Sec.  101.139   Authorization of transmitters.

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

   (b) Any manufacturer of a transmitter to be produced for use under the rules
   of this part may request certification or obtain verification by following
   the applicable procedures set forth in part 2 of this chapter.

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

   (d) A transmitter presently shown on an instrument of authorization, which
   operates on an assigned frequency in the 890–940 MHz band and has not been
   certificated, may continue to be used by the licensee without certification
   provided such transmitter continues otherwise to comply with the applicable
   rules and regulations of the Commission.

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

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

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

   (1)  The 0.001% frequency tolerance requirement for digital systems in
    Sec. 101.107(a) or the 0.03–0.003% frequency tolerance for analog sytems; and

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

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

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

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