Sec.  22.912   Service area boundary extensions.

   This  section  contains  rules  governing  service area boundary (SAB)
   extensions.  SAB  extensions  are areas outside of the cellular market
   boundary, but within the service area as calculated using the methods of
    Sec. 22.911(a). Cellular systems must be designed to comply with the rules in
   this section. Applications proposing systems that would not comply with the
   rules in this section are defective. Service within SAB extensions is not
   protected from interference or capture under  Sec. 22.911(d) unless and until the
   area within the SAB extension becomes a part of the cellular geographic
   service area (CGSA) in accordance with  Sec. 22.911(c).

   (a) De minimis extensions. Except as otherwise provided in paragraphs (b)
   and (d) of this section, SABs may be extended into adjacent cellular markets
   if  such  extensions are de minimis , are demonstrably unavoidable for
   technical reasons of sound engineering design, and do not extend into the
   CGSA of any other licensee's cellular system on the same channel block, any
   part of the Gulf of Mexico Exclusive Zone (GMEZ), or into any adjacent
   cellular market on a channel block for which the five year build-out period
   has expired.

   (b) Contract extensions. Except as otherwise provided in paragraph (d) of
   this section, cellular system licensees may enter into contracts to allow
   SAB extensions as follows:

   (1) The licensee of any cellular system may, at any time, enter into a
   contract with an applicant for, or licensee of, a cellular system on the
   same channel block in an adjacent cellular market, to allow one or more SAB
   extensions into its CGSA only (not into unserved area).

   (2) The licensee of the first authorized cellular system on each channel
   block in the Gulf of Mexico Service Area (GMSA) may enter into a contract
   with an applicant for, or licensee of, a cellular system on the same channel
   block in an adjacent cellular market or in the Gulf of Mexico Coastal Zone
   (GMCZ),  to  allow  one or more SAB extensions into the Gulf of Mexico
   Exclusive Zone.

   (3) The licensee of the first authorized cellular system on each channel
   block in each cellular market may enter into a contract with an applicant
   for  or  licensee of a cellular system on the same channel block in an
   adjacent cellular market, to allow one or more SAB extensions into its CGSA
   and/or unserved area in its cellular market, during its five year build-out
   period.

   (b) Contract extensions. Except as restricted in paragraph (d) of this
   section, licensees of cellular systems on the same channel block in adjacent
   cellular markets may, at any time, enter into contracts with applicants or
   other licensees to allow SAB extensions into their CGSA only (not into
   unserved areas). Except as restricted in paragraph (d) of this section,
   licensees of the first authorized cellular systems on the same channel block
   in adjacent cellular markets may agree to allow SAB extensions into their
   CGSA and/or unserved areas in their cellular markets during the five year
   build-out period of the market into which the SAB extends.

   (c) Same applicant/licensee. Except as restricted in paragraph (d) of this
   section,  licensees  of cellular systems that are also an applicant or
   licensee on the same channel block in adjacent cellular markets may, at any
   time, allow or propose SAB extensions from their adjacent market system into
   their CGSH only (not into unserved areas). Except as restricted in paragraph
   (d) of this section, licensees of the first authorized cellular systems that
   are also an applicant or licensee on the same channel block in adjacent
   cellular markets may allow or propose SAB extensions from their adjacent
   market  system into their CGSA and/or unserved areas in their cellular
   markets during the five year build-out period of the market into which the
   SAB extends.

   (d) Unserved area systems. Phase I initial cellular applications must not
   propose SAB extensions. Phase I sole major modification applications and
   Phase II applications may propose SAB extensions, subject to the conditions
   in this section.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  68 FR 42295 , July 17, 2003]