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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 24—PERSONAL COMMUNICATIONS SERVICES
___________________________________
Section Contents
Subpart A—General Information
§ 24.1 Basis and purpose.
§ 24.2 Other applicable rule parts.
§ 24.3 Permissible communications.
§ 24.5 Terms and definitions.
Subpart B—Applications and Licenses
General Filing Requirements
§ 24.10 Scope.
§ 24.11 Initial authorization.
§ 24.12 Eligibility.
§ 24.15 License period.
§ 24.16 Criteria for comparative renewal proceedings.
Subpart C—Technical Standards
§ 24.50 Scope.
§ 24.51 Equipment authorization.
§ 24.52 RF hazards.
§ 24.53 Calculation of height above average terrain (HAAT).
§ 24.55 Antenna structures; air navigation safety.
Subpart D—Narrowband PCS
§ 24.100 Scope.
§ 24.101 [Reserved]
§ 24.102 Service areas.
§ 24.103 Construction requirements.
§ 24.104 Partitioning and disaggregation.
§ 24.129 Frequencies.
§ 24.130 [Reserved]
§ 24.131 Authorized bandwidth.
§ 24.132 Power and antenna height limits.
§ 24.133 Emission limits.
§ 24.134 Co-channel separation criteria.
§ 24.135 Frequency stability.
Subpart E—Broadband PCS
§ 24.200 Scope.
§ 24.202 Service areas.
§ 24.203 Construction requirements.
§ 24.229 Frequencies.
§ 24.232 Power and antenna height limits.
§ 24.235 Frequency stability.
§ 24.236 Field strength limits.
§ 24.237 Interference protection.
§ 24.238 Emission limitations for Broadband PCS equipment.
Policies Governing Microwave Relocation From the 1850–1990 MHz Band
§ 24.239 Cost-sharing requirements for broadband PCS.
§ 24.241 Administration of the Cost-Sharing Plan.
§ 24.243 The cost-sharing formula.
§ 24.245 Reimbursement under the Cost-Sharing Plan.
§ 24.247 Triggering a reimbursement obligation.
§ 24.249 Payment issues.
§ 24.251 Dispute resolution under the Cost-Sharing Plan.
§ 24.253 Termination of cost-sharing obligations.
Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal
Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and
Order)
Subpart F—Competitive Bidding Procedures for Narrowband PCS
§ 24.301 Narrowband PCS subject to competitive bidding.
§ 24.302-24.309 [Reserved]
§ 24.320 [Reserved]
§ 24.321 Designated entities.
Subpart G—Interim Application, Licensing and Processing Rules for Narrowband
PCS
§ 24.403 Authorization required.
§ 24.404 Eligibility.
§§ 24.405-24.414 [Reserved]
§ 24.415 Technical content of applications; maintenance of list of station
locations.
§§ 24.416-24.429 [Reserved]
§ 24.430 Opposition to applications.
§ 24.431 Mutually exclusive applications.
§§ 24.432-24.444 [Reserved]
Subpart H—Competitive Bidding Procedures for Broadband PCS
§ 24.701 Broadband PCS subject to competitive bidding.
§§ 24.702-24.708 [Reserved]
§ 24.709 Eligibility for licenses for frequency Blocks C or F.
§ 24.710 [Reserved]
§ 24.711 Installment payments for licenses for frequency Block C.
§ 24.712 Bidding credits for licenses won for frequency Block C.
§ 24.713 [Reserved]
§ 24.714 Partitioned licenses and disaggregated spectrum.
§ 24.716 Installment payments for licenses for frequency Block F.
§ 24.717 Bidding credits for licenses for frequency Block F.
§ 24.720 Definitions.
Subpart I—Interim Application, Licensing, and Processing Rules for Broadband
PCS
§§ 24.801-24.803 [Reserved]
§ 24.804 Eligibility.
§§ 24.805-24.814 [Reserved]
§ 24.815 Technical content of applications; maintenance of list of station
locations.
§§ 24.816-24.829 [Reserved]
§ 24.830 Opposition to applications.
§ 24.831 Mutually exclusive applications.
§ 24.832 [Reserved]
§ 24.833 Post-auction divestitures.
§§ 24.834-24.838 [Reserved]
§ 24.839 Transfer of control or assignment of license.
§§ 24.840-24.844 [Reserved]
___________________________________
Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Source: 58 FR 59183 , Nov. 8, 1993, unless otherwise noted. Redesignated at
59 FR 18499 , Apr. 19, 1994.
Subpart A—General Information
top
§ 24.1 Basis and purpose.
top
This section contains the statutory basis for this part of the rules and
provides the purpose for which this part is issued.
(a) Basis. The rules for the personal communications services (PCS) in this
part are promulgated under the provisions of the Communications Act of 1934,
as amended, that vests authority in the Federal Communications Commission to
regulate radio transmission and to issue licenses for radio stations.
(b) Purpose. This part states the conditions under which portions of the
radio spectrum are made available and licensed for PCS.
(c) Scope. The rules in this part apply only to stations authorized under
this part. Rules in subparts D and E apply only to stations authorized under
those subparts.
[ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, and
amended at 59 FR 32854 , June 24, 1994]
§ 24.2 Other applicable rule parts.
top
Other FCC rule parts applicable to licensees in the personal communications
services include the following:
(a) Part 0. This part describes the Commission's organization and
delegations of authority. Part 0 of this chapter also lists available
Commission publications, standards and procedures for access to Commission
records, and location of Commission Field Offices.
(b) Part 1. This part includes rules of practice and procedure for license
applications, adjudicatory proceedings, procedures for reconsideration and
review of the Commission's actions; provisions concerning violation notices
and forfeiture proceedings; and the environmental requirements that, if
applicable, must be complied with prior to the initiation of construction.
Subpart F includes the rules for the Wireless Telecommunications Services
and the procedures for filing electronically via the ULS.
(c) Part 2. This part contains the Table of Frequency Allocations and
special requirements in international regulations, recommendations,
agreements, and treaties. This part also contains standards and procedures
concerning the marketing and importation of radio frequency devices, and for
obtaining equipment authorization.
(d) Part 5. This part contains rules prescribing the manner in which parts
of the radio frequency spectrum may be made available for experimentation.
(e) Part 15. This part contains rules setting out the regulations under
which an intentional, unintentional, or incidental radiator may be operated
without an individual license. It also contains the technical
specifications, administrative requirements and other conditions relating to
the marketing of part 15 devices. Unlicensed PCS devices operate under
subpart D of part 15.
(f) Part 17. This part contains requirements for construction, marking and
lighting of antenna towers.
(g) Part 20 of this chapter governs commercial mobile radio services.
(h) Part 21 . This part contains rules concerning multipoint distribution
service and multichannel multipoint distribution service.
(i) Part 68. This part contains technical standards for connection of
terminal equipment to the telephone network.
(j) Part 101 . This part contains rules concerning common carrier and
private services relating to fixed point-to-point and point-to-multipoint
microwave systems.
[ 58 FR 59183 , Nov. 8, 1993. Redesignated and amended at 59 FR 18499 , Apr.
19, 1994, as amended at 63 FR 68952 , Dec. 14, 1998; 65 FR 38325 , June 20,
2000]
§ 24.3 Permissible communications.
top
PCS licensees may provide any mobile communications service on their
assigned spectrum. Fixed services may be provided on a co-primary basis with
mobile operations. Broadcasting as defined in the Communications Act is
prohibited.
[ 61 FR 45356 , Aug. 29, 1996]
§ 24.5 Terms and definitions.
top
Assigned Frequency. The center of the frequency band assigned to a station.
Authorized Bandwidth. The maximum width of the band of frequencies permitted
to be used by a station. This is normally considered to be the necessary or
occupied bandwidth, whichever is greater.
Average Terrain. The average elevation of terrain between 3 and 16
kilometers from the antenna site.
Base Station. A land station in the land mobile service.
Broadband PCS. PCS services operating in the 1850–1890 MHz, 1930–1970 MHz,
2130–2150 MHz, and 2180–2200 MHz bands.
Effective Radiated Power (e.r.p.) ( in a given direction ). The product of
the power supplied to the antenna and its gain relative to a half-wave
dipole in a given direction.
Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power
supplied to the antenna and the antenna gain in a given direction relative
to an isotropic antenna.
Fixed Service. A radiocommunication service between specified fixed points.
Fixed Station. A station in the fixed service.
Land Mobile Service. A mobile service between base stations and land mobile
stations, or between land mobile stations.
Land Mobile Station. A mobile station in the land mobile service capable of
surface movement within the geographic limits of a country or continent.
Land Station. A station in the mobile service not intended to be used while
in motion.
Mobile Service. A radiocommunication service between mobile and land
stations, or between mobile stations.
Mobile Station. A station in the mobile service intended to be used while in
motion or during halts at unspecified points.
Narrowband PCS. PCS services operating in the 901–902 MHz, 930–931 MHz, and
940–941 MHz bands.
National Geodetic Reference System (NGRS): The name given to all geodetic
control data contained in the National Geodetic Survey (NGS) data base.
(Source: National Geodetic Survey, U.S. Department of Commerce)
PCS Relocator. A PCS entity that pays to relocate a fixed microwave link
from its existing 2 GHz facility to other media or other fixed channels.
Personal Communications Services (PCS). Radio communications that encompass
mobile and ancillary fixed communication that provide services to
individuals and businesses and can be integrated with a variety of competing
networks.
Universal Licensing System . The Universal Licensing System (ULS) is the
consolidated database, application filing system, and processing system for
all Wireless Radio Services. ULS supports electronic filing of all
applications and related documents by applicants and licensees in the
Wireless Radio Services, and provides public access to licensing
information.
UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and
Management, which coordinates relocation in the 1910–1930 MHz band.
Voluntarily Relocating Microwave Incumbent A microwave incumbent that
voluntarily relocates its licensed facilities to other media or fixed
channels.
[ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, and
amended at 61 FR 29691 , June 12, 1996; 62 FR 12757 , Mar. 18, 1997; 63 FR 68952 , Dec. 14, 1998]
Subpart B—Applications and Licenses
top
General Filing Requirements
top
§ 24.10 Scope.
top
This subpart contains some of the procedures and requirements for filing
applications for licenses in the personal communications services. One also
should consult subparts F and G of this part. Other Commission rule parts of
importance that may be referred to with respect to licensing and operation
of radio services governed under this part include 47 CFR parts 0, 1, 2, 5,
15, 17 and 20.
[ 59 FR 32854 , June 24, 1994]
§ 24.11 Initial authorization.
top
(a) An applicant must file a single application for an initial authorization
for all markets won and frequency blocks desired.
(b) Blanket licenses are granted for each market and frequency block.
Applications for individual sites are not required and will not be accepted.
[ 59 FR 32854 , June 24, 1994, as amended at 63 FR 68952 , Dec. 14, 1998]
§ 24.12 Eligibility.
top
Any entity, other than those precluded by section 310 of the Communications
Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under
this part.
[ 70 FR 61059 , Oct. 20, 3005]
§ 24.15 License period.
top
Licenses for service areas will be granted for ten year terms from the date
of original issuance or renewal.
§ 24.16 Criteria for comparative renewal proceedings.
top
A renewal applicant involved in a comparative renewal proceeding shall
receive a preference, commonly referred to as a renewal expectancy, which is
the most important comparative factor to be considered in the proceeding, if
its past record for the relevant license period demonstrates that the
renewal applicant:
(a) Has provided “substantial” service during its past license term.
“Substantial” service is defined as service which is sound, favorable, and
substantially above a level of mediocre service which might just minimally
warrant renewal; and
(b) Has substantially complied with applicable Commission rules, policies
and the Communications Act.
Subpart C—Technical Standards
top
§ 24.50 Scope.
top
This subpart sets forth the technical requirements for use of the spectrum
and equipment in the personal communications services.
§ 24.51 Equipment authorization.
top
(a) Each transmitter utilized for operation under this part and each
transmitter marketed, as set forth in §2.803 of this chapter, must be of a
type that has been authorized by the Commission under its certification
procedure for use under this part.
(b) Any manufacturer of radio transmitting equipment to be used in these
services may request equipment authorization following the procedures set
forth in subpart J of part 2 of this chapter. Equipment authorization for an
individual transmitter may be requested by an applicant for a station
authorization by following the procedures set forth in part 2 of this
chapter.
(c) Applicants for certification of transmitters that operate in these
services must determine that the equipment complies with IEEE C95.1–1991,
“IEEE Standards for Safety Levels with Respect to Human Exposure to Radio
Frequency Electromagnetic Fields, 3 kHz to 300 GHz” as measured using
methods specified in IEEE C95.3–1991, “Recommended Practice for the
Measurement of Potentially Hazardous Electromagnetic Fields—RF and
Microwave.” The applicant for certification is required to submit a
statement affirming that the equipment complies with these standards as
measured by an approved method and to maintain a record showing the basis
for the statement of compliance with IEEE C.95.1–1991.
[ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, as
amended at 63 FR 36604 , July 7, 1998]
§ 24.52 RF hazards.
top
Licensees and manufacturers are subject to the radiofrequency radiation
exposure requirements specified in §1.1307(b), §2.1091 and §2.1093 of this
chapter, as appropriate. Applications for equipment authorization of mobile
or portable devices operating under this section must contain a statement
confirming compliance with these requirements for both fundamental emissions
and unwanted emissions. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
[ 61 FR 41018 , Aug. 7, 1996]
§ 24.53 Calculation of height above average terrain (HAAT).
top
(a) HAAT is determined by subtracting average terrain elevation from antenna
height above mean sea level.
(b) Average terrain elevation shall be calculated using elevation data from
a 30 arc second or better Digital Elevation Models (DEMs). DEM data is
available from United States Geological Survey (USGS). The data file shall
be identified. If 30 arc second data is used, the elevation data must be
processed for intermediate points using interpolation techniques; otherwise,
the nearest point may be used. If DEM data is not available, elevation data
from the Defense Mapping Agency's Digital Chart of the World (DCW) may be
used.
(c) Radial average terrain elevation is calculated as the average of the
elevation along a straight line path from 3 to 16 kilometers extending
radially from the antenna site. At least 50 evenly spaced data points for
each radial shall be used in the computation.
(d) Average terrain elevation is the average of the eight radial average
terrain elevations (for the eight cardinal radials).
(e) The position location of the antenna site shall be determined to an
accuracy of no less than ±5 meters in both the horizontal (latitude and
longitude) and vertical (ground elevation) dimensions with respect to the
National Geodetic Reference System.
[ 58 FR 59183 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994]
§ 24.55 Antenna structures; air navigation safety.
top
Licensees that own their antenna structures must not allow these antenna
structures to become a hazard to air navigation. In general, antenna
structure owners are responsible for registering antenna structures with the
FCC if required by part 17 of this chapter, and for installing and
maintaining any required marking and lighting. However, in the event of
default of this responsibility by an antenna structure owner, each FCC
permittee or licensee authorized to use an affected antenna structure will
be held responsible by the FCC for ensuring that the antenna structure
continues to meet the requirements of part 17 of this chapter. See §17.6 of
this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted and
maintained in accordance with part 17 of this chapter and all applicable
rules and requirements of the Federal Aviation Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees and
permittees, in the event of default by an antenna structure owner) may enter
into contracts with other entities to monitor and carry out necessary
maintenance of antenna structures. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner) that
make such contractual arrangements continue to be responsible for the
maintenance of antenna structures in regard to air navigation safety.
[ 61 FR 4366 , Feb. 6, 1996]
Subpart D—Narrowband PCS
top
§ 24.100 Scope.
top
This subpart sets out the regulations governing the licensing and operations
of personal communications services authorized in the 901–902, 930–931, and
940–941 MHz bands (900 MHz band).
§ 24.101 [Reserved]
top
§ 24.102 Service areas.
top
Narrowband PCS service areas are nationwide, regional, and Major Trading
Areas (MTAs), as defined in this section. MTAs are based on the Rand McNally
1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38–39 (MTA
Map). Rand McNally organizes the 50 States and the District of Columbia into
47 MTAs. The MTA Map is available for public inspection in the FCC's
Library, Room TW-B505, 445 12th Street SW, Washington, D.C.
(a) The nationwide service area consists of the fifty states, the District
of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico,
and United States Virgin Islands.
(b) The regional service areas are defined as follows:
(1) Region 1 (Northeast): The Northeast Region consists of the following
MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and
Pittsburgh.
(2) Region 2 (South): The South Region consists of the following MTAs:
Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville,
Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale,
Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore;
and, Puerto Rico and United States Virgin Islands.
(3) Region 3 (Midwest): The Midwest Region consists of the following MTAs:
Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities,
Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha.
(4) Region 4 (Central): The Central Region consists of the following MTAs:
Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas
City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City,
San Antonio, St. Louis, Tulsa, and Wichita.
(5) Region 5 (West): The West Region consists of the following MTAs:
Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San
Francisco-Oakland-San Jose, Seattle (including Alaska), and
Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana
Islands.
(c) The MTA service areas are based on the Rand McNally 1992 Commercial
Atlas & Marketing Guide, 123rd Edition, at pages 38–39, with the following
exceptions and additions:
(1) Alaska is separated from the Seattle MTA and is licensed separately.
(2) Guam and the Northern Mariana Islands are licensed as a single MTA-like
area.
(3) Puerto Rico and the United States Virgin Islands are licensed as a
single MTA-like area.
(4) American Samoa is licensed as a single MTA-like area.
[ 59 FR 14118 , Mar. 25, 1994, as amended at 59 FR 46199 , Sept. 7, 1994; 65 FR 35852 , June 6, 2000]
§ 24.103 Construction requirements.
top
(a) Nationwide narrowband PCS licensees shall construct base stations that
provide coverage to a composite area of 750,000 square kilometers or serve
37.5 percent of the U.S. population within five years of initial license
grant date; and, shall construct base stations that provide coverage to a
composite area of 1,500,000 square kilometers or serve 75 percent of the
U.S. population within ten years of initial license grant date. Licensees
may, in the alternative, provide substantial service to the licensed area as
provided in paragraph (d) of this section.
(b) Regional narrowband PCS licensees shall construct base stations that
provide coverage to a composite area of 150,000 square kilometers or serve
37.5 percent of the population of the service area within five years of
initial license grant date; and, shall construct base stations that provide
coverage to a composite area of 300,000 square kilometers or serve 75
percent of the service area population within ten years of initial license
grant date. Licensees may, in the alternative, provide substantial service
to the licensed area as provided in paragraph (d) of this section.
(c) MTA narrowband PCS licensees shall construct base stations that provide
coverage to a composite area of 75,000 square kilometers or 25 percent of
the geographic area, or serve 37.5 percent of the population of the service
area within five years of initial license grant date; and, shall construct
base stations that provide coverage to a composite area of 150,000 square
kilometers or 50 percent of the geographic area, or serve 75 percent of the
population of the service area within ten years of initial license grant
date. Licensees may, in the alternative, provide substantial service to the
licensed area as provided in paragraph (d) of this section.
(d) As an alternative to the requirements of paragraphs (a), (b), and (c) of
this section, narrowband PCS licensees may demonstrate that, no later than
ten years after the initial grant of their license, they provide substantial
service to their licensed area. Licensees choosing this option must notify
the FCC by filing FCC Form 601, no later than 15 days after the end of the
five year period following the initial grant of their license, that they
plan to satisfy the alternative requirement to provide substantial service.
“Substantial service” is defined as service that is sound, favorable, and
substantially above a level of mediocre service that would barely warrant
renewal.
(e) In demonstrating compliance with the construction requirements set forth
in this section, licensees must base their calculations on signal field
strengths that ensure reliable service for the technology utilized.
Licensees may determine the population of geographic areas included within
their service contours using either the 1990 census or the 2000 census, but
not both.
(1) For the purpose of this section, the service radius of a base station
may be calculated using the following formula:
d[km]= 2.53 × h[m]0.34 × p^0.17
where d[km]is the radial distance in kilometers,
h[m]is the antenna HAAT of the base station in meters, and
p is the e.r.p. of the base station in watts.
(2) Alternatively, licensees may use any service radius contour formula
developed or generally used by industry, provided that such formula is based
on the technical characteristics of their system.
(f) Upon meeting the five and ten year benchmarks in paragraphs (a), (b),
and (c) of this section, or upon meeting the substantial service alternative
in paragraph (d), licensees shall notify the Commission by filing FCC Form
601 and including a map and other supporting documentation that demonstrate
the required geographic area coverage, population coverage, or substantial
service to the licensed area. The notification must be filed with the
Commission within 15 days of the expiration of the relevant period.
(g) If the sale of a license is approved, the new licensee is held to the
original build-out requirement.
(h) Failure by a licensee to meet the above construction requirements shall
result in forfeiture of the license and ineligibility to regain it.
[ 59 FR 14118 , Mar. 25, 1994, as amended at 65 FR 35852 , June 6, 2000]
§ 24.104 Partitioning and disaggregation.
top
Nationwide, regional, and MTA licensees may apply to partition their
authorized geographic service area or disaggregate their authorized spectrum
at any time following grant of their geographic area authorizations.
(a) Application required. Parties seeking approval for partitioning and/or
disaggregation shall apply for partial assignment of a license pursuant to
§1.948 of this chapter.
(b) Partitioning. In the case of partitioning, applicants and licensees must
file FCC Form 603 pursuant to §1.948 of this chapter and describe the
partitioned service area on a schedule to the application. The partitioned
service area shall be defined by up to 120 sets of geographic coordinates at
points at every 3 degrees azimuth from a point within the partitioned
service area along the partitioned service area boundary unless either an
FCC-recognized service area is used ( e.g. , MEA or EA) or county lines are
followed. The geographical coordinates must be specified in degrees,
minutes, and seconds to the nearest second latitude and longitude, and must
be based upon the 1983 North American Datum (NAD83). In the case where
FCC-recognized service areas or county lines are used, applicants need only
list the specific area(s) through use of FCC designations or county names
that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply for
partial assignment of authorizations that propose combinations of
partitioning and disaggregation.
(e) License term. The license term for a partitioned license area and for
disaggregated spectrum shall be the remainder of the original licensee's
license term as provided for in §1.955 of this chapter.
(f) Coverage requirements for partitioning. (1) Parties to a partitioning
agreement must satisfy at least one of the following requirements:
(i) The partitionee must satisfy the applicable coverage requirements set
forth in §24.103 for the partitioned license area; or
(ii) The original licensee must meet the coverage requirements set forth in
§24.103 for the entire geographic area. In this case, the partitionee must
meet only the requirements for renewal of its authorization for the
partitioned license area.
(2) Parties seeking authority to partition must submit with their partial
assignment application a certification signed by both parties stating which
of the options they select.
(3) Partitionees must submit supporting documents showing compliance with
their coverage requirements as set forth in §24.103.
(4) Failure by any partitionee to meet its coverage requirements will result
in automatic cancellation of the partitioned authorization without further
Commission action.
(g) Coverage requirements for disaggregation. (1) Parties to a
disaggregation agreement must satisfy at least one of the following
requirements:
(i) Either the disaggregator or disaggregatee must satisfy the coverage
requirements set forth in §24.103 for the entire license area; or
(ii) Parties must agree to share responsibility for meeting the coverage
requirements set forth in §24.103 for the entire license area.
(2) Parties seeking authority to disaggregate must submit with their partial
assignment application a certification signed by both parties stating which
of the requirements they select.
(3) Disaggregatees must submit supporting documents showing compliance with
their coverage requirements as set forth in §24.103.
(4) Parties that accept responsibility for meeting the coverage requirements
and later fail to do so will be subject to automatic license cancellation
without further Commission action.
[ 65 FR 35853 , June 6, 2000]
Effective Date Note: At 65 FR 35853 , June 6, 2000, §24.104 was added. This
section contains information collection and recordkeeping requirements and
will not become effective until approval has been given by the Office of
Management and Budget.
§ 24.129 Frequencies.
top
The following frequencies are available for narrowband PCS:
(a) Eighteen frequencies are available for assignment on a nationwide basis
as follows:
(1) Seven 50 kHz channels paired with 50 kHz channels:
Channel 1: 940.00–940.05 and 901.00–901.05 MHz;
Channel 2: 940.05–940.10 and 901.05–901.10 MHz;
Channel 3: 940.10–940.15 and 901.10–901.15 MHz;
Channel 4: 940.15–940.20 and 901.15–901.20 MHz;
Channel 5: 940.20–940.25 and 901.20–901.25 MHz;
Channel 19: 930.50–930.55 and 901.30–901.35 MHz; and
Channel 20: 930.75–930.80 and 901.90–901.95 MHz.
(2) Three 50 kHz channels paired with 12.5 kHz channels:
Channel 6: 930.40–930.45 and 901.7500–901.7625 MHz;
Channel 7: 930.45–930.50 and 901.7625–901.7750 MHz; and
Channel 8: 940.75–940.80 and 901.7750–901.7875 MHz;
(3) Two 50 kHz unpaired channels:
Channel 9: RESERVED;
Channel 10: 940.80–940.85 MHz; and
Channel 11: 940.85–940.90 MHz.
(4) One 100 kHz unpaired channel:
Channel 18: 940.65–940.75 MHz.
(5) Two 150 kHz channels paired with 50 kHz channels:
Channel 21: 930.00–930.15 and 901.50–901.55 MHz; and
Channel 22: 930.15–930.30 and 901.60–901.65 MHz.
(6) Three 100 kHz channels paired with 50 kHz channels:
Channel 23: 940.55–940.65 and 901.45–901.50 MHz;
Channel 24: 940.30–940.40 and 901.55–901.60 MHz; and
Channel 25: 940.45–940.55 and 901.85–901.90 MHz.
(b) Five frequencies are available for assignment on a regional basis as
follows:
(1) One 50 kHz channel paired with 50 kHz channel:
Channel 12: 940.25–940.30 and 901.25–901.30 MHz.
Channel 13: RESERVED.
(2) Four 50 kHz channels paired with 12.5 kHz channels:
Channel 14: 930.55–930.60 and 901.7875–901.8000 MHz;
Channel 15: 930.60–930.65 and 901.8000–901.8125 MHz;
Channel 16: 930.65–930.70 and 901.8125–901.8250 MHz; and
Channel 17: 930.70–930.75 and 901.8250–901.8375 MHz.
(c) Seven frequencies are available for assignment on an MTA basis as
follows:
(1) Three 50 kHz unpaired channels:
Channel 26: 901.35–901.40 MHz;
Channel 27: 901.40–901.45 MHz; and
Channel 28: 940.40–940.45 MHz.
(2) One 50 kHz channel paired with 50 kHz channel:
Channel 29: 930.80–930.85 and 901.95–902.00 MHz.
(3) One 100 kHz channel paired with 50 kHz channel:
Channel 30: 930.30–930.40 and 901.65–901.70 MHz.
(4) One 150 kHz channel paired with 50 kHz channel:
Channel 31: 930.85–931.00 and 901.7–901.75 MHz.
(5) One 100 kHz channel paired with 12.5 kHz channel:
Channel 32: 940.90–941 and 901.8375–901.85 MHz.
Note to §24.129: Operations in markets or portions of markets which border
other countries, such as Canada and Mexico, will be subject to on-going
coordination arrangements with neighboring countries.
[ 66 FR 29920 , June 4, 2001]
§ 24.130 [Reserved]
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§ 24.131 Authorized bandwidth.
top
The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5
kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent
channels, a maximum authorized bandwidth of 5 kHz less than the total
aggregated channel width is permitted.
§ 24.132 Power and antenna height limits.
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(a) Stations transmitting in the 901–902 MHz band are limited to 7 watts
e.r.p.
(b) Mobile stations transmitting in the 930–931 MHz and 940–941 MHz bands
are limited to 7 watts e.r.p.
(c) Base stations transmitting in the 930–931 MHz and 940–941 MHz bands are
limited to 3500 watts e.r.p. per authorized channel and are unlimited in
antenna height except as provided in paragraph (d) of this section.
(d)(1) MTA and regional base stations located between 200 kilometers (124
miles) and 80 kilometers (50 miles) from their licensed service area border
are limited to the power levels in the following table:
Antenna HAAT in meters (feet) (see §24.53 for HAAT HAAT calculation method)
Effective radiated power (e.r.p.) (watts)
183 (600) and below 3500
183 (600) to 208 (682) 3500 to 2584
208 (682) to 236 (775) 2584 to 1883
236 (775) to 268 (880) 1883 to 1372
268 (880) to 305 (1000) 1372 to 1000
305 (1000) to 346 (1137) 1000 to 729
346 (1137) to 394 (1292) 729 to 531
394 (1292) to 447 (1468) 531 to 387
447 (1468) to 508 (1668) 387 to 282
508 (1668) to 578 (1895) 282 to 206
578 (1895) to 656 (2154) 206 to 150
656 (2154) to 746 (2447) 150 to 109
746 (2447) to 848 (2781) 109 to 80
848 (2781) to 963 (3160) 80 to 58
963 (3160) to 1094 (3590) 58 to 42
1094 (3590) to 1244 (4080) 42 to 31
1244 (4080) to 1413 (4636) 31 to 22
Above 1413 (4636) 16
(2) For heights between the values listed in the table, linear interpolation
shall be used to determine maximum e.r.p.
(e) MTA and regional base stations located less than 80 kilometers (50
miles) from the licensed service area border must limit their effective
radiated power in accordance with the following formula:
PW=0.0175xdkm* * 6.6666xhm* * −3.1997
PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see §24.53 for HAAT calculation method
(f) All power levels specified in this section are expressed in terms of the
maximum power, averaged over a 100 millisecond interval, when measured with
instrumentation calibrated in terms of an rms-equivalent voltage with a
resolution bandwidth equal to or greater than the authorized bandwidth.
(g) Additionally, PCS stations will be subject to any power limits imposed
by international agreements.
[ 58 FR 59183 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994, as amended at 62 FR 27511 , May 20, 1997; 65 FR 35853 , June 6, 2000]
§ 24.133 Emission limits.
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(a) The power of any emission shall be attenuated below the transmitter
power (P), as measured in accordance with §24.132(f), in accordance with the
following schedule:
(1) For transmitters authorized a bandwidth greater than 10 kHz:
(i) On any frequency outside the authorized bandwidth and removed from the
edge of the authorized bandwidth by a displacement frequency (f[d]in kHz) of
up to and including 40 kHz: at least 116 Log[10]((f[d]+10)/6.1) decibels or
50 plus 10 Log[10](P) decibels or 70 decibels, whichever is the lesser
attenuation;
(ii) On any frequency outside the authorized bandwidth and removed from the
edge of the authorized bandwidth by a displacement frequency (f[d]in kHz) of
more than 40 kHz: at least 43+10 Log[10](P) decibels or 80 decibels,
whichever is the lesser attenuation.
(2) For transmitters authorized a bandwidth of 10 kHz:
(i) On any frequency outside the authorized bandwidth and removed from the
edge of the authorized bandwidth by a displacement frequency (f[d]in kHz) of
up to and including 20 kHz: at least 116 × Log[10]((f[d]+5)/3.05) decibels
or 50+10×Log[10](P) decibels or 70 decibels, whichever is the lesser
attenuation;
(ii) On any frequency outside the authorized bandwidth and removed from the
edge of the authorized bandwidth by a displacement frequency (f[d]in kHz) of
more than 20 kHz: at least 43+10 Log[10](P) decibels or 80 decibels,
whichever is the lesser attenuation.
(b) The measurements of emission power can be expressed in peak or average
values provided they are expressed in the same parameters as the transmitter
power.
(c) When an emission outside of the authorized bandwidth causes harmful
interference, the Commission may, at its discretion, require greater
attenuation than specified in this section.
(d) The following minimum spectrum analyzer resolution bandwidth settings
will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and
(a)(2)(i) of this section; and 30 kHz when showing compliance with
paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.
[ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , April 19, 1994, as
amended at 59 FR 14119 , Mar. 25, 1994; 66 FR 10968 , Feb. 21, 2001]
§ 24.134 Co-channel separation criteria.
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The minimum co-channel separation distance between base stations in
different service areas is 113 kilometers (70 miles). A co-channel
separation distance is not required for the base stations of the same
licensee or when the affected parties have agreed to other co-channel
separation distances.
§ 24.135 Frequency stability.
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(a) The frequency stability of the transmitter shall be maintained within
±0.0001 percent (±1 ppm) of the center frequency over a temperature
variation of −30° Celsius to +50° Celsius at normal supply voltage, and over
a variation in the primary supply voltage of 85 percent to 115 percent of
the rated supply voltage at a temperature of 20° Celsius.
(b) For battery operated equipment, the equipment tests shall be performed
using a new battery without any further requirement to vary supply voltage.
(c) It is acceptable for a transmitter to meet this frequency stability
requirement over a narrower temperature range provided the transmitter
ceases to function before it exceeds these frequency stability limits.
Subpart E—Broadband PCS
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Source: 59 FR 32854 , June 24, 1994, unless otherwise noted.
§ 24.200 Scope.
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This subpart sets out the regulations governing the licensing and operations
of personal communications services authorized in the 1850–1910 and
1930–1990 MHz bands.
§ 24.202 Service areas.
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Broadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading
Areas (BTAs) as defined in this section. MTAs and BTAs are based on the Rand
McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages
38–39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District
of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is available for
public inspection at the Office of Engineering and Technology's Technical
Information Center, 445 12th Street, SW, Washington, DC 20554.
(a) The MTA service areas are based on the Rand McNally 1992 Commercial
Atlas & Marketing Guide , 123rd Edition, at pages 38–39, with the following
exceptions and additions:
(1) Alaska is separated from the Seattle MTA and is licensed separately.
(2) Guam and the Northern Mariana Islands are licensed as a single MTA-like
area.
(3) Puerto Rico and the United States Virgin Islands are licensed as a
single MTA-like area.
(4) American Samoa is licensed as a single MTA-like area.
(b) The BTA service areas are based on the Rand McNally 1992 Commercial
Atlas & Marketing Guide , 123rd Edition, at pages 38–39, with the following
additions licensed separately as BTA-like areas: American Samoa; Guam;
Northern Mariana Islands; Mayagüez/Aguadilla-Ponce, Puerto Rico; San Juan,
Puerto Rico; and the United States Virgin Islands. The
Mayagüez/Aguadilla-Ponce BTA-like service area consists of the following
municipios: Adjuntas, Aguada, Aguadilla, Añasco, Arroyo, Cabo Rojo, Coamo,
Guánica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Díaz,
Lajas, Las Marías, Mayagüez, Maricao, Maunabo, Moca, Patillas, Peñuelas,
Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San Germán, Santa
Isabel, Villalba, and Yauco. The San Juan BTA-like service area consists of
all other municipios in Puerto Rico.
[ 59 FR 32854 , June 24, 1994; 59 FR 40835 , Aug. 10, 1994; 63 FR 68952 , Dec.
14, 1998; 65 FR 53636 , Sept. 5, 2000]
§ 24.203 Construction requirements.
top
(a) Licensees of 30 MHz blocks must serve with a signal level sufficient to
provide adequate service to at least one-third of the population in their
licensed area within five years of being licensed and two-thirds of the
population in their licensed area within ten years of being licensed.
Licensees may, in the alternative, provide substantial service to their
licensed area within the appropriate five- and ten-year benchmarks.
Licensees may choose to define population using the 1990 census or the 2000
census. Failure by any licensee to meet these requirements will result in
forfeiture or non-renewal of the license and the licensee will be ineligible
to regain it.
(b) Licensees of 10 MHz blocks except for the 1910–1915 MHz and 1990–1995
MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of
the Commission's Rules Regarding Installment Payment Financing for Personal
Communications Services (PCS) Licensees, WT Docket No. 97–82, Sixth Report
and Order, FCC 00–313, and 15 MHz blocks resulting from the disaggregation
option as provided in the Commission's Rules Regarding Installment Payment
Financing for Personal Communications Services (PCS) Licensees, Second
Report and Order and Further Notice of Proposed Rule Making, WT Docket
97–82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of
the Second Report and Order, WT Docket 97–82, 13 FCC Rcd 8345 (1998), must
serve with a signal level sufficient to provide adequate service to at least
one-quarter of the population in their licensed area within five years of
being licensed, or make a showing of substantial service in their licensed
area within five years of being licensed. Population is defined as the 1990
population census. Licensees may elect to use the 2000 population census to
determine the five-year construction requirement. Failure by any licensee to
meet these requirements will result in forfeiture of the license and the
licensee will be ineligible to regain it.
(c) Licensees must file maps and other supporting documents showing
compliance with the respective construction requirements within the
appropriate five- and ten-year benchmarks of the date of their initial
licenses.
(d) Licensees in the paired 1910–1915 MHz and 1990–1995 MHz bands must make
a showing of “substantial service” in their license area within ten years of
the date of initial license issuance or renewal. “Substantial service” is
defined as service which is sound, favorable, and substantially above a
level of mediocre service which just might minimally warrant renewal.
Failure by any licensee to meet this requirement will result in forfeiture
of the license and the licensee will be ineligible to regain it.
[ 58 FR 59183 , Nov. 8, 1993, as amended at 64 FR 26890 , May 18, 1999; 65 FR 53636 , Sept. 5, 2000; 69 FR 67835 , Nov. 22, 2004; 69 FR 75171 , Dec. 15,
2004]
§ 24.229 Frequencies.
top
The frequencies available in the Broadband PCS service are listed in this
section in accordance with the frequency allocations table of §2.106 of this
chapter.
(a) The following frequency blocks are available for assignment on an MTA
basis:
Block A: 1850–1865 MHz paired with 1930–1945 MHz; and
Block B: 1870–1885 MHz paired with 1950–1965 MHz.
(b) The following frequency blocks are available for assignment on a BTA
basis:
Block C: 1895–1910 MHz paired with 1975–1990 MHz;
Pursuant to Amendment of the Commission's Rules Regarding Installment
Payment Financing for Personal Communications Services (PCS) Licensees, WT
Docket No. 97–82, Sixth Report and Order , FCC 00–313, all 30 MHz Block C
licenses available for auction in Auction No. 35 or any subsequent auction
will be reconfigured into three 10 MHz C block licenses as follows:
1895–1900 MHz paired with 1975–1980 MHz, 1900–1905 MHz paired with 1980–1985
MHz, 1905–1910 MHz paired with 1985–1990 MHz;
Block D: 1865–1870 MHz paired with 1945–1950 MHz;
Block E: 1885–1890 MHz paired with 1965–1970 MHz;
Block F: 1890–1895 MHz paired with 1970–1975 MHz;
(c) The paired frequency blocks 1910–1915 MHz and 1990–1995 MHz are
available for assignment in the 175 Economic Areas defined in §90.7 of this
chapter. The 1910–1915 MHz block shall be used for mobile/portable station
transmissions while the 1990–1995 MHz block shall be used for base station
transmissions.
[ 59 FR 32854 , June 24, 1994, as amended at 60 FR 13917 , Mar. 15, 1995; 60 FR 26375 , May 17, 1995; 61 FR 33868 , July 1, 1996; 62 FR 660 , Jan. 6, 1997; 65 FR 53637 , Sept. 5, 2000; 69 FR 67836 , Nov. 22, 2004]
§ 24.232 Power and antenna height limits.
top
(a) Base stations are limited to 1640 watts peak equivalent isotropically
radiated power (EIRP) with an antenna height up to 300 meters HAAT, except
as described in paragraph (b) below. See §24.53 for HAAT calculation method.
Base station antenna heights may exceed 300 meters with a corresponding
reduction in power; see Table 1 of this section. The service area boundary
limit and microwave protection criteria specified in §§24.236 and 24.237
apply.
Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters
HAAT in meters Maximum EIRP watts
≤ 300 1640
≤ 500 1070
≤ 1000 490
≤ 1500 270
≤ 2000 160
(b) Base stations that are located in counties with population densities of
100 persons or fewer per square mile, based upon the most recently available
population statistics from the Bureau of the Census, are limited to 3280
watts peak equivalent isotropically radiated power (EIRP) with an antenna
height up to 300 meters HAAT; See §24.53 for HAAT calculation method. Base
station antenna heights may exceed 300 meters with a corresponding reduction
in power; see Table 2 of this section. The service area boundary limit and
microwave protection criteria specified in §§24.236 and 24.237 apply.
Operation under this paragraph must be coordinated in advance with all PCS
licensees within 120 kilometers (75 miles) of the base station and is
limited to base stations located more than 120 kilometers (75 miles) from
the Canadian border and more than 75 kilometers (45 miles) from the Mexican
border.
Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters
HAAT in meters Maximum EIRP watts
≤ 300 3280
≤ 500 2140
≤ 1000 980
≤ 1500 540
≤ 2000 320
(c) Mobile/portable stations are limited to 2 watts EIRP peak power and the
equipment must employ means to limit the power to the minimum necessary for
successful communications.
(d) Peak transmit power must be measured over any interval of continuous
transmission using instrumentation calibrated in terms of an rms-equivalent
voltage. The measurement results shall be properly adjusted for any
instrument limitations, such as detector response times, limited resolution
bandwidth capability when compared to the emission bandwidth, sensitivity,
etc., so as to obtain a true peak measurement for the emission in question
over the full bandwidth of the channel.
[ 70 FR 61059 , Oct. 20, 2005]
§ 24.235 Frequency stability.
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The frequency stability shall be sufficient to ensure that the fundamental
emission stays within the authorized frequency block.
§ 24.236 Field strength limits.
top
The predicted or measured median field strength at any location on the
border of the PCS service area shall not exceed 47 dBuV/m unless the parties
agree to a higher field strength.
§ 24.237 Interference protection.
top
(a) All licensees are required to coordinate their frequency usage with the
co-channel or adjacent channel incumbent fixed microwave licensees in the
1850–1990 MHz band. Coordination must occur before initiating operations
from any base station. Problems that arise during the coordination process
are to be resolved by the parties to the coordination. Licensees are
required to coordinate with all users possibly affected, as determined by
Appendix I to this subpart E (Appendix E of the Memorandum Opinion and
Order, GEN Docket No. 90–314, FCC 94–144; TIA Telecommunications Systems
Bulletin 10–F, “Interference Criteria for Microwave Systems,” May 1994,
(TSB10–F)); or an alternative method agreed to by the parties.
(b) The results of the coordination process need to be reported to the
Commission only if the parties fail to agree. Because broadband PCS
licensees are required to protect fixed microwave licensees in the 1850–1990
MHz band, the Commission will be involved in the coordination process only
upon complaint of interference from a fixed microwave licensee. In such a
case, the Commission will resolve the issues.
(c) In all other respects, coordination procedures are to follow the
requirements of §101.103(d) of this chapter to the extent that these
requirements are not inconsistent with those specified in this part.
(d) The licensee must perform an engineering analysis to assure that the
proposed facilities will not cause interference to existing OFS stations
within the coordination distance specified in Table 3 of a magnitude greater
than that specified in the criteria set forth in paragraphs (e) and (f) of
this section, unless there is prior agreement with the affected OFS
licensee. Interference calculations shall be based on the sum of the power
received at the terminals of each microwave receiver from all of the
applicant's current and proposed PCS operations.
Table 3—Coordination Distances in Kilometers
PCS Base Station Antenna HAAT in Meters
EIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000
0.1 90 93 99 110 122 131 139 146 152 173 210 239 263
0.5 96 100 105 116 128 137 145 152 158 179 216 245 269
1 99 103 108 119 131 140 148 155 161 182 219 248 272
2 120 122 126 133 142 148 154 159 164 184 222 250 274
5 154 157 161 168 177 183 189 194 198 213 241 263 282
10 180 183 187 194 203 210 215 220 225 240 268 291 310
20 206 209 213 221 229 236 242 247 251 267 296 318 337
50 241 244 248 255 264 271 277 282 287 302 331 354 374
100 267 270 274 282 291 297 303 308 313 329 358 382 401
200 293 296 300 308 317 324 330 335 340 356 386 409 436
500 328 331 335 343 352 359 365 370 375 391 421 440
1000 354 357 361 369 378 385 391 397 402 418
1200 361 364 368 376 385 392 398 404 409 425
1640 372 375 379 388 397 404 410 416 421 437
2400 384 387 391 399 408 415 423 427 431
3280 396 399 403 412 419 427 435 439 446
(e) For microwave paths of 25 kilometers or less, interference
determinations shall be based on the C/I criteria set forth in TIA
Telecommunications Systems Bulletin 10–F, “Interference Criteria for
Microwave Systems,” May 1994 (TSB10–F).
(f) For microwave paths longer than 25 kilometers, the interference
protection criterion shall be such that the interfering signal will not
produce more than 1.0 dB degradation of the practical threshold of the
microwave receiver for analog system, or such that the interfering signal
will not cause an increase in the bit error rate (BER) from 10E–6 to 10E–5
for digital systems.
(g) The development of the C/I ratios and interference criteria specified in
paragraphs (e) and (f) of this section and the methods employed to compute
the interfering power at the microwave receivers shall follow generally
acceptable good engineering practices. The procedures described for
computing interfering signal levels in (Appendix I to this subpart E
Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90–314, FCC
94–144) shall be applied. Alternatively, procedures for determining
interfering signal levels and other criteria as may be developed by the
Electronics Industries Association (EIA), the Institute of Electrical and
Electronics Engineers, Inc. (IEEE), the American National Standards
Institute (ANSI) or any other recognized authority will be acceptable to the
Commission.
[ 59 FR 32854 , June 24, 1994, as amended at 61 FR 29691 , June 21, 1996; 69 FR 75171 , Dec. 15, 2004]
§ 24.238 Emission limitations for Broadband PCS equipment.
top
The rules in this section govern the spectral characteristics of emissions
in the Broadband Personal Communications Service.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use
of measurement instrumentation employing a resolution bandwidth of 1 MHz or
greater. However, in the 1 MHz bands immediately outside and adjacent to the
frequency block a resolution bandwidth of at least one percent of the
emission bandwidth of the fundamental emission of the transmitter may be
employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy provided the measured power is integrated over
the full required measurement bandwidth ( i.e. 1 MHz or 1 percent of
emission bandwidth, as specified). The emission bandwidth is defined as the
width of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which all
emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in this service may
establish an alternative out of band emission limit to be used at specified
band edge(s) in specified geographical areas, in lieu of that set forth in
this section, pursuant to a private contractual arrangement of all affected
licensees and applicants. In this event, each party to such contract shall
maintain a copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a
transmitter operating in this service results in interference to users of
another radio service, the FCC may require a greater attenuation of that
emission than specified in this section.
[ 67 FR 77192 , Dec. 17, 2002]
Policies Governing Microwave Relocation From the 1850–1990 MHz Band
top
§ 24.239 Cost-sharing requirements for broadband PCS.
top
Frequencies in the 1850–1990 MHz band listed in §101.147(c) of this chapter
have been allocated for use by PCS. In accordance with procedures specified
in §§101.69 through 101.81 of this chapter, PCS entities (both licensed and
unlicensed) are required to relocate the existing Fixed Microwave Services
(FMS) licensees in these bands if interference to the existing FMS
operations would occur. All PCS entities who benefit from spectrum clearance
by other PCS entities or a voluntarily relocating microwave incumbent, must
contribute to such relocation costs. PCS entities may satisfy this
requirement by entering into private cost-sharing agreements or agreeing to
terms other than those specified in §24.243. However, PCS entities are
required to reimburse other PCS entities or voluntarily relocating microwave
incumbents that incur relocation costs and are not parties to the
alternative agreement. In addition, parties to a private cost-sharing
agreement may seek reimbursement through the clearinghouse (as discussed in
§24.241) from PCS entities that are not parties to the agreement. The
cost-sharing plan is in effect during all phases of microwave relocation
specified in §101.69 of this chapter. If a licensee in the Broadband PCS
Service enters into a spectrum leasing arrangement (as set forth in part 1,
subpart X of this chapter) and the spectrum lessee triggers a cost-sharing
obligation, the licensee is the PCS entity responsible for satisfying the
cost-sharing obligations under §§24.239 through 24.253.
[ 62 FR 12757 , Mar. 18, 1997, as amended at 69 FR 77559 , Dec. 27, 2004]
§ 24.241 Administration of the Cost-Sharing Plan.
top
The Wireless Telecommunications Bureau, under delegated authority, will
select an entity to operate as a neutral, not-for-profit clearinghouse. This
clearinghouse will administer the cost-sharing plan by, inter alia ,
maintaining all of the cost and payment records related to the relocation of
each link and determining the cost-sharing obligation of subsequent PCS
entities. The cost-sharing rules will not take effect until an administrator
is selected.
[ 61 FR 29691 , June 12, 1996]
§ 24.243 The cost-sharing formula.
top
A PCS relocator who relocates an interfering microwave link, i.e. one that
is in all or part of its market area and in all or part of its frequency
band or a voluntarily relocating microwave incumbent, is entitled to pro
rata reimbursement based on the following formula:
[MATH: 
:MATH]
(a) RN equals the amount of reimbursement.
(b) C equals the actual cost of relocating the link. Actual relocation costs
include, but are not limited to, such items as: Radio terminal equipment (TX
and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or
modifications; back-up power equipment; monitoring or control equipment;
engineering costs (design/path survey); installation; systems testing; FCC
filing costs; site acquisition and civil works; zoning costs; training;
disposal of old equipment; test equipment (vendor required); spare
equipment; project management; prior coordination notification under
§101.103(d) of this chapter; site lease renegotiation; required antenna
upgrades for interference control; power plant upgrade (if required);
electrical grounding systems; Heating Ventilation and Air Conditioning
(HVAC) (if required); alternate transport equipment; and leased facilities.
C also includes voluntarily relocating microwave incumbent's independent
third party appraisal of its compensable relocation costs and incumbent
transaction expenses that are directly attributable to the relocation,
subject to a cap of two percent of the “hard” costs involved. C may not
exceed $250,000 per link, with an additional $150,000 permitted if a new or
modified tower is required.
(c) N equals the number of PCS entities that would have interfered with the
link. For the PCS relocator, N=1. For the next PCS entity that would have
interfered with the link, N=2, and so on. In the case of a voluntarily
relocating microwave incumbent, N=1 for the first PCS entity that would have
interfered with the link. For the next PCS entity that would have interfered
with the link, N=2, and so on.
(d) Tm equals the number of months that have elapsed between the month the
PCS relocator or voluntarily relocating microwave incumbent obtains
reimbursement rights for the link and the month that the clearinghouse
notifies a later-entrant of its reimbursement obligation for the link. A PCS
relocator obtains reimbursement rights for the link on the date that it
signs a relocation agreement with a microwave incumbent. A voluntarily
relocating microwave incumbent obtains reimbursement rights for the link on
the date that the incumbent notifies the Commission that it intends to
discontinue, or has discontinued, the use of the link, pursuant to §101.305
of the Commission's rules.
[ 62 FR 12757 , Mar. 18, 1997, as amended at 65 FR 46113 , July 27, 2000]
§ 24.245 Reimbursement under the Cost-Sharing Plan.
top
(a) Registration of reimbursement rights. (1) To obtain reimbursement, a PCS
relocator must submit documentation of the relocation agreement to the
clearinghouse within ten business days of the date a relocation agreement is
signed with an incumbent.
(2) To obtain reimbursement, a voluntarily relocating microwave incumbent
must submit documentation of the relocation of the link to the clearinghouse
within ten business days of the date that the incumbent notifies the
Commission that it intends to discontinue, or has discontinued, the use of
the link, pursuant to §101.305 of the Commission's rules.
(b) Documentation of expenses. Once relocation occurs, the PCS relocator or
the voluntarily relocating microwave incumbent, must submit documentation
itemizing the amount spent for items listed in §24.243(b). The voluntarily
relocating microwave incumbent, must also submit an independent third party
appraisal of its compensable relocation costs. The appraisal should be based
on the actual cost of replacing the incumbent's system with comparable
facilities and should exclude the cost of any equipment upgrades or items
outside the scope of §24.243(b). The PCS relocator or the voluntarily
relocating microwave incumbent, must identify the particular link associated
with appropriate expenses ( i.e. , costs may not be averaged over numerous
links). If a PCS relocator pays a microwave incumbent a monetary sum to
relocate its own facilities, the PCS relocator must estimate the costs
associated with relocating the incumbent by itemizing the anticipated cost
for items listed in §24.243(b). If the sum paid to the incumbent cannot be
accounted for, the remaining amount is not eligible for reimbursement. A PCS
relocator may submit receipts or other documentation to the clearinghouse
for all relocation expenses incurred since April 5, 1995.
(c) Full Reimbursement . A PCS relocator who relocates a microwave link that
is either fully outside its market area or its licensed frequency band may
seek full reimbursement through the clearinghouse of compensable costs, up
to the reimbursement cap as defined in §24.243(b). Such reimbursement will
not be subject to depreciation under the cost-sharing formula.
[ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 65 FR 46113 , July 27, 2000]
§ 24.247 Triggering a reimbursement obligation.
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(a) Licensed PCS . The clearinghouse will apply the following test to
determine if a PCS entity preparing to initiate operations must pay a PCS
relocator or a voluntarily relocating microwave incumbent in accordance with
the formula detailed in §24.243:
(1) All or part of the relocated microwave link was initially co-channel
with the licensed PCS band(s) of the subsequent PCS entity;
(2) A PCS relocator has paid the relocation costs of the microwave
incumbent; and
(3) The subsequent PCS entity is preparing to turn on a fixed base station
at commercial power and the fixed base station is located within a rectangle
(Proximity Threshold) described as follows:
(i) The length of the rectangle shall be x where x is a line extending
through both nodes of the microwave link to a distance of 48 kilometers (30
miles) beyond each node. The width of the rectangle shall be y where y is a
line perpendicular to x and extending for a distance of 24 kilometers (15
miles) on both sides of x. Thus, the rectangle is represented as follows:
[ec01mr91.041.gif]
View or download PDF
(ii) If the application of the Proximity Threshold test indicates that a
reimbursement obligation exists, the clearinghouse will calculate the
reimbursement amount in accordance with the cost-sharing formula and notify
the subsequent PCS entity of the total amount of its reimbursement
obligation.
(b) Unlicensed PCS . UTAM's reimbursement obligation is triggered either:
(1) When a county is cleared of microwave links in the unlicensed
allocation, and UTAM invokes a Zone 1 power cap as a result of third party
relocation activities; or
(2) A county is cleared of microwave links in the unlicensed allocation and
UTAM reclassifies a Zone 2 county to Zone 1 status.
(c) Any new entrants granted licenses for the 1910–1915 MHz band must
reimburse UTAM a pro rata share of its total expenses incurred by UTAM as of
the date that the new entrants gain access to the band. The percent required
by new entrants to pay shall be calculated based upon the amount of spectrum
granted to the new entrant as compared to the total amount of spectrum UTAM
is responsible for clearing of incumbents (20 megahertz), and must be paid
before a new entrant begins operations in the band. For example, if a new
entrant obtains a license for 5 megahertz of spectrum in this band, it is
required to reimburse UTAM one-quarter of UTAM's total costs to date on a
pro rata shared basis. New entrants will be responsible for the actual costs
associated with future relocation activities in their licensed spectrum, but
will be entitled to seek reimbursement from UTAM for the proportion of those
band clearing costs that benefit users of the 1915–1930 MHz band.
[ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 69 FR 67836 , Nov. 22, 2004]
§ 24.249 Payment issues.
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(a) Timing . On the day that a PCS entity files its prior coordination
notice (PCN) in accordance with §101.103(d) of this chapter, it must file a
copy of the PCN with the clearinghouse. The clearinghouse will determine if
any reimbursement obligation exists and notify the PCS entity in writing of
its repayment obligation, if any. When the PCS entity receives a written
copy of such obligation, it must pay directly to the PCS relocator or the
voluntarily relocating microwave incumbent the amount owed within thirty
days, with the exception of those businesses that qualify for installment
payments. A business that qualifies for an installment payment plan must
make its first installment payment within thirty days of notice from the
clearinghouse. UTAM's first payment will be due thirty days after its
reimbursement obligation is triggered, as described in §24.247(b).
(b) Eligibility for Installment Payments. PCS licensees that are allowed to
pay for their licenses in installments under our designated entity rules
will have identical payment options available to them with respect to
payments under the cost-sharing plan. The specific terms of the installment
payment mechanism, including the treatment of principal and interest, are
the same as those applicable to the licensee's installment auction payments.
If, for any reason, the entity eligible for installment payments is no
longer eligible for such installment payments on its license, that entity is
no longer eligible for installment payments under the cost-sharing plan.
UTAM may make quarterly payments over a five-year period with an interest
rate of prime plus 2.5 percent. UTAM may also negotiate separate repayment
arrangements with other parties.
[ 61 FR 29693 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997]
§ 24.251 Dispute resolution under the Cost-Sharing Plan.
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Disputes arising out of the cost-sharing plan, such as disputes over the
amount of reimbursement required, must be brought, in the first instance, to
the clearinghouse for resolution. To the extent that disputes cannot be
resolved by the clearinghouse, parties are encouraged to use expedited ADR
procedures, such as binding arbitration, mediation, or other ADR techniques.
[ 61 FR 29693 , June 12, 1996]
§ 24.253 Termination of cost-sharing obligations.
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The cost-sharing plan will sunset for all PCS entities on April 4, 2005,
which is ten years after the date that voluntary negotiations commenced for
A and B block PCS entities. Those PCS entities that are paying their portion
of relocation costs on an installment basis must continue the payments until
the obligation is satisfied.
[ 61 FR 29693 , June 12, 1996]
Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal
Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and Order)
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The new Rules adopted in Part 24 stipulate that estimates of interference to
fixed microwave operations from a PCS operation will be based on the sum of
signals received at a microwave receiver from the PCS operation. This
appendix describes a procedure for computing this PCS level.
In general, the procedure involves four steps:
1. Determine the geographical coordinates of all microwave receivers
operating on co-channel and adjacent frequencies within the coordination
distance of each base station and the characteristics of each receiver,
i.e., adjacent channel susceptibility, antenna gain, pattern and height, and
line and other losses.
2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each
base station and equivalent e.i.r.p. values for the mobiles and portables
associated with each base station. Determine the values of pertinent
correction and weighting factors based on building heights and density and
distribution of portables. Close-in situations, prominent hills, and extra
tall buildings require special treatment.
3. Based on PCS e.i.r.p. values, correction and weighting factors, and
microwave receiving system characteristics determined above, calculate the
total interference power at the input of each microwave receiver, using the
Longley-Rice propagation model.
4. Based on the interference power level computed in step 3, determine
interference to each microwave receiver using criteria described in Part 24
and EIA/TIA Bulletin 10–F.
The interference from each base station and the mobiles and portables
associated with it is calculated as follows:
P[rbi]=10Log (p[tbi])−L[bi]−UC[i]+G[mwi]−C[i]−BP[i]
P[rmi]=10Log (n[mi]×p[tmi])−L[mi]−UC[i]+G[mwi]−C[i]
P[rpsi]=10Log (n[psi]×p[tpsi])−L[psi]−UC[i]+G[mwi]−C[i]
P[rpbi]=10Log (n[pbi]×p[tpbi])−L[pbi]−UC[i]−(BP[i]−BH[i]) +G[mwi]−C[i]
P[rpri]=10Log (n[pri]×p[tpri])−L[pri]−(UC[i]−BH[i])+G[mwi]−C[i]
where:
P refers to Power in dBm
p refers to power in milliwatts
P[rbi]=Power at MW receiver from ith base station in dBm
p[tbi]=e.i.r.p. transmitted from ith base station in milliwatts, which
equals average power per channel × number of channels × antenna gain with
respect to an isotropic antenna − line loss
L[bi]=Path loss between MW and base station site in dB
UC[i]=Urban correction factor in dB
G[mwi]=Gain of MW antenna in pertinent direction (dBi)
C[i]=Channel discrimination of MW system in dB
P[rmi]=Power at MW receiver from mobiles associated with ith base station
p[tmi]=e.i.r.p. transmitted from mobiles associated with ith base station
n[mi]=Number of mobiles associated with ith base station
L[mi]=Path loss between MW and mobile transmitters in dB
P[rpsi]=Power at MW receiver from outdoor portables (s for sidewalk)
p[tpsi]=e.i.r.p. transmitted from outdoor portables associated with ith base
station
n[psi]=Number of outdoor portables associated with ith base station
L[psi]=Path loss between MW and outdoor portables in dB
P[rpbi]=Power at MW receiver from indoor portables (b for building)
p[tpbi]=e.i.r.p. transmitted from indoor portables associated with ith base
station
n[pbi]=number of indoor portables associated with ith base station
L[pbi]=Path loss in dB between MW and base station site (using average
building height divided by 2 as effective antenna height)
P[rpri]=Power at MW receiver from rooftop portables (r for rooftop)
p[tpri]=e.i.r.p. transmitted from rooftop portables associated with ith base
station
n[pri]=Number of rooftop portables associated with ith base station
L[pri]=Path loss in dB between MW and base station site (using average
building height as effective antenna height)
BP[i]=Building penetration loss at street level in dB
BH[i]=Height gain for portables in buildings dB=2.5×(nf–1), where nf is
number of floors
Note: where C[i]varies from channel-to-channel, which often is the case, the
summation process is more complex, requiring summation at a channel level
first.
Finally, the total PCS interference power at a given microwave receiver from
all the base stations in a given frequency band is found by summing the
contributions from the individual stations. Likewise, the total interference
power at a given microwave receiver from all mobiles and portables operating
in a given frequency band is found by summing the contributions from the
mobiles and portables associated with each cell.
[MATH: 
:MATH]
Base Stations. Interference from each base station to each microwave should
normally be considered independently. A group of base stations having more
or less (within ±50 percent) the same height above average terrain, the same
e.i.r.p., basically the same path to a microwave receiving site, and
subtending an angle to that receiving site of less than 5 degrees, may be
treated as a group, using the total power of the group and the average
antenna height of the group to calculate path loss, L.
Mobile Stations. The e.i.r.p. from mobile transmitters is weighted according
to the number of base station channels expected to be devoted to mobile
operation at any given time. The antenna height of mobiles used in
calculating path loss, L, is assumed to be 2 meters.
Portable Stations. The e.i.r.p. from the portable units associated with each
base station is weighted according to the estimated portion of portables
associated with that cell expected to be operated inside buildings at any
given time and the portion which could be expected to be operating from
elevated locations, such as balconies or building rooftops. For example, in
the case of service intended for business use in an urban area, one might
expect that perhaps 85 percent of the portables in use at any given time
would be operating from within buildings and perhaps 5 percent might be
operating from rooftops or balconies. The remaining 10 percent would be
outside at street level.
Calculation of an equivalent e.i.r.p. for cells in suburban areas will
involve different weighting criteria.
Urban Correction Factor. The urban correction factor (UC) depends on the
height and density of buildings surrounding a base station. For the core
area of large cities, it is assumed to be 35 dB. For medium size cities and
fringe areas of large cities (4- to 6-story buildings with scattered taller
buildings and lower buildings and open spaces) it is assumed to be 25 dB;
for small cities and towns, 15 dB, and for suburban residential areas (one-
and two-story, single family houses with scattered multiple-story apartment
buildings, shopping centers and open areas), 10 dB.
The unadjusted urban correction factor, UC, should not be applied to base
station antenna heights that are greater than 50 percent of the average
building height for a cell.
Building Height and Building Penetration Factors. The building height
correction, BH, is a function of the average building height within the
nominal coverage area of the base station. It is used in conjunction with
the building penetration loss, BP, to adjust the expected interference
contribution from that portion of the portables transmitting from within
buildings. The adjustment is given by:
BP=20 dB in urban areas
BP=10 dB in suburban areas
BH=2.5×(nf–1) dB
where nf is the average height (number of floors) of the buildings in the
area.
(Note that this formula implies a net gain when the average building height
is greater than 8 floors). All buildings more than twice the average height
should be considered individually. The contribution to BH from that portion
of portables in the building above the average building height should be
increased by a factor of 20Log(h) dB, where h is the height of the portables
above the average building height in meters.
Channel Discrimination Factor. A factor based on the interference
selectivity of the microwave receiver.
Propagation Model. The PCS to microwave path loss, L, is calculated using
the Longley-Rice propagation model, Version 1.2.2., in the point-to-point
mode. The Longley-Rice [1] model was derived from NBS Technical Note 101
[2], and updated in 1982 by Hufford [3]. Version 1.2.2 incorporated
modifications described in a letter by Hufford [4] in 1985. Terrain
elevations used as input to the model should be from the U.S. Geological
Survey 3-second digitized terrain database.
Special Situations. If a cell size is large compared to the distance between
the cell and a microwave receiving site so that it subtends an angle greater
than 5 degrees, the cell should be subdivided and calculations should be
based on the expected distribution of mobiles and portables within each
subdivision.
If terrain elevations within a cell differ by more than a factor of
two-to-one, the cell should be subdivided and microwave interference
calculations should be based on the average terrain elevation for each
subdivision.
If a co-channel PCS base station lies within the main beam of a microwave
antenna (±5 degrees), there is no intervening terrain obstructions, and the
power at the microwave receiver from that base station, assuming free space
propagation, would be 3 dB or less below the interference threshold,
interference will be assumed to exist unless the PCS licensee can
demonstrate otherwise by specific path loss calculations based on terrain
and building losses.
If any part of a cell or cell subdivision lies within the main beam of a
co-channel microwave antenna, there is no intervening terrain obstructions,
and the accumulative power of 5 percent or less of the mobiles, assuming
free space propagation would be 3 dB or less below the interference
threshold, interference will be assumed to exist unless the PCS licensee can
demonstrate otherwise by specific path loss calculations based on terrain
and building losses.
If a building within a cell or cell subdivision lies within the main beam of
a co-channel microwave antenna, there is no intervening terrain
obstructions, and the cumulative power of 5 percent or fewer of the
portables, assuming free space propagation, would be 3 dB or less below the
interference threshold, interference will be assumed to exist unless the PCS
licensee can demonstrate otherwise by specific path loss calculations based
on terrain and building losses.
References:
1. Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio
Transmission Loss Over Irregular Terrain, A Computer Method-1968”, ESSA
Technical Report ERL 79–ITS 67, Institute for Telecommunications Sciences,
July 1968.
2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss
Predictions for Tropospheric Communications Circuits,” NBS Technical Note
101 (Revised), Volumes I and II, U.S. Department of Commerce, 1967.
3. Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of
the ITS Irregular Terrain Model in the Area Prediction Mode”, NTIA Report
82–100, U.S. Department of Commerce, April 1982. Also, Circular letter,
dated January 30, 1985, from G.A. Hufford, identifying modifications to the
computer program.
4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model,
Institute for Telecommunications Sciences, U.S. Department of Commerce,
January 30, 1985.
Subpart F—Competitive Bidding Procedures for Narrowband PCS
top
Source: 59 FR 26747 , May 24, 1994, unless otherwise noted.
§ 24.301 Narrowband PCS subject to competitive bidding.
top
Mutually exclusive initial applications for narrowband PCS service licenses
are subject to competitive bidding. The general competitive bidding
procedures set forth in part 1, subpart Q of this chapter will apply unless
otherwise provided in this subpart.
[ 67 FR 45367 , July 9, 2002]
§ 24.302-24.309 [Reserved]
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§ 24.320 [Reserved]
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§ 24.321 Designated entities.
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(a) Eligibility for small business provisions. (1) A small business is an
entity that, together with its controlling interests and affiliates, has
average gross revenues not exceeding $ 40 million for the preceding three
years.
(2) A very small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding $ 15
million for the preceding three years.
(b) Bidding credits. After August 7, 2000, a winning bidder that qualifies
as a small business, as defined in this section, or a consortium of small
businesses may use the bidding credit specified in §1.2110(f)(2)(iii) of
this chapter. A winning bidder that qualifies as a very small business, as
defined in this section, or a consortium of very small businesses may use
the bidding credit specified in §1.2110(f)(2)(ii) of this chapter.
(c) Installment payments. Small businesses that are winning bidders on any
regional license prior to August 7, 2000 will be eligible to pay the full
amount of their winning bids in installments over the term of the license
pursuant to the terms set forth in §1.2110(g) of this chapter.
[ 67 FR 45367 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003]
Subpart G—Interim Application, Licensing and Processing Rules for Narrowband
PCS
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Source: 59 FR 26749 , May 24, 1994, unless otherwise noted.
§ 24.403 Authorization required.
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No person shall use or operate any device for the transmission of energy or
communications by radio in the services authorized by this part except as
provided in this part.
§ 24.404 Eligibility.
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(a) General . Authorizations will be granted upon proper application if:
(1) The applicant is qualified under the applicable laws and the
regulations, policies and decisions issued under the laws, including §24.12;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a
grant.
(b) Alien ownership. A narrowband PCS authorization to provide Commercial
Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign government.
(3) Any corporation of which more than one-fifth of the capital stock is
owned of record or voted by aliens or their representatives or by a foreign
government or representative thereof or any corporation organized under the
laws of a foreign country.
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned or
voted by aliens, their representatives, or by a foreign government or
representative thereof, or by any corporation organized under the laws of a
foreign country, if the Commission finds that the public interest will be
served by the refusal or revocation of such license. A Narrowband PCS
authorization to provide Private Mobile Radio Service may not be granted to
or held by a foreign government or a representative thereof.
[ 59 FR 26749 , May 24, 1994, as amended at 61 FR 55581 , Oct. 28, 1996; 65 FR 35855 , June 6, 2000]
§§ 24.405-24.414 [Reserved]
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§ 24.415 Technical content of applications; maintenance of list of station
locations.
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(a) All applications required by this part shall contain all technical
information required by the application forms or associated public
notice(s). Applications other than initial applications for a narrowband PCS
license must also comply with all technical requirements of the rules
governing the narrowband PCS (see subparts C and D as appropriate). The
following paragraphs describe a number of general technical requirements.
(b) Each application (except applications for initial licenses filed on Form
175) for a radio station authorization for narrowband PCS must comply with
the provisions of §§24.129 through 24.135.
(c)–(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to be the
station location. Narrowband PCS licensees must maintain a current list of
all station locations, which must describe the transmitting antenna site by
its geographical coordinates and also by conventional reference to street
number, landmark, or the equivalent. All such coordinates shall be specified
in terms of degrees, minutes, and seconds to the nearest second of latitude
and longitude.
[ 59 FR 26749 , May 24, 1994; 59 FR 43898 , Aug. 25, 1994]
§§ 24.416-24.429 [Reserved]
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§ 24.430 Opposition to applications.
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(a) Petitions to deny (including petitions for other forms of relief) and
responsive pleadings for Commission consideration must comply with §1.2108
of this chapter and must:
(1) Identify the application or applications (including applicant's name,
station location, Commission file numbers and radio service involved) with
which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing periods,
and other applicable provisions of §§1.41 through 1.52 of this chapter
except where otherwise provided in §1.2108 of this chapter;
(3) Contain specific allegations of fact which, except for facts of which
official notice may be taken, shall be supported by affidavit of a person or
persons with personal knowledge thereof, and which shall be sufficient to
demonstrate that the petitioner (or respondent) is a party in interest and
that a grant of, or other Commission action regarding, the application would
be prima facie inconsistent with the public interest; and
(4) Contain a certificate of service showing that it has been mailed to the
applicant no later than the date of filing thereof with the Commission.
(b) A petition to deny a major amendment to a previously filed application
may only raise matters directly related to the amendment which could not
have been raised in connection with the underlying, previously filed
application. This does not apply to petitioners who gain standing because of
the major amendment.
(c) Parties who file frivolous petitions to deny may be subject to sanctions
including monetary forfeitures, license revocation, if they are FCC
licensees, and may be prohibited from participating in future auctions.
[ 59 FR 44072 , Aug. 26, 1994, as amended at 65 FR 35855 , June 6, 2000]
§ 24.431 Mutually exclusive applications.
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(a) The Commission will consider applications to be mutually exclusive if
their conflicts are such that the grant of one application would effectively
preclude by reason of harmful electrical interference, or other practical
reason, the grant of one or more of the other applications. The Commission
will presume “harmful electrical interference” to mean interference which
would result in a material impairment to service rendered to the public
despite full cooperation in good faith by all applicants or parties to
achieve reasonable technical adjustments which would avoid electrical
conflict.
(b) Mutually exclusive applications filed on Form 175 for the initial
provision of narrowband PCS service are subject to competitive bidding in
accordance with the procedures in subpart F of this part and in 47 CFR part
1, subpart Q.
(c) An application will be entitled to comparative consideration with one or
more conflicting applications only if the Commission determines that such
comparative consideration will serve the public interest.
§§ 24.432-24.444 [Reserved]
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Subpart H—Competitive Bidding Procedures for Broadband PCS
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Source: 59 FR 37604 , July 22, 1994, unless otherwise noted.
§ 24.701 Broadband PCS subject to competitive bidding.
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Mutually exclusive initial applications for broadband PCS service licenses
are subject to competitive bidding. The general competitive bidding
procedures set forth in part 1, subpart Q of this chapter will apply unless
otherwise provided in this subpart.
[ 67 FR 45367 , July 9, 2002]
§§ 24.702-24.708 [Reserved]
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§ 24.709 Eligibility for licenses for frequency Blocks C or F.
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(a) General rule for licenses offered for closed bidding. (1) No application
is acceptable for filing and no license shall be granted to a winning bidder
in closed bidding for frequency block C or frequency block F, unless the
applicant, together with its affiliates and persons or entities that hold
interests in the applicant and their affiliates, have had gross revenues of
less than $125 million in each of the last two years and total assets of
less than $500 million at the time the applicant's short-form application
(Form 175) is filed.
(2) Any licensee awarded a license won in closed bidding pursuant to the
eligibility requirements of this section (or pursuant to §24.839(a)(2))
shall maintain its eligibility until at least five years from the date of
initial license grant, except that a licensee's (or other attributable
entity's) increased gross revenues or increased total assets due to
nonattributable equity investments (i.e., from sources whose gross revenues
and total assets are not considered under paragraph (b) of this section),
debt financing, revenue from operations or other investments, business
development, or expanded service shall not be considered.
(3) Tiers. (i) For purposes of determining spectrum to which the eligibility
requirements of this section are applicable, the BTA service areas (see
§24.202(b)) are divided into two tiers according to their population as
follows:
(A) Tier 1: BTA service areas with population equal to or greater than 2.5
million;
(B) Tier 2: BTA service areas with population less than 2.5 million.
(ii) For Auction No. 35, the population of individual BTA service areas will
be based on the 1990 census. For auctions beginning after the start of
Auction No. 35, the population of individual BTA service areas will be based
on the most recent available decennial census.
(4) Application of eligibility requirements. (i) The following categories of
licenses will be subject to closed bidding pursuant to the eligibility
requirements of this section in auctions that begin after the effective date
of this paragraph.
(A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895–1900 MHz
paired with 1975–1980 MHz);
(B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895–1900 MHz
paired with 1975–1980 MHz; 1900–1905 MHz paired with 1980–1985 MHz) and all
15 MHz C block licenses.
(ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this section,
any C block license for operation on spectrum that has been offered, but not
won by a bidder, in closed bidding in any auction beginning on or after
March 23, 1999, will not be subject in a subsequent auction to closed
bidding pursuant to the eligibility requirements of this section.
(5) Special rule for licensees disaggregating or returning certain spectrum
in frequency block C.
(i) In addition to entities qualifying for closed bidding under paragraph
(a)(1) of this section, any entity that was eligible for and participated in
the auction for frequency block C, which began on December 18, 1995, or the
reauction for frequency block C, which began on July 3, 1996, will be
eligible to bid for C block licenses offered in closed bidding in any
reauction of frequency block C spectrum that begins within two years of
March 23, 1999.
(ii) In cases of merger, acquisition, or other business combination of
entities, where each of the entities is eligible to bid for C block licenses
offered in closed bidding in any reauction of C block spectrum on the basis
of the eligibility exception set forth in paragraph (a)(5)(i) of this
section, the resulting entity will also be eligible for the exception
specified in paragraph (a)(5)(i) of this section.
(iii) In cases of merger, acquisition, or other business combination of
entities, where one or more of the entities are ineligible for the exception
set forth in paragraph (a)(5)(i) of this section, the resulting entity will
not be eligible pursuant to paragraph (a)(5)(i) of this section unless an
eligible entity possesses de jure and de facto control over the resulting
entity.
(iv) The following restrictions will apply for any reauction of frequency
block C spectrum conducted after March 24, 1998:
(A) Applicants that elected to disaggregate and surrender to the Commission
15 MHz of spectrum from any or all of their frequency block C licenses, as
provided in Amendment of the Commission's Rules Regarding Installment
Payment Financing for Personal Communications Services (PCS) Licensees,
Second Report and Order and Further Notice of Proposed Rule Making, WT
Docket No. 97–82, 12 FCC Rcd 16,436 (1997), as modified by the Order on
Reconsideration of the Second Report and Order, WT Docket No. 97–82, FCC
98–46 (rel. Mar. 24, 1998), will not be eligible to apply for such
disaggregated spectrum until 2 years from the start of the reauction of that
spectrum.
(B) Applicants that surrendered to the Commission any of their frequency
block C licenses, as provided in Amendment of the Commission's Rules
Regarding Installment Payment Financing for Personal Communications Services
(PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule
Making, WT Docket No. 97–82, 12 FCC Rcd 16,436 (1997), as modified by the
Order on Reconsideration of the Second Report and Order, WT Docket No.
97–82, FCC 98–46 (rel. Mar. 24, 1998), will not be eligible to apply for the
licenses that they surrendered to the Commission until 2 years from the
start of the reauction of those licenses if they elected to apply a credit
of 70% of the down payment they made on those licenses toward the prepayment
of licenses they did not surrender.
(b) Exceptions to general rule —(1) Scope. The following provisions apply to
licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant to
§24.839(a)(2) or (a)(3) prior to October 30, 2000.
(i) Small business consortia. Where an applicant (or licensee) is a
consortium of small businesses, the gross revenues and total assets of each
small business shall not be aggregated.
(ii) Publicly-traded corporations. Where an applicant (or licensee) is a
publicly traded corporation with widely dispersed voting power, the gross
revenues and total assets of a person or entity that holds an interest in
the applicant (or licensee), and its affiliates, shall not be considered.
(iii) 25 Percent equity exception. The gross revenues and total assets of a
person or entity that holds an interest in the applicant (or licensee), and
its affiliates, shall not be considered so long as:
(A) Such person or entity, together with its affiliates, holds only
nonattributable equity equaling no more than 25 percent of the applicant's
(or licensee's) total equity;
(B) Except as provided in paragraph (b)(1)(v) of this section, such person
or entity is not a member of the applicant's (or licensee's) control group;
and
(C) The applicant (or licensee) has a control group that complies with the
minimum equity requirements of paragraph (b)(1)(v) of this section, and, if
the applicant (or licensee) is a corporation, owns at least 50.1 percent of
the applicant's (or licensee's) voting interests, and, if the applicant (or
licensee) is a partnership, holds all of its general partnership interests.
(iv) 49.9 Percent equity exception. The gross revenues and total assets of a
person or entity that holds an interest in the applicant (or licensee), and
its affiliates, shall not be considered so long as:
(A) Such person or entity, together with its affiliates, holds only
nonattributable equity equaling no more than 49.9 percent of the applicant's
(or licensee's) total equity;
(B) Except as provided in paragraph (b)(1)(vi) of this section, such person
or entity is not a member of the applicant's (or licensee's) control group;
and
(C) The applicant (or licensee) has a control group that complies with the
minimum equity requirements of paragraph (b)(1)(vi) of this section and, if
the applicant (or licensee) is a corporation, owns at least 50.1 percent of
the applicant's (or licensee's) voting interests, and, if the applicant (or
licensee) is a partnership, holds all of its general partnership interests.
(v) Control group minimum 25 percent equity requirement. In order to be
eligible to exclude gross revenues and total assets of persons or entities
identified in paragraph (b)(1)(iii) of this section, and applicant (or
licensee) must comply with the following requirements:
(A) Except for an applicant (or licensee) whose sole control group member is
a preexisting entity, as provided in paragraph (b)(1)(v)(B) of this section,
at the time the applicant's short-form application (Form 175) is filed and
until at least three years following the date of initial license grant, the
applicant's (or licensee's) control group must own at least 25 percent of
the applicant's (or licensee's) total equity as follows:
( 1 ) At least 15 percent of the applicant's (or licensee's) total equity
must be held by qualifying investors, either unconditionally or in the form
of options exercisable, at the option of the holder, at any time and at any
exercise price equal to or less than the market value at the time the
applicant files its short-form application (Form 175);
( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock
and all general partnership interests within the control group, and must
have de facto control of the control group and of the applicant;
( 3 ) The remaining 10 percent of the applicant's (or licensee's) total
equity may be owned, either unconditionally or in the form of stock options,
by any of the following entities, which may not comply with §24.720(g)(1):
( i ) Institutional Investors;
( ii ) Noncontrolling existing investors in any preexisting entity that is a
member of the control group;
( iii ) Individuals that are members of the applicant's (or licensee's)
management; or
( iv ) Qualifying investors, as specified in §24.720(g)(3).
( 4 ) Following termination of the three-year period specified in paragraph
(b)(1)(v)(A) of this section, qualifying investors must continue to own at
least 10 percent of the applicant's (or licensee's) total equity
unconditionally or in the form of stock options subject to the restrictions
in paragraph (b)(1)(v)(A)( 1 ) of this section. The restrictions specified
in paragraphs (b)(1)(v)(A)( 3 )( i ) through (b)(1)(v)(A)( 3 )( iv ) of this
section no longer apply to the remaining equity after termination of such
three-year period.
(B) At the election of an applicant (or licensee) whose control group's sole
member is a preexisting entity, the 25 percent minimum equity requirements
set forth in paragraph (b)(1)(v)(A) of this section shall apply, except that
only 10 percent of the applicant's (or licensee's) total equity must be held
in qualifying investors, and that the remaining 15 percent of the
applicant's (or licensee's) total equity may be held by qualifying
investors, or noncontrolling existing investors in such control group member
or individuals that are members of the applicant's (or licensee's)
management. These restrictions on the identity of the holder(s) of the
remaining 15 percent of the licensee's total equity no longer apply after
termination of the three-year period specified in paragraph (b)(1)(v)(A) of
this section.
(vi) Control group minimum 50.1 percent equity requirement. In order to be
eligible to exclude gross revenues and total assets of persons or entities
identified in paragraph (b)(1)(iv) of this section, an applicant (or
licensee) must comply with the following requirements:
(A) Except for an applicant (or licenses) whose sole control group member is
a preexisting entity, as provided in paragraph (b)(1)(vi)(B) of this
section, at the time the applicant's short-form application (Form 175) is
filed and until at least three years following the date of initial license
grant, the applicant's (or licensee's) control group must own at least 50.1
percent of the applicant's (or licensee's) total equity as follows:
( 1 ) At least 30 percent of the applicant's (or licensee's) total equity
must be held by qualifying investors, either unconditionally or in the form
of options, exercisable at the option of the holder, at any time and at any
exercise price equal to or less than the market value at the time the
applicant files its short-form application (Form 175);
( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock
and all general partnership interests within the control group and must have
de facto control of the control group and of the applicant;
( 3 ) The remaining 20.1 percent of the applicant's (or licensee's) total
equity may be owned by qualifying investors, either unconditionally or in
the form of stock options not subject to the restrictions of paragraph
(b)(1)(vi)(A)( 1 ) of this section, or by any of the following entities
which may not comply with §24.720(g)(1):
( i ) Institutional investors, either unconditionally or in the form of
stock options;
( ii ) Noncontrolling existing investors in any preexisting entity that is a
member of the control group, either unconditionally or in the form of stock
options;
( iii ) Individuals that are members of the applicant's (or licensee's)
management, either unconditionally or in the form of stock options; or
( iv ) Qualifying investors, as specified in §24.720(g)(3).
( 4 ) Following termination of the three-year period specified in paragraph
(b)(1)(vi)(A) of this section, qualifying investors must continue to own at
least 20 percent of the applicant's (or licensee's) total equity
unconditionally or in the form of stock options subject to the restrictions
in paragraph (b)(1)(vi)(A)( 1 ) of this section. The restrictions specified
in paragraph (b)(1)(vi)(A)( 3 )( i ) through (b)(1)(vi)(A)( 3 )( iv ) of
this section no longer apply to the remaining equity after termination of
such three-year period.
(B) At the election of an applicant (or licensee) whose control group's sole
member is a preexisting entity, the 50.1 percent minimum equity requirements
set forth in paragraph (b)(1)(vi)(A) of this section shall apply, except
that only 20 percent of the applicant's (or licensee's) total equity must be
held by qualifying investors, and that the remaining 30.1 percent of the
applicant's (or licensee's) total equity may be held by qualifying
investors, or noncontrolling existing investors in such control group member
or individuals that are members of the applicant's (or licensee's)
management. These restrictions on the identity of the holder(s) of the
remaining 30.1 percent of the licensee's total equity no longer apply after
termination of the three-year period specified in paragraph (b)(1)(vi)(A) of
this section.
(vii) Calculation of certain interests. Except as provided in paragraphs
(b)(1)(v) and (b)(1)(vi) of this section, ownership interests shall be
calculated on a fully diluted basis; all agreements such as warrants, stock
options and convertible debentures will generally be treated as if the
rights thereunder already have been fully exercised, except that such
agreements may not be used to appear to terminate or divest ownership
interests before they actually do so, in order to comply with the
nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and
(b)(1)(iv)(A) of this section.
(viii) Aggregation of affiliate interests. Persons or entities that hold
interest in an applicant (or licensee) that are affiliates of each other or
have an identify of interests identified in §1.2110(c)(5)(iii) will be
treated as though they were one person or entity and their ownership
interests aggregated for purposes of determining an applicant's (or
licensee's) compliance with the nonattributable equity requirements in
paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by individuals,
A, B, and C, each having an equal one-third voting interest in ABC Corp. A
and B together, with two-thirds of the stock have the power to control ABC
Corp. and have an identity of interest. If A & B invest in DE Corp., a
broadband PCS applicant for block C, A and B's separate interests in DE
Corp. must be aggregated because A and B are to be treated as one person.
Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC Corp.,
of which it holds a controlling 51 percent of the stock. If ABC Corp. and BC
Corp., both invest in DE Corp., their separate interests in DE Corp. must be
aggregated because ABC Corp. and BC Corp. are affiliates of each other.
(2) The following provisions apply to licenses acquired pursuant to
§24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition to the
eligibility requirements set forth at 24.709(a) and (b), applicants and/or
licensees seeking to acquire C and/or F block licenses pursuant to
24.839(a)(2) or (a)(3) will be subject to the controlling interest standard
in 1.2110(c)(2) of this chapter for purposes of determining unjust
enrichment payment obligations. See §1.2111 of this chapter.
(c) Short-form and long-form applications: Certifications and disclosure.
(1) Short-form application. In addition to certifications and disclosures
required by part 1, subpart Q of this chapter, each applicant to participate
in closed bidding for frequency block C or frequency block F shall certify
on its short-form application (Form 175) that it is eligible to bid on and
obtain such license(s), and (if applicable) that it is eligible for
designated entity status pursuant to this section and §24.720, and shall
append the following information as an exhibit to its Form 175:
(i) For all applicants: The applicant's gross revenues and total assets,
computed in accordance with paragraphs (a) of this section and §1.2110(b)(1)
through (b)(2) of this chapter.
(ii) For all applicants that participated in Auction Nos. 5, 10, 11, and/or
22:
(A) The identity of each member of the applicant's control group, regardless
of the size of each member's total interest in the applicant, and the
percentage and type of interest held;
(B) The status of each control group member that is an institutional
investor, an existing investor, and/or a member of the applicant's
management;
(C) The identity of each affiliate of the applicant and each affiliate of
individuals or entities identified pursuant to paragraphs (C)(1)(ii)(A) and
(c)(1)(ii)(B) of this section;
(D) A certification that the applicant's sole control group member is a
preexisting entity, if the applicant makes the election in either paragraph
(b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and
(E) For an applicant that is a publicly traded corporation with widely
disbursed voting power:
( 1 ) A certified statement that such applicant complies with the
requirements of the definition of publicly traded corporation with widely
disbursed voting power set forth in §24.720(f);
( 2 ) The identity of each affiliate of the applicant.
(iii) For each applicant claiming status as a small business consortium, the
information specified in paragraph (c)(1)(ii) of this section, for each
member of such consortium.
(2) Long-form application. In addition to the requirements in subpart I of
this part and other applicable rules (e.g., §§20.6(e) and 20.9(b) of this
chapter), each applicant submitting a long-form application for a license(s)
for frequency block C or F shall in an exhibit to its long-form application:
(i) Disclose separately and in the aggregate the gross revenues and total
assets, computed in accordance with paragraphs (a) and (b) of this section,
for each of the following: The applicant; the applicant's affiliates, the
applicant's control group members; the applicant's attributable investors;
and affiliates of its attributable investors;
(ii) List and summarize all agreements or other instruments (with
appropriate references to specific provisions in the text of such agreements
and instruments) that support the applicant's eligibility for a license(s)
for frequency block C or frequency block F and its eligibility under
§§24.711, 24.712, 24.714 and 24.720, including the establishment of de facto
and de jure control; such agreements and instruments include articles of
incorporation and bylaws, shareholder agreements, voting or other trust
agreements, partnership agreements, management agreements, joint marketing
agreements, franchise agreements, and any other relevant agreements
(including letters of intent), oral or written; and
(iii) List and summarize any investor protection agreements and identify
specifically any such provisions in those agreements identified pursuant to
paragraph (c)(2)(ii) of this section, including rights of first refusal,
supermajority clauses, options, veto rights, and rights to hire and fire
employees and to appoint members to boards of directors or management
committees.
(3) Records maintenance . All applicants, including those that are winning
bidders, shall maintain at their principal place of business an updated file
of ownership, revenue and asset information, including those documents
referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any
other documents necessary to establish eligibility under this section and
any other documents necessary to establish eligibility under this section or
under the definition of small business. Licensees (and their successors in
interest) shall maintain such files for the term of the license. Applicants
that do not obtain the license(s) for which they applied shall maintain such
files until the grant of such license(s) is final, or one year from the date
of the filing of their short-form application (Form 175), whichever is
earlier.
(d) Definitions . The terms control group, existing investor, institutional
investor, nonattributable equity, preexisting entity, publicly traded
corporation with widely dispersed voting power, qualifying investor, and
small business used in this section are defined in §24.720.
[ 67 FR 45368 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003]
§ 24.710 [Reserved]
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§ 24.711 Installment payments for licenses for frequency Block C.
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Installment payments. Each eligible licensee of frequency Block C may pay
the remaining 90 percent of the net auction price for the license in
installment payments pursuant to §1.2110(f) of this chapter and under the
following terms:
(a) For an eligible licensee with gross revenues exceeding $75 million
(calculated in accordance with §1.2110(n) of this chapter and §24.709(b)) in
each of the two preceding years (calculated in accordance with §1.2110(n) of
this chapter), interest shall be imposed based on the rate for ten-year U.S.
Treasury obligations applicable on the date the license is granted, plus 3.5
percent; payments shall include both principal and interest amortized over
the term of the license.
(b) For an eligible licensee with gross revenues not exceeding $75 million
(calculated in accordance with §1.2110(b) of this chapter and §24.709(b)) in
each of the two preceding years, interest shall be imposed based on the rate
for ten-year U.S. Treasury obligations applicable on the date the license is
granted, plus 2.5 percent; payments shall include interest only for the
first year and payments of interest and principal amortized over the
remaining nine years of the license term.
(c) For an eligible licensee that qualifies as a small business or as a
consortium of small businesses, interest shall be imposed based on the rate
for ten-year U.S. Treasury obligations applicable on the date the license is
granted; payments shall include interest only for the first six years and
payments of interest and principal amortized over the remaining four years
of the license term.
[ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003]
§ 24.712 Bidding credits for licenses won for frequency Block C.
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(a) Except with respect to licenses won in closed bidding in auctions that
begin after March 23, 1999, a winning bidder that qualifies as a small
business, as defined in §24.720(b)(1), or a consortium of small businesses
may use a bidding credit of fifteen percent, as specified in
§1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid.
(b) Except with respect to licenses won in closed bidding in auctions that
begin after March 23, 1999, a winning bidder that qualifies as a very small
business, as defined in §24.720(b)(2), or a consortium of very small
businesses may use a bidding credit of twenty-five percent as specified in
§1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid.
(c) Unjust enrichment. The unjust enrichment provisions of §1.2111(d) and
(e)(2) of this chapter shall not apply with respect to licenses acquired in
either the auction for frequency block C that began on December 18, 1995, or
the reauction of block C spectrum that began on July 3, 1996.
[ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003]
§ 24.713 [Reserved]
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§ 24.714 Partitioned licenses and disaggregated spectrum.
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(a) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request an authorization for partial assignment of a
license pursuant to §24.839.
(2) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband
PCS C and F block licenses not subject to the eligibility requirements of
§24.709 may apply to partition their licensed geographic service area or
disaggregate their licensed spectrum at any time following the grant of
their licenses.
(3) Broadband PCS licensees that acquired C or F block licenses in closed
bidding subject to the eligibility requirements of §24.709 may partition
their licensed geographic service area or disaggregate their licensed
spectrum at any time to an entity that meets the eligibility criteria set
forth in §24.709 at the time the request for partial assignment of license
is filed or to an entity that holds license(s) for frequency blocks C and F
that met the eligibility criteria set forth in §24.709 at the time of
receipt of such license(s). Partial assignment applications seeking
partitioning or disaggregation of broadband PCS licenses in spectrum blocks
C and F must include an attachment demonstrating compliance with this
section.
(b) Technical standards —(1) Partitioning. In the case of partitioning,
applicants and licensees must file FCC Form 603 pursuant to §1.948 of this
chapter and list the partitioned service area on a schedule to the
application. The geographic coordinates must be specified in degrees,
minutes, and seconds to the nearest second of latitude and longitude and
must be based upon the 1983 North American Datum (NAD83).
(2) Disaggregation. Spectrum may be disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will consider
requests for partial assignment of licenses that propose combinations of
partitioning and disaggregation.
(c) Installment payments —(1) Apportioning the balance on installment
payment plans. When a winning bidder elects to pay for its license through
an installment payment plan pursuant to §§1.2110(g) of this chapter or
24.716, and partitions its licensed area or disaggregates spectrum to
another party, the outstanding balance owed by the licensee on its
installment payment plan (including accrued and unpaid interest) shall be
apportioned between the licensee and partitionee or disaggregatee. Both
parties will be responsible for paying their proportionate share of the
outstanding balance to the U.S. Treasury. In the case of partitioning, the
balance shall be apportioned based upon the ratio of the population of the
partitioned area to the population of the entire original license area
calculated based upon the most recent census data. In the case of
disaggregation, the balance shall be apportioned based upon the ratio of the
amount of spectrum disaggregated to the amount of spectrum allocated to the
licensed area.
(2) Parties not qualified for installment payment plans. (i) When a winning
bidder elects to pay for its license through an installment payment plan,
and partitions its license or disaggregates spectrum to another party that
would not qualify for an installment payment plan or elects not to pay its
share of the license through installment payments, the outstanding balance
owed by the licensee (including accrued and unpaid interest shall be
apportioned according to §24.714(c)(1)).
(ii) The partitionee or disaggregatee shall, as a condition of the approval
of the partial assignment application, pay its entire pro rata amount within
30 days of Public Notice conditionally granting the partial assignment
application. Failure to meet this condition will result in a rescission of
the grant of the partial assignment application.
(iii) The licensee shall be permitted to continue to pay its pro rata share
of the outstanding balance and shall receive new financing documents
(promissory note, security agreement) with a revised payment obligation,
based on the remaining amount of time on the original installment payment
schedule. These financing documents will replace the licensee's existing
financing documents, which shall be marked “superseded” and returned to the
licensee upon receipt of the new financing documents. The original interest
rate, established pursuant to §1.2110(g)(3)(i) of this chapter at the time
of the grant of the initial license in the market, shall continue to be
applied to the licensee's portion of the remaining government obligation.
The Commission will require, as a further condition to approval of the
partial assignment application, that the licensee execute and return to the
U.S. Treasury the new financing documents within 30 days of the Public
Notice conditionally granting the partial assignment application. Failure to
meet this condition will result in the automatic cancellation of the grant
of the partial assignment application.
(iv) A default on the licensee's payment obligation will only affect the
licensee's portion of the market.
(3) Parties qualified for installment payment plans. (i) Where both parties
to a partitioning or disaggregation agreement qualify for installment
payments, the partitionee or disaggregatee will be permitted to make
installment payments on its portion of the remaining government obligations,
as calculated according to §24.714(c)(1).
(ii) Each party will be required, as a condition to approval of the partial
assignment application, to execute separate financing documents (promissory
note, security agreement) agreeing to pay their pro rata portion of the
balance due (including accrued and unpaid interest) based upon the
installment payment terms for which they qualify under the rules. The
financing documents must be returned to the U.S. Treasury within thirty (30)
days of the Public Notice conditionally granting the partial assignment
application. Failure by either party to meet this condition will result in
the automatic cancellation of the grant of the partial assignment
application. The interest rate, established pursuant to §1.2110(g)(3)(i) of
this chapter at the time of the grant of the initial license in the market,
shall continue to be applied to both parties' portion of the balance due.
Each party will receive a license for their portion of the partitioned
market or disaggregated spectrum.
(iii) A default on an obligation will only affect that portion of the market
area held by the defaulting party.
(iv) Partitionees and disaggregatees that qualify for installment payment
plans may elect to pay some of their pro rata portion of the balance due in
a lump sum payment to the U.S. Treasury and to pay the remaining portion of
the balance due pursuant to an installment payment plan.
(d) License term. The license term for a partitioned license area and for
disaggregated spectrum shall be the remainder of the original licensee's
license term as provided for in §24.15.
(e) Construction requirements —(1) Requirements for partitioning. Parties
seeking authority to partition must meet one of the following construction
requirements:
(i) The partitionee may certify that it will satisfy the applicable
construction requirements set forth in §24.203 for the partitioned license
area; or
(ii) The original licensee may certify that it has or will meet its
five-year construction requirement and will meet the ten-year construction
requirement, as set forth in §24.203, for the entire license area. In that
case, the partitionee must only satisfy the requirements for “substantial
service,” as set forth in §24.16(a), for the partitioned license area by the
end of the original ten-year license term of the licensee.
(iii) Applications requesting partial assignments of license for
partitioning must include a certification by each party as to which of the
above construction options they select.
(iv) Partitionees must submit supporting documents showing compliance with
the respective construction requirements within the appropriate five- and
ten-year construction benchmarks set forth in §24.203.
(v) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the partitioned or
disaggregated license without further Commission action.
(2) Requirements for disaggregation. Parties seeking authority to
disaggregate must submit with their partial assignment application a
certification signed by both parties stating which of the parties will be
responsible for meeting the five- and ten-year construction requirements for
the PCS market as set forth in §24.203. Parties may agree to share
responsibility for meeting the construction requirements. Parties that
accept responsibility for meeting the construction requirements and later
fail to do so will be subject to license forfeiture without further
Commission action.
[ 62 FR 661 , Jan. 6, 1997, as amended at 63 FR 68953 , Dec. 14, 1998; 65 FR 53638 , Sept. 5, 2000; 67 FR 45371 , July 9, 2002; 68 FR 42999 , July 21, 2003]
§ 24.716 Installment payments for licenses for frequency Block F.
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Installment Payments. Each eligible licensee of frequency Block F may pay
the remaining 80 percent of the net auction price for the license in
installment payments pursuant to §1.2110(g) of this chapter and under the
following terms:
(a) For an eligible licensee with gross revenues exceeding $75 million
(calculated in accordance with §1.2110(b) of this chapter and, when
applicable, §24.709(b)) in each of the two preceding years (calculated in
accordance with §1.2110(n) of this chapter), interest shall be imposed based
on the rate for ten-year U.S. Treasury obligations applicable on the date
the license is granted, plus 3.5 percent; payments shall include both
principal and interest amortized over the term of the license;
(b) For an eligible licensee with gross revenues not exceeding $75 million
(calculated in accordance with §1.2110(b) of this chapter and, when
applicable, §24.709(b)) in each of the two preceding years (calculated in
accordance with §1.2110(n) of this chapter), interest shall be imposed based
on the rate for ten-year U.S. Treasury obligations applicable on the date
the license is granted, plus 2.5 percent; payments shall include interest
only for the first year and payments of interest and principal amortized
over the remaining nine years of the license term; or
(c) For an eligible licensee that qualifies as a small business or as a
consortium of small businesses, interest shall be imposed based on the rate
for ten-year U.S. Treasury obligations applicable on the date the license is
granted; payments shall include interest only for the first two years and
payments of interest and principal amortized over the remaining eight years
of the license term.
[ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003]
§ 24.717 Bidding credits for licenses for frequency Block F.
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(a) Except with respect to licenses won in closed bidding in auctions that
begin after March 23, 1999, a winning bidder that qualifies as a small
business, as defined in §24.720(b)(1), or a consortium of small businesses
may use a bidding credit of fifteen percent, as specified in
§1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid.
(b) Except with respect to licenses won in closed bidding in auctions that
begin after March 23, 1999, a winning bidder that qualifies as a very small
business, as defined in §24.720(b)(2), or a consortium of very small
businesses may use a bidding credit of twenty-five percent as specified in
§1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid.
[ 68 FR 42999 , July 21, 2003]
§ 24.720 Definitions.
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(a) Scope. The definitions in this section apply to §§24.709 through 24.717,
unless otherwise specified in those sections.
(b) Small and very small business. (1) A small business is an entity that,
together with its affiliates and persons or entities that hold interest in
such entity and their affiliates , has average annual gross revenues that
are not more than $40 million for the preceding three years.
(2) A very small business is an entity that, together with its affiliates
and persons or entities that hold interests in such entity and their
affiliates, has average annual gross revenues that are not more than $15
million for the preceding three years.
(c) Institutional Investor. An institutional investor is an insurance
company, a bank holding stock in trust accounts through its trust
department, or an investment company as defined in 15 U.S.C. 80a–3(a),
including within such definition any entity that would otherwise meet the
definition of investment company under 15 U.S.C. 80a–3(a) but is excluded by
the exemptions set forth in 15 U.S.C. 80a–3(b) and (c), without regard to
whether such entity is an issuer of securities; provided that, if such
investment company is owned, in whole or in part, by other entities, such
investment company, such other entities and the affiliates of such other
entities, taken as a whole, must be primarily engaged in the business of
investing, reinvesting or trading in securities or in distributing or
providing investment management services for securities.
(d) Nonattributable Equity. (1) Nonattributable equity shall mean:
(i) For corporations, voting stock or non-voting stock that includes no more
than twenty-five percent of the total voting equity, including the right to
vote such stock through a voting trust or other arrangement;
(ii) For partnerships, joint ventures and other non-corporate entities,
limited partnership interests and similar interests that do not afford the
power to exercise control of the entity.
(2) For purposes of assessing compliance with the equity limits in §§24.709
(b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests are not held directly
in the applicant, the total equity held by a person or entity shall be
determined by successive multiplication of the ownership percentages for
each link in the vertical ownership chain.
(e) Control Group. A control group is an entity, or a group of individuals
or entities, that possesses de jure control and de facto control of an
applicant or licensee, and as to which the applicant's or licensee's
charters, bylaws, agreements and any other relevant documents (and
amendments thereto) provide:
(1) That the entity and/or its members own unconditionally at least 50.1
percent of the total voting interests of a corporation;
(2) That the entity and/or its members receive at least 50.1 percent of the
annual distribution or any dividends paid on the voting stock of a
corporation;
(3) That, in the event of dissolution or liquidation of a corporation, the
entity and/or its members are entitled to receive 100 percent of the value
of each share of stock in its possession and a percentage of the retained
earnings of the concern that is equivalent to the amount of equity held in
the corporation; and
(4) That, for other types of businesses, the entity and/or its members have
the right to receive dividends, profits and regular and liquidating
distributions from the business in proportion to the amount of equity held
in the business.
Note to paragraph(e): Voting control does not always assure de facto
control, such as for example, when the voting stock of the control group is
widely dispersed (see e.g., §1.2110(c)(5)(ii)(C) of this chapter).
(f) Publicly Traded Corporation with Widely Dispersed Voting Power. A
publicly traded corporation with widely dispersed voting power is a business
entity organized under the laws of the United States:
(1) Whose shares, debt, or other ownership interests are traded on an
organized securities exchange within the United States;
(2) In which no person:
(i) Owns more than 15 percent of the equity; or
(ii) Possesses, directly or indirectly, through the ownership of voting
securities, by contract or otherwise, the power to control the election of
more than 15 percent of the members of the board of directors or other
governing body of such publicly traded corporation; and
(3) Over which no person other than the management and members of the board
of directors or other governing body of such publicly traded corporation, in
their capacities as such, has de facto control.
(4) The term person shall be defined as in section 13(d) of the Securities
and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and shall also
include investors that are commonly controlled under the indicia of control
set forth in the definition of affiliate in §1.2110(c)(5) of the
Commission's rules.
(g) Qualifying investor . (1) A qualifying investor is a person who is (or
holds an interest in) a member of the applicant's (or licensee's) control
group and whose gross revenues and total assets, when aggregated with those
of all other attributable investors and affiliates, do not exceed the gross
revenues and total assets limits specified in §24.709(a), or, in the case of
an applicant (or licensee) that is a small business, do not exceed the gross
revenues limit specified in paragraph (b) of this section.
(2) For purposes of assessing compliance with the minimum equity
requirements of §24.709(b)(1)(v) and (b)(1)(vi), where such equity interests
are not held directly in the applicant, interests held by qualifying
investors shall be determined by successive multiplication of the ownership
percentages for each link in the vertical ownership chain.
(3) For purposes of §24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), a
qualifying investor is a person who is (or holds an interest in) a member of
the applicant's (or licensee's) control group and whose gross revenues and
total assets do not exceed the gross revenues and total assets limits
specified in §24.709(a).
(h) Preexisting entity; Existing investor. A preexisting entity is an entity
that was operating and earning revenues for at least two years prior to
December 31, 1994. An existing investor is a person or entity that was an
owner of record of a preexisting entity's equity as of November 10, 1994,
and any person or entity acquiring de minimis equity holdings in a
preexisting entity after that date.
Note to paragraph(h): In applying the term existing investor to de minimis
interests in preexisting entities obtained or increased after November 10,
1994, the Commission will scrutinize any significant restructuring of the
preexisting entity that occurs after that date and will presume that any
change of equity that is five percent or less of the preexisting entity's
total equity is de minimis. The burden is on the applicant (or licensee) to
demonstrate that changes that exceed five percent are not significant.
[ 67 FR 45372 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003; 68 FR 57829 , Oct. 7, 2003]
Subpart I—Interim Application, Licensing, and Processing Rules for Broadband
PCS
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Source: 59 FR 37610 , July 22, 1994, unless otherwise noted.
§§ 24.801-24.803 [Reserved]
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§ 24.804 Eligibility.
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(a) General. Authorizations will be granted upon proper application if:
(1) The applicant is qualified under all applicable laws and Commission
regulations, policies and decisions;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a
grant.
(b) Alien ownership. A broadband PCS authorization to provide Commercial
Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign government.
(3) Any corporation of which more than one-fifth of the capital stock is
owned of record or voted by aliens or their representatives or by a foreign
government or representative thereof or any corporation organized under the
laws of another country.
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned of
record or voted by aliens, their representatives, or by a foreign government
or representative thereof, or by any corporation organized under the laws of
a foreign country, if the Commission finds that the public interest will be
served by the refusal or revocation of such a license.
(c) A broadband PCS authorization to provide Private Mobile Radio Service
may not be granted to or held by a foreign government or a representative
thereof.
[ 59 FR 37610 , July 22, 1994, as amended at 61 FR 55581 , Oct. 28, 1996]
§§ 24.805-24.814 [Reserved]
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§ 24.815 Technical content of applications; maintenance of list of station
locations.
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(a) All applications required by this part shall contain all technical
information required by the application forms or associated Public
Notice(s). Applications other than initial applications for a broadband PCS
license must also comply with all technical requirements of the rules
governing the broadband PC ( see subparts C and E of this part as
appropriate). The following paragraphs describe a number of general
technical requirements.
(b) Each application (except applications for initial licenses filed on Form
175) for a license for broadband PCS must comply with the provisions of
§§24.229–24.238 of the Commission's Rules.
(c)–(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to be the
station location. Broadband PCS licensees must maintain a current list of
all station locations, which must describe the transmitting antenna site by
its geographical coordinates and also by conventional reference to street
number, landmark, or the equivalent. All such coordinates shall be specified
in terms of degrees, minutes, and seconds to the nearest second of latitude
and longitude.
§§ 24.816-24.829 [Reserved]
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§ 24.830 Opposition to applications.
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(a) Petitions to deny (including petitions for other forms of relief) and
responsive pleadings for Commission consideration must comply with §1.2108
of this chapter and must:
(1) Identify the application or applications (including applicant's name,
station location, Commission file numbers and radio service involved) with
which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing periods,
and other applicable provisions of §§1.41 through 1.52 of this chapter
except where otherwise provided in §1.2108 of this chapter;
(3) Contain specific allegations of fact which, except for facts of which
official notice may be taken, shall be supported by affidavit of a person or
persons with personal knowledge thereof, and which shall be sufficient to
demonstrate that the petitioner (or respondent) is a party in interest and
that a grant of, or other Commission action regarding, the application would
be prima facie inconsistent with the public interest;
(4) Be filed within thirty (30) days after the date of public notice
announcing the acceptance for filing of any such application or major
amendment thereto (unless the Commission otherwise extends the filing
deadline); and
(5) Contain a certificate of service showing that it has been mailed to the
applicant no later than the date of filing thereof with the Commission.
(b) A petition to deny a major amendment to a previously-filed application
may only raise matters directly related to the amendment which could not
have been raised in connection with the underlying previously-filed
application. This subsection does not apply, however, to petitioners who
gain standing because of the major amendment.
§ 24.831 Mutually exclusive applications.
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(a) The Commission will consider applications for broadband PCS licenses to
be mutually exclusive if they relate to the same geographical boundaries
(MTA or BTA) and are timely filed for the same frequency block.
(b) Mutually exclusive applications filed on Form 175 for the initial
provision of broadband PCS are subject to competitive bidding in accordance
with the procedures in subpart H of this part and in part 1, subpart Q of
this chapter.
(c) An application will be entitled to comparative consideration with one or
more conflicting applications only if the Commission determines that such
comparative consideration will serve the public interest.
(d)–(j) [Reserved]
§ 24.832 [Reserved]
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§ 24.833 Post-auction divestitures.
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Any parties sharing a common non-controlling ownership interest who
aggregate more PCS spectrum among them than a single entity is entitled to
hold ( See §§20.6(e), 24.710, 24.204, 24.229(c) of this chapter) will be
permitted to divest sufficient properties within 90 days of the license
grant to come into compliance with the spectrum aggregation limits as
follows:
(a) The broadband PCS applicant shall submit a signed statement with its
long-form application stating that sufficient properties will be divested
within 90 days of the license grant. If the licensee is otherwise qualified,
the Commission will grant the applications subject to a condition that the
licensee come into compliance with the PCS spectrum aggregation limits
within 90 days of grant.
(b) Within 90 days of license grant, the licensee must certify that the
applicant and all parties to the application have come into compliance with
the PCS spectrum aggregation limits. If the licensee fails to submit the
certification within 90 days, the Commission will immediately cancel all
broadband PCS licenses won by the applicant, impose the default penalty and,
based on the facts presented, take any other action it may deem appropriate.
Divestiture may be to an interim trustee if a buyer has not been secured in
the required time frame, as long as the applicant has no interest in or
control of the trustee, and the trustee may dispose of the property as it
sees fit. In no event may the trustee retain the property for longer than
six months from grant of license.
[ 59 FR 53371 , Oct. 24, 1994]
§§ 24.834-24.838 [Reserved]
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§ 24.839 Transfer of control or assignment of license.
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(a) Restrictions on Assignments and Transfers of Licenses for Frequency
Blocks C and F won in closed bidding. No assignment or transfer of control
of a license for frequency Block C or frequency Block F won in closed
bidding pursuant to the eligibility requirements of §24.709 will be granted
unless:
(1) The application for assignment or transfer of control is filed after
five years from the date of the initial license grant; or
(2) The proposed assignee or transferee meets the eligibility criteria set
forth in §24.709 of this part at the time the application for assignment or
transfer of control is filed, or the proposed assignee or transferee holds
other license(s) for frequency blocks C and F and, at the time of receipt of
such license(s), met the eligibility criteria set forth in §24.709 of this
part; or
(3) The application is for partial assignment of a partitioned service area
to a rural telephone company pursuant to §24.714 of this part and the
proposed assignee meets the eligibility criteria set forth in §24.709 of
this part; or
(4) The application is for an involuntary assignment or transfer of control
to a bankruptcy trustee appointed under involuntary bankruptcy, an
independent receiver appointed by a court of competent jurisdiction in a
foreclosure action, or, in the event of death or disability, to a person or
entity legally qualified to succeed the deceased or disabled person under
the laws of the place having jurisdiction over the estate involved; provided
that, the applicant requests a waiver pursuant to this paragraph; or
(5) The assignment or transfer of control is pro forma; or
(6) The application for assignment or transfer of control is filed on or
after the date the licensee has notified the Commission pursuant to
§24.203(c) that its five-year construction requirement has been satisfied.
(b) If the assignment or transfer of control of a license is approved, the
assignee or transferee is subject to the original construction requirement
of §24.203 of this part.
[ 63 FR 68953 , Dec. 14, 1998; as amended at 65 FR 53638 , Sept. 5, 2000]
§§ 24.840-24.844 [Reserved]
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