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FCC 47cfr80.pdf.27
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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

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                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
   ___________________________________

   Section Contents
   
                       Subpart A—General Information

   § 27.1   Basis and purpose.
   § 27.2   Permissible communications.
   § 27.3   Other applicable rule parts.
   § 27.4   Terms and definitions.
   § 27.5   Frequencies.
   § 27.6   Service areas.
   
                    Subpart B—Applications and Licenses

   § 27.10   Regulatory status.
   § 27.11   Initial authorization.
   § 27.12   Eligibility.
   § 27.13   License period.
   § 27.14   Construction requirements; Criteria for renewal.
   § 27.15   Geographic partitioning and spectrum disaggregation.
   § 27.16   xxx
   
                       Subpart C—Technical Standards

   § 27.50   Power and antenna height limits.
   § 27.51   Equipment authorization.
   § 27.52   RF safety.
   § 27.53   Emission limits.
   § 27.54   Frequency stability.
   § 27.55   Signal strength limits.
   § 27.56   Antenna structures; air navigation safety.
   § 27.57   International coordination.
   § 27.58   Interference to BRS/EBS receivers.
   § 27.59   [Reserved]
   § 27.60   TV/DTV interference protection criteria.
   §§ 27.61-27.62   [Reserved]
   § 27.63   Disturbance of AM broadcast station antenna patterns.
   § 27.64   Protection from interference.
   § 27.66   Discontinuance, reduction, or impairment of service.
   § 27.70   Information exchange.
   
Subpart D—Competitive Bidding Procedures for the 2305–2320 MHz and 2345–2360
                                 MHz Bands

   § 27.201   WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to
   competitive bidding.
   §§ 27.202-27.208   [Reserved]
   § 27.209   Designated entities; bidding credits; unjust enrichment.
   § 27.210   Definitions
   
       Subpart E—Application, Licensing, and Processing Rules for WCS

   § 27.301   [Reserved]
   § 27.302   Eligibility.
   § 27.303   Upper 700 MHz commercial and public safety coordination zone.
   §§ 27.304-27.307   [Reserved]
   § 27.308   Technical content of applications.
   §§ 27.310-27.320   [Reserved]
   § 27.321   Mutually exclusive applications.
   §§ 27.322-27.325   [Reserved]
   
     Subpart F—Competitive Bidding Procedures for the 698–806 MHz Band

   § 27.501   746–764 MHz and 776–794 MHz bands subject to competitive bidding.
   § 27.502   Designated entities.
   
  Subpart G—Guard Band Service (746–747/776–777 MHz and 762–764/792–794 MHz
                                   Bands)

   § 27.601   Authority and coordination requirements.
   § 27.602   Lease agreements.
   § 27.604   Limitation on licenses won at auction.
   § 27.607   Performance requirements and annual reporting requirement.
   
     Subpart H—Competitive Bidding Procedures for the 698–746 MHz Band

   § 27.701   698–746 MHz bands subject to competitive bidding.
   § 27.702   Designated entities.
   
                           Subpart I—1.4 GHz Band

   § 27.801   Scope.
   § 27.802   Permissible communications.
   § 27.803   Coordination requirements.
   § 27.804   Field strength limits at WMTS facility.
   § 27.805   Geographic partitioning and spectrum disaggregation.
   § 27.806   1.4 GHz service licenses subject to competitive bidding.
   § 27.807   Designated entities.
   
                        Subpart J—1670–1675 MHz Band

   § 27.901   Scope.
   § 27.902   Permissible communications.
   § 27.903   Coordination requirements.
   § 27.904   Geographic partitioning and spectrum disaggregation.
   § 27.905   1670–1675 MHz service licenses subject to competitive bidding.
   § 27.906   Designated entities.
   
                            Subpart K [Reserved]

        Subpart L—1710–1755 MHz, 2110–2155 MHz, 2160–2180 MHz Bands

   Licensing and Competitive Bidding Provisions
   § 27.1101   1710–1755 MHz and 2110–2155 MHz bands subject to competitive
   bidding.
   § 27.1102   Designated Entities in the 1710–1755 MHz and 2110–2155 MHz
   bands.
   Relocation of Incumbents
   § 27.1111   Relocation of fixed microwave service licensees in the 2110–2150
   MHz band.
   Protection of Incumbent Operations
   § 27.1131   Protection of Part 101 operations.
   § 27.1132   Protection of incumbent operations in the 2150–2160/62 MHz band.
   § 27.1133   Protection of Part 74 and Part 78 operations.
   § 27.1134   Protection of Federal Government operations.
   § 27.1135   Protection of non-Federal Government Meteorological-Satellite
   operations.
   Cost-Sharing Policies Governing Microwave Relocation From the 2110–2150 MHz
   and 2160–2200 MHz Bands
   § 27.1160   Cost-sharing requirements for AWS.
   § 27.1162   Administration of the Cost-Sharing Plan.
   § 27.1164   The cost-sharing formula.
   § 27.1166   Reimbursement under the Cost-Sharing Plan.
   § 27.1168   Triggering a Reimbursement Obligation.
   § 27.1170   Payment Issues.
   § 27.1172   Dispute Resolution Under the Cost-Sharing Plan.
   § 27.1174   Termination of Cost-Sharing Obligations.
   Cost-Sharing Policies Governing Broadband Radio Service Relocation From the
   2150–2160/62 MHz Band
   § 27.1176   Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.
   § 27.1178   Administration of the Cost-Sharing Plan.
   § 27.1180   The cost-sharing formula.
   § 27.1182   Reimbursement under the Cost-Sharing Plan.
   § 27.1184   Triggering a reimbursement obligation.
   § 27.1186   Payment issues.
   § 27.1188   Dispute resolution under the Cost-Sharing Plan.
   § 27.1190   Termination of cost-sharing obligations.
   
    Subpart M—Broadband Radio Service and Educational Broadband Service

   § 27.1200   Change to BRS and EBS.
   § 27.1201   EBS eligibility.
   § 27.1202   Cable/BRS cross-ownership.
   § 27.1203   EBS programming requirements.
   § 27.1206   Geographic Service Area.
   § 27.1207   BTA license authorization.
   § 27.1208   Service areas.
   § 27.1209   Conversion of incumbent EBS and BRS stations to geographic area
   licensing.
   § 27.1210   Remote control operation.
   § 27.1211   Unattended operation.
   § 27.1212   License term.
   § 27.1213   Designated entity provisions for BRS in Commission auctions
   commencing prior to January 1, 2004.
   § 27.1214   EBS spectrum leasing arrangements and grandfathered leases.
   § 27.1215   BRS grandfathered leases.
   § 27.1216   Grandfathered E and F group EBS licenses.
   Technical Standards
   § 27.1220   Transmission standards.
   § 27.1221   Interference protection.
   § 27.1222   Operations in the 2568–2572 and 2614–2618 bands.
   Policies Governing the Transition of the 2500–2690 MHz Band for BRS and EBS
   § 27.1230   Conversion of the 2500–2690 MHz band.
   § 27.1231   Initiating the transition.
   § 27.1232   Planning the transition.
   § 27.1233   Reimbursement costs of transitioning.
   § 27.1234   Terminating existing operations in transitioned markets.
   § 27.1235   Post-transition notification.
   § 27.1236   Self-transitions.
   § 27.1237   Pro rata allocation of transition costs.
   § 27.1238   Eligible costs.
   § 27.1239   Reimbursement obligation.
   Relocation Procedures for the 2150–2160/62 MHz Band
   § 27.1250   Transition of the 2150–2160/62 MHz band from the Broadband Radio
   Service to the Advanced Wireless Service.
   § 27.1251   Mandatory Negotiations.
   § 27.1252   Involuntary Relocation Procedures.
   § 27.1253   Sunset Provisions.
   § 27.1254   Eligibility.
   § 27.1255   Relocation Criteria for Broadband Radio Service Licensees in the
   2150–2160/62 MHz band.
   
                               Subpart N—xxx

          
   ___________________________________

   Authority:   47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337
   unless otherwise noted.

   Source:    62 FR 9658 , Mar. 3, 1997, unless otherwise noted.

Subpart A—General Information

   top

§ 27.1   Basis and purpose.

   top

   Link to an amendment published at  72 FR 48843 , Aug. 24, 2007.

   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 miscellaneous wireless communications services
   (WCS)  in  this  part  are  promulgated  under  the  provisions of the
   Communications Act of 1934, as amended, that vest 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 spectrum is made
   available and licensed for the provision of wireless communications services
   in the following bands.

   (1) 2305–2320 MHz and 2345–2360 MHz.

   (2) 746–764 MHz and 776–794 MHz.

   (3) 698–746 MHz.

   (4) 1390–1392 MHz.

   (5) 1392–1395 MHz and 1432–1435 MHz.

   (6) 1670–1675 MHz.

   (7) [Reserved]

   (8) 1710–1755 MHz and 2110–2155 MHz.

   (9) 2495–2690 MHz.

   (c) Scope. The rules in this part apply only to stations authorized under
   this part.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3144 , Jan. 20, 2000;  65 FR 17601 , Apr. 4, 2000;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June 20, 2002;
    69 FR 5714 , Feb. 6, 2004;  69 FR 72031 , Dec. 10, 2004;  69 FR 77949 , Dec. 29,
   2004]

§ 27.2   Permissible communications.

   top

   Link to an amendment published at  72 FR 48843 , Aug. 24, 2007.

   (a) Miscellaneous wireless communications services. Except as provided in
   paragraph (b) of this section and subject to technical and other rules
   contained in this part, a licensee in the frequency bands specified in §27.5
   may provide any services for which its frequency bands are allocated, as set
   forth in the non-Federal Government column of the Table of Allocations in
   §2.106 of this chapter (column 5).

   (b) 746–747 MHz, 776–777 MHz, 762–764 MHz and 792–794 MHz bands. Operators
   in the 746–747 MHz, 776–777 MHz, 762–764 MHz and 792–794 MHz bands may not
   employ a cellular system architecture. A cellular system architecture is
   defined, for purposes of this part, as one that consists of many small areas
   or cells (segmented from a larger geographic service area), each of which
   uses its own base station, to enable frequencies to be reused at relatively
   short distances.

   (c) Satellite DARS. Satellite digital audio radio service (DARS) may be
   provided using the 2310–2320 and 2345–2360 MHz bands. Satellite DARS service
   shall be provided in a manner consistent with part 25 of this chapter.

   [ 65 FR 3144 , Jan. 20, 2000, as amended at  65 FR 17601 , Apr. 4, 2000]

§ 27.3   Other applicable rule parts.

   top

   Other FCC rule parts applicable to the Wireless Communications Service
   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;  competitive bidding procedures; 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 sets forth the requirements and conditions applicable
   to certain radio frequency devices.

   (f) Part 17. This part contains requirements for construction, marking and
   lighting of antenna towers.

   (g) Part 20. This part sets forth the requirements and conditions applicable
   to commercial mobile radio service providers.

   (h) Part 22. This part sets forth the requirements and conditions applicable
   to public mobile services.

   (i) Part 24. This part sets forth the requirements and conditions applicable
   to personal communications services.

   (j)  Part  25.  This  part  contains  the  requirements  for satellite
   communications, including satellite DARS.

   (k)  Part  51. This part contains general duties of telecommunications
   carriers  to provide for interconnection with other telecommunications
   carriers.

   (l) Part 64. This part sets forth the requirements and conditions applicable
   to telecommunications carriers under the Communications Assistance for Law
   Enforcement Act.

   (m)  Part 68. This part contains technical standards for connection of
   terminal equipment to the telephone network.

   (n) Part 73. This part sets forth the requirements and conditions applicable
   to radio broadcast services.

   (o)  Part  74  .  This part sets forth the requirements and conditions
   applicable to experimental radio, auxiliary, special broadcast and other
   program distributional services.

   (p) Part 90. This part sets forth the requirements and conditions applicable
   to private land mobile radio services.

   (q)  Part  101.  This  part sets forth the requirements and conditions
   applicable to fixed microwave services.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3144 , Jan. 20, 2000;  67 FR 5510 , Feb. 6, 2002;  69 FR 5714 , Feb. 6, 2004;  69 FR 72031 , Dec. 10, 2004;  70 FR 61059 , Oct. 20, 2005]

§ 27.4   Terms and definitions.

   top

   Link to an amendment published at  72 FR 48843 , Aug. 24, 2007.

   Advanced wireless service (AWS). A radiocommunication service licensed
   pursuant to this part for the frequency bands specified in §27.5(h).

   Affiliate. This term shall have the same meaning as that for “affiliate” in
   part 1, §1.2110(b)(5) of this chapter.

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

   Attended operation. Operation of a station by a designated person on duty at
   the place where the transmitting apparatus is located with the transmitter
   in the person's plain view.

   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.

   Booster service area. A geographic area to be designated by an applicant for
   a booster station, within which the booster station shall be entitled to
   protection against interference as set forth in this part. The booster
   service area must be specified by the applicant so as not to overlap the
   booster service area of any other booster authorized to or proposed by the
   applicant. However, a booster station may provide service to receive sites
   outside of its booster service area, at the licensee's risk of interference.
   The booster station must be capable of providing substantial service within
   the designated booster service area.

   Broadband Radio Service (BRS). A radio service using certain frequencies in
   the 2150–2162 and 2496–2690 MHz bands which can be used to provide fixed and
   mobile services, except for aeronautical services.

   Broadcast  services. This term shall have the same meaning as that for
   “broadcasting” in section 3(6) of the Communications Act of 1934, i.e., “the
   dissemination of radio communications intended to be received by the public,
   directly or by the intermediary of relay stations.” 47 U.S.C. 153(6).

   Commercial EBS licensee. A licensee authorized to operate on EBS channels
   pursuant to the provisions of §27.1201(c) contained in the edition of 47 CFR
   parts 20 to 39, revised as of October 1, 2005, or §§74.990 through 74.992
   contained in the edition of 47 CFR parts 70 to 79, revised as of October 1,
   2004, of this chapter, and that does not meet the eligibility requirements
   of §27.1201(a).

   Documented  complaint.  A  complaint  that  a  party is suffering from
   non-consensual  interference.  A  documented  complaint must contain a
   certification  that  the complainant has contacted the operator of the
   allegedly offending facility and tried to resolve the situation prior to
   filing. The complaint must then specify the nature of the interference,
   whether the interference is constant or intermittent, when the interference
   began  and the site(s) most likely to be causing the interference. The
   complaint should be accompanied by a videotape or other evidence showing the
   effects of the interference. The complaint must contain a motion for a
   temporary order to have the interfering station cease transmitting. The
   complaint  must be filed with the Secretary's office and served on the
   allegedly offending party.

   Educational  Broadband  Service  (EBS). A fixed or mobile service, the
   licensees of which are educational institutions or non-profit educational
   organizations,  and  intended  primarily  for  video,  data,  or voice
   transmissions of instructional, cultural, and other types of educational
   material to one or more receiving locations.

   Effective Radiated Power (ERP) (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 (EIRP). 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 radio communication 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.

   Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of channels
   in the frequencies 2496–2572 MHz.

   Middle  Band  Segment (MBS). Segment of the BRS/EBS band consisting of
   channels in the frequencies 2572–2614 MHz.

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

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

   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)

   Point-to-point Broadband station. A Broadband station that transmits a
   highly directional signal from a fixed transmitter location to a fixed
   receive location.

   Portable device . Transmitters designed to be used within 20 centimeters of
   the body of the user.

   Radiodetermination. The determination of the position, velocity and/or other
   characteristics of an object, or the obtaining of information relating to
   these parameters, by means of the propagation properties of radio waves.

   Radiolocation. Radiodetermination used for purposes other than those of
   radionavigation.

   Radiolocation land station . A station in the radiolocation service not
   intended to be used while in motion.

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

   Radionavigation. Radiodetermination used for the purpose of navigation,
   including obstruction warning.

   Remote control. Operation of a station by a designated person at a control
   position  from which the transmitter is not visible but where suitable
   control and telemetering circuits are provided which allow the performance
   of the essential functions that could be performed at the transmitter.

   Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication
   service in which compact disc quality programming is digitally transmitted
   by one or more space stations.

   Sectorization.  The use of an antenna system at any broadband station,
   booster  station  and/or  response  station  hub  that  is  capable of
   simultaneously transmitting multiple signals over the same frequencies to
   different portions of the service area and/or simultaneously receiving
   multiple signals over the same frequencies from different portions of the
   service area.

   Studio to transmitter link (STL). A directional path used to transmit a
   signal from a station's studio to its transmitter.

   Temporary  fixed  broadband  station. A broadband station used for the
   transmission of material from temporary unspecified points to a broadband
   station.

   Time division multiple access (TDMA) . A multiple access technique whereby
   users  share  a  transmission  medium  by  being  assigned  and  using
   (one-at-a-time) for a limited number of time division mulitplexed channels;
   implies that several transmitters use one channel for sending several bit
   streams.

   Time division multiplexing (TDM) . A multiplexing technique whereby two or
   more channels are derived from a transmission medium by dividing access to
   the medium into sequential intervals. Each channel has access to the entire
   bandwidth  of  the  medium  during its interval. This implies that one
   transmitter uses one channel to send several bit streams of information.

   Unattended operation. Operation of a station by automatic means whereby the
   transmitter  is  turned  on and off and performs its functions without
   attention by a designated person.

   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.

   Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of channels
   in the frequencies 2614–2690 MHz

   Wireless communications service. A radiocommunication service licensed
   pursuant to this part for the frequency bands specified in §27.5.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  62 FR 16497 , Apr. 7, 1997;  63 FR 68954 , Dec. 14, 1998;  65 FR 3145 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;
    67 FR 41854 , June 20, 2002;  68 FR 66286 , Nov. 25, 2003;  69 FR 5714 , Feb. 6,
   2004;  69 FR 72031 , Dec. 10, 2004;  71 FR 35189 , June 19, 2006;  72 FR 27709 ,
   May 16, 2007]

§ 27.5   Frequencies.

   top

   Link to an amendment published at  72 FR 48844 , Aug. 24, 2007.

   (a) 2305–2320 MHz and 2345–2360 MHz bands. The following frequencies are
   available for WCS in the 2305–2320 MHz and 2345–2360 MHz bands:

   (1)  Two paired channel blocks are available for assignment on a Major
   Economic Area basis as follows:

   Block A: 2305–2310 and 2350–2355 MHz; and

   Block B: 2310–2315 and 2355–2360 MHz.

   (2) Two unpaired channel blocks are available for assignment on a Regional
   Economic Area Grouping basis as follows:

   Block C: 2315–2320 MHz; and

   Block D: 2345–2350 MHz.

   (b)  746–764  MHz and 776–794 MHz bands. The following frequencies are
   available for licensing pursuant to this part in the 746–764 MHz and 776–794
   MHz bands:

   (1) Two paired channels of 1 megahertz each are available for assignment
   solely to Guard band managers. Block A: 746–747 MHz and 776–777 MHz.

   (2) Two paired channels of 2 megahertz each are available for assignment
   solely to Guard band managers. Block B: 762–764 MHz and 792–794 MHz.

   (3) Two paired channels of 5 megahertz each are available for assignment.
   Block C: 747–752 MHz and 777–782 MHz.

   (4) Two paired channels of 10 megahertz each are available for assignment.
   Block D: 752–762 MHz and 782–792 MHz.

   (c) 698–746 MHz band. The following frequencies are available for licensing
   pursuant to this part in the 698–746 MHz band:

   (1) Three paired channel blocks of 12 megahertz each are available for
   assignment as follows:

   Block A: 698–704 MHz and 728–734 MHz;

   Block B: 704–710 MHz and 734–740 MHz; and

   Block C: 710–716 MHz and 740–746 MHz.

   (2)  Two unpaired channel blocks of 6 megahertz each are available for
   assignment as follows:

   Block D: 716–722 MHz; and

   Block E: 722–728 MHz.

   (d) 1390–1392 MHz band. The 1390–1392 MHz band is available for assignment
   on a Major Economic Area basis.

   (e) The paired 1392–1395 and 1432–1435 MHz bands. The paired 1392–1395 MHz
   and 1432–1435 MHz bands are available for assignment on an Economic Area
   Grouping basis as follows: Block A: 1392–1393.5 MHz and 1432–1433.5 MHz; and
   Block B: 1393.5–1395 MHz and 1433.5–1435 MHz.

   (f) 1670–1675 MHz band. The 1670–1675 MHz band is available for assignment
   on a nationwide basis.

   (g) [Reserved]

   (h) 1710–1755 MHz and 2110–2155 MHz bands. The following frequencies are
   available for licensing pursuant to this part in the 1710–1755 MHz and
   2110–2155 MHz bands:

   (1) Three paired channel blocks of 10 megahertz each are available for
   assignment as follows:

   Block A: 1710–1720 MHz and 2110–2120 MHz;

   Block B: 1720–1730 MHz and 2120–2130 MHz; and

   Block F: 1745–1755 MHz and 2145–2155 MHz.

   (2)  Three paired channel blocks of 5 megahertz each are available for
   assignment as follows:

   Block C: 1730–1735 MHz and 2130–2135 MHz;

   Block D: 1735–1740 MHz and 2135–2140 MHz; and

   Block E: 1740–1745 MHz and 2140–2145 MHz.

   (i) Frequency assignments for the BRS/EBS band. (1) Pre-transition frequency
   assignments.

   RS Channel 1: 2150–2156 MHz or 2496–2500 MHz

   BRS Channel 2: 2156–2162 MHz or 2686–2690 MHz

   BRS Channel 2A: 2156–2160 MHz

   EBS Channel A1: 2500–2506 MHz

   EBS Channel B1: 2506–2512 MHz

   EBS Channel A2: 2512–2518 MHz

   EBS Channel B2: 2518–2524 MHz

   EBS Channel A3: 2524–2530 MHz

   EBS Channel B3: 2530–2536 MHz

   EBS Channel A4: 2536–2542 MHz

   EBS Channel B4: 2542–2548 MHz

   EBS Channel C1: 2548–2554 MHz

   EBS Channel D1: 2554–2560 MHz

   EBS Channel C2: 2560–2566 MHz

   EBS Channel D2: 2566–2572 MHz

   EBS Channel C3: 2572–2578 MHz

   EBS Channel D3: 2578–2584 MHz

   EBS Channel C4: 2584–2590 MHz

   EBS Channel D4: 2590–2596 MHz

   BRS Channel E1: 2596–2602 MHz

   BRS Channel F1: 2602–2608 MHz

   BRS Channel E2: 2608–2614 MHz

   BRS Channel F2: 2614–2620 MHz

   BRS Channel E3: 2620–2626 MHz

   BRS Channel F3: 2626–2632 MHz

   BRS Channel E4: 2632–2638 MHz

   BRS Channel F4: 2638–2644 MHz

   EBS Channel G1: 2644–2650 MHz

   BRS Channel H1: 2650–2656 MHz

   EBS Channel G2: 2656–2662 MHz

   BRS Channel H2: 2662–2668 MHz

   EBS Channel G3: 2668–2674 MHz

   BRS Channel H3: 2674–2680 MHz

   EBS Channel G4: 2680–2686 MHz

   I Channels: 2686–2690 MHz

   (2) Post transition frequency assignments. The frequencies available in the
   Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are
   listed in this section in accordance with the frequency allocations table of
   §2.106 of this chapter.

   (i) Lower Band Segment (LBS): The following channels shall constitute the
   Lower Band Segment:

   BRS Channel 1: 2496–2502 MHz

   EBS Channel A1: 2502–2507.5 MHz

   EBS Channel A2: 2507.5–2513 MHz

   EBS Channel A3: 2513–2518.5 MHz

   EBS Channel B1: 2518.5–2524 MHz

   EBS Channel B2: 2524–2529.5 MHz

   EBS Channel B3: 2529.5–2535 MHz

   EBS Channel C1: 2535–2540.5 MHz

   EBS Channel C2: 2540.5–2546 MHz

   EBS Channel C3: 2546–2551.5 MHz

   EBS Channel D1: 2551.5–2557 MHz

   EBS Channel D2: 2557–2562.5 MHz

   EBS Channel D3: 2562.5–2568 MHz

   EBS Channel JA1: 2568.00000–2568.33333 MHz

   EBS Channel JA2: 2568.33333–2568.66666 MHz

   EBS Channel JA3: 2568.66666–2569.00000 MHz

   EBS Channel JB1: 2569.00000–2569.33333 MHz

   EBS Channel JB2: 2569.33333–2569.66666 MHz

   EBS Channel JB3: 2569.66666–2570.00000 MHz

   EBS Channel JC1: 2570.00000–2570.33333 MHz

   EBS Channel JC2: 2570.33333–2570.66666 MHz

   EBS Channel JC3: 2570.66666–2571.00000 MHz

   EBS Channel JD1: 2571.00000–2571.33333 MHz

   EBS Channel JD2: 2571.33333–2571.66666 MHz

   EBS Channel JD3: 2571.66666–2572.00000 MHz

   (ii) Middle Band Segment (MBS): The following channels shall constitute the
   Middle Band Segment:

   EBS Channel A4: 2572–2578 MHz

   EBS Channel B4: 2578–2584 MHz

   EBS Channel C4: 2584–2590 MHz

   EBS Channel D4: 2590–2596 MHz

   EBS Channel G4: 2596–2602 MHz

   BRS/EBS Channel F4: 2602–2608 MHz

   BRS/EBS Channel E4: 2608–2614 MHz

   (iii) Upper Band Segment (UBS): The following channels shall constitute the
   Upper Band Segment:

   BRS Channel KH1: 2614.00000–2614.33333 MHz

   BRS Channel KH2: 2614.33333–2614.66666 MHz

   BRS Channel KH3: 2614.66666–2615.00000 MHz

   EBS Channel KG1: 2615.00000–2615.33333 MHz

   EBS Channel KG2: 2615.33333–2616.66666 MHz

   EBS Channel KG3: 2615.66666–2616.00000 MHz

   BRS Channel KF1: 2616.00000–2616.33333 MHz

   BRS Channel KF2: 2616.33333–2616.66666MHz

   BRS Channel KF3: 2616.66666–2617.00000 MHz

   BRS Channel KE1: 2617.00000–2617.33333 MHz

   BRS Channel KE2: 2617.33333–2617.66666 MHz

   BRS Channel KE3: 2617.66666–2618.00000 MHz

   BRS Channel 2: 2618–2624 MHz

   BRS/EBS Channel E1: 2624–2629.5 MHz

   BRS/EBS Channel E2: 2629.5–2635 MHz

   BRS/EBS Channel E3: 2635–2640.5 MHz

   BRS/EBS Channel F1: 2640.5–2646 MHz

   BRS/EBS Channel F2: 2646–2651.5 MHz

   BRS/EBS Channel F3: 2651.5–2657 MHz

   BRS Channel H1: 2657–2662.5 MHz

   BRS Channel H2: 2662.5–2668 MHz

   BRS Channel H3: 2668–2673.5 MHz

   BRS Channel G1: 2673.5–2679 MHz

   BRS Channel G2: 2679–2684.5 MHz

   BRS Channel G3: 2684.5–2690 MHz

   Note to paragraph(i)(2): No 125 kHz channels are provided for channels in
   operation in this service. The 125 kHz channels previously associated with
   these  channels  have been reallocated to Channel G3 in the upper band
   segment.

   (3) During the transition (see §§27.1230–27.1239) EBS and BRS licensees may
   exchange channels to effectuate the transition of the 2.5 GHz band in a
   given BTA.

   (4) A temporary fixed broadband station may use any available broadband
   channel on a secondary basis, except that operation of temporary fixed
   broadband stations is not allowed within 56.3 km (35 miles) of Canada.

   (5)(i) A point-to-point EBS station on the E and F-channel frequencies, may
   be involuntarily displaced by a BRS applicant or licensee, provided that
   suitable alternative spectrum is available and that the BRS entity bears the
   expenses of the migration. Suitability of spectrum will be determined on a
   case-by-base  basis;  at  a  minimum, the alternative spectrum must be
   licensable by broadband operators on a primary basis (although it need not
   be specifically allocated to the broadband service), and must provide a
   signal  that  is equivalent to the prior signal in picture quality and
   reliability, unless the broadband licensee will accept an inferior signal.
   Potential expansion of the BRS licensee may be considered in determining
   whether alternative available spectrum is suitable.

   (ii) If suitable alternative spectrum is located pursuant to paragraph
   (h)(6)(i) of this section, the initiating party must prepare and file the
   appropriate application for the new spectrum, and must simultaneously serve
   a copy of the application on the EBS licensee to be moved. The initiating
   party  will be responsible for all costs connected with the migration,
   including purchasing, testing and installing new equipment, labor costs,
   reconfiguration of existing equipment, administrative costs, legal and
   engineering  expenses  necessary  to  prepare  and  file the migration
   application, and other reasonable documented costs. The initiating party
   must  secure a bond or establish an escrow account to cover reasonable
   incremental increase in ongoing expenses that may fall upon the migrated
   licensee. The bond or escrow account should also account for the possibility
   that the initiating party subsequently becomes bankrupt. If it becomes
   necessary for the Commission to assess the sufficiency of a bond or escrow
   amount, it will take into account such factors as projected incremental
   increase in electricity or maintenance expenses, or relocation expenses, as
   relevant in each case.

   (iii) The EBS licensee to be moved will have a 60-day period in which to
   oppose the involuntary migration. The broadband party should state its
   opposition to the migration with specificity, including engineering and
   other challenges, and a comparison of the present site and the proposed new
   site.  If involuntary migration is granted, the new facilities must be
   operational before the initiating party will be permitted to begin its new
   or  modified  operations. The migration must not disrupt the broadband
   licensee's provision of service, and the broadband licensee has the right to
   inspect the construction or installation work.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3145 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June 20, 2002;
    69 FR 5714 , Feb. 6, 2004;  69 FR 72032 , Dec. 10, 2004;  69 FR 77950 , Dec. 29,
   2004;  70 FR 58064 , Oct. 5, 2005;  71 FR 35189 , June 19, 2006]

§ 27.6   Service areas.

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   Link to an amendment published at  72 FR 48844 , Aug. 24, 2007.

   (a) WCS service areas are Major Economic Areas (MEAs) and Regional Economic
   Area  Groupings  (REAGs) as defined in the Table immediately following
   paragraph (a)(1) of this section. Both MEAs and REAGs are based on the U.S.
   Department of Commerce's 172 Economic Areas (Eas). See  60 FR 13114  (March
   10, 1995). In addition, the Commission shall separately license Guam and the
   Northern Mariana Islands, Puerto Rico and the United States Virgin Islands,
   American  Samoa,  and  the  Gulf  of  Mexico, which have been assigned
   Commission-created EA numbers 173–176, respectively. Maps of the EAs, MEAs,
   and REAGs and theFederal RegisterNotice that established the 172 EAs are
   available for public inspection and copying at the Reference Information
   Center, Consumer and Governmental Affairs Bureau, Federal Communications
   Commission, 445 12th Street, SW, Washington, DC 20554.

   (1)  The  52 MEAs are composed of one or more EAs and the 12 REAGs are
   composed of one or more MEAs, as defined in the table below:
   REAGs MEAs EAs
   1 (Northeast) 1 (Boston) 1–3.
      2 (New York City) 4–7, 10.
      3 (Buffalo) 8.
      4 (Philadelphia) 11–12.
   2 (Southeast) 5 (Washington) 13–14.
      6 (Richmond) 15–17, 20.
      7 (Charlotte-Greensboro-Greenville-Raleigh) 18–19, 21–26, 41–42, 46.
      8 (Atlanta) 27–28, 37–40, 43.
      9 (Jacksonville) 29, 35.
      10 (Tampa-St. Petersburg-Orlando) 30, 33–34.
      11 (Miami) 31–32.
   3 (Great Lakes) 12 (Pittsburgh) 9, 52–53.
      13 (Cincinnati-Dayton) 48–50.
      14 (Columbus) 51.
      15 (Cleveland) 54–55.
      16 (Detroit) 56–58, 61–62.
      17 (Milwaukee) 59–60, 63, 104–105, 108.
      18 (Chicago) 64–66, 68, 97, 101.
      19 (Indianapolis) 67.
      20 (Minneapolis-St. Paul) 106–107, 109–114, 116.
      21 (Des Moines-Quad Cities) 100, 102–103, 117.
   4 (Mississippi Valley) 22 (Knoxville) 44–45.
      23 (Louisville-Lexington-Evansville) 47, 69–70, 72.
      24 (Birmingham) 36, 74, 78–79.
      25 (Nashville) 71.
      26 (Memphis-Jackson) 73, 75–77.
      27 (New Orleans-Baton Rouge) 80–85.
      28 (Little Rock) 90–92, 95.
      29 (Kansas City) 93, 99, 123.
      30 (St. Louis) 94, 96, 98.
   5 (Central) 31 (Houston) 86–87, 131.
      32 (Dallas-Fort Worth) 88–89, 127–130, 135, 137–138.
      33 (Denver) 115, 140–143.
      34 (Omaha) 118–121.
      35 (Wichita) 122.
      36 (Tulsa) 124.
      37 (Oklahoma City) 125–126.
      38 (San Antonio) 132–134.
      39 (El Paso-Albuquerque) 136, 139, 155–157.
      40 (Phoenix) 154, 158–159.
   6 (West) 41 (Spokane-Billings) 144–147, 168.
      42 (Salt Lake City) 148–150, 152.
      43 (San Francisco-Oakland-San Jose) 151, 162–165.
      44 (Los Angeles-San Diego) 153, 160–161.
      45 (Portland) 166–167.
      46 (Seattle) 169–170.
   7 (Alaska) 47 (Alaska) 171.
   8 (Hawaii) 48 (Hawaii) 172.
   9 (Guam and the Northern Mariana Islands) 49 (Guam and the Northern Mariana
   Islands) 173.
   10 (Puerto Rico and U.S. Virgin Islands) 50 (Puerto Rico and U.S. Virgin
   Islands) 174.
   11 (American Samoa) 51 (American Samoa) 175.
   12 (Gulf of Mexico) 52 (Gulf of Mexico) 176.

   (2) The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf
   coast outward into the Gulf.

   (b) 746–764 MHz and 776–794 MHz bands. WCS service areas for the 746–764 MHz
   and 776–794 MHz bands are as follows.

   (1) Service areas for Block A in the 746–747 and 776–777 MHz bands and Block
   B in the 762–764 and 792–794 MHz bands are based on Major Economic Areas
   (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section.

   (2) Service areas for Blocks C and D in the 747–762 MHz and 777–792 MHz
   bands are based on Economic Area Groupings (EAGs) as defined by the Federal
   Communications Commission. See  62 FR 15978  (April 3, 1997) extended with the
   Gulf of Mexico. See also paragraphs (a)(1) and (a)(2) of this section and  62 FR 9636  (March 3, 1997), in which the Commission created an additional four
   economic area-like areas for a total of 176. Maps of the EAGs and theFederal
   RegisterNotice that established the 172 Economic Areas (EAs) are available
   for public inspection and copying at the Reference Center, Room CY A–257,
   445 12th St., S.W., Washington, DC 20554. These maps and data are also
   available on the FCC website at www.fcc.gov/oet/info/maps/areas/. 

   (i) There are 6 EAGs, which are composed of multiple EAs as defined in the
   table below:
   Economic area groupings Name Economic areas
   EAG001 Northeast 1–11, 54
   EAG002 Mid-Atlantic 12–26, 41, 42, 44–53, 70
   EAG003 Southeast 27–40, 43, 69, 71–86, 88–90, 95, 96, 174, 176(part)
   EAG004 Great Lakes 55–68, 97, 100–109
   EAG005 Central/Mountain 87, 91–94, 98, 99, 110–146, 148, 149, 152, 154–159,
   176(part)
   EAG006 Pacific 147, 150, 151, 153, 160–173, 175

   Note 1 to paragraph(b)(2)(i): Economic Area Groupings are defined by the
   Federal Communications Commission; see  62 FR 15978  (April 3, 1997) extended
   with the Gulf of Mexico.

   Note 2 to paragraph(b)(2)(i): Economic Areas are defined by the Regional
   Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of
   Commerce  February  1995  and  extended  by the Federal Communications
   Commission, see  62 FR 9636  (March 3, 1997).

   (ii) For purposes of paragraph (b)(2)(i) of this section, EA 176 (the Gulf
   of Mexico) will be divided between EAG003 (the Southeast EAG) and EAG005
   (the Central/Mountain EAG) in accordance with the configuration of the
   Eastern/  Central and Western Planning Area established by the Mineral
   Management Services Bureau of the Department of the Interior (MMS). That
   portion of EA 176 contained in the Eastern and Central Planning Areas as
   defined by MMS will be included in EAG003; that portion of EA 176 contained
   in the Western Planning Area as defined by MMS will be included in EAG005.
   Maps  of  these  areas  may  be  found  on  the following MMS website:
   www.gomr.mms.gov/homepg/offshore/offshore.html. 

   (c) 698–746 MHz band. WCS service areas for the 698–746 MHz band are as
   follows.

   (1) Service areas for Blocks A, B, D, and E in the 698–746 MHz band are
   based on Economic Area Groupings (EAGs) as defined in paragraph (b)(2) of
   this section.

   (2) Service areas for Block C in the 698–746 MHz band are based on cellular
   markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service
   Areas (RSAs) as defined by Public Notice Report No. CL–92–40 “Common Carrier
   Public  Mobile  Services  Information,  Cellular  MSA/RSA  Markets and
   Counties,” dated January 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), with the
   following modifications:

   (i) The service areas of cellular markets that border the U.S. coastline of
   the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline.

   (ii) The service area of cellular market 306 that comprises the water area
   of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast
   outward into the Gulf.

   (d) 1390–1392 MHz band. Service areas for the 1390–1392 MHz band is based on
   Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of
   this section.

   (e) The paired 1392–1395 and 1432–1435 MHz bands. Service areas for the
   paired 1392–1395 and 1432–1435 MHz bands are as follows. Service areas for
   Block A in the 1392–1393.5 MHz and 1432–1433.5 MHz bands and Block B in the
   1393.5–1395  MHz  and 1433.5–1435 MHz bands are based on Economic Area
   Groupings (EAGs) as defined in paragraph (b)(2) of this section.

   (f)  1670–1675  MHz band. Service areas for the 1670–1675 MHz band are
   available on a nationwide basis.

   (g) [Reserved]

   (h) 1710–1755 and 2110–2155 MHz bands. AWS service areas for the 1710–1755
   MHz and 2110–2155 MHz bands are as follows:

   (1) Service areas for Block A (1710–1720 MHz and 2110–2120 MHz) are based on
   cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural
   Service Areas (RSAs) as defined by Public Notice Report No. CL–92–40 “Common
   Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and
   Counties,” dated January 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), with the
   following modifications:

   (i) The service areas of cellular markets that border the U.S. coastline of
   the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline.

   (ii) The service area of cellular market 306 that comprises the water area
   of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast
   outward into the Gulf.

   (2) Service areas for Blocks B (1720–1730 MHz and 2120–2130 MHz) and C
   (1730–1735 MHz and 2130–2135 MHz) are based on Economic Areas (EAs) as
   defined in paragraph (a) of this section.

   (3)  Service  areas  for blocks D (1735–1740 MHz and 2135–2140 MHz), E
   (1740–1745 MHz and 2140–2145 MHz) and F (1745–1755 MHz and 2145–2155 MHz)
   are  based  on  Regional Economic Area Groupings (REAGs) as defined by
   paragraph (a) of this section.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  64 FR 60726 , Nov. 8, 1999;  65 FR 3145 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;  65 FR 60113 , Oct. 10, 2000;
    67 FR 13225 , Mar. 21, 2002;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June 20,
   2002;  69 FR 5714 , Feb. 6, 2004;  69 FR 77950 , Dec. 29, 2004;  70 FR 58065 ,
   Oct. 5, 2005]

Subpart B—Applications and Licenses

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§ 27.10   Regulatory status.

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   The following rules apply concerning the regulatory status in the frequency
   bands specified in §27.5.

   (a) Single authorization. Authorization will be granted to provide any or a
   combination of the following services in a single license: common carrier,
   non-common carrier, private internal communications, and broadcast services.
   A licensee may render any kind of communications service consistent with the
   regulatory status in its license and with the Commission's rules applicable
   to that service. An applicant or licensee may submit a petition at any time
   requesting clarification of the regulatory status for which authorization is
   required to provide a specific communications service.

   (b) Designation of regulatory status in initial application. An applicant
   shall specify in its initial application if it is requesting authorization
   to  provide  common  carrier,  non-common  carrier,  private  internal
   communications, or broadcast services, or a combination thereof.

   (c)  Amendment  of  pending applications. The following rules apply to
   amendments of a pending application.

   (1) Any pending application may be amended to:

   (i) Change the carrier regulatory status requested, or

   (ii)  Add  to  the  pending request in order to obtain common carrier,
   non-common carrier, private internal communications, or broadcast services
   status, or a combination thereof, in a single license.

   (2) Amendments to change, or add to, the carrier regulatory status in a
   pending application are minor amendments filed under §1.927 of this chapter.

   (d) Modification of license. The following rules apply to amendments of a
   license.

   (1) A licensee may modify a license to:

   (i) Change the regulatory status authorized, or

   (ii)  Add to the status authorized in order to obtain a combination of
   services of different regulatory status in a single license.

   (2) Applications to change, or add to, the carrier status in a license are
   modifications not requiring prior Commission authorization. The licensee
   must notify the Commission within 30 days of the change. If the change
   results in the discontinuance, reduction, or impairment of an existing
   service, the licensee is subject to the provisions of §27.66.

   [ 65 FR 3146 , Jan. 20, 2000, as amended at  65 FR 17602 , Apr. 4, 2000;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June 20, 2002;  68 FR 66286 , Nov. 25, 2003;
    72 FR 27709 , May 16, 2007]

§ 27.11   Initial authorization.

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   Link to an amendment published at  72 FR 48845 , Aug. 24, 2007.

   (a) An applicant must file a single application for an initial authorization
   for all markets won and frequency blocks desired. Initial authorizations
   shall be granted in accordance with §27.5. Applications for individual sites
   are  not  required and will not be accepted, except where required for
   environmental assessments, in accordance with §§1.1301 through 1.1319 of
   this chapter.

   (b) 2305–2320 MHz and 2345–2360 MHz bands. Initial authorizations for the
   2305–2320 MHz and 2345–2360 MHz bands shall be for 10 megahertz of spectrum
   in accordance with §27.5(a).

   (1) Authorizations for Blocks A and B will be based on Major Economic Areas
   (MEAs), as specified in §27.6(a)(1).

   (2) Authorizations for Blocks C and D will be based on Regional Economic
   Area Groupings (REAGs), as specified in §27.6(a)(2).

   (c)  746–764 MHz and 776–794 MHz bands. Initial authorizations for the
   746–764 MHz and 776–794 MHz blocks shall be for 1, 2, 5, or 10 megahertz of
   spectrum in accordance with §27.5(b).

   (1) Authorizations for Block A, consisting of two paired channels of 1
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(b)(1).

   (2) Authorizations for Block B, consisting of two paired channels of 2
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(b)(1).

   (3) Authorizations for Block C, consisting of two paired channels of 5
   megahertz  each,  will  be based on Economic Area Groupings (EAGs), as
   specified in §27.6(b)(2).

   (4) Authorizations for Block D, consisting of two paired channels of 10
   megahertz each, will be based on EAGs, as specified in §27.6(b)(2).

   (d) 698–746 MHz band. Initial authorizations for the 698–746 MHz band shall
   be for 6 or 12 megahertz of spectrum in accordance with §27.5(c).

   (1) Authorizations for Blocks A and B, consisting of two paired channels of
   6 megahertz each, will be based on those geographic areas specified in
   §27.6(c)(1).

   (2) Authorizations for Block C, consisting of two paired channels of 6
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(c)(2).

   (3) Authorizations for Blocks D and E, consisting of an unpaired channel
   block of 6 megahertz each, will be based on those geographic areas specified
   in §27.6(c)(1).

   (e) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band
   shall  be  for  2  megahertz  of spectrum in accordance with §27.5(d).
   Authorizations will be based on Major Economic Areas (MEAs), as specified in
   §27.6(d).

   (f) The paired 1392–1395 MHz and 1432–1435 MHz bands. Initial authorizations
   for  the  paired  1392–1395 MHz and 1432–1435 MHz bands shall be for 3
   megahertz of paired spectrum in accordance with §27.5(e). Authorization for
   Blocks  A  and  B will be based on Economic Areas Groupings (EAGs), as
   specified in §27.6(e).

   (g) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band
   shall  be  for  5  megahertz  of spectrum in accordance with §27.5(f).
   Authorizations will be on a nationwide basis.

   (h) [Reserved]

   (i) 1710–1755 MHz and 2110–2155 MHz bands. Initial authorizations for the
   1710–1755 MHz and 2110–2155 MHz bands shall be for 5 or 10 megahertz of
   spectrum in each band in accordance with §27.5(h) of this part.

   (1) Authorizations for Block A, consisting of two paired channels of 10
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(1).

   (2) Authorizations for Block B, consisting of two paired channels of 10
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(2).

   (3) Authorizations for Block C, consisting of two paired channels of 5
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(2).

   (4) Authorizations for Blocks D, consisting of two paired channels of 5
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(3).

   (5) Authorizations for Blocks E, consisting of two paired channels of 5
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(3).

   (6) Authorizations for Block F, consisting of two paired channels of 10
   megahertz  each,  will be based on those geographic areas specified in
   §27.6(h)(3).

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  67 FR 5511 , Feb. 6, 2002;  67 FR 41854 , June 20, 2002;
    69 FR 5715 , Feb. 6, 2004;  69 FR 39867 , July 1, 2004;  69 FR 77950 , Dec. 29,
   2004;  70 FR 58065 , Oct. 5, 2005]

§ 27.12   Eligibility.

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   Except as provided in §§27.604, 27.1201, and 27.1202, 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.

   [ 69 FR 72033 , Dec. 10, 2004]

§ 27.13   License period.

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   Link to an amendment published at  72 FR 48845 , Aug. 24, 2007.

   (a) 2305–2320 MHz and 2345–2360 MHz bands. Initial WCS authorizations for
   the 2305–2320 MHz and 2345–2360 MHz bands will have a term not to exceed ten
   years from the date of original issuance or renewal.

   (b) 698–764 MHz and 776–794 MHz bands . Initial authorizations for the
   698–764 MHz, 747–762 MHz, and 777–792 MHz bands, will extend for a term not
   to  exceed  ten  years  from  February  17,  2009, except that initial
   authorizations for a part 27 licensee that provides broadcast services,
   whether exclusively or in combination with other services, will not exceed
   eight  years. Initial authorizations for the 746–747 MHz, 776–777 MHz,
   762–764  MHz,  and 792–794 MHz bands shall not exceed January 1, 2015.
   Subsequent  license terms shall be for a term not to exceed ten years.
   Licensees  that initiate the provision of a broadcast service, whether
   exclusively or in combination with other services, may not provide this
   service for more than eight years or beyond the end of the license term if
   no broadcast service had been provided, whichever period is shorter in
   length.

   (c) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band
   will have a term not to exceed ten years from the date of initial issuance
   or renewal.

   (d) The paired 1392–1395 and 1432–1435 MHz bands. Initial WCS authorizations
   for the paired 1392–1395 MHz and 1432–1435 MHz bands will have a term not to
   exceed ten years from the date of initial issuance or renewal.

   (e) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band
   will have a term not to exceed ten years from the date of initial issuance
   or renewal.

   (f) [Reserved]

   (g) 1710–1755 MHz and 2110–2155 MHz bands. Authorizations for the 1710–1755
   MHz and 2110–2155 MHz bands will have a term not to exceed ten years from
   the date of initial issuance or renewal, except that authorizations issued
   on or before December 31, 2009, shall have a term of fifteen years.

   [ 65 FR 3146 , Jan. 20, 2000;  65 FR 12483 , Mar. 9, 2000, as amended at  65 FR 17602 , Apr. 4, 2000;  65 FR 57267 , Sept. 21, 2000;  67 FR 5511 , Feb. 6, 2002;
    67 FR 41855 , June 20, 2002;  69 FR 5715 , Feb. 6, 2004;  69 FR 77950 , Dec. 29,
   2004;  72 FR 27709 , May 16, 2007]

§ 27.14   Construction requirements; Criteria for renewal.

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   Link to an amendment published at  72 FR 48846 , Aug. 24, 2007.

   (a) AWS and WCS licensees must make a showing of “substantial service” in
   their license area within the prescribed license term set forth in §27.13.
   “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.

   (b) 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:

   (1) The renewal applicant has provided “substantial” service during its past
   license term; and

   (2) The renewal applicant has substantially complied with applicable FCC
   rules, policies and the Communications Act of 1934, as amended.

   (c) In order to establish its right to a renewal expectancy, a WCS renewal
   applicant involved in a comparative renewal proceeding must submit a showing
   explaining why it should receive a renewal expectancy. At a minimum, this
   showing must include:

   (1) A description of its current service in terms of geographic coverage and
   population served;

   (2) An explanation of its record of expansion, including a timetable of new
   construction to meet changes in demand for service;

   (3) A description of its investments in its WCS system; and

   (4) Copies of all FCC orders finding the licensee to have violated the
   Communications Act or any FCC rule or policy; and a list of any pending
   proceedings that relate to any matter described in this paragraph.

   (d) In making its showing of entitlement to a renewal expectancy, a renewal
   applicant may claim credit for any system modification applications that
   were pending on the date it filed its renewal application. Such credit will
   not be allowed if the modification application is dismissed or denied.

   (e) Comparative renewal proceedings do not apply to WCS licensees holding
   authorizations for the 698–746 MHz, 747–762 MHz, and 777–792 MHz bands.
   These licensees must file a renewal application in accordance with the
   provisions set forth in §1.949 of this chapter.

   (f) BRS and EBS licensees must make a showing of “substantial service” no
   later than May 1, 2011. Incumbent BRS licensees must file their “substantial
   service” showing with their renewal application. “Substantial service” is
   defined as service which is sound, favorable, and substantially above a
   level  of mediocre service which just might minimally warrant renewal.
   Substantial service for BRS and EBS licensees is satisfied if a licensee
   meets the requirements of paragraph (e)(1) or (e)(2) of this section. If a
   licensee has not met the requirements of paragraph (e)(1) or (e)(2) of this
   section, then demonstration of “substantial service” shall proceed on a
   case-by-case basis. All substantial service determinations will be made on a
   license-by-license basis. Except for BTA licenses, BRS licensees must file
   their “substantial service” showing with their renewal applications. Failure
   by any licensee to meet this requirement will result in forfeiture of the
   license and the licensee will be ineligible to regain it.

   (1) A BRS or EBS licensee has provided “substantial service” by:

   (i) Constructing six permanent links per one million people for licensees
   providing fixed point-to-point services;

   (ii) Providing coverage of at least 30 percent of the population of the
   licensed  area  for  licensees  providing  mobile  services  or  fixed
   point-to-multipoint services;

   (iii) Providing service to “rural areas” (a county (or equivalent) with a
   population density of 100 persons per square mile or less, based upon the
   most  recently available Census data) and areas with limited access to
   telecommunications services:

   (A) For mobile service, where coverage is provided to at least 75% of the
   geographic area of at least 30% of the rural areas within its service area;
   or

   (B) For fixed service, where the BRS or EBS licensee has constructed at
   least one end of a permanent link in at least 30% of the rural areas within
   its licensed area.

   (iv) Providing specialized or technologically sophisticated service that
   does not require a high level of coverage to benefit consumers; or

   (v) Providing service to niche markets or areas outside the areas served by
   other licensees.

   (2) An EBS licensee has provided “substantial service” when:

   (i) The EBS licensee is using its spectrum (or spectrum to which the EBS
   licensee's educational services are shifted) to provide educational services
   within the EBS licensee's GSA;

   (ii)  The  EBS  licensee's license is actually being used to serve the
   educational mission of one or more accredited public or private schools,
   colleges  or  universities  providing  formal educational and cultural
   development to enrolled students; or

   (iii) The level of service provided by the EBS licensee meets or exceeds the
   minimum usage requirements specified in §27.1214.

   (3) An EBS or BRS licensee may be deemed to provide substantial service
   through a leasing arrangement if the lessee is providing substantial service
   under  paragraph (e)(1) of this section. The EBS licensee must also be
   otherwise  in  compliance with this chapter (including the programming
   requirements in §27.1203).

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3146 , Jan. 20, 2000;  69 FR 5715 , Feb. 6, 2004;  71 FR 35189 , June 19, 2006;  72 FR 27709 , May 16, 2007]

§ 27.15   Geographic partitioning and spectrum disaggregation.

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   Link to an amendment published at  72 FR 48848 , Aug. 24, 2007.

   (a)  Eligibility.  (1)  Parties  seeking approval for partitioning and
   disaggregation  shall request from the Commission an authorization for
   partial assignment of a license pursuant to §1.948.

   (2) AWS and WCS licensees may apply to partition their licensed geographic
   service area or disaggregate their licensed spectrum at any time following
   the grant of their licenses.

   (b) Technical Standards —(1) Partitioning. In the case of partitioning,
   applicants and licensees must file FCC Form 603 pursuant to section 1.948
   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.

   (4) Signal levels. For purposes of partitioning and disaggregation, part 27
   systems must be designed so as not to exceed the signal level specified for
   the particular spectrum block in §27.55 at the licensee's service area
   boundary, unless the affected adjacent service area licensees have agreed to
   a different signal level.

   (c) License term . The license term for a partitioned license area and for
   disaggregated spectrum shall be the remainder of the original licensee's
   license term as provided for in §27.13.

   (d) Compliance with construction requirements. The following rules apply for
   purposes of implementing the construction requirements set forth in §27.14.

   (1) Partitioning. Parties to partitioning agreements have two options for
   satisfying the construction requirements set forth in §27.14. Under the
   first option, the partitioner and partitionee each certifies that it will
   independently satisfy the substantial service requirement for its respective
   partitioned area. If a licensee subsequently fails to meet its substantial
   service requirement, its license will be subject to automatic cancellation
   without further Commission action. Under the second option, the partitioner
   certifies that it has met or will meet the substantial service requirement
   for the entire, pre-partitioned geographic service area. If the partitioner
   subsequently fails to meet its substantial service requirement, only its
   license will be subject to automatic cancellation without further Commission
   action.

   (2) Disaggregation. Parties to disaggregation agreements have two options
   for satisfying the construction requirements set forth in §27.14. Under the
   first option, the disaggregator and disaggregatee each certifies that it
   will share responsibility for meeting the substantial service requirement
   for the geographic service area. If the parties choose this option and
   either  party  subsequently  fails  to satisfy its substantial service
   responsibility, both parties' licenses will be subject to forfeiture without
   further Commission action. Under the second option, both parties certify
   either that the disaggregator or the disaggregatee will meet the substantial
   service requirement for the geographic service area. If the parties choose
   this  option, and the party responsible subsequently fails to meet the
   substantial service requirement, only that party's license will be subject
   to forfeiture without further Commission action.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July 9, 2002;
    69 FR 5715 , Feb. 6, 2004]

§ 27.16   xxx

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   Link to an amendment published at  72 FR 48849 , Aug. 24, 2007.

Subpart C—Technical Standards

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§ 27.50   Power and antenna height limits.

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   Link to an amendment published at  72 FR 48849 , Aug. 24, 2007.

   (a) The following power limits apply to the 2305–2320 MHz and 2345–2360 MHz
   bands:

   (1) Fixed, land, and radiolocation land stations transmitting are limited to
   2000 watts peak equivalent isotropically radiated power (EIRP).

   (2) Mobile and radiolocation mobile stations transmitting are limited to 20
   watts EIRP peak power.

   (b) The following power and antenna height limits apply to transmitters
   operating in the 746–764 MHz and 776–794 MHz bands:

   (1) Fixed and base stations transmitting a signal in the 746–747 and 762–764
   MHz bands must not exceed an effective radiated power (ERP) of 1000 watts
   and an antenna height of 305 m height above average terrain (HAAT), except
   that antenna heights greater than 305 m HAAT are permitted if power levels
   are reduced below 1000 watts ERP in accordance with Table 1 of this section;

   (2) Fixed and base stations transmitting a signal in the 747–762 MHz and
   777–792 MHz bands with an emission bandwidth of 1 MHz or less must not
   exceed an ERP of 1000 watts and an antenna height of 305 m HAAT, except that
   antenna heights greater than 305 m HAAT are permitted if power levels are
   reduced below 1000 watts ERP in accordance with Table 1 of this section;

   (3) Fixed and base stations located in a county with population density of
   100 or fewer persons per square mile, based upon the most recently available
   population statistics from the Bureau of the Census, and transmitting a
   signal in the 747–762 MHz and 777–792 MHz bands with an emission bandwidth
   of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height
   of 305 m HAAT, except that antenna heights greater than 305 m HAAT are
   permitted if power levels are reduced below 2000 watts ERP in accordance
   with Table 2 of this section;

   (4) Fixed and base stations transmitting a signal in the 747–762 MHz and
   777–792 MHz bands with an emission bandwidth greater than 1 MHz must not
   exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except
   that antenna heights greater than 305 m HAAT are permitted if power levels
   are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this
   section;

   (5) Fixed and base stations located in a county with population density of
   100 or fewer persons per square mile, based upon the most recently available
   population statistics from the Bureau of the Census, and transmitting a
   signal in the 747–762 MHz and 777–792 MHz bands with an emission bandwidth
   greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna
   height of 305 m HAAT, except that antenna heights greater than 305 m HAAT
   are  permitted if power levels are reduced below 2000 watts/MHz ERP in
   accordance with Table 4 of this section;

   (6) Licensees of fixed or base stations transmitting a signal in the 747–762
   or 777–792 MHz bands at an ERP greater than 1000 watts must comply with the
   provisions set forth in paragraph (b)(8) of this section and §27.55(c);

   (7) Licensees seeking to operate a fixed or base station located in a county
   with population density of 100 or fewer persons per square mile, based upon
   the most recently available population statistics from the Bureau of the
   Census, and transmitting a signal in the 747–762 MHz or 777–792 MHz bands at
   an ERP greater than 1000 watts must:

   (i) Coordinate in advance with all licensees authorized to operate in the
   698–764 MHz and 776–794 MHz bands within 120 kilometers (75 miles) of the
   base or fixed station; and

   (ii)  Coordinate  in advance with all regional planning committees, as
   identified  in  §90.527  of this chapter, with jurisdiction within 120
   kilometers (75 miles) of the base or fixed station;

   (8) Licensees authorized to transmit in the 747–762 or 777–792 MHz bands and
   intending to operate a base or fixed station at a power level permitted
   under  the provisions of paragraph (b)(6) of this section must provide
   advanced  notice  of such operation to the Commission and to licensees
   authorized in their area of operation. Licensees who must be notified are
   all licensees authorized to operate in the 764–776 MHz and 794–806 MHz bands
   under part 90 of this chapter within 75 km of the base or fixed station and
   all regional planning committees, as identified in §90.527 of this chapter,
   with jurisdiction within 75 km of the base or fixed station. Notifications
   must provide the location and operating parameters of the base or fixed
   station, including the station's ERP, antenna coordinates, antenna height
   above ground, and vertical antenna pattern, and such notifications must be
   provided at least 90 days prior to the commencement of station operation;

   (9) Control stations and mobile stations transmitting in the 747–762 MHz
   band and the 776–794 MHz band and fixed stations transmitting in the 776–777
   MHz band and the 792–794 MHz band are limited to 30 watts ERP;

   (10) Portable stations (hand-held devices) transmitting in the 747–762 MHz
   band and the 776–794 MHz band are limited to 3 watts ERP;

   (11) For transmissions in the 746–747 MHz, 762–764 MHz, 776–777 MHz, and
   792–794 MHz bands, maximum composite transmit power shall be measured over
   any interval of continuous transmission using instrumentation calibrated in
   terms of 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, etc., so as to obtain a true maximum composite measurement for
   the emission in question over the full bandwidth of the channel; and

   (12) For transmissions in the 747–762 MHz and 777–792 MHz bands, licensees
   may employ equipment operating in compliance with either the measurement
   techniques  described  in  paragraph  (b)(11)  of  this  section  or a
   Commission-approved average power technique. In both instances, equipment
   employed must be authorized in accordance with the provisions of §27.51.

   (c) The following power and antenna height requirements apply to stations
   transmitting in the 698–746 MHz band:

   (1) Fixed and base stations transmitting a signal with an emission bandwidth
   of 1 MHz or less must not exceed an effective radiated power (ERP) of 1000
   watts and an antenna height of 305 m height above average terrain (HAAT),
   except that antenna heights greater than 305 m HAAT are permitted if power
   levels are reduced below 1000 watts ERP in accordance with Table 1 of this
   section;

   (2) Fixed and base stations located in a county with population density of
   100 or fewer persons per square mile, based upon the most recently available
   population statistics from the Bureau of the Census, and transmitting a
   signal with an emission bandwidth of 1 MHz or less must not exceed an ERP of
   2000 watts and an antenna height of 305 m HAAT, except that antenna heights
   greater than 305 m HAAT are permitted if power levels are reduced below 2000
   watts ERP in accordance with Table 2 of this section;

   (3) Fixed and base stations transmitting a signal with an emission bandwidth
   greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna
   height of 305 m HAAT, except that antenna heights greater than 305 m HAAT
   are  permitted if power levels are reduced below 1000 watts/MHz ERP in
   accordance with Table 3 of this section;

   (4) Fixed and base stations located in a county with population density of
   100 or fewer persons per square mile, based upon the most recently available
   population statistics from the Bureau of the Census, and transmitting a
   signal with an emission bandwidth greater than 1 MHz must not exceed an ERP
   of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna
   heights greater than 305 m HAAT are permitted if power levels are reduced
   below 2000 watts/MHz ERP in accordance with Table 4 of this section;

   (5) Licensees seeking to operate a fixed or base station located in a county
   with population density of 100 or fewer persons per square mile, based upon
   the most recently available population statistics from the Bureau of the
   Census, and transmitting a signal at an ERP greater than 1000 watts must:

   (i) Coordinate in advance with all licensees authorized to operate in the
   698–764 MHz and 776–794 MHz bands within 120 kilometers (75 miles) of the
   base or fixed station;

   (ii)  Coordinate  in advance with all regional planning committees, as
   identified  in  §90.527  of this chapter, with jurisdiction within 120
   kilometers (75 miles) of the base or fixed station;

   (6) Licensees of fixed or base stations transmitting a signal at an ERP
   greater than 1000 watts and greater than 1000 watts/MHz must comply with the
   provisions of paragraph (c)(8) of this section and §27.55(b), except that
   licensees of fixed or base stations located in a county with population
   density  of  100 or fewer persons per square mile, based upon the most
   recently available population statistics from the Bureau of the Census, must
   comply with the provisions of paragraph (c)(8) of this section and §27.55(b)
   only if transmitting a signal at an ERP greater than 2000 watts and greater
   than 2000 watts/MHz;

   (7) A licensee authorized to operate in the 710–716, 716–722, or 740–746 MHz
   bands, or in any unpaired spectrum blocks within the 698–746 MHz band, may
   operate a fixed or base station at an ERP up to a total of 50 kW within its
   authorized,  6  MHz  spectrum  block if the licensee complies with the
   provisions of §27.55(b). The antenna height for such stations is limited
   only to the extent required to satisfy the requirements of §27.55(b);

   (8) Licensees intending to operate a base or fixed station at a power level
   permitted under the provisions of paragraph (c)(6) of this section must
   provide advanced notice of such operation to the Commission and to licensees
   authorized in their area of operation. Licensees who must be notified are
   all licensees authorized under this part to operate on an adjacent spectrum
   block within 75 km of the base or fixed station. Notifications must provide
   the  location  and  operating parameters of the base or fixed station,
   including the station's ERP, antenna coordinates, antenna height above
   ground,  and  vertical antenna pattern, and such notifications must be
   provided at least 90 days prior to the commencement of station operation;

   (9) Control and mobile stations are limited to 30 watts ERP;

   (10) Portable stations (hand-held devices) are limited to 3 watts ERP; and

   (11) Licensees may employ equipment operating in compliance with either the
   measurement techniques described in paragraph (b)(11) of this section or a
   Commission-approved average power technique. In both instances, equipment
   employed must be authorized in accordance with the provisions of §27.51.

   (d) The following power and antenna height requirements apply to stations
   transmitting in the 1710–1755 MHz and 2110–2155 MHz bands:

   (1) The power of each fixed or base station transmitting in the 2110–2155
   MHz band and located in any county with population density of 100 or fewer
   persons per square mile, based upon the most recently available population
   statistics from the Bureau of the Census, is limited to a peak equivalent
   isotropically radiated power (EIRP) of 3280 watts. The power of each fixed
   or  base station transmitting in the 2110–2155 MHz band from any other
   location is limited to a peak EIRP of 1640 watts. A licensee operating a
   base or fixed station utilizing a power of more than 1640 watts EIRP must
   coordinate such operations in advance with all Government and non-Government
   satellite entities in the 2025–2110 MHz band. Operations above 1640 watts
   EIRP must also be coordinated in advance with the following licensees within
   120 kilometers (75 miles) of the base or fixed station: all Broadband Radio
   Service (BRS) licensees authorized under part 27 in the 2155–2160 MHz band
   and all AWS licensees in the 2110–2155 MHz band.

   (2)  Fixed, mobile, and portable (hand-held) stations operating in the
   1710–1755 MHz band are limited to a peak EIRP of 1 watt. Fixed stations
   operating in this band are limited to a maximum antenna height of 10 meters
   above ground, and mobile and portable stations must employ a means for
   limiting power to the minimum necessary for successful communications.

   (e)  The  following power limits apply to the paired 1392–1395 MHz and
   1432–1435 MHz bands as well as the unpaired 1390–1392 MHz band (1.4 GHz
   band):

   (1) Fixed stations transmitting in the 1390–1392 MHz and 1432–1435 MHz bands
   are limited to 2000 watts EIRP peak power. Fixed stations transmitting in
   the 1392–1395 MHz band are limited to 100 watts EIRP peak power.

   (2) Mobile stations transmitting in the 1390–1392 MHz and 1432–1435 MHz
   bands are limited to 4 watts EIRP peak power. Mobile stations transmitting
   in the1392–1395 MHz band are limited to 1 watt EIRP peak power.

   (f) The following power limits apply to the 1670–1675 MHz band:

   (1) Fixed and base stations are limited to 2000 watts EIRP peak power.

   (2) Mobile stations are limited to 4 watts EIRP peak power.

   (g) [Reserved]

   (h) The following power limits shall apply in the BRS and EBS:

   (1) Main, booster and base stations. (i) The maximum EIRP of a main, booster
   or base station shall not exceed 33 dBW + 10log(X/Y) dBW, where X is the
   actual channel width in MHz and Y is either 6 MHz if prior to transition or
   the station is in the MBS following transition or 5.5 MHz if the station is
   in the LBS and UBS following transition, except as provided in paragraph
   (h)(1)(ii) of this section.

   (ii) If a main or booster station sectorizes or otherwise uses one or more
   transmitting antennas with a non-omnidirectional horizontal plane radiation
   pattern, the maximum EIRP in dBW in a given direction shall be determined by
   the  following  formula:  EIRP  =  33  dBW  +  10  log(X/Y)  dBW  + 10
   log(360/beamwidth) dBW, where X is the actual channel width in MHz, Y is
   either  (i)  6 MHz if prior to transition or the station is in the MBS
   following transition or (ii) 5.5 MHz if the station is in the LBS and UBS
   following transition, and beamwidth is the total horizontal plane beamwidth
   of  the  individual transmitting antenna for the station or any sector
   measured at the half-power points.

   (2) Mobile and other user stations. Mobile stations are limited to 2.0 watts
   EIRP. All user stations are limited to 2.0 watts transmitter output power.

   (3) For television transmission, the peak power of the accompanying aural
   signal  must  not  exceed  10  percent of the peak visual power of the
   transmitter. The Commission may order a reduction in aural signal power to
   diminish the potential for harmful interference.

   (4) For main, booster and response stations utilizing digital emissions with
   non-uniform  power spectral density ( e.g. unfiltered QPSK), the power
   measured within any 100 kHz resolution bandwidth within the 6 MHz channel
   occupied by the non-uniform emission cannot exceed the power permitted
   within any 100 kHz resolution bandwidth within the 6 MHz channel if it were
   occupied by an emission with uniform power spectral density, i.e. , if the
   maximum permissible power of a station utilizing a perfectly uniform power
   spectral density across a 6 MHz channel were 2000 watts EIRP, this would
   result  in a maximum permissible power flux density for the station of
   2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission
   were substituted at the station, station power would still be limited to a
   maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz channel,
   irrespective of the fact that this would result in a total 6 MHz channel
   power of less than 2000 watts EIRP.

   (i) Peak transmit power shall be measured over any interval of continuous
   transmission using instrumentation calibrated in terms of 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, etc., so as to
   obtain a true peak measurement for the emission in question over the full
   bandwidth of the channel.

   Table 1—Permissible Power and Antenna Heights for Base and Fixed Stations in
   the 746–747 MHz and 762–764 MHz Bands and for Base and Fixed Stations in the
   698–746 MHz, 747–762 MHz, and 777–792 MHz Bands Transmitting a Signal With
   an Emission Bandwidth of 1 MHz or Less
   Antenna height (AAT) in meters
   (feet) Effective radiated power (ERP)
   (watts)
          Above 1372 (4500)                  65
          Above 1220 (4000) To 1372 (4500)   70
          Above 1067 (3500) To 1220 (4000)   75
          Above 915 (3000) To 1067 (3500)   100
          Above 763 (2500) To 915 (3000)    140
          Above 610 (2000) To 763 (2500)    200
          Above 458 (1500) To 610 (2000)    350
          Above 305 (1000) To 458 (1500)    600
          Up to 305 (1000)                 1000

   Table 2—Permissible Power and Antenna Heights for Base and Fixed Stations in
   the 698–746 MHz, 747–762 MHz, and 777–792 MHz Bands Transmitting a Signal
   With an Emission Bandwidth of 1 MHz or Less
   Antenna height (AAT) in meters
   (feet) Effective radiated power (ERP)
   (watts)
          Above 1372 (4500)                 130
          Above 1220 (4000) To 1372 (4500)  140
          Above 1067 (3500) To 1220 (4000)  150
          Above 915 (3000) To 1067 (3500)   200
          Above 763 (2500) To 915 (3000)    280
          Above 610 (2000) To 763 (2500)    400
          Above 458 (1500) To 610 (2000)    700
          Above 305 (1000) To 458 (1500)   1200
          Up to 305 (1000)                 2000

   Table 3—Permissible Power and Antenna Heights for Base and Fixed Stations in
   the 698–746 MHz, 747–762 MHz and 777–792 MHz Bands Transmitting a Signal
   With an Emission Bandwidth Greater Than 1 MHz
   Antenna height (AAT) in meters
   (feet) Effective radiated power (ERP) per MHz
   (watts/MHz)
          Above 1372 (4500)                       65
          Above 1220 (4000) To 1372 (4500)        70
          Above 1067 (3500) To 1220 (4000)        75
          Above 915 (3000) To 1067 (3500)        100
          Above 763 (2500) To 915 (3000)         140
          Above 610 (2000) To 763 (2500)         200
          Above 458 (1500) To 610 (2000)         350
          Above 305 (1000) To 458 (1500)         600
          Up to 305 (1000)                      1000

   Table 4—Permissible Power and Antenna Heights for Base and Fixed Stations in
   the 698–746 MHz, 747–762 MHz and 777–792 MHz Bands Transmitting a Signal
   With an Emission Bandwidth Greater Than 1 MHz
   Antenna height (AAT) in meters
   (feet) Effective radiated power (ERP) per MHz
   (watts/MHz)
          Above 1372 (4500)                      130
          Above 1220 (4000) To 1372 (4500)       140
          Above 1067 (3500) To 1220 (4000)       150
          Above 915 (3000) To 1067 (3500)        200
          Above 763 (2500) To 915 (3000)         280
          Above 610 (2000) To 763 (2500)         400
          Above 458 (1500) To 610 (2000)         700
          Above 305 (1000) To 458 (1500)        1200
          Up to 305 (1000)                      2000

   [ 62 FR 16497 , Apr. 7, 1997, as amended at  65 FR 3147 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;  65 FR 42882 , July 12, 2000;  65 FR 57267 , Sept. 21,
   2000;  67 FR 5511 , Feb. 6, 2002;  67 FR 41855 , June 20, 2002;  69 FR 5715 , Feb.
   6, 2004;  69 FR 72033 , Dec. 10, 2004;  69 FR 75172 , Dec. 15, 2004;  69 FR 77950 , Dec. 29, 2004;  70 FR 1190 , Jan. 6, 2005;  70 FR 58065 , Oct. 5, 2005;
    72 FR 27709 ]

   Effective Date Note:   At  72 FR 27709 , May 15, 2007, §27.50 was amended, in
   part,  by  revising  paragraph (c). Paragraphs (c) (5) and (8) contain
   information collection and recordkeeping requirements and will not become
   effective until approval has been given by the Office of Management and
   Budget.

§ 27.51   Equipment authorization.

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   (a) Each transmitter utilized for operation under this part must be of a
   type that has been authorized by the Commission under its certification
   procedure.

   (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.

   [ 65 FR 3147 , Jan. 20, 2000]

§ 27.52   RF safety.

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   Licensees and manufacturers are subject to the radio frequency radiation
   exposure requirements specified in sections 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.

§ 27.53   Emission limits.

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   Link to an amendment published at  72 FR 48851 , Aug. 24, 2007.

   (a) For operations in the bands 2305–2320 MHz and 2345–2360 MHz, the power
   of any emission outside the licensee's frequency band(s) of operation shall
   be attenuated below the transmitter power (P) within the licensed band(s) of
   operation, measured in watts, by the following amounts:

   (1) For fixed, land, and radiolocation land stations: By a factor not less
   than 80 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz;

   (2) For mobile and radiolocation mobile stations: By a factor not less than
   110 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz;

   (3) For fixed, land, mobile, radiolocation land and radiolocation mobile
   stations: By a factor not less than 70 + 10 log (p) dB on all frequencies
   below 2300 MHz and on all frequencies above 2370 MHz; and not less than 43 +
   10  log (p) dB on all frequencies between 2300 and 2320 MHz and on all
   frequencies between 2345 and 2370 MHz that are outside the licensed bands of
   operation;

   (4) Compliance with these provisions is based on the use of measurement
   instrumentation employing a resolution bandwidth of 1 MHz or less, but at
   least one percent of the emission bandwidth of the fundamental emission of
   the transmitter, provided the measured energy is integrated over a 1 MHz
   bandwidth;

   (5) In complying with the requirements in §27.53(a)(1) and §27.53(a)(2), WCS
   equipment that uses opposite sense circular polarization from that used by
   Satellite DARS systems in the 2320–2345 MHz band shall be permitted an
   allowance of 10 dB;

   (6) When measuring the emission limits, the nominal carrier frequency shall
   be adjusted as close to the edges, both upper and lower, of the licensee's
   bands of operation as the design permits;

   (7) 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;

   (8) Waiver requests of any of the out-of-band emission limits in paragraphs
   (a)(1)  through  (a)(7)  of  this section shall be entertained only if
   interference protection equivalent to that afforded by the limits is shown;

   (9) In the 2305–2315 MHz band, if portable devices comply with all of the
   following requirements, then paragraph (a)(2) of this section shall not
   apply to portable devices, which instead shall attenuate all emissions into
   the 2320–2345 MHz band by a factor of not less than 93 + 10 log (p) dB:

   (i) The portable device has a duty cycle of 12.5% or less, with at most a
   312.5 microsecond pulse every 2.5 milliseconds;

   (ii) The portable device must employ time division multiple access (TDMA)
   technology;

   (iii) The nominal peak transmit output power of the portable device is no
   more than 200 milliwatts (25 milliwatts average power);

   (iv) The portable device operates with the minimum power necessary for
   successful communications;

   (v) The nominal average base station transmit output power is no more than
   800 milliwatts when the base station antennas is located at a height of at
   least 8 meters (26.25 feet) above the ground;

   (vi)  Only  fixed  and  portable devices and services may be provided:
   vehicle-mounted units are not permitted; and

   (vii) Transmitting antennas shall employ linear polarization or another
   polarization that provides equivalent of better discrimination with respect
   to a DARS antenna;

   (10) The out-of-band emissions limits in paragraphs (a)(1) through (a)(9) of
   this section may be modified by the private contractual agreement of all
   affected licensees, who shall maintain a copy of the agreement in their
   station files and disclose it to prospective assignees or transferees and,
   upon request, to the Commission.

   (b) For WCS Satellite DARS operations: The limits set forth in §25.202(f) of
   this chapter shall apply, except that Satellite DARS operations shall be
   limited  to a maximum power flux density of −197 dBW/m^2 /4 kHz in the
   2370–2390 MHz band at Arecibo, Puerto Rico.

   (c) For operations in the 747 to 762 MHz band and the 777 to 792 MHz band,
   the  power of any emission outside the licensee's frequency band(s) of
   operation shall be attenuated below the transmitter power (P) within the
   licensed band(s) of operation, measured in watts, in accordance with the
   following:

   (1) On any frequency outside the 747 to 762 MHz band, the power of any
   emission shall be attenuated outside the band below the transmitter power
   (P) by at least 43 + 10 log (P) dB;

   (2) On any frequency outside the 777 to 792 MHz band, the power of any
   emission shall be attenuated outside the band below the transmitter power
   (P) by at least 43 + 10 log (P) dB;

   (3) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by a
   factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base
   and fixed stations;

   (4) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by a
   factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for
   mobile and portable stations;

   (5) Compliance with the provisions of paragraphs (c)(1) and (c)(2) of this
   section is based on the use of measurement instrumentation employing a
   resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands
   immediately  outside and adjacent to the frequency block, a resolution
   bandwidth of at least 30 kHz may be employed;

   (6) Compliance with the provisions of paragraphs (c)(3) and (c)(4) of this
   section is based on the use of measurement instrumentation such that the
   reading taken with any resolution bandwidth setting should be adjusted to
   indicate spectral energy in a 6.25 kHz segment.

   (d) For operations in the 746–747 MHz, 762–764 MHz, 776–777 MHz, and 792–794
   MHz bands, transmitters must meet the following emission limitations:

   (1) The adjacent channel power (ACP) requirements for transmitters designed
   for various channel sizes are shown in the following tables. Mobile station
   requirements apply to handheld, car mounted and control station units. The
   tables specify a value for the ACP as a function of the displacement from
   the channel center frequency and measurement bandwidth. In the following
   tables, “(s)” indicates a swept measurement may be used.

   6.25 kHz Mobile Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         6.25                           6.25  −40
         12.5                           6.25  −60
         18.75                          6.25  −60
         25.00                          6.25  −65
         37.50                         25.00  −65
         62.50                         25.00  −65
         87.50                         25.00  −65
         150.00                        100.00 −65
         250.00                        100.00 −65
         350.00                        100.00 −65
         >400 kHz to 12 MHz            30(s)  −75
         12 MHz to paired receive band 30(s)  −75
         In the paired receive band    30(s)  −100

   12.5 kHz Mobile Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         9.375                         6.25  −40
         15.625                        6.25  −60
         21.875                        6.25  −60
         37.50                         25.00 −60
         62.50                         25.00 −65
         87.50                         25.00 −65
         150.00                         100  −65
         250.00                         100  −65
         350.00                         100  −65
         >400 to 12 MHz                30(s) −75
         12 MHz to paired receive band 30(s) −75
         In the paired receive band    30(s) −100

   25 kHz Mobile Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         15.625                        6.25  −40
         21.875                        6.25  −60
         37.50                          25   −60
         62.50                          25   −65
         87.50                          25   −65
         150.00                         100  −65
         250.00                         100  −65
         350.00                         100  −65
         >400 kHz to 12 MHz            30(s) −75
         12 MHz to paired receive band 30(s) −75
         In the paired receive band    30(s) −100

   150 kHz Mobile Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP relative (dBc)
         100                        50   −40
         200                        50   −50
         300                        50   −50
         400                        50   −50
         600–1000                  30(s) −60
         1000 to receive band      30(s) −70
         In the receive band       30(s) −100

   6.25 kHz Base Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         6.25                          6.25  −40
         12.50                         6.25  −60
         18.75                         6.25  −60
         25.00                         6.25  −65
         37.50                          25   −65
         62.50                          25   −65
         87.50                          25   −65
         150.00                         100  −65
         250.00                         100  −65
         350.00                         100  −65
         >400 kHz to 12 MHz            30(s) −80
         12 MHz to paired receive band 30(s) −80
         In the paired receive band    30(s) −100

   12.5 kHz Base Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         9.375                         6.25  −40
         15.625                        6.25  −60
         21.875                        6.25  −60
         37.5                           25   −60
         62.5                           25   −65
         87.5                           25   −65
         150                            100  −65
         250                            100  −65
         350.00                         100  −65
         >400 kHz to 12 MHz            30(s) −80
         12 MHz to paired receive band 30(s) −80
         In the paired receive band    30(s) −100

   25 kHz Base Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         15.625                         6.25  −40
         21.875                         6.25  −60
         37.5                            25   −60
         62.5                            25   −65
         87.5                            25   −65
         150                            100   −65
         250                            100   −65
         350                           100.00 −65
         >400 kHz to 12 MHz            30(s)  −80
         12 MHz to paired receive band 30(s)  −80
         In the paired receive band    30(s)  −100

   150 kHz Base Transmitter ACP Requirements
   Offset from center
   frequency
   (kHz) Measurement bandwidth
   (kHz) Maximum ACP
   (dBc)
         100                   50   −40
         200                   50   −50
         300                   50   −55
         400                   50   −60
         600–1000             30(s) −65
         1000 to receive band 30(s) −75 (continues at −6dB/oct
         In the receive band  30(s) −100

   (2) ACP measurement procedure. The following procedures are to be followed
   for making ACP transmitter measurements. For time division multiple access
   (TDMA) systems, the measurements are to be made under TDMA operation only
   during time slots when the transmitter is on. All measurements must be made
   at the input to the transmitter's antenna. Measurement bandwidth used below
   implies an instrument that measures the power in many narrow bandwidths (
   e.g., 300 Hz) and integrates these powers across a larger band to determine
   power in the measurement bandwidth.

   (i)  Setting reference level. Using a spectrum analyzer capable of ACP
   measurements,  set  the measurement bandwidth to the channel size. For
   example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25
   kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz.
   Set the frequency offset of the measurement bandwidth to zero and adjust the
   center frequency of the spectrum analyzer to give the power level in the
   measurement bandwidth. Record this power level in dBm as the “reference
   power level”.

   (ii) Non-swept power measurement. Using a spectrum analyzer capable of ACP
   measurements, set the measurement bandwidth as shown in the tables above.
   Measure the ACP in dBm. These measurements should be made at maximum power.
   Calculate the coupled power by subtracting the measurements made in this
   step from the reference power measured in the previous step. The absolute
   ACP  values  must  be less than the values given in the table for each
   condition above.

   (iii) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution
   bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep ±MHz from
   the carrier frequency. Set the reference level to the RMS value of the
   transmitter power and note the absolute power. The response at frequencies
   greater than 600 kHz must be less than the values in the tables above.

   (3) Out-of-band emission limit. On any frequency outside of the frequency
   ranges covered by the ACP tables in this section, the power of any emission
   must be reduced below the unmodulated carrier power (P) by at least 43 + 10
   log (P) dB.

   (4) Authorized bandwidth. Provided that the ACP requirements of this section
   are met, applicants may request any authorized bandwidth that does not
   exceed the channel size.

   (e) For operations in the 746–764 MHz and 776–794 MHz bands, emissions in
   the  band  1559–1610  MHz  shall  be limited to −70 dBW/MHz equivalent
   isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP
   for discrete emissions of less than 700 Hz bandwidth. For the purpose of
   equipment authorization, a transmitter shall be tested with an antenna that
   is representative of the type that will be used with the equipment in normal
   operation.

   (f)  For operations in the 698–746 MHz band, the power of any emission
   outside a licensee's frequency band(s) of operation shall be attenuated
   below the transmitter power (P) within the licensed band(s) of operation,
   measured in watts, by at least 43 + 10 log (P) dB. Compliance with this
   provision is based on the use of measurement instrumentation employing a
   resolution  bandwidth of 100 kilohertz or greater. However, in the 100
   kilohertz bands immediately outside and adjacent to a licensee's frequency
   block, a resolution bandwidth of at least 30 kHz may be employed.

   (g) For operations in the 1710–1755 MHz and 2110–2155 MHz bands, the power
   of any emission outside a licensee's frequency block shall be attenuated
   below the transmitter power (P) by at least 43 + 10 log[10](P) dB.

   (1)  Compliance with this provision is based on the use of measurement
   instrumentation employing a resolution bandwidth of 1 megahertz or greater.
   However, in the 1 megahertz bands immediately outside and adjacent to the
   licensee's frequency block, a resolution bandwidth of at least one percent
   of the emission bandwidth of the fundamental emission of the transmitter may
   be employed. 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.

   (2) When measuring the emission limits, the nominal carrier frequency shall
   be adjusted as close to the licensee's frequency block edges, both upper and
   lower, as the design permits.

   (3) 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.

   (h) 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.

   (i)  For  operations in the unpaired 1390–1392 MHz band and the paired
   1392–1395 MHz and 1432–1435 MHz bands, the power of any emission outside the
   licensee's frequency band(s) of operation shall be attenuated below the
   transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these
   provisions is based on the procedures described in paragraph (a)(4) of this
   section.

   (j) For operations in the 1670–1675 MHz band, the power of any emission
   outside the licensee's frequency band(s) of operation shall be attenuated
   below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance
   with these provisions is based on the procedures described in paragraph
   (a)(4) of this section.

   (k) [Reserved]

   (l)  For  BRS and EBS stations, the power of any emissions outside the
   licensee's  frequency bands of operation shall be attenuated below the
   transmitter power (P) measured in watts. BRS and EBS stations that are not
   in  compliance  with the standards below, after receiving a documented
   interference complaint from an adjacent channel licensee, have 60 days to
   coordinate with the affected licensee and meet a mutual resolution before
   both parties employ a more rigorous emission mask.

   (1) Prior to the transition, and thereafter, solely within the MBS, for
   analog operations with an EIRP in excess of −9 dBW, the signal shall be
   attenuated at the channel edges by at least 38 dB relative to the peak
   visual carrier, then linearly sloping from that level to at least 60 dB of
   attenuation at 1 MHz below the lower band edge and 0.5 MHz above the upper
   band edge, and attenuated at least 60 dB at all other frequencies.

   (2) For fixed and temporary fixed digital stations, the attenuation shall be
   not less than 43 + 10 log (P) dB, unless a documented interference complaint
   is received from an adjacent channel licensee. Provided that the complaint
   cannot be mutually resolved between the parties, both licensees of existing
   and new systems shall reduce their out-of-band emissions by at least 67 + 10
   log  (P) dB measured at 3 MHz from their channel's edges for distances
   between stations exceeding 1.5 km. For stations separated by less than 1.5
   km, the new licensee shall reduce attenuation at least 67 + 10 log (P) − 20
   log(D[km]/1.5), or when colocated, limit the undesired signal level at the
   affected licensee's base station receiver(s) at the colocation site to no
   more  than  −107  dBm. Mobile Service Satellite licensees operating on
   frequencies  below  2495 MHz may also submit a documented interference
   complaint against BRS licensees operating on channel BRS1 on the same terms
   and conditions as adjacent channel BRS or EBS licensees.

   (3)  Prior  to  transition  and  thereafter solely within the MBS, and
   notwithstanding paragraph (l)(2) of this section, the maximum out-of-band
   power of a digital transmitter operating on a single 6 MHz channel with an
   EIRP  in excess of −9 dBW employing digital modulation for the primary
   purpose of transmitting video programming shall be attenuated at the 6 MHz
   channel edges at least 25 dB relative to the licensed average 6 MHz channel
   power level, then attenuated along a linear slope to at least 40 dB at 250
   kHz beyond the nearest channel edge, then attenuated along a linear slope
   from that level to at least 60 dB at 3 MHz above the upper and below the
   lower licensed channel edges, and attenuated at least 60 dB at all other
   frequencies.

   (4) For mobile digital stations, the attenuation factor shall be not less
   than 43 + 10 log (P) dB at the channel edge and 55 + 10 log (P) dB at 5.5
   MHz from the channel edges. Mobile Service Satellite licensees operating on
   frequencies  below  2495 MHz may also submit a documented interference
   complaint against BRS licensees operating on channel BRS1 on the same terms
   and conditions as adjacent channel BRS or EBS licensees.

   (5) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) of this
   section, prior to transition, a licensee may continue to operate facilities
   deployed as of January 10, 2005 provided that such facilities operate in
   compliance with the emission mask applicable to those services prior to
   January 10, 2005.

   (6) 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. With
   respect to television operations, measurements must be made of the separate
   visual and aural operating powers at sufficiently frequent intervals to
   ensure compliance with the rules.

   (7) 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.

   (m) 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.

   [ 62 FR 16497 , Apr. 7, 1997, as amended at  65 FR 3147 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;  65 FR 42883 , July 12, 2000;  67 FR 5511 , Feb. 6, 2002;
    67 FR 41855 , June 20, 2002;  69 FR 5715 , Feb. 6, 2004;  69 FR 72033 , Dec. 10,
   2004;  69 FR 77950 , Dec. 29, 2004;  70 FR 1190 , Jan. 6, 2005;  70 FR 21664 ,
   Apr. 27, 2005;  71 FR 35190 , June 19, 2006]

§ 27.54   Frequency stability.

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   The frequency stability shall be sufficient to ensure that the fundamental
   emissions stay within the authorized bands of operation.

§ 27.55   Signal strength limits.

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   Link to an amendment published at  72 FR 48852 , Aug. 24, 2007.

   (a)  Field  strength limits. For the following bands, the predicted or
   measured median field strength at any location on the geographical border of
   a licensee's service area shall not exceed the value specified unless the
   adjacent affected service area licensee(s) agree(s) to a different field
   strength. This value applies to both the initially offered service areas and
   to partitioned service areas.

   (1) 2110–2155, 2305–2320 and 2345–2360 MHz bands: 47 dBµV/m.

   (2) 698–764 and 776–794 MHz bands: 40 dBµV/m.

   (3)  The paired 1392–1395 MHz and 1432–1435 MHz bands and the unpaired
   1390–1392 MHz band (1.4 GHz band): 47 dBµV/m.

   (4) BRS and EBS: The predicted or measured median field strength at any
   location on the geographical border of a licensee's service area shall not
   exceed  the  value specified unless the adjacent affected service area
   licensee(s) agree(s) to a different field strength. This value applies to
   both the initially offered services areas and to partitioned services areas.
   Licensees may exceed this signal level where there is no affected licensee
   that is constructed and providing service. Once the affected licensee is
   providing service, the original licensee will be required to take whatever
   steps  necessary  to comply with the applicable power level at its GSA
   boundary, absent consent from the affected licensee.

   (i)  Prior  to  transition, the signal strength at any point along the
   licensee's GSA boundary does not exceed the greater of that permitted under
   the licensee's Commission authorizations as of January 10, 2005 or 47 dB
   [mµ]V/m.

   (ii) Following transition, for stations in the LBS and UBS, the signal
   strength at any point along the licensee's GSA boundary must not exceed 47
   dB[mµ]V/m. This field strength is to be measured at 1.5 meters above the
   ground  over  the  channel bandwidth ( i.e. , each 5.5 MHz channel for
   licensees that hold a full channel block, and for the 5.5 MHz channel for
   licensees that hold individual channels).

   (iii) Following transition, for stations in the MBS, the signal strength at
   any  point  along  the licensee's GSA boundary must not exceed −73.0 +
   10log(X/6) dBW/m^2 , where X is the bandwidth in MHz of the channel.

   (b) Power flux density limit for stations operating in the 698–746 MHz
   bands. For base and fixed stations operating in the 698–746 MHz band in
   accordance with the provisions of §27.50(c)(6), the power flux density that
   would be produced by such stations through a combination of antenna height
   and vertical gain pattern must not exceed 3000 microwatts per square meter
   on the ground over the area extending to 1 km from the base of the antenna
   mounting structure.

   (c) Power flux density limit for stations operating in the 747–762 and
   777–792 MHz bands . For base and fixed stations operating in the 747–762 and
   777–792 MHz bands in accordance with the provisions of §27.50(b)(6), the
   power  flux  density that would be produced by such stations through a
   combination of antenna height and vertical gain pattern must not exceed 3000
   microwatts per square meter on the ground over the area extending to 1 km
   from the base of the antenna mounting structure.

   [ 69 FR 5715 , Feb. 6, 2004, as amended at  69 FR 72034 , Dec. 10, 2004;  72 FR 27712 , May 16, 2007]

§ 27.56   Antenna structures; air navigation safety.

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   A licensee that owns its antenna structure(s) must not allow such antenna
   structure(s) 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, the 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. For any
   construction or alteration that would exceed the requirements of section
   17.7 of this chapter, licensees must notify the appropriate Regional Office
   of the Federal Aviation Administration (FAA Form 7460–1) and file a request
   for  antenna  height  clearance  and  obstruction marking and lighting
   specifications  (FCC Form 854) with the FCC, WTB, 1270 Fairfield Road,
   Gettysburg, PA 17325.

   (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.

§ 27.57   International coordination.

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   Link to an amendment published at  72 FR 48852 , Aug. 24, 2007.

   (a) WCS operations in the border areas shall be subject to coordination with
   those  countries  and provide protection to non-U.S. operations in the
   2305–2320 and 2345–2360 MHz bands as appropriate. In addition, satellite
   DARS operations in WCS spectrum shall be subject to international satellite
   coordination procedures.

   (b)  Operation  in the 698–764 MHz and 776–794 MHz bands is subject to
   international  agreements  between Mexico and Canada. Unless otherwise
   modified by international treaty, licenses must not cause interference to,
   and must accept harmful interference from, television broadcast operations
   in Mexico and Canada.

   (c) Operation in the 1710–1755 MHz and 2110–2155 MHz bands is subject to
   international agreements with Mexico and Canada.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  67 FR 5511 , Feb. 6, 2002;  69 FR 5715 , Feb. 6, 2004]

§ 27.58   Interference to BRS/EBS receivers.

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   (a)  WCS  licensees  shall  bear  full  financial obligation to remedy
   interference  to  BRS/EBS block downconverters if all of the following
   conditions are met:

   (1) The complaint is received by the WCS licensee prior to February 20,
   2002;

   (2) The BRS/EBS downconverter was installed prior to August 20, 1998;

   (3) The WCS fixed or land station transmits at 50 or more watts peak EIRP;

   (4) The BRS/EBS downconverter is located within a WCS transmitter's free
   space power flux density contour of −34 dBW/m^2 ; and

   (5) The BRS/EBS customer or licensee has informed the WCS licensee of the
   interference  within  one  year  from the initial operation of the WCS
   transmitter or within one year from any subsequent power increases at the
   WCS station.

   (b) Resolution of the complaint shall be at no cost to the complainant.

   (c) Two or more WCS licensees collocating their antennas on the same tower
   shall assume shared responsibility for remedying interference complaints
   within the area determined by paragraph (a)(4) of this section unless an
   offending station can be readily determined and then that station shall
   assume full financial responsibility.

   (d) If the WCS licensee cannot otherwise eliminate interference caused to
   BRS/EBS  reception,  then that licensee must cease operations from the
   offending WCS facility.

   (e)  At  least 30 days prior to commencing operations from any new WCS
   transmission site or with increased power from any existing WCS transmission
   site, a WCS licensee shall notify all BRS/EBS licensees in or through whose
   licensed service areas they intend to operate of the technical parameters of
   the WCS transmission facility. WCS and BRS/EBS licensees are expected to
   coordinate voluntarily and in good faith to avoid interference problems and
   to allow the greatest operational flexibility in each other's operations.

   [ 62 FR 16498 , Apr. 7, 1997, as amended at  69 FR 72034 , Dec. 10, 2004]

§ 27.59   [Reserved]

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§ 27.60   TV/DTV interference protection criteria.

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   Link to an amendment published at  72 FR 48852 , Aug. 24, 2007.

   Base, fixed, control, and mobile transmitters in the 698–764 MHz and 776–794
   MHz frequency bands must be operated only in accordance with the rules in
   this section to reduce the potential for interference to public reception of
   the signals of existing TV and DTV broadcast stations transmitting on TV
   Channels 51 through 68.

   (a) D/U ratios. Licensees must choose site locations that are a sufficient
   distance from co-channel and adjacent channel TV and DTV stations, and/or
   must use reduced transmitting power or transmitting antenna height such that
   the following minimum desired signal-to-undesired signal ratios (D/U ratios)
   are met.

   (1) The minimum D/U ratio for co-channel stations is:

   (i) 40 dB at the hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers
   (55 miles)) of the TV station;

   (ii) For transmitters operating in the 698–746 MHz frequency band, 23 dB at
   the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of
   the DTV station; or

   (iii)  For  transmitters  operating in the 746–764 MHz and 776–794 MHz
   frequency bands, 17 dB at the equivalent Grade B contour (41 dBµV/m) (88.5
   kilometers (55 miles)) of the DTV station.

   (2) The minimum D/U ratio for adjacent channel stations is 0 dB at the
   hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers (55 miles)) of the
   TV station or −23 dB at the equivalent Grade B contour (41 dBµV/m) (88.5
   kilometers (55 miles)) of the DTV station.

   (b) TV stations and calculation of contours. The methods used to calculate
   TV contours and antenna heights above average terrain are given in §§73.683
   and  73.684 of this chapter. Tables to determine the necessary minimum
   distance from the 698–764 MHz or 776–794 MHz station to the TV/DTV station,
   assuming that the TV/DTV station has a hypothetical or equivalent Grade B
   contour  of 88.5 kilometers (55 miles), are located in §90.309 of this
   chapter and labeled as Tables B, D, and E. Values between those given in the
   tables may be determined by linear interpolation. Distances for station
   parameters greater than those indicated in the tables should be calculated
   in accordance with the required D/U ratios, as provided in paragraph (a) of
   this section. The locations of existing and proposed TV/DTV stations during
   the period of transition from analog to digital TV service are given in part
   73 of this chapter and in the final proceedings of MM Docket No. 87–268.

   (1) Licensees of stations operating within the ERP and HAAT limits of §27.50
   must select one of four methods to meet the TV/DTV protection requirements,
   subject to Commission approval:

   (i) Utilize the geographic separation specified in Tables B, D, and E of
   §90.309 of this chapter, as appropriate;

   (ii) When station parameters are greater than those indicated in the tables,
   calculate geographic separation in accordance with the required D/U ratios,
   as provided in paragraph (a) of this section;

   (iii) Submit an engineering study justifying the proposed separations based
   on the parameters of the land mobile station and the parameters, including
   authorized and/or applied for facilities, of the TV/DTV station(s) it is
   trying to protect; or,

   (iv) Obtain written concurrence from the applicable TV/DTV station(s). If
   this method is chosen, a copy of the agreement must be submitted with the
   application.

   (2) The following is the method for geographic separations.

   (i) Base and fixed stations that operate in the 746–764 MHz and 777–792 MHz
   bands having an antenna height (HAAT) less than 152 m. (500 ft.) shall
   afford protection to co-channel and adjacent channel TV/DTV stations in
   accordance with the values specified in Table B (co-channel frequencies
   based on 40 dB protection) and Table E (adjacent channel frequencies based
   on 0 dB protection) in §90.309 of this chapter. Base and fixed stations that
   operate in the 698–746 MHz band having an antenna height (HAAT) less than
   152 m. (500 ft.) shall afford protection to adjacent channel DTV stations in
   accordance with the values specified in Table E in §90.309 of this chapter,
   shall  afford protection to co-channel DTV stations by providing 23 dB
   protection to such stations' equivalent Grade B contour (41 dBµV/m), and
   shall afford protection to co-channel and adjacent channel TV stations in
   accordance with the values specified in Table B (co-channel frequencies
   based on 40 dB protection) and Table E (adjacent channel frequencies based
   on 0 dB protection) in §90.309 of this chapter. For base and fixed stations
   having an antenna height (HAAT) between 152–914 meters (500–3,000 ft.) the
   effective radiated power must be reduced below 1 kilowatt in accordance with
   the values shown in the power reduction graph in Figure B in §90.309 of this
   chapter. For heights of more than 152 m. (500 ft.) above average terrain,
   the distance to the radio path horizon will be calculated assuming smooth
   earth. If the distance so determined equals or exceeds the distance to the
   hypothetical or equivalent Grade B contour of a co-channel TV/DTV station (
   i.e. , it exceeds the distance from the appropriate Table in §90.309 of this
   chapter  to the relevant TV/DTV station), an authorization will not be
   granted unless it can be shown in an engineering study ( see paragraph
   (b)(1)(iii) of this section) that actual terrain considerations are such as
   to provide the desired protection at the actual Grade B contour (64 dBµV/m
   for TV and 41 dBµV/m for DTV stations) or unless the effective radiated
   power will be further reduced so that, assuming free space attenuation, the
   desired protection at the actual Grade B contour (64 dBµV/m for TV and 41
   dBµV/m coverage contour for DTV stations) will be achieved. Directions for
   calculating powers, heights, and reduction curves are listed in §90.309 of
   this chapter for land mobile stations. Directions for calculating coverage
   contours  are listed in §§73.683 through 73.685 of this chapter for TV
   stations and in §73.625 of this chapter for DTV stations.

   (ii) Control, fixed, and mobile stations (including portables) that operate
   in the 776–777 MHz and 792–794 MHz bands and control and mobile stations
   (including portables) that operate in the 698–746 MHz, 747–762 MHz and
   777–792 MHz bands are limited in height and power and therefore shall afford
   protection  to  co-channel and adjacent channel TV/DTV stations in the
   following manner:

   (A) For control, fixed, and mobile stations (including portables) that
   operate in the 776–777 MHz and 792–794 MHz bands and control and mobile
   stations (including portables) that operate in the 747–762 MHz and 777–792
   MHz band, co-channel protection shall be afforded in accordance with the
   values  specified  in  Table  D (co-channel frequencies based on 40 dB
   protection for TV stations and 17 dB for DTV stations) in §90.309 of this
   chapter.

   (B) For control and mobile stations (including portables) that operate in
   the 698–746 MHz band, co-channel protection shall be afforded to TV stations
   in accordance with the values specified in Table D (co-channel frequencies
   based on 40 dB protection) and to DTV stations by providing 23 dB protection
   to such stations' equivalent Grade B contour (41 dBµV/m).

   (C) For control, fixed, and mobile stations (including portables) that
   operate in the 776–777 MHz and 792–794 MHz bands and control and mobile
   stations (including portables) that operate in the 698–746 MHz, 747–762 MHz,
   and 777–792 MHz band, adjacent channel protection shall be afforded by
   providing a minimum distance of 8 kilometers (5 miles) from all adjacent
   channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent
   channel frequencies based on 0 dB protection for TV stations and −23 dB for
   DTV stations).

   (D) Since control, fixed, and mobile stations may affect different TV/DTV
   stations than the associated base or fixed station, particular care must be
   taken by applicants/licensees to ensure that all appropriate TV/DTV stations
   are considered (e.g., a base station may be operating within TV Channel 62
   and the mobiles within TV Channel 67, in which case TV Channels 61, 62, 63,
   66, 67 and 68 must be protected). Control, fixed, and mobile stations shall
   keep a minimum distance of 96.5 kilometers (60 miles) from all adjacent
   channel TV/DTV stations. Since mobiles and portables are able to move and
   communicate with each other, licensees must determine the areas where the
   mobiles can and cannot roam in order to protect the TV/DTV stations.

   Note to §27.60: The 88.5 km (55 mi) Grade B service contour (64 dBµV/m) is
   based on a hypothetical TV station operating at an effective radiated power
   of one megawatt, a transmitting antenna height above average terrain of 610
   meters (2000 feet) and the Commission's R–6602 F(50,50) curves. See §73.699
   of this chapter. Maximum facilities for TV stations operating in the UHF
   band are 5 megawatts effective radiated power at an antenna HAAT of 610
   meters (2,000 feet). See §73.614 of this chapter. The equivalent contour for
   DTV stations is based on a 41 dBµV/m signal strength and the distance to the
   F (50,90) curve. See §73.625 of this chapter.

   [ 65 FR 3148 , Jan. 20, 2000, as amended at  65 FR 17605 , Apr. 4, 2000;  65 FR 42883 , July 12, 2000;  67 FR 5511 , Feb. 6, 2002;  69 FR 59535 , Oct. 4, 2004]

§§ 27.61-27.62   [Reserved]

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§ 27.63   Disturbance of AM broadcast station antenna patterns.

   top

   AWS and WCS licensees that construct or modify towers in the immediate
   vicinity of AM broadcast stations are responsible for measures necessary to
   correct disturbance of the AM station antenna pattern which causes operation
   outside of the radiation parameters specified by the FCC for the AM station,
   if  the  disturbance  occurred  as  a  result  of such construction or
   modification.

   (a) Non-directional AM stations. If tower construction or modification is
   planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast
   station tower, the AWS or WCS licensee must notify the licensee of the AM
   broadcast station in advance of the planned construction or modification.
   Measurements  must  be  made  to determine whether the construction or
   modification would affect the AM station antenna pattern. The AWS or WCS
   licensee is responsible for the installation and continued maintenance of
   any  detuning  apparatus  necessary  to restore proper non-directional
   performance of the AM station tower.

   (b)  Directional AM stations. If tower construction or modification is
   planned  within 3 kilometers (1.9 miles) of a directional AM broadcast
   station array, the AWS or WCS licensee must notify the licensee of the AM
   broadcast station in advance of the planned construction or modification.
   Measurements  must  be  made  to determine whether the construction or
   modification would affect the AM station antenna pattern. The AWS or WCS
   licensee is responsible for the installation and continued maintenance of
   any detuning apparatus necessary to restore proper performance of the AM
   station array.

   [ 69 FR 5715 , Feb. 6, 2004]

§ 27.64   Protection from interference.

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   Wireless Communications Service (WCS) stations operating in full accordance
   with  applicable  FCC  rules  and  the  terms  and conditions of their
   authorizations are normally considered to be non-interfering. If the FCC
   determines, however, that interference which significantly interrupts or
   degrades  a radio service is being caused, it may, after notice and an
   opportunity for a hearing, require modifications to any WCS station as
   necessary to eliminate such interference.

   (a) Failure to operate as authorized. Any licensee causing interference to
   the service of other stations by failing to operate its station in full
   accordance with its authorization and applicable FCC rules shall discontinue
   all transmissions, except those necessary for the immediate safety of life
   or property, until it can bring its station into full compliance with the
   authorization and rules.

   (b) Intermodulation interference. Licensees should attempt to resolve such
   interference by technical means.

   (c)  Situations in which no protection is afforded. Except as provided
   elsewhere in this part, no protection from interference is afforded in the
   following situations:

   (1)  Interference  to  base receivers from base or fixed transmitters.
   Licensees should attempt to resolve such interference by technical means or
   operating arrangements.

   (2) Interference to mobile receivers from mobile transmitters. No protection
   is provided against mobile-to-mobile interference.

   (3) Interference to base receivers from mobile transmitters. No protection
   is provided against mobile-to-base interference.

   (4) Interference to fixed stations. Licensees should attempt to resolve such
   interference by technical means or operating arrangements.

   (5) Anomalous or infrequent propagation modes. No protection is provided
   against interference caused by tropospheric and ionospheric propagation of
   signals.

§ 27.66   Discontinuance, reduction, or impairment of service.

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   (a) Involuntary act. If the service provided by a fixed common carrier
   licensee, or a fixed common carrier operating on spectrum licensed to a
   Guard Band Manager, is involuntarily discontinued, reduced, or impaired for
   a  period  exceeding  48  hours, the licensee must promptly notify the
   Commission, in writing, as to the reasons for discontinuance, reduction, or
   impairment of service, including a statement when normal service is to be
   resumed. When normal service is resumed, the licensee must promptly notify
   the Commission.

   (b) Voluntary act by common carrier. If a fixed common carrier licensee, or
   a  fixed common carrier operating on spectrum licensed to a Guard Band
   Manager,  voluntarily  discontinues,  reduces, or impairs service to a
   community or part of a community, it must obtain prior authorization as
   provided under §63.71 of this chapter. An application will be granted within
   31 days after filing if no objections have been received.

   (c) Voluntary act by non-common carrier. If a fixed non-common carrier
   licensee, or a fixed non-common carrier operating on spectrum licensed to a
   Guard Band Manager, voluntarily discontinues, reduces, or impairs service to
   a community or part of a community, it must given written notice to the
   Commission within seven days.

   (d) Notifications and requests. Notifications and requests identified in
   paragraphs(a)  through  (c) of this section should be sent to: Federal
   Communications Commission, Common Carrier Radio Services, 1270 Fairfield
   Road, Gettysburg, Pennsylvania, 17325.

   [ 65 FR 3149 , Jan. 20, 2000;  65 FR 12483 , Mar. 9, 2000, as amended at  65 FR 17605 , Apr. 4, 2000;  65 FR 57267 , Sept. 21, 2000]

§ 27.70   Information exchange.

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   Link to an amendment published at  72 FR 48853 , Aug. 24, 2007.

   (a) Prior notification. Public safety licensees authorized to operate in the
   764–776 MHz and 794–806 MHz bands may notify any licensee authorized to
   operate in the 747–762 or 777–792 MHz bands that they wish to receive prior
   notification of the activation or modification of the licensee's base or
   fixed stations in their area. Thereafter, the 747–762 or 777–792 MHz band
   licensee  must  provide the following information to the public safety
   licensee at least 10 business days before a new base or fixed station is
   activated or an existing base or fixed station is modified:

   (1) Location;

   (2) Effective radiated power;

   (3) Antenna height; and

   (4) Channels available for use.

   (b) Purpose of prior notification. The prior coordination of base or fixed
   stations is for informational purposes only. Public safety licensees are not
   afforded the right to accept or reject the activation of a proposed base or
   fixed  station  or  to  unilaterally  require changes in its operating
   parameters. The principal purposes of notification are to:

   (1) Allow a public safety licensee to advise the 747–762 or 777–792 MHz band
   licensee whether it believes a proposed base or fixed station will generate
   unacceptable interference;

   (2) Permit 747–762 and 777–792 MHz band licensees to make voluntary changes
   in base or fixed station parameters when a public safety licensee alerts
   them to possible interference; and

   (3) Rapidly identify the source if interference is encountered when the base
   or fixed station is activated.

   [ 72 FR 27712 , May 16, 2007]

Subpart D—Competitive Bidding Procedures for the 2305–2320 MHz and 2345–2360
MHz Bands

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§ 27.201   WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to
competitive bidding.

   top

   Mutually exclusive initial applications for WCS licenses in the 2305–2320
   MHz and 2345–2360 MHz bands 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 45373 , July 9, 2002]

§§ 27.202-27.208   [Reserved]

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§ 27.209   Designated entities; bidding credits; unjust enrichment.

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   (a) Designated entities entitled to preferences in the WCS in the 2305–2320
   and 2345–2360 bands auction are small businesses and very small businesses
   as defined in §27.110(b). Designated entities will be eligible for bidding
   credits, as defined in paragraphs (b) and (c) of this section.

   (b) A winning bidder that qualifies as a small business may use a bidding
   credit of 25 percent to lower the cost of its winning bid.

   (c) A winning bidder that qualifies as a very small business may use a
   bidding credit of 35 percent to lower the cost of its winning bid.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 2349 , Jan. 15, 1998;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July 9, 2002]

§ 27.210   Definitions

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   (a)  Scope.  The  definitions in this section apply to §27.209, 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 controlling interests, 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 controlling interests, has average annual gross revenues that are not
   more than $15 million for the preceding three years.

   [ 67 FR 45373 , July 9, 2002, as amended at  68 FR 43000 , July 21, 2003]

Subpart E—Application, Licensing, and Processing Rules for WCS

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§ 27.301   [Reserved]

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§ 27.302   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 those laws, including
   §27.12;

   (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 WCS authorization may not be granted to or held by an
   entity not meeting the requirements of section 310 of the Communications Act
   of 1934, as amended, 47 U.S.C. section 310 insofar as applicable to the
   particular service in question.

§ 27.303   Upper 700 MHz commercial and public safety coordination zone.

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   Link to an amendment published at  72 FR 48853 , Aug. 24, 2007.

   (a) General. CMRS operators are required, prior to commencing operations on
   fixed or base station transmitters on the 777–792 MHz band that are located
   within  500  meters  of existing or planned public safety base station
   receivers,  to  submit  a  description of their proposed facility to a
   Commission-approved public safety coordinator.

   (1) The description must include, at a minimum;

   (i) The frequency or frequencies on which the facility will operate;

   (ii) Antenna location and height;

   (iii) Type of emission;

   (iv) Effective radiated power;

   (v) A description of the area served and the operator's name.

   (2) It is the CMRS operator's responsibility to determine whether referral
   is required for stations constructed in its area of license. Public safety
   base stations are considered “planned” when public safety operators have
   notified, or initiated coordination with, a Commission-approved public
   safety coordinator.

   (b) CMRS operators must wait at least 10 business days after submission of
   the required description before commencing operations on the referenced
   facility, or implementing modifications to an existing facility.

   (c) The potential for harmful interference between the CMRS and public
   safety facilities will be evaluated by the public safety coordinator.

   (1) With regard to existing public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification) to be
   located within 500 meters of the public safety facilities will be presumed
   correct,  but  the  CMRS  operator  may seek Commission review of such
   determinations.  Pending Commission review, the CMRS operator will not
   activate the facility or implement proposed modifications.

   (2) With regard to proposed public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification) to be
   located within 500 meters of the public safety facilities will be presumed
   correct, but the CMRS operator may seek Commission review and, pending
   completion of review, operate the facility during construction of the public
   safety  facilities.  If coordination or Commission review has not been
   completed when the public safety facilities are ready to operate, the CMRS
   operator  must  cease operations pending completion of coordination or
   Commission review. Such interim operation of the CMRS facility within the
   coordination zone (or implementation of modifications) will not be relied on
   by the Commission in its subsequent review and determination of measures
   necessary to control interference, including relocation or modification of
   the CMRS facility.

   (d) If, in the event of harmful interference between facilities located
   within 500 meters proximity, the parties are unable, with the involvement of
   the  coordinator,  to  resolve  the  problem  by mutually satisfactory
   arrangements, the Commission may impose restrictions on the operations of
   any of the parties involved.

   [ 67 FR 49245 , July 30, 2002]

§§ 27.304-27.307   [Reserved]

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§ 27.308   Technical content of applications.

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   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 WCS license
   must also comply with all technical requirements of the rules governing the
   applicable frequency band (see subparts C, D, F, and G of this part, as
   appropriate).

   [ 65 FR 57268 , Sept. 21, 2000]

§§ 27.310-27.320   [Reserved]

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§ 27.321   Mutually exclusive applications.

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   (a) Two or more pending applications are mutually exclusive if the grant of
   one application would effectively preclude the grant of one or more of the
   others under the Commission's rules governing the Wireless Communications
   Services  involved. The Commission uses the general procedures in this
   section for processing mutually exclusive applications in the Wireless
   Communications Services.

   (b) 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.

§§ 27.322-27.325   [Reserved]

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Subpart F—Competitive Bidding Procedures for the 698–806 MHz Band

   top

   Source:    65 FR 3149 , Jan. 20, 2000, unless otherwise noted.

§ 27.501   746–764 MHz and 776–794 MHz bands subject to competitive bidding.

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   Link to an amendment published at  72 FR 48853 , Aug. 24, 2007.

   Mutually exclusive initial applications for licenses in the 746–764 MHz and
   776–794  MHz  bands  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.

   [ 68 FR 43000 , July 21, 2003]

§ 27.502   Designated entities.

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   Eligibility for small business provisions.

   (a)  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.

   (b) 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.

   [ 67 FR 45374 , July 9, 2002, as amended at  68 FR 43000 , July 21, 2003]

Subpart G—Guard Band Service (746–747/776–777 MHz and 762–764/792–794 MHz
Bands)

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   Source:    65 FR 17605 , Apr. 4, 2000, unless otherwise noted.

§ 27.601   Authority and coordination requirements.

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   Link to an amendment published at  72 FR 48853 , Aug. 24, 2007.

   (a) Subject to the provisions of §27.2(b), a Guard Band licensee may allow a
   spectrum lessee, pursuant to a spectrum lease arrangement under part 1,
   subpart  X  of  this chapter, to construct and operate stations at any
   available site within the licensed area and on any channel for which the
   Guard  Band  licensee  is licensed, provided such stations comply with
   Commission Rules and coordination requirements.

   (b) Subject to the provisions of §27.2(b), a Guard Band licensee may allow a
   spectrum lessee, pursuant to a spectrum lease arrangement under part 1,
   subpart  X  of  this  chapter, to delete, move or change the operating
   parameters of any of the user's stations that are covered under the Guard
   Band licensee's authorization without prior Commission approval, provided
   such stations comply with Commission Rules and coordination requirements.

   (c) Frequency Coordination. 

   (1) A Guard Band licensee, or a spectrum lessee operating pursuant to a
   spectrum lease arrangement under §§1.9030 and 1.9035 of this chapter, must
   notify Commission-recognized public safety frequency coordinators for the
   700 MHz Public Safety band and adjacent-area Guard Band licensees within one
   business day after the licensee or the spectrum lessee has:

   (i) Coordinated a new station or modification of an existing station; or

   (ii)  Filed  an application for an individual station license with the
   Commission.

   (2) The notification required in paragraph (c)(1) of this section must
   include, at a minimum—

   (i) The frequency or frequencies coordinated;

   (ii) Antenna location and height;

   (iii) Type of emission;

   (iv) Effective radiated power;

   (v) A description of the service area, date of coordination, and user name
   or, in the alternative, a description of the type of operation.

   (3) In the event a licensee partitions its service area or disaggregates its
   spectrum, it is required to submit the notification required in paragraph
   (c)(1) of this section to other Guard Band licensees in the same geographic
   area.

   (4) Entities coordinated by a Guard Band licensee, or a spectrum lessee
   operating pursuant to a spectrum lease arrangement under §§1.9030 and 1.9035
   of this chapter, must wait at least 10 business days after the notification
   required in paragraph (c)(1) of this section before operating under the
   license.

   (d) Where a deletion, move or change authorized under paragraph (b) of this
   section constitutes a discontinuance, reduction, or impairment of service
   under §27.66 or where discontinuance, reduction or impairment of service
   results from an involuntary act subject to §27.66(a), the licensee must
   comply with the notification and authorization requirements set forth in
   that section.

   [ 72 FR 27712 , May 16, 2007]

§ 27.602   Lease agreements.

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   Guard Band licensees may enter into spectrum leasing arrangements under part
   1, subpart X of this chapter regarding the use of their licensed spectrum by
   spectrum lessees, subject to the following conditions:

   (a) The spectrum lease agreement between the licensee and the spectrum
   lessee must specify in detail the operating parameters of the spectrum
   lessee's system, including power, maximum antenna heights, frequencies of
   operation,  base  station location(s), area(s) of operation, and other
   parameters specified in Commission rules for the use of spectrum identified
   in §27.5(b)(1) and (b)(2).

   (b) The spectrum lease agreement must require the spectrum lessee to use
   Commission-approved   equipment  where  appropriate  and  to  complete
   post-construction proofs of system performance prior to system activation.

   [ 72 FR 27713 , May 16, 2007]

§ 27.604   Limitation on licenses won at auction.

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   (a) For the first auction of licenses in Blocks A and B, as defined in
   §27.5, no applicant may be deemed the winning bidder of both a Block A and a
   Block B license in a single geographic service area.

   (b) For purposes of paragraph (a) of this section, licenses will be deemed
   to be won by the same bidder if an entity that wins one license at the
   auction is an affiliate of any other entity that wins a license at the
   auction.

§ 27.607   Performance requirements and annual reporting requirement.

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   (a)  Guard  Band licensees are subject to the performance requirements
   specified in §27.14(a).

   (b) Guard Band licensees are required to file an annual report providing the
   Commission with information about the manner in which their spectrum is
   being  utilized.  Such reports shall be filed with the Commission on a
   calendar year basis, no later than the March 1 following the close of each
   calendar year, unless another filing date is specified by Public Notice.

   (c)  Guard  Band  licensees  must, at a minimum, include the following
   information in their annual reports:

   (1) The total number of spectrum lessees;

   (2) The amount of the licensee's spectrum being used pursuant to spectrum
   lease agreements;

   (3) The nature of the spectrum use of the licensee's customers; and,

   (4) The length of term of each spectrum lease agreement, and whether the
   agreement is a spectrum manager lease agreement, or a de facto transfer
   lease agreement.

   (d) The specific information that licensees will provide and the procedures
   that they will follow in submitting their annual reports will be announced
   in a Public Notice issued by the Wireless Telecommunications Bureau.

   [ 72 FR 27713 , May 16, 2007]

Subpart H—Competitive Bidding Procedures for the 698–746 MHz Band

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   Source:    67 FR 5512 , Feb. 6, 2002, unless otherwise noted.

§ 27.701   698–746 MHz bands subject to competitive bidding.

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   Mutually exclusive initial applications for licenses in the 698–746 MHz band
   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 45374 , July 9, 2002]

§ 27.702   Designated entities.

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   (a) Eligibility for small business provisions. (1) An entrepreneur is an
   entity that, together with its controlling interests and affiliates, has
   average gross revenues not exceeding $3 million for the preceding three
   years. This definition applies only with respect to licenses in Block C
   (710–716 MHz and 740–746 MHz) as specified in §27.5(c)(1).

   (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.

   (3)  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.

   (b) Bidding credits . A winning bidder that qualifies as an entrepreneur, as
   defined  in this section, or a consortium of entrepreneurs may use the
   bidding credit specified in §1.2110(f)(2)(i) 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. 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.

   [ 67 FR 5512 , Feb. 6, 2002, as amended at  68 FR 43000 , July 21, 2003]

Subpart I—1.4 GHz Band

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   Source:    67 FR 41855 , June 20, 2002, unless otherwise noted.

§ 27.801   Scope.

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   This  subpart sets out the regulations governing service in the paired
   1392–1395 MHz and 1432–1435 MHz bands as well as the unpaired 1390–1392 MHz
   band (1.4 GHz band).

§ 27.802   Permissible communications.

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   Licensees in the paired 1392–1395 MHz and 1432–1435 MHz bands and unpaired
   1390–1392 MHz band are authorized to provide fixed or mobile service, except
   aeronautical mobile service, subject to the technical requirements of this
   subpart.

§ 27.803   Coordination requirements.

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   (a) Licensees in the 1.4 GHz band will be issued geographic area licenses in
   accordance with the service areas listed in §27.6(d) and (e).

   (b)  Licensees  in  the  1.4  GHz Service must file a separate station
   application with the Commission and obtain an individual station license,
   prior to construction or operation, of any station:

   (1) That requires submission of an Environmental Assessment under part 1,
   §1.1307 of this chapter;

   (2) That requires international coordination;

   (3) That operates in areas listed in part 1, §1.924 of this chapter; or

   (4) That requires approval of the Frequency Advisory Subcommittee (FAS) of
   the Interdepartment Radio Advisory Committee (IRAC). Stations that require
   FAS approval are as follows:

   (i) Licensees in the 1390–1392 MHz and 1392–1395 MHz band must receive FAS
   approval prior to operation of fixed sites or mobile units within the NTIA
   recommended protection radii of the Government sites listed in footnote
   US351 of §2.106 of this chapter.

   (ii) Licensees in the 1432–1435 MHz band must receive FAS approval, prior to
   operation  of  fixed sites or mobile units within the NTIA recommended
   protection radii of the Government sites listed in footnote US361 of §2.106
   of this chapter.

   (c) Prior to construction of a station, a licensee in the 1.4 GHz Band must
   register  with  the Commission any station antenna structure for which
   notification to the Federal Aviation Administration is required by part 17
   of this chapter.

   (d) It is the licensee's responsibility to determine whether an individual
   station needs referral to the Commission.

   (e) The application required in paragraph (b) of this chapter must be filed
   on the Universal Licensing System.

   [ 67 FR 41855 , June 20, 2002, as amended at  69 FR 17958 , Apr. 6, 2004]

§ 27.804   Field strength limits at WMTS facility.

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   For any operation in the 1392–1395 MHz band, the predicted or measured field
   strength—into the WMTS band at 1395–1400 MHz—shall not exceed 150 uV/m at
   the location of any registered WMTS healthcare facility. When performing
   measurements  to determine compliance with this provision, measurement
   instrumentation employing an average detector and a resolution bandwidth of
   1 MHz may be used, provided it accurately represents the true interference
   potential of the equipment.

§ 27.805   Geographic partitioning and spectrum disaggregation.

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   An entity that acquires a portion of a 1.4 GHz band licensee's geographic
   area  or  spectrum  subject  to  a geographic partitioning or spectrum
   disaggregation  agreement under §27.15 must function as a 1.4 GHz band
   licensee and is subject to the obligations and restrictions on the 1.4 GHz
   band license as set forth in this subpart.

§ 27.806   1.4 GHz service licenses subject to competitive bidding.

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   Mutually exclusive initial applications for 1.4 GHz Band licenses in the
   paired  1392–1395  MHz and 1432–1435 MHz bands as well as the unpaired
   1390–1392  MHz  band  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.

§ 27.807   Designated entities.

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   (a) Eligibility for small business provisions for 1.4 GHz band licenses in
   the paired 1392–1395 MHz and 1432–1435 MHz bands and the unpaired 1390–1392
   MHz band.

   (1) A very small business is an entity that, together with its controlling
   interests and affiliates, has average annual gross revenues not exceeding
   $15 million for the preceding three years.

   (2)  A small business is an entity that, together with its controlling
   interests and affiliates, has average annual gross revenues not exceeding
   $40 million for the preceding three years.

   (b)  Bidding credits . A winning bidder that qualifies as a very small
   business,  as  defined  in this section, or a consortium of very small
   businesses may use the bidding credit specified in §1.2110(f)(2)(ii) of this
   chapter. A winning bidder that qualifies as a small business, as defined in
   this section, or a consortium of small businesses may use the bidding credit
   specified in §1.2110(f)(2)(iii) of this chapter.

   [ 67 FR 41855 , June 20, 2002, as amended at  68 FR 43000 , July 21, 2003]

Subpart J—1670–1675 MHz Band

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   Source:    67 FR 41856 , June 20, 2002, unless otherwise noted.

§ 27.901   Scope.

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   This subpart sets out the regulations governing service in the 1670–1675 MHz
   band (1670–1675 MHz band).

§ 27.902   Permissible communications.

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   Licensees in the 1670–1675 MHz band are authorized to provide fixed or
   mobile service, except aeronautical mobile service, subject to the technical
   requirements of this subpart.

§ 27.903   Coordination requirements.

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   (a) The licensee in the 1670–1675 MHz band will be issued a geographic area
   license on a nationwide basis in accordance with §27.6(f).

   (b)  Licensees  in the 1670–1675 MHz band must file a separate station
   application with the Commission and obtain an individual station license,
   prior to construction or operation, of any station:

   (1) That requires submission of an Environmental Assessment under part 1,
   §1.1307 of this chapter;

   (2) That requires international coordination;

   (3) That operates in areas listed under part 1, §1.924 of this chapter.

   (c) The application required in paragraph (b) of this section must be filed
   on the Universal Licensing System.

   (d) Prior to construction of a station, a licensee must register with the
   Commission any station antenna structure for which notification to the
   Federal Aviation Administration is required by part 17 of this chapter.

   (e) It is the licensee's responsibility to determine whether an individual
   station requires referral to the Commission.

   [ 67 FR 41856 , June 20, 2002, as amended at  69 FR 17958 , Apr. 6, 2004]

§ 27.904   Geographic partitioning and spectrum disaggregation.

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   An  entity  that acquires a portion of a 1670–1675 MHz band licensee's
   geographic area or spectrum subject to a geographic partitioning or spectrum
   disaggregation agreement under §27.15 must function as a 1670–1675 MHz
   licensee and is subject to the obligations and restrictions on the 1670–1675
   MHz license as set forth in this subpart.

§ 27.905   1670–1675 MHz service licenses subject to competitive bidding.

   top

   Mutually exclusive initial applications for the 1670–1675 MHz Band license
   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.

§ 27.906   Designated entities.

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   (a) Eligibility for small business provisions. (1) A very small business is
   an entity that, together with its controlling interests and affiliates, has
   average annual gross revenues not exceeding $15 million for the preceding
   three years.

   (2)  A small business is an entity that, together with its controlling
   interests and affiliates, has average annual gross revenues not exceeding
   $40 million for the preceding three years.

   (b)  Bidding credits . A winning bidder that qualifies as a very small
   business,  as  defined  in this section, or a consortium of very small
   businesses may use the bidding credit specified in §1.2110(f)(2)(ii) of this
   chapter. A winning bidder that qualifies as a small business, as defined in
   this section, or a consortium of small businesses may use the bidding credit
   specified in §1.2110(f)(2)(iii) of this chapter.

   [ 67 FR 41856 , June 20, 2002, as amended at  68 FR 43000 , July 21, 2003]

Subpart K [Reserved]

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Subpart L—1710–1755 MHz, 2110–2155 MHz, 2160–2180 MHz Bands

   top

   Source:    69 FR 5716 , Feb. 6, 2004, unless otherwise noted.

Licensing and Competitive Bidding Provisions

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§ 27.1101   1710–1755 MHz and 2110–2155 MHz bands subject to competitive
bidding.

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   Mutually exclusive initial applications for 1710–1755 MHz and 2110–2155 MHz
   band licenses are subject to competitive bidding. The general competitive
   bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless
   otherwise provided in this subpart.

§ 27.1102   Designated Entities in the 1710–1755 MHz and 2110–2155 MHz bands.

   top

   (a) Eligibility for small business provisions. (1) A small business is an
   entity that, together with its affiliates, its controlling interests and the
   affiliates of its controlling interests, has average 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,
   its controlling interests and the affiliates of its controlling interests,
   has  average gross revenues that are not more than $15 million for the
   preceding three years.

   (b)  Bidding  credits.  (1) A winning bidder that qualifies as a small
   business, as defined in this section, or a consortium of small businesses
   may use a bidding credit of 15 percent, as specified in §1.2110(f)(2)(iii)
   of this chapter, to lower the cost of its winning bid on any of the licenses
   in this part.

   (2) A winning bidder that qualifies as a very small business, as defined in
   this section, or a consortium of very small businesses may use a bidding
   credit of 25 percent, as specified in §1.2110(f)(2)(ii) of this chapter, to
   lower the cost of its winning bid on any of the licenses in this part.

Relocation of Incumbents

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§ 27.1111   Relocation of fixed microwave service licensees in the 2110–2150
MHz band.

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   Part  22,  subpart  E  and part 101, subpart B of this chapter contain
   provisions governing the relocation of incumbent fixed microwave service
   licensees in the 2110–2150 MHz band.

   [ 71 FR 29835 , May 24, 2006]

Protection of Incumbent Operations

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§ 27.1131   Protection of Part 101 operations.

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   All AWS licensees, prior to initiating operations from any base or fixed
   station, must coordinate their frequency usage with co-channel and adjacent
   channel  incumbent,  Part 101 fixed-point-to-point microwave licensees
   operating in the 2110–2155 MHz band. Coordination shall be conducted in
   accordance with the provisions of §24.237 of this chapter.

§ 27.1132   Protection of incumbent operations in the 2150–2160/62 MHz band.

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   All AWS licensees, prior to initiating operations from any base or fixed
   station, shall follow the provisions of §27.1255 of this part.

   [ 71 FR 29835 , May 24, 2006]

§ 27.1133   Protection of Part 74 and Part 78 operations.

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   AWS operators must protect previously licensed Broadcast Auxiliary Service
   (BAS) or Cable Television Radio Service (CARS) operations in the adjacent
   2025–2110 MHz band. In satisfying this requirement AWS licensees must,
   before constructing and operating any base or fixed station, determine the
   location and licensee of all BAS or CARS stations authorized in their area
   of operation, and coordinate their planned stations with those licensees. In
   the event that mutually satisfactory coordination agreements cannot be
   reached,  licensees may seek the assistance of the Commission, and the
   Commission  may, at its discretion, impose requirements on one or both
   parties.

§ 27.1134   Protection of Federal Government operations.

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   (a) Protection of Department of Defense operations in the 1710–1755 MHz
   band. The Department of Defense (DoD) operates communications systems in the
   1710–1755 MHz band at 16 protected facilities, nationwide. AWS licensees
   must accept any interference received from these facilities and must protect
   the facilities from interference. AWS licensees shall protect the facilities
   from interference by restricting the operation of their base and fixed
   stations from any locations that could potentially permit AWS mobile, fixed,
   and  portable stations transmitting in the 1710–1755 MHz band to cause
   interference to government operations within the radii of operation of the
   16 facilities (the radii of operation of each facility is indicated in the
   third column of Table 1 immediately following paragraph (a)(3) of this
   section). In addition, AWS licensees shall be required to coordinate any
   operations that could permit mobile, fixed, and portable stations to operate
   in the specified areas of the 16 facilities, as defined in paragraph (a)(3)
   of this section. Protection of these facilities in this manner shall take
   place under the following conditions:

   (1) At the Yuma, Arizona and Cherry Point, North Carolina facilities, all
   operations shall be protected indefinitely.

   (2)  At  the remaining 14 facilities, airborne and military test range
   operations shall be protected until such time as these systems are relocated
   to other spectrum, and precision guided munitions (PGM) operations shall be
   protected until such time as these systems are relocated to other spectrum
   or until PGM inventory at each facility is exhausted, whichever occurs
   first.

   (3)  AWS licensees whose transmit operations in the 1710–1755 MHz band
   consist of fixed or mobile operations with nominal transmit EIRP values of
   100 mW or less and antenna heights of 1.6 meters above ground or less shall
   coordinate their services around the 16 sites at the distance specified in
   row a. of Table 2. AWS licensees whose transmit operations in the 1710–1755
   MHz band consist of fixed or mobile operations with nominal transmit EIRP
   values of 1 W or less and antenna heights of 10 meters above ground or less
   shall  coordinate  their  services around the 16 sites at the distance
   specified  in row b. of Table 2. These coordination distances shall be
   measured from the edge of the operational distances indicated in the third
   column of Table 1, and coordination with each affected DoD facility shall be
   accomplished through the Commander of the facility.

   Table 1—Protected Department of Defense Facilities
   Location Coordinates Radius of
   operation
   Cherry Point, NC 34°58' N 076°56' W 100
   Yuma, AZ 32°32' N 113°58' W 120
   China Lake, CA 35°41' N 117°41' W 120
   Eglin AFB, FL 30°29' N 086°31' W 120
   Pacific Missile Test Range/Point Mugu, CA 34°07' N 119°30' W 80
   Nellis AFB, NV 36°14' N 115°02' W 160
   Hill AFB, UT 41°07' N 111°58' W 160
   Patuxent River, MD 38°17' N 076°25' W 80
   White Sands Missile Range, NM 33°00' N 106°30' W 80
   Fort Irwin, CA 35°16' N 116°41' W 50
   Fort Rucker, AL 31°13' N 085°49' W 50
   Fort Bragg, NC 35°09' N 079°01' W 50
   Fort Campbell, KY 36°41' N 087°28' W 50
   Fort Lewis, WA 47°05' N 122°36' W 50
   Fort Benning, GA 32°22' N 084°56' W 50
   Fort Stewart, GA 31°52' N 081°37' W 50

   Table 2—Coordination Distances for the Protected Department Of Defense
   Facilities
   1710–1755 MHz transmit operations Coordination
   distance
   (km)
   a. EIRP <=100 mW, antenna height <=1.6 m AG 35
   b. EIRP <=1 W, antenna height <=10 m AG 55

   (b) Protection of non-DoD operations in the 1710–1755 MHz and 1755–1761 MHz
   bands. Until such time as non-DoD systems operating in the 1710–1755 MHz and
   1755–1761 MHz bands are relocated to other spectrum, AWS licensees shall
   protect  such  systems by satisfying the appropriate provisions of TIA
   Telecommunications  Systems  Bulletin 10–F, “Interference Criteria for
   Microwave Systems,” May, 1994 (TSB 10–F).

   (c)  Protection  of  Federal Government operations below 1710 MHz. AWS
   licensees operating fixed stations in the 1710–1755 MHz band, if notified
   that  such  stations  are causing interference to radiosonde receivers
   operating in the Meteorological Aids Service in the 1675–1700 MHz band or a
   meteorological-satellite    earth    receiver    operating    in   the
   Meteorological-Satellite  Service  in the 1675–1710 MHz band, shall be
   required to modify the stations' location and/or technical parameters as
   necessary to eliminate the interference.

   (d) Recognition of NASA Goldstone facility operations in the 2110–2120 MHz
   band. The National Aeronautics and Space Administration (NASA) operates the
   Deep Space Network (DSN) in the 2110–2120 MHz band at Goldstone, California
   ( see Table 3). NASA will continue its operations of high power transmitters
   (nominal EIRP of 105.5 dBW with EIRP up to 119.5 dBW used under emergency
   conditions) in this band at this location. AWS licensees must accept any
   interference received from the Goldstone DSN facility in this band.

   Table 3—Location of the NASA Goldstone Deep Space Facility
   Location Coordinates Maximum
   transmitter
   output power
   Goldstone, California 35°18' N 116°54' W 500 kW

§ 27.1135   Protection of non-Federal Government Meteorological-Satellite
operations.

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   AWS  licensees  operating fixed stations in the 1710–1755 MHz band, if
   notified    that   such   stations   are   causing   interference   to
   meteorological-satellite    earth    receivers    operating   in   the
   Meteorological-Satellite  Service  in the 1675–1710 MHz band, shall be
   required to modify the stations' location and/or technical parameters as
   necessary to eliminate the interference.

Cost-Sharing Policies Governing Microwave Relocation From the 2110–2150 MHz and
2160–2200 MHz Bands

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   Source:   Sections 27.1160 through 27.1174 appear at  71 FR 29835 , May 24,
   2006, unless otherwise noted.

§ 27.1160   Cost-sharing requirements for AWS.

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   Frequencies in the 2110–2150 MHz and 2160–2180 MHz bands listed in §101.147
   of this chapter have been reallocated from Fixed Microwave Services (FMS) to
   use by AWS (as reflected in §2.106) of this chapter. In accordance with
   procedures specified in §22.602 and §§101.69 through 101.82 of this chapter,
   AWS entities are required to relocate the existing microwave licensees in
   these bands if interference to the existing microwave licensee would occur.
   All AWS entities that benefit from the clearance of this spectrum by other
   AWS  entities  or by a voluntarily relocating microwave incumbent must
   contribute  to  such  relocation costs. AWS entities may satisfy their
   reimbursement requirement by entering into private cost-sharing agreements
   or agreeing to terms other than those specified in §27.1164. However, AWS
   entities  are  required to reimburse other AWS 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 §27.1162) from AWS entities or other Emerging Technologies (ET)
   entities, including Mobile Satellite Service (MSS) operators (for Ancillary
   Terrestrial Component (ATC) base stations), that are not parties to the
   agreement. The cost-sharing plan is in effect during all phases of microwave
   relocation  specified in §22.602 and 101.69 of this chapter. If an AWS
   licensee 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 AWS entity responsible for satisfying the
   cost-sharing obligations under §§27.1160–27.1174.

§ 27.1162   Administration of the Cost-Sharing Plan.

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   The Wireless Telecommunications Bureau, under delegated authority, will
   select  one  or  more entities to operate as a neutral, not-for-profit
   clearinghouse(s). This clearinghouse(s) will administer the cost-sharing
   plan by, inter alia, determining the cost-sharing obligation of AWS and
   other ET entities for the relocation of FMS incumbents from the 2110–2150
   MHz and 2160–2200 MHz bands. The clearinghouse filing requirements (see
   §§27.1166(a),  27.1170) will not take effect until an administrator is
   selected.

§ 27.1164   The cost-sharing formula.

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   An AWS 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:
   [er24my06.007.gif]

   View or download PDF

   (a) R Nequals the amount of reimbursement.

   (b) C equals the actual cost of relocating the link(s). 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.
   Increased recurring costs represent part of the actual cost of relocation
   and,  even  if  the  compensation to the incumbent is in the form of a
   commitment to pay five years of charges, the AWS or MSS/ATC relocator is
   entitled to seek immediate reimbursement of the lump sum amount based on
   present value using current interest rates, provided it has entered into a
   legally binding agreement to pay the charges. 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. Hard costs are defined as the actual costs
   associated  with providing a replacement system, such as equipment and
   engineering expenses. C may not exceed $250,000 per paired link, with an
   additional $150,000 permitted if a new or modified tower is required.

   (c) N equals the number of AWS and MSS/ATC entities that have triggered a
   cost-sharing obligation. For the AWS relocator, N =1. For the next AWS
   entity triggering a cost-sharing obligation, N =2, and so on. In the case of
   a voluntarily relocating microwave incumbent, N =1 for the first AWS entity
   triggering a cost-sharing obligation. For the next AWS or MSS/ATC entity
   triggering a cost-sharing obligation, N =2, and so on.

   (d) T mequals the number of months that have elapsed between the month the
   AWS or MSS/ATC relocator or voluntarily relocating microwave incumbent
   obtains reimbursement rights for the link and the month in which an AWS
   entity triggers a cost-sharing obligation. An AWS or MSS/ATC 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.

§ 27.1166   Reimbursement under the Cost-Sharing Plan.

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   (a) Registration of reimbursement rights . Claims for reimbursement under
   the cost-sharing plan are limited to relocation expenses incurred on or
   after the date when the first AWS license is issued in the relevant AWS band
   (start date). If a clearinghouse is not selected by that date (see §27.1162)
   claims  for reimbursement (see §27.1166) and notices of operation (see
   §27.1170) for activities that occurred after the start date but prior to the
   clearinghouse selection must be submitted to the clearinghouse within 30
   calendar days of the selection date.

   (1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator must
   submit documentation of the relocation agreement to the clearinghouse within
   30  calendar days of the date a relocation agreement is signed with an
   incumbent.  In the case of involuntary relocation, an AWS relocator or
   MSS/ATC relocator must submit documentation of the relocated system within
   30 calendar days after the end of the relocation.

   (2) To obtain reimbursement, a voluntarily relocating microwave incumbent
   must submit documentation of the relocation of the link to the clearinghouse
   within  30  calendar  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 AWS relocator,
   MSS/ATC relocator, or the voluntarily relocating microwave incumbent, must
   submit documentation itemizing the amount spent for items specifically
   listed in §27.1164(b), as well as any reimbursable items not specifically
   listed in §27.1164(b) that are directly attributable to actual relocation
   costs.  Specifically,  the  AWS  relocator,  MSS/ATC relocator, or the
   voluntarily  relocating  microwave incumbent must submit, in the first
   instance, only the uniform cost data requested by the clearinghouse along
   with a copy, without redaction, of either the relocation agreement, if any,
   or  the  third  party appraisal described in (b)(1), if relocation was
   undertaken by the microwave incumbent. AWS relocators, MSS/ATC relocators
   and voluntarily relocating microwave incumbents must maintain documentation
   of cost-related issues until the applicable sunset date and provide such
   documentation  upon  request, to the clearinghouse, the Commission, or
   entrants that trigger a cost-sharing obligation. If an AWS relocator pays a
   microwave incumbent a monetary sum to relocate its own facilities, the AWS
   relocator must estimate the costs associated with relocating the incumbent
   by itemizing the anticipated cost for items listed in §27.1164(b). If the
   sum paid to the incumbent cannot be accounted for, the remaining amount is
   not eligible for reimbursement.

   (1) Third party appraisal . 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
   §27.1164(b).

   (2) Identification of links . The AWS relocator, MSS/ATC 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). Where the AWS relocator, MSS/ATC relocator, or
   voluntarily relocating microwave incumbent relocates both paths of a paired
   channel  microwave  link ( e.g. , 2110–2130 MHz with 2160–2180 MHz and
   2130–2150 MHz with 2180–2200 MHz), the AWS relocator, MSS/ATC relocator, or
   voluntarily  relocating microwave incumbent must identify the expenses
   associated with each paired microwave link.

   (c) Full Reimbursement . An AWS 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 §27.1164(b). Such reimbursement
   will not be subject to depreciation under the cost-sharing formula.

   (d)  Good Faith Requirement . New entrants and incumbent licensees are
   expected to act in good faith in satisfying the cost-sharing obligations
   under  §§27.1160 through 27.1174. The requirement to act in good faith
   extends to, but is not limited to, the preparation and submission of the
   documentation required in paragraph (b) of this section.

   (e) MSS Participation in the Clearinghouse . MSS operators are not required
   to submit reimbursements to the clearinghouse for links relocated due to
   interference from MSS space-to-Earth downlink operations, but may elect to
   do so, in which case the MSS operator must identify the reimbursement claim
   as such and follow the applicable procedures governing reimbursement in part
   27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth
   downlink operations are governed by §101.82 of this chapter.

   (f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz and
   2180–2200 MHz bands . Where a voluntarily relocating microwave incumbent
   relocates  a paired microwave link with paths in the 2130–2150 MHz and
   2180–2200  MHz bands, it may not seek reimbursement from MSS operators
   (including MSS/ATC operators), but is entitled to partial reimbursement from
   the first AWS beneficiary, equal to fifty percent of its actual costs for
   relocating the paired link, or half of the reimbursement cap in §27.1164(b),
   whichever is less. This amount is subject to depreciation as specified
   §27.1164(b). An AWS licensee who is obligated to reimburse relocation costs
   under  this  rule  is  entitled to obtain reimbursement from other AWS
   beneficiaries in accordance with §§27.1164 and 27.1168. For purposes of
   applying the cost-sharing formula relative to other AWS licensees that
   benefit from the self-relocation, the fifty percent attributable to the AWS
   entrant shall be treated as the entire cost of the link relocation, and
   depreciation shall run from the date on which the clearinghouse issues the
   notice of an obligation to reimburse the voluntarily relocating microwave
   incumbent. The cost-sharing obligations for MSS operators in the 2180–2200
   MHz band are governed by §101.82 of this chapter.

§ 27.1168   Triggering a Reimbursement Obligation.

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   (a) The clearinghouse will apply the following test to determine when an AWS
   entity  or  MSS/ATC entity has triggered a cost-sharing obligation and
   therefore must pay an AWS relocator, MSS relocator (including MSS/ATC), or a
   voluntarily relocating microwave incumbent in accordance with the formula
   detailed in §27.1164:

   (1) All or part of the relocated microwave link was initially co-channel
   with the licensed AWS band(s) of the AWS entity or the selected assignment
   of  the  MSS  operator  that  seeks  and  obtains  ATC  authority (see
   §25.149(a)(2)(i) of this chapter);

   (2) An AWS relocator, MSS relocator (including MSS/ATC) or a voluntarily
   relocating  microwave  incumbent  has paid the relocation costs of the
   microwave incumbent; and

   (3) The AWS or MSS entity is operating or preparing to turn on a fixed base
   station (including MSS/ATC) 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:
   [er24my06.008.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  AWS  or  MSS/ATC  entity of the total amount of its reimbursement
   obligation.

   (b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC entity
   may  not avoid paying its cost-sharing obligation by deconstructing or
   modifying its facilities.

§ 27.1170   Payment Issues.

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   Prior to initiating operations for a newly constructed site or modified
   existing site, an AWS entity or MSS/ATC entity is required to file a notice
   containing site-specific data with the clearinghouse. The notice regarding
   the new or modified site must provide a detailed description of the proposed
   site's spectral frequency use and geographic location, including but not
   limited to the applicant's name and address, the name of the transmitting
   base station, the geographic coordinates corresponding to that base station,
   the frequencies and polarizations to be added, changed or deleted, and the
   emission designator. If a prior coordination notice (PCN) under §101.103(d)
   of this chapter is prepared, AWS entities can satisfy the site-data filing
   requirement by submitting a copy of their PCN to the clearinghouse. AWS
   entities or MSS/ATC entities that file either a notice or a PCN have a
   continuing duty to maintain the accuracy of the site-specific data on file
   with the clearinghouse. Utilizing the site-specific data, the clearinghouse
   will determine if any reimbursement obligation exists and notify the AWS
   entity or MSS/ATC entity in writing of its repayment obligation, if any.
   When  the AWS entity or MSS/ATC entity receives a written copy of such
   obligation, it must pay directly to the relocator the amount owed within 30
   calendar days.

§ 27.1172   Dispute Resolution Under the Cost-Sharing Plan.

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   (a) 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
   Alternative  Dispute  Resolution  (ADR)  procedures,  such  as binding
   arbitration, mediation, or other ADR techniques.

   (b)  Evidentiary  requirement.  Parties  of  interest  contesting  the
   clearinghouse's determination of specific cost-sharing obligations must
   provide  evidentiary  support to demonstrate that their calculation is
   reasonable and made in good faith. Specifically, these parties are expected
   to exercise due diligence to obtain the information necessary to prepare an
   independent estimate of the relocation costs in question and to file the
   independent estimate and supporting documentation with the clearinghouse.

§ 27.1174   Termination of Cost-Sharing Obligations.

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   The cost-sharing plan will sunset for all AWS and MSS (including MSS/ATC)
   entities on the same date on which the relocation obligation for the subject
   AWS band ( i.e. , 2110–2150 MHz, 2160–2175 MHz, or 2175–2180 MHz) in which
   the  relocated  FMS link was located terminates. AWS or MSS (including
   MSS/ATC) entrants that trigger a cost-sharing obligation prior to the sunset
   date must satisfy their payment obligation in full.

Cost-Sharing Policies Governing Broadband Radio Service Relocation From the
2150–2160/62 MHz Band

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   Source:   Sections 27.1176 through 27.1190 appear at  71 FR 29835 , May 24,
   2006, unless otherwise noted.

§ 27.1176   Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.

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   (a) Frequencies in the 2150–2160/62 MHz band have been reallocated from the
   Broadband Radio Service (BRS) to AWS. All AWS entities who benefit from
   another  AWS  entity's clearance of BRS incumbents from this spectrum,
   including BRS incumbents occupying the 2150–2162 MHz band on a primary
   basis, must contribute to such relocation costs. Only AWS entrants that
   relocate BRS incumbents are entitled to such reimbursement.

   (b) AWS entities may satisfy their reimbursement requirement by entering
   into private cost-sharing agreements or agreeing to terms other than those
   specified in §27.1180. However, AWS entities are required to reimburse other
   AWS  entities  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
   §27.1178) from AWS entities that are not parties to the agreement. The
   cost-sharing plan is in effect during all phases of BRS relocation until the
   end of the period specified in §27.1190. If an AWS licensee enters into a
   spectrum leasing arrangement and the spectrum lessee triggers a cost-sharing
   obligation,  the licensee is the AWS entity responsible for satisfying
   cost-sharing obligations under these rules.

§ 27.1178   Administration of the Cost-Sharing Plan.

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   The Wireless Telecommunications Bureau, under delegated authority, will
   select  one  or  more entities to operate as a neutral, not-for-profit
   clearinghouse(s). This clearinghouse(s) will administer the cost-sharing
   plan  by,  inter alia, determining the cost-sharing obligations of AWS
   entities for the relocation of BRS incumbents from the 2150–2162 MHz band.
   The clearinghouse filing requirements ( see §§27.1182(a), 27.1186) will not
   take effect until an administrator is selected.

§ 27.1180   The cost-sharing formula.

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   (a) An AWS licensee that relocates a BRS system with which it interferes is
   entitled  to  pro rata reimbursement based on the cost-sharing formula
   specified  in  §27.1164,  except that the depreciation factor shall be
   [180−T[m]]/180,  and  the  variable C shall be applied as set forth in
   paragraph (b) of this section.

   (b) C is the actual cost of relocating the system, and includes, but is 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;  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; leased facilities; and end user
   units served by the base station that is being relocated. In addition to
   actual costs, C may include the cost of an independent third party appraisal
   conducted pursuant to §27.1182(a)(3) and incumbent transaction expenses that
   are directly attributable to the relocation, subject to a cap of two percent
   of the “hard” costs involved. Hard costs are defined as the actual costs
   associated  with providing a replacement system, such as equipment and
   engineering expenses. There is no cap on the actual costs of relocation.

   (c) An AWS system shall be considered an interfering system for purposes of
   this rule if the AWS system is in all or part of the BRS frequency band and
   operates within line of sight to BRS operations under the applicable test
   specified in §27.1184. An AWS relocator that relocates a BRS system with
   which it does not interfere is entitled to full reimbursement, as specified
   in §27.1182(c).

§ 27.1182   Reimbursement under the Cost-Sharing Plan.

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   (a) Registration of reimbursement rights. (1) To obtain reimbursement, an
   AWS relocator must submit documentation of the relocation agreement to the
   clearinghouse within 30 calendar days of the date a relocation agreement is
   signed with an incumbent. In the case of involuntary relocation, an AWS
   relocator  must submit documentation of the relocated system within 30
   calendar days after the end of the one-year trial period.

   (2) Registration of any BRS system shall include:

   (i) A description of the system's frequency use;

   (ii)  If  the  system  exclusively  provides  one-way transmissions to
   subscribers, the Geographic Service Area of the system; and

   (iii) If the system does not exclusively provide one-way transmission to
   subscribers, the system hub antenna's geographic location and the above
   ground level height of the system's receiving antenna centerline.

   (3) The AWS relocator must also include with its system registration an
   independent third party appraisal of the 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 that are not necessary to the provision of comparable
   facilities. An AWS relocator may submit registration without a third party
   appraisal if it consents to binding resolution by the clearinghouse of any
   good  faith cost disputes regarding the reimbursement claim, under the
   following standard: The relocator shall bear the burden of proof, and be
   required to demonstrate by clear and convincing evidence that its request
   does not exceed the actual cost of relocating the relevant BRS system or
   systems to comparable facilities. Failure to satisfy this burden of proof
   will result in loss of rights to subsequent reimbursement of the disputed
   costs from any AWS licensee.

   (b) Documentation of expenses. Once relocation occurs, the AWS relocator
   must submit documentation itemizing the amount spent for items specifically
   listed in §27.1180(b), as well as any reimbursable items not specifically
   listed in §27.1180(b) that are directly attributable to actual relocation
   costs. Specifically, the AWS relocator must submit, in the first instance,
   only the uniform cost data requested by the clearinghouse along with copies,
   without redaction, of the relocation agreement, if any, and the third party
   appraisal  described  in (a)(3), of this section, if prepared. The AWS
   relocator must identify the particular system associated with appropriate
   expenses ( i.e. , costs may not be averaged over numerous systems). If an
   AWS  relocator pays a BRS incumbent a monetary sum to relocate its own
   facilities in whole or in part, the AWS relocator must itemize the actual
   costs to the extent determinable, and otherwise must estimate the actual
   costs associated with relocating the incumbent and itemize these costs. If
   the sum paid to the incumbent cannot be accounted for, the remaining amount
   is not eligible for reimbursement. All AWS relocators seeking reimbursement
   through the clearinghouse have an ongoing duty to maintain all relevant
   records of BRS relocation-related expenses until the sunset of cost-sharing
   obligations, and to provide, upon request, such documentation, including a
   copy  of  the  independent  appraisal  if  one  was  conducted, to the
   clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing
   obligation.

   (c) Full reimbursement. An AWS relocator who relocates a BRS system that is
   either:

   (1) Wholly outside its frequency band; or

   (2) Not within line of sight of the relocator's transmitting base station
   may seek full reimbursement through the clearinghouse of compensable costs.
   Such  reimbursement  will  not  be  subject  to depreciation under the
   cost-sharing formula.

   (d)  Good  Faith Requirement. New entrants and incumbent licensees are
   expected to act in good faith in satisfying the cost-sharing obligations
   under  §§27.1176 through 27.1190. The requirement to act in good faith
   extends to, but is not limited to, the preparation and submission of the
   documentation required in paragraph (b) of this section.

§ 27.1184   Triggering a reimbursement obligation.

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   (a) The clearinghouse will apply the following test to determine when an AWS
   entity has triggered a cost-sharing obligation and therefore must pay an AWS
   relocator  of  a BRS system in accordance with the formula detailed in
   §27.1180:

   (1) All or part of the relocated BRS system was initially co-channel with
   the licensed AWS band(s) of the AWS entity;

   (2) An AWS relocator has paid the relocation costs of the BRS incumbent; and

   (3) The other AWS entity has turned on or is preparing to turn on a fixed
   base station at commercial power and the incumbent BRS system would have
   been  within the line of sight of the AWS entity's fixed base station,
   defined as follows.

   (i) For a BRS system using the 2150–2160/62 MHz band exclusively to provide
   one-way transmissions to subscribers, the clearinghouse will determine
   whether  there  is  an unobstructed signal path (line of sight) to the
   incumbent licensee's geographic service area (GSA), based on the following
   criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use
   of  the  actual transmitting antenna height and terrain elevation, and
   assumption of 4/3 Earth radius propagation conditions. Terrain elevation
   data  must be obtained from the U.S. Geological Survey (USGS) 3-second
   database. All coordinates used in carrying out the required analysis shall
   be based upon use of NAD–83.

   (ii)  For  all  other BRS systems using the 2150–2160/62 MHz band, the
   clearinghouse will determine whether there is an unobstructed signal path
   (line of sight) to the incumbent licensee's receive station hub using the
   method prescribed in “Methods for Predicting Interference from Response
   Station Transmitters and to Response Station Hubs and for Supplying Data on
   Response Station Systems. MM Docket 97–217,” in Amendment of 47 CFR parts 1,
   21  and 74 to Enable Multipoint Distribution Service and Instructional
   Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions,
   MM  Docket No. 97–217, Report and Order on Further Reconsideration and
   Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix
   D.

   (b) If the application of the trigger test described in paragraphs (a)(3)(i)
   and (ii) of this section, indicates that a reimbursement obligation exists,
   the clearinghouse will calculate the reimbursement amount in accordance with
   the cost-sharing formula and notify the subsequent AWS entity of the total
   amount of its reimbursement obligation.

   (c) Once a reimbursement obligation is triggered, the AWS entity may not
   avoid paying its cost-sharing obligation by deconstructing or modifying its
   facilities.

§ 27.1186   Payment issues.

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   Payment of cost-sharing obligations for the relocation of BRS systems in the
   2150–60/62 MHz band is subject to the rules set forth in §27.1170. If an AWS
   licensee is initiating operations for a newly constructed site or modified
   existing site in licensed bands overlapping the 2150–2160/62 MHz band, the
   AWS  licensee  must  file  with  the clearinghouse, in addition to the
   site-specific data required by §27.1170, the above ground level height of
   the transmitting antenna centerline. AWS entities have a continuing duty to
   maintain  the  accuracy  of  the  site-specific  data on file with the
   clearinghouse.

   [At  71 FR 29835 , May 24, 2006, as amended at  72 FR 41939 , Aug. 1, 2007]

§ 27.1188   Dispute resolution under the Cost-Sharing Plan.

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   (a) 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
   Alternative  Dispute  Resolution  (ADR)  procedures,  such  as binding
   arbitration, mediation, or other ADR techniques.

   (b)  Evidentiary  requirement.  Parties  of  interest  contesting  the
   clearinghouse's determination of specific cost-sharing obligations must
   provide  evidentiary  support to demonstrate that their calculation is
   reasonable and made in good faith. Specifically, these parties are expected
   to exercise due diligence to obtain the information necessary to prepare an
   independent estimate of the relocation costs in question and to file the
   independent estimate and supporting documentation with the clearinghouse.

§ 27.1190   Termination of cost-sharing obligations.

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   The plan for cost-sharing in connection with BRS relocation will sunset for
   all AWS entities fifteen years after the relocation sunset period for BRS
   relocation commences, i.e. , fifteen years after the first AWS licenses are
   issued in any part of the 2150–2162 MHz band. AWS entrants that trigger a
   cost-sharing obligation prior to the sunset date must satisfy their payment
   obligation in full.

Subpart M—Broadband Radio Service and Educational Broadband Service

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   Source:    69 FR 72034 , Dec. 10, 2004, unless otherwise noted.

§ 27.1200   Change to BRS and EBS.

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   (a)  As  of  January  10,  2005,  licensees assigned to the Multipoint
   Distribution Service (MDS) and the Multichannel Multipoint Distribution
   Service (MMDS) shall be reassigned to the Broadband Radio Service (BRS) and
   licensees in the Instructional Television Fixed Service (ITFS) shall be
   reassigned to the Educational Broadband Service (EBS).

§ 27.1201   EBS eligibility.

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   (a) A license for an Educational Broadband Service station will be issued
   only to an accredited institution or to a governmental organization engaged
   in the formal education of enrolled students or to a nonprofit organization
   whose  purposes  are educational and include providing educational and
   instructional  television material to such accredited institutions and
   governmental organizations, and which is otherwise qualified under the
   statutory provisions of the Communications Act of 1934, as amended.

   (1) A publicly supported educational institution must be accredited by the
   appropriate State department of education.

   (2) A privately controlled educational institution must be accredited by the
   appropriate State department of education or the recognized regional and
   national accrediting organizations.

   (3)  Those applicant organizations whose eligibility is established by
   service to accredited institutional or governmental organizations must
   submit documentation from proposed receive sites demonstrating that they
   will receive and use the applicant's educational usage. In place of this
   documentation,  a  state  educational  television (ETV) commission may
   demonstrate that the public schools it proposes to serve are required to use
   its proposed educational usage. Documentation from proposed receive sites
   which are to establish the eligibility of an entity not serving its own
   enrolled students for credit should be in letter form, written and signed by
   an administrator or authority who is responsible for the receive site's
   curriculum planning. No receive site more than 35 miles from the transmitter
   site shall be used to establish basic eligibility. The administrator must
   indicate that the applicant's program offerings have been viewed and that
   such programming will be incorporated in the site's curriculum. The letter
   should discuss the types of programming and hours per week of formal and
   informal programming expected to be used and the site's involvement in the
   planning, scheduling and production of programming. If other levels of
   authority must be obtained before a firm commitment to utilize the service
   can be made, the nature and extent of such additional authorization(s) must
   be provided.

   (4) Nonlocal applicants, in addition to submitting letters from proposed
   receive  sites,  must demonstrate the establishment of a local program
   committee in each community where they apply. Letters submitted on behalf of
   a nonlocal entity must confirm that a member of the receive site's staff
   will serve on the local program committee and demonstrate a recognition of
   the composition and power of the committee. The letter should show that the
   staff member will aid in the selection, scheduling and production of the
   programming received over the system.

   (b) No numerical limit is placed on the number of stations which may be
   licensed to a single licensee. A single license may be issued for more than
   one transmitter if they are to be located at a common site and operated by
   the  same licensee. Applicants are expected to accomplish the proposed
   operation by the use of the smallest number of channels required to provide
   the needed service.

   (c) [Reserved]

   (d) This paragraph applies to EBS licensees and applications licensed or
   filed pursuant to the provisions of §27.1201(c) contained in the edition of
   47 CFR parts 20 to 39, revised as of October 1, 2005, or §§74.990 through
   74.992 contained in the edition of 47 CFR parts 70 to 79, revised as of
   October 1, 2004, of this chapter, and that do not meet the eligibility
   requirements of paragraph (a) of this section. Such licensees may continue
   to operate pursuant to the terms of their existing licenses, and their
   licenses may be renewed, assigned, or transferred, so long as the licensee
   is otherwise in compliance with this chapter. Applications filed pursuant to
   the provisions of former §27.1201(c) or §§74.990 through 74.992 of this
   chapter may be processed and granted, so long as such applications were
   filed prior to July 19, 2006.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]

§ 27.1202   Cable/BRS cross-ownership.

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   (a) Initial or modified authorizations for BRS stations may not be granted
   to a cable operator if a portion of the BRS station's protected services
   area is within the portion of the franchise area actually served by the
   cable operator's cable system and the cable operator will be using the BRS
   station as a multichannel video programming distributor (as defined in
   §76.64(d) of this chapter). No cable operator may acquire such authorization
   either directly, or indirectly through an affiliate owned, operated, or
   controlled by or under common control with a cable operator if the cable
   operator  will use the BRS station as a multichannel video programming
   distributor.

   (b) No licensee of a station in this service may lease transmission time or
   capacity to a cable operator either directly, or indirectly through an
   affiliate owned, operated, controlled by, or under common control with a
   cable operator, if a portion of the BRS station's protected services area is
   within  the portion of the franchise area actually served by the cable
   operator's cable system the cable operator will use the BRS station as a
   multichannel video programming distributor.

   (c) Applications for new stations, station modifications, assignments or
   transfers of control by cable operators of BRS stations shall include a
   showing that no portion of the GSA of the BRS station is within the portion
   of the franchise area actually served by the cable operator's cable system,
   or of any entity indirectly affiliated, owned, operated, controlled by, or
   under common control with the cable operator. Alternatively, the cable
   operator may certify that it will not use the BRS station to distribute
   multichannel video programming.

   (d)  In  applying  the provisions of this section, ownership and other
   interests in BRS licensees or cable television systems will be attributed to
   their holders and deemed cognizable pursuant to the following criteria:

   (1) Except as otherwise provided herein, partnership and direct ownership
   interests and any voting stock interest amounting to 5% or more of the
   outstanding voting stock of a corporate BRS licensee or cable television
   system will be cognizable;

   (2) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies
   and banks holding stock through their trust departments in trust accounts
   will be considered to have a cognizable interest only if they hold 20% or
   more of the outstanding voting stock of a corporate BRS licensee or cable
   television  system,  or if any of the officers or directors of the BRS
   licensee or cable television system are representatives of the investment
   company,  insurance  company  or bank concerned. Holdings by a bank or
   insurance company will be aggregated if the bank or insurance company has
   any right to determine how the stock will be voted. Holdings by investment
   companies will be aggregated if under common management.

   (3) Attribution of ownership interests in a BRS licensee or cable television
   system that are held indirectly by any party through one or more intervening
   corporations  will  be  determined by successive multiplication of the
   ownership percentages for each link in the vertical ownership chain and
   application of the relevant attribution benchmark to the resulting product,
   except that wherever the ownership percentage for any link in the chain
   exceeds 50%, it shall not be included for purposes of this multiplication.
   For purposes of paragraph (d)(9) of this section, attribution of ownership
   interests  in  a BRS licensee or cable television system that are held
   indirectly by any party through one or more intervening organizations will
   be determined by successive multiplication of the ownership percentages for
   each link in the vertical ownership chain and application of the relevant
   attribution benchmark to the resulting product, and the ownership percentage
   for any link in the chain that exceeds 50% shall be included for purposes of
   this multiplication. For example, except for purposes of paragraph (d)(9) of
   this section, if A owns 10% of company X, which owns 60% of company Y, which
   owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the
   same  as  Y's interest because X's interest in Y exceeds 50%), and A's
   interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution
   benchmark,  X's  interest in “Licensee” would be cognizable, while A's
   interest would not be cognizable. For purposes of paragraph (d)(9) of this
   section,  X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's
   interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest
   would be attributed under paragraph (d)(9) of this section.

   (4) Voting stock interests held in trust shall be attributed to any person
   who holds or shares the power to vote such stock, to any person who has the
   sole power to sell such stock, and to any person who has the right to revoke
   the trust at will or to replace the trustee at will. If the trustee has a
   familial, personal or extra-trust business relationship to the grantor or
   the  beneficiary,  the grantor or beneficiary, as appropriate, will be
   attributed with the stock interests held in trust. An otherwise qualified
   trust  will be ineffective to insulate the grantor or beneficiary from
   attribution with the trust's assets unless all voting stock interests held
   by  the  grantor  or beneficiary in the relevant BRS licensee or cable
   television system are subject to said trust.

   (5) Subject to paragraph (d)(9) of this section, holders of non-voting stock
   shall  not be attributed an interest in the issuing entity. Subject to
   paragraph (d)(9) of this section, holders of debt and instruments such as
   warrants, convertible debentures, options or other non-voting interests with
   rights of conversion to voting interests shall not be attributed unless and
   until conversion is effected.

   (6)(i) A limited partnership interest shall be attributed to a limited
   partner  unless  that  partner is not materially involved, directly or
   indirectly, in the management or operation of the BRS or cable television
   activities of the partnership and the licensee or system so certifies. An
   interest  in a Limited Liability Company (“LLC”) or Registered Limited
   Liability Partnership (“RLLP”) shall be attributed to the interest holder
   unless  that  interest  holder is not materially involved, directly or
   indirectly, in the management or operation of the BRS or cable television
   activities of the partnership and the licensee or system so certifies.

   (ii) For a licensee or system that is a limited partnership to make the
   certification set forth in paragraph (d)(6)(i) of this section, it must
   verify that the partnership agreement or certificate of limited partnership,
   with respect to the particular limited partner exempt from attribution,
   establishes that the exempt limited partner has no material involvement,
   directly or indirectly, in the management or operation of the BRS or cable
   television activities of the partnership. For a licensee or system that is
   an LLC or RLLP to make the certification set forth in paragraph (d)(6)(i) of
   this section, it must verify that the organizational document, with respect
   to the particular interest holder exempt from attribution, establishes that
   the  exempt  interest  holder has no material involvement, directly or
   indirectly, in the management or operation of the BRS or cable television
   activities of the LLC or RLLP. Irrespective of the terms of the certificate
   of limited partnership or partnership agreement, or other organizational
   document in the case of an LLC or RLLP, however, no such certification shall
   be made if the individual or entity making the certification has actual
   knowledge of any material involvement of the limited partners, or other
   interest  holders  in the case of an LLC or RLLP, in the management or
   operation of the BRS or cable television businesses of the partnership or
   LLC or RLLP.

   (iii)  In  the  case of an LLC or RLLP, the licensee or system seeking
   installation shall certify, in addition, that the relevant state statute
   authorizing LLCs permits an LLC member to insulate itself as required by our
   criteria.

   (7) Officers and directors of a BRS licensee or cable television system are
   considered to have a cognizable interest in the entity with which they are
   so associated. If any such entity engages in businesses in addition to its
   primary business of BRS or cable television service, it may request the
   Commission to waive attribution for any officer or director whose duties and
   responsibilities are wholly unrelated to its primary business. The officers
   and directors of a parent company of a BRS licensee or cable television
   system, with an attributable interest in any such subsidiary entity, shall
   be deemed to have a cognizable interest in the subsidiary unless the duties
   and  responsibilities  of  the officer or director involved are wholly
   unrelated to the BRS licensee or cable television system subsidiary, and a
   statement properly documenting this fact is submitted to the Commission. The
   officers and directors of a sister corporation of a BRS licensee or cable
   television system shall not be attributed with ownership of these entities
   by virtue of such status.

   (8) Discrete ownership interests will be aggregated in determining whether
   or not an interest is cognizable under this section. An individual or entity
   will be deemed to have a cognizable investment if:

   (i) The sum of the interests held by or through “passive investors” is equal
   to or exceeds 20 percent; or

   (ii) The sum of the interests other than those held by or through “passive
   investors” is equal to or exceeds 5 percent; or

   (iii) The sum of the interests computed under paragraph (d)(8)(i) of this
   section plus the sum of the interests computed under paragraph (d)(8)(ii) of
   this section equal to or exceeds 20 percent.

   (9) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, the holder
   of  an equity or debt interest or interests in a BRS licensee or cable
   television system subject to the BRS/cable cross-ownership rule (“interest
   holder”) shall have that interest attributed if:

   (i) The equity (including all stockholdings, whether voting or nonvoting,
   common or preferred) and debt interest or interests, in the aggregate,
   exceed 33 percent of the total asset value (all equity plus all debt) of
   that BRS licensee or cable television system; and

   (ii) The interest holder also holds an interest in a BRS licensee or cable
   television system that is attributable under this section (other than this
   paragraph) and which operates in any portion of the franchise area served by
   that cable operator's cable system.

   (10) The term “area served by a cable system” means any area actually passed
   by  the cable operator's cable system and which can be connected for a
   standard connection fee.

   (11) As used in this section “cable operator” shall have the same definition
   as in §76.5 of this chapter.

   (e) The Commission will entertain requests to waive the restrictions in
   paragraph (a) of this section where necessary to ensure that all significant
   portions  of  the franchise area are able to obtain multichannel video
   service.

   (f) The provisions of paragraphs (a) through (e) of this section will not
   apply to one BRS channel used to provide locally-produced programming to
   cable headends. Locally-produced programming is programming produced in or
   near the cable operator's franchise area and not broadcast on a television
   station available within that franchise area. A cable operator will be
   permitted one BRS channel for this purpose, and no more than one BRS channel
   may  be  used by a cable television company or its affiliate or lessor
   pursuant to this paragraph. The licensee for a cable operator providing
   local programming pursuant to a lease must include in a notice filed with
   the Wireless Telecommunications Bureau a cover letter explicitly identifying
   itself or its lessees as a local cable operator and stating that the lease
   was executed to facilitate the provision of local programming. The first
   application  or the first lease notification in an area filed with the
   Commission will be entitled to the exemption. The limitations on one BRS
   channel per party and per area include any cable/BRS operations or cable/EBS
   operations. The cable operator must demonstrate in its BRS application that
   the proposed local programming will be provided within one year from the
   date its application is granted. Local programming service pursuant to a
   lease must be provided within one year of the date of the lease or one year
   of grant of the licensee's application for the leased channel, whichever is
   later. If a BRS license for these purposes is granted and the programming is
   subsequently discontinued, the license will be automatically forfeited the
   day after local programming service is discontinued.

   (g) Applications filed by cable television companies, or affiliates, for BRS
   channels prior to February 8, 1990, will not be subject to the prohibitions
   of this section. Applications filed on February 8, 1990, or thereafter will
   be returned. Lease arrangements between cable and BRS entities for which a
   lease or a firm agreement was signed prior to February 8, 1990, will also
   not be subject to the prohibitions of this section. Leases between cable
   television companies, or affiliates, and BRS station licensees, conditional
   licensees, or applicants executed on February 8, 1990, or thereafter, are
   invalid.

   (1) Applications filed by cable operators, or affiliates, for BRS channels
   prior to February 8, 1990, will not be subject to the prohibitions of this
   section. Except as provided in paragraph (g)(2)of this section, applications
   filed  on  February  8,  1990,  or  thereafter will be returned. Lease
   arrangements between cable and BRS entities for which a lease or a firm
   agreement was signed prior to February 8, 1990, will also not be subject to
   the prohibitions of this section. Except as provided in paragraph (g)(2) of
   this section, leases between cable operators, or affiliates, and BRS/EBS
   station licensees, conditional licensees, or applicants executed on or
   before February 8, 1990, or thereafter are invalid.

   (2) Applications filed by cable operators, or affiliates for BRS channels
   after February 8, 1990, and prior to October 5, 1992, will not be subject to
   the prohibition of this section, if, pursuant to the then existing overbuild
   or rural exceptions, the applications were allowed under the then existing
   cable/BRS cross-ownership prohibitions. Lease arrangements between cable
   operators and BRS entities for which a lease or firm agreement was signed
   after February 8, 1990, and prior to October 5, 1992, will not be subject to
   the prohibitions of this section, if, pursuant to the then existing rural
   and overbuild exceptions, the lease arrangements were allowed.

   (3) The limitations on cable television ownership in this section do not
   apply to any cable operator in any franchise area in which a cable operator
   is subject to effective competition as determined under section 623(l) of
   the Communications Act.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]

§ 27.1203   EBS programming requirements.

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   (a) Except as provided in paragraphs (b), (c), and (d) of this section, BRS
   and EBS licensees are authorized to provide fixed or mobile service, except
   aeronautical  mobile service, subject to the technical requirements of
   subparts C and M of this part.

   (b) Educational Broadband Service stations are intended primarily through
   video, data, or voice transmissions to further the educational mission of
   accredited public and private schools, colleges and universities providing a
   formal educational and cultural development to enrolled students. Authorized
   educational broadband channels must be used to further the educational
   mission  of  accredited schools offering formal educational courses to
   enrolled students.

   (c)  In  furtherance of the educational mission of accredited schools,
   Educational Broadband Service stations may be used for:

   (1)  In-service  training and instruction in special skills and safety
   programs, extension of professional training, informing persons and groups
   engaged in professional and technical activities of current developments in
   their particular fields, and other similar endeavors;

   (2)  Transmission  of  material directly related to the administrative
   activities  of  the  licensee, such as the holding of conferences with
   personnel, distribution of reports and assignments, exchange of data and
   statistics, and other similar uses.

   (d) Stations, including high-power EBS signal booster stations, may be
   licensed  in  the EBS as originating or relay stations to interconnect
   educational  broadband  fixed  stations  in adjacent areas, to deliver
   instructional and cultural material to, and obtain such material from,
   commercial and noncommercial educational television broadcast stations for
   use on the educational broadband system, and to deliver instructional and
   cultural material to, and obtain such material from, nearby terminals or
   connection points of closed circuit educational television systems employing
   wired distribution systems or radio facilities authorized under other parts
   of this chapter, or to deliver instructional and cultural material to any
   cable television system serving a receiving site or sites which would be
   eligible  for  direct reception of EBS signals under the provisions of
   §27.1201.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]

§ 27.1206   Geographic Service Area.

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   (a) The Geographic Service Area (GSA) is either:

   (1) The area for incumbent site-based licensees that is bounded by a circle
   having a 35 mile radius and centered at the station's reference coordinates,
   which was the previous PSA entitled to incumbent licensees prior to January
   10, 2005, and is bounded by the chord(s) drawn between intersection points
   of the licensee's previous 35 mile PSA and those of respective adjacent
   market, co-channel licensees; or:

   (2) The BTA that is licensed to the respective BRS BTA authorization holder
   subject  to the exclusion of overlapping, co-channel incumbent GSAs as
   described in paragraph (a)(1) of this section.

   (b) If the license for an incumbent BRS station cancels or is forfeited, the
   GSA area of the incumbent station shall dissolve and the right to operate in
   that  area  automatically  reverts  to  the GSA licensee that held the
   corresponding BTA.

§ 27.1207   BTA license authorization.

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   (a) Winning bidders must file an application (FCC Form 601) for an initial
   authorization in each market and frequency block.

   (b)  Blanket licenses are granted for each market and frequency block.
   Blanket licenses cover all mobile and response stations. Blanket licenses
   also cover all fixed stations anywhere within the authorized service area,
   except as follows:

   (1) A station would be required to be individually licensed if

   (i) International agreements require coordination;

   (ii) Submission of an Environmental Assessment is required under §1.1307 of
   this chapter;

   (iii) The station would affect the radio quiet zones under §1.924 of this
   chapter.

   (2) Any antenna structure that requires notification to the Federal Aviation
   Administration  (FAA)  must be registered with the Commission prior to
   construction under §17.4 of this chapter.

§ 27.1208   Service areas.

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   Most BRS/EBS service areas are Basic Trading Areas (BTAs). BTAs are based on
   the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
   pages 38–39. The following are additional BRS or EBS service areas in places
   where Rand McNally has not defined BTAs: American Samoa; Guam; Northern
   Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto
   Rico; and the United States Virgin Islands. The Mayaguez/Aguadilla-Ponce,
   PR, service area consists of the following municipios: Adjuntas, Aguada,
   Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla,
   Hormigueros,  Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao,
   Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincón,
   Sabana Grande, Salinas, San German, Santa Isabel, Villalba and Yauco. The
   San Juan service area consists of all other municipios in Puerto Rico.

§ 27.1209   Conversion of incumbent EBS and BRS stations to geographic area
licensing.

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   (a)  Any EBS or BRS station licensed by the Commission, other than BTA
   authorizations and facilities authorized pursuant to BTA authorizations,
   shall be considered an incumbent station.

   (b) As of January 10, 2005, all incumbent EBS and BRS licenses shall be
   converted to a geographic area license. Pursuant to that geographic area
   license, such incumbent licensees may modify their systems provided the
   modified system complies with the applicable rules. The blanket license
   covers all fixed stations anywhere within the authorized service area,
   except as follows:

   (1) A station would be required to be individually licensed if

   (i) International agreements require coordination;

   (ii) Submission of an Environmental Assessment is required under §1.1307 of
   this chapter;

   (iii) The station would affect the radio quiet zones under §1.924 of this
   chapter.

   (2) Any antenna structure that requires notification to the Federal Aviation
   Administration  (FAA)  must be registered with the Commission prior to
   construction under §17.4 of this chapter.

   (c) The frequencies associated with incumbent authorizations that have been
   cancelled automatically or otherwise been recovered by the Commission will
   automatically revert to the applicable BTA licensee.

§ 27.1210   Remote control operation.

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   Licensed BRS/EBS stations may be operated by remote control without further
   authority.

§ 27.1211   Unattended operation.

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   Unattended operation of licensed BRS/EBS stations is permitted without
   further authority. An unattended relay station may be employed to receive
   and retransmit signals of another station provided that the transmitter is
   equipped with circuits which permit it to radiate only when the signal
   intended to be retransmitted is present at the receiver input terminals.

§ 27.1212   License term.

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   (a) BRS/EBS licenses shall be issued for a period of 10 years beginning with
   the date of grant.

   (b) An initial BTA authorization shall be issued for a period of ten years
   from the date the Commission declared bidding closed in the MDS auction.

§ 27.1213   Designated entity provisions for BRS in Commission auctions
commencing prior to January 1, 2004.

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   (a) Eligibility for small business provisions. For purposes of Commission
   auctions commencing prior to January 1, 2004 for BRS licenses, a small
   business is an entity that together with its affiliates has average annual
   gross revenues that are not more than $40 million for the preceding three
   calendar years.

   (b) Designated entities. As specified in this section, designated entities
   that are winning bidders in Commission auctions commencing prior to January
   1, 2004 for BTA service areas are eligible for special incentives in the
   auction process. See 47 CFR 1.2110.

   (c) Installment payments. Small businesses and small business consortia may
   elect to pay the full amount of their winning bids in Commission auctions
   commencing prior to January 1, 2004 for BTA service areas in installments
   over  a  ten  (10)  year  period  running from the date that their BTA
   authorizations are issued.

   (1) Upon issuance of a BTA authorization to a winning bidder in a Commission
   auction commencing prior to January 1, 2004 that is eligible for installment
   payments, the Commission will notify such eligible BTA authorization holder
   of the terms of its installment payment plan. For BRS, such installment
   payment plans will:

   (i)  Impose  interest based on the rate of ten (10) year U.S. Treasury
   obligations at the time of issuance of the BTA authorization, plus two and
   one half (2.5) percent;

   (ii) Allow installment payments for a ten (10) year period running from the
   date that the BTA authorization is issued;

   (iii) Begin with interest-only payments for the first two (2) years; and

   (iv) Amortize principal and interest over the remaining years of the ten
   (10) year period running from the date that the BTA authorization is issued.

   (2) Conditions and obligations. See §1.2110(g)(4) of this chapter.

   (3) Unjust enrichment. If an eligible BTA authorization holder that utilizes
   installment financing under this subsection seeks to partition, pursuant to
   applicable rules, a portion of its BTA containing one-third or more of the
   population of the area within its control in the licensed BTA to an entity
   not meeting the eligibility standards for installment payments, the holder
   must make full payment of the remaining unpaid principal and any unpaid
   interest accrued through the date of partition as a condition of approval.

   (d) Reduced upfront payments. For purposes of Commission auctions commencing
   prior  to  January 1, 2004 for BRS licenses, a prospective bidder that
   qualifies as a small business, or as a small business consortia, is eligible
   for  a twenty-five (25) percent reduction in the amount of the upfront
   payment otherwise required. To be eligible to bid on a particular BTA, a
   small  business will be required to submit an upfront payment equal to
   seventy-five (75) percent of the upfront payment amount specified for that
   BTA in the public notice listing the upfront payment amounts corresponding
   to each BTA service area being auctioned.

   (e) Bidding credits. For purposes of Commission auctions commencing prior to
   January 1, 2004 for BRS licenses, a winning bidder that qualifies as a small
   business, or as a small business consortia, may use a bidding credit of
   fifteen (15) percent to lower the cost of its winning bid on any of the BTA
   authorizations awarded in the Commission BRS auctions commencing prior to
   January 1, 2004.

   (f) Short-form application certification; Long-form application or statement
   of intention disclosure. A BRS applicant in a Commission auction commencing
   prior to January 1, 2004 claiming designated entity status shall certify on
   its short-form application that it is eligible for the incentives claimed. A
   designated entity that is a winning bidder for a BTA service area(s) shall,
   in addition to information otherwise required, file an exhibit to either its
   initial long-form application for a BRS station license, or to its statement
   of intention with regard to the BTA, which discloses the gross revenues for
   each of the past three years of the winning bidder and its affiliates. This
   exhibit  shall  describe  how  the winning bidder claiming status as a
   designated entity satisfies the designated entity eligibility requirements,
   and must list and summarize all agreements that affect designated entity
   status, such as partnership agreements, shareholder agreements, management
   agreements and other agreements, including oral agreements, which establish
   that the designated entity will have both de facto and de jure control of
   the entity. See 47 CFR 1.2110(i).

   (g) Records maintenance. All holders of BTA authorizations acquired in a
   Commission auction commencing prior to January 1, 2004 that claim designated
   entity status shall maintain, at their principal place of business or with
   their designated agent, an updated documentary file of ownership and revenue
   information  necessary  to  establish  their  status.  Holders  of BTA
   authorizations or their successors in interest shall maintain such files for
   a ten (10) year period running from the date that their BTA authorizations
   are issued. The files must be made available to the Commission upon request.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]

§ 27.1214   EBS spectrum leasing arrangements and grandfathered leases.

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   (a) A licensee in the EBS that is solely utilizing analog transmissions may
   enter into a spectrum leasing arrangement to transmit material other than
   the educational programming defined in §27.1203(b) and (c) subject to the
   following conditions:

   (1) Before entering into a spectrum leasing arrangement involving material
   other than educational programming on any one channel, the licensee must
   provide  at least 20 hours per week of EBS educational programming (as
   defined in §27.1203(b) and (c)) on that channel, except as provided in
   paragraphs (a)(2) and (a)(3) of this section. An additional 20 hours per
   week per channel must be strictly reserved for EBS use and not used for
   non-EBS purposes, or reserved for recapture by the EBS licensee for its EBS
   educational usage, subject to one year's advance, written notification by
   the EBS licensee to its lessee and accounting for all recapture already
   exercised, with no economic or operational detriment to the licensee. These
   hours of recapture are not restricted as to time of day or day of the week,
   but may be established by negotiations between the EBS licensee and the
   lessee. The 20 hours per channel per week EBS educational usage requirement
   and the recapture and/or reservation requirement of an additional 20 hours
   per channel per week shall apply spectrally over the licensee's whole actual
   service area.

   (2) For the first two years of operation, an EBS entity may enter into a
   spectrum leasing arrangement involving material other than educational
   programming if it provides EBS educational usage for at least 12 hours per
   channel per week, provided that the entity does not employ channel loading
   technology.

   (3) The licensee may shift its requisite EBS educational usage onto fewer
   than its authorized number of channels, via channel mapping or channel
   loading technology, so that it can enter into a spectrum leasing arrangement
   involving full-time channel capacity on its EBS station and/or associated
   EBS booster stations, subject to the condition that it provide a total
   average of at least 20 hours per channel per week of EBS educational usage
   on its authorized channels. The use of channel mapping or channel loading
   consistent with the Rules shall not be considered adversely to the EBS
   licensee  in  seeking a license renewal. The licensee also retains the
   unabridgeable right to recapture, subject to six months' advance written
   notification by the EBS licensee to the spectrum lessee, an average of an
   additional 20 hours per channel per week, accounting for all recapture
   already  exercised. Regardless of whether the licensee has educational
   receive sites within its GSA, the licensee may lease booster stations in the
   entire GSA, provided that the licensee maintains the unabridgeable right to
   ready recapture at least 40 hours per channel per week for EBS educational
   usage. The licensee may agree to the transmission of this recapture time on
   channels not authorized to it, but which are included in the wireless system
   of which it is a part. A licensee under this paragraph which enters into a
   spectrum leasing arrangement on any one of its channels to an operator may
   “channel shift” pursuant to and under the conditions of paragraph (d)(2) of
   this section.

   (b)  A licensee utilizing digital transmissions on any of its licensed
   channels may enter into a spectrum leasing arrangement to transmit material
   other than the educational programming defined in §27.1203(b) and (c),
   subject to the following conditions:

   (1)  The  licensee must reserve a minimum of 5% of the capacity of its
   channels for educational uses consistent with §27.1203 paragraphs (b) and
   (c), and may not enter into a spectrum leasing arrangement involving this
   reserved capacity. In addition, before leasing excess capacity, the licensee
   must  provide  at  least 20 hours per licensed channel per week of EBS
   educational  usage. This 5% reservation and this 20 hours per licensed
   channel per week EBS educational usage requirement shall apply spectrally
   over  the licensee's whole actual service area. However, regardless of
   whether the licensee has an educational receive site within its GSA served
   by a booster, the licensee may lease excess capacity without making at least
   20 hours per licensed channel per week of EBS educational usage, provided
   that the licensee maintains the unabridgeable right to recapture on one
   months' advance notice such capacity as it requires over and above the 5%
   reservation  to  make  at  least  20 hours per channel per week of EBS
   educational usage.

   (2) The licensee may shift its requisite EBS educational usage onto fewer
   than its authorized number of channels, via channel mapping or channel
   loading technology, and may shift its requisite EBS educational usage onto
   channels not authorized to it, but which are included in the wireless system
   of which it is a part (“channel shifting”), so that it can enter into a
   spectrum leasing arrangement involving full-time channel capacity on its EBS
   station, associated EBS booster stations, and/or EBS response stations and
   associated response station hubs, subject to the condition that it provide a
   total average of at least 20 hours per licensed channel per week of EBS
   educational usage. The use of channel mapping, channel loading, and/or
   channel shifting consistent with the Rules shall not be considered adversely
   to the EBS licensee in seeking a license renewal. In addition, an EBS entity
   receiving interference protection will continue to receive such protection
   if it elects to swap channels with another EBS or BRS station.

   (c) All spectrum leasing arrangements involving EBS spectrum must afford the
   EBS licensee an opportunity to purchase or to lease dedicated or common EBS
   equipment used for educational purposes in the event that the spectrum
   leasing arrangement is terminated.

   (d) All leases of current EBS spectrum entered into prior to January 10,
   2005 and in compliance with leasing rules formerly contained in part 74 of
   this  chapter  may  continue  in force and effect, notwithstanding any
   inconsistency between such leases and the rules applicable to spectrum
   leasing arrangements set forth in this chapter. Such leases entered into
   pursuant to the former part 74 rules of this chapter may be renewed and
   assigned in accordance with the terms of such lease. All spectrum leasing
   arrangements leases entered into after January 10, 2005, pursuant to the
   rules set forth in part 1 and part 27 of this chapter, must comply with the
   rules in those parts.

   (e) The maximum permissible term of an EBS spectrum leasing arrangement
   entered into on or after July 19, 2006 (including the initial term and all
   renewal terms that commence automatically or at the sole option of the
   lessee) shall be 30 years. In furtherance of the educational purposes for
   which EBS spectrum is primarily allocated, any spectrum leasing arrangement
   in excess of 15 years that is entered into on or after July 19, 2006 must
   include terms which provide the EBS licensee on the 15th year and every 5
   years  thereafter,  with  an opportunity to review its educational use
   requirements in light of changes in educational needs, technology, and other
   relevant factors and to obtain access to such additional services, capacity,
   support, and/or equipment as the parties shall agree upon in the spectrum
   leasing arrangement to advance the EBS licensee's educational mission.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35190 , June 19, 2006]

§ 27.1215   BRS grandfathered leases.

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   (a) All leases of current BRS spectrum entered into prior to January 10,
   2005 and in compliance with rules formerly contained in part 21 of this
   chapter may continue in force and effect, notwithstanding any inconsistency
   between  such  leases  and  the  rules  applicable to spectrum leasing
   arrangements set forth in this chapter. Such leases entered into pursuant to
   the former part 21 of this chapter may be renewed and assigned in accordance
   with the terms of such lease. All spectrum leasing arrangements leases
   entered into after January 10, 2005, pursuant to the rules set forth in part
   1 and part 27 of this chapter must comply with the rules in those parts.

§ 27.1216   Grandfathered E and F group EBS licenses.

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   (a) Except as noted in paragraph (b) of this section, grandfathered EBS
   licensees  authorized to operate E and F group co-channel licenses are
   granted a geographic service area (GSA) on July 19, 2006. The GSA is the
   area  bounded  by a circle having a 35 mile radius and centered at the
   station's  reference coordinates, and is bounded by the chord(s) drawn
   between intersection points of that circle and those of respective adjacent
   market, co-channel licensees.

   (b) If there is more than 50 percent overlap between the calculated GSA of a
   grandfathered EBS license and the protected service area of a co-channel BRS
   license, the licensees shall not be immediately granted a geographic service
   area. Instead, the grandfathered EBS license and the co-channel BRS licensee
   must negotiate in good faith to reach a solution that accommodates the
   communication needs of both licensees. If the co-channel licensees reach a
   mutually agreeable solution on or before October 17, 2006, then the GSA of
   each co-channel license shall be as determined pursuant to the agreement of
   the parties. If a mutually agreeable solution between co-channel licensees
   is not reached on or before October 17, 2006, then each co-channel licensee
   shall receive a GSA determined pursuant to paragraph (a) of this section and
   §27.1206(a).

   [ 71 FR 35191 , June 16, 2006]

Technical Standards

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§ 27.1220   Transmission standards.

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   The width of a channel in the LBS and UBS is 5.5 MHz, with the exception of
   BRS channels 1 and 2 which are 6.0 MHz. The width of all channels in the MBS
   is 6 MHz. However, the licensee may subchannelize its authorized bandwidth,
   provided that digital modulation is employed and the aggregate power does
   not exceed the authorized power for the channel. The licensee may also,
   jointly with other licensees, transmit utilizing bandwidth in excess of its
   authorized bandwidth, provided that digital modulation is employed, all
   power spectral density requirements set forth in this part are met and the
   out-of-band emissions restrictions set forth in §27.53 are met at the edges
   of the channels employed.

§ 27.1221   Interference protection.

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   (a)  Interference  protection  will  be  afforded  to BRS and EBS on a
   station-by-station basis based on the heights of the stations in the LBS and
   UBS  and also on height benchmarking, although the heights of antennas
   utilized are not restricted.

   (b) Height Benchmarking. Height benchmarking is defined for pairs of base
   stations, one in each of two neighboring service areas. The height benchmark
   for a particular station in a service area relative to a base station in an
   adjacent service area is the distance'squared between the station and the
   GSA service area boundary measured along the radial between the respective
   stations, divided by 17. That is, the height benchmark is h[b]= D^2 /17.
   Interference protection will be afforded on a station by station basis based
   on the actual antenna height above the radial average terrain (calculated
   along the straight line between the two base stations in accordance with
   §24.53(b) and (c) of this chapter) and this height benchmark.

   (c) Protection for a Receiving-Antenna not Exceeding the Height Benchmark. A
   base station receive-antenna with an HAAT less than or equal to the height
   benchmark  relative  to a neighbor's transmitting base station will be
   protected if that station's HAAT exceeds its height benchmark. That station
   is required to take such measures to limit the undesired signal at the
   receiving base station to −109dBm or less.

   (d) No Protection from a Transmitting-Antenna not Exceeding the Height
   Benchmark. A base station transmitting-antenna with an HAAT less than or
   equal to the height benchmark relative to a neighbor's receiving antenna is
   not required to protect that receiving station, regardless of the HAAT of
   that station.

   (e) No Protection for a Receiving-Antenna Exceeding the Height Benchmark. A
   base station transmitting-antenna with an HAAT greater than the height
   benchmark relative to a neighbor's receiving antenna is not required to
   protect  that receiving antenna if its HAAT is greater than its height
   benchmark.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  70 FR 1190 , Jan. 6, 2005;  71 FR 35191 , June 19, 2006]

§ 27.1222   Operations in the 2568–2572 and 2614–2618 bands.

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   All operations in the 2568–2572 and 2614–2618 MHz bands shall be secondary
   to adjacent-channel operations. Stations operating in the 2568–2572 and
   2614–2618 MHz must not cause interference to licensees in operation in the
   LBS,  MBS,  and  UBS and must accept any interference from any station
   operating in the LBS, MBS, and UBS in compliance with the rules established
   in this subpart. Stations operating in the 2568–2572 and 2614–2618 bands may
   cause interference to stations in operation in the LBS, MBS, and UBS if the
   affected licensees consent to such interference.

Policies Governing the Transition of the 2500–2690 MHz Band for BRS and EBS

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§ 27.1230   Conversion of the 2500–2690 MHz band.

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   BRS and EBS licensees in the 2500–2690 MHz band on the pre-transition A-I
   Channels will be transitioned from the frequencies assigned to them under
   §27.5(i)(1) to the frequencies assigned to them under §27.5(i)(2). The
   transition, which will be undertaken by one or more proponent(s), will occur
   in  the  following five phases: initiating the transition process (see
   §27.1231), planning the transition (see §27.1232), reimbursing transition
   costs (see §§27.1233 and 27.1237–1239), terminating existing operations in
   transitioned markets that do not comport with §27.5(i)(2) (see §27.1234),
   and filing the post-transition notification (see §27.1235). Licensees may
   also self-transition (see §27.1236).

   [ 71 FR 35191 , June 19, 2006]

§ 27.1231   Initiating the transition.

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   (a) Transition areas. Unless paragraph (b) of this section applies, the
   transition will occur by Basic Trading Area (BTA). BTAs are based on the
   Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
   pages  38–39, that identifies 487 BTAs based on the 50 States; it also
   includes the following additional BTA-like areas: American Samoa; Guam;
   Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan,
   Puerto Rico; and the United States Virgin Islands, for a total of 493 BTAs.
   The  Mayaguez/Aguadilla-Ponce  BTA-like area consists of the following
   municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo,
   Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz,
   Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas,
   Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San German, Santa
   Isabel, Villalba, and Yauco. The San Juan BTA-like area consists of all
   other municipios in Puerto Rico. The BTA associated with the Gulf of Mexico
   will not be transitioned.

   (b) Overlapping GSAs. When a Geographic Service Area (GSA) overlaps two or
   more BTAs:

   (1) The proponents of the adjacent BTAs may agree on how to transition a GSA
   that overlaps their respective BTAs.

   (2) If an agreement has not been reached between or among the proponents of
   the adjacent BTAs:

   (i) Each proponent must transition all of the facilities associated with the
   GSA that are inside the GSA and inside the proponent's BTA if all of the
   adjacent BTAs are transitioning; or

   (ii) The proponent of the BTA that is transitioning must transition all of
   the facilities associated with the GSA that are within the GSA but outside
   the BTA, if the adjacent BTA is not transitioning.

   (c)(1) Proponent(s). The proponent or co-proponent must:

   (i) Be a BRS or EBS licensee or BRS or EBS lessee;

   (ii) Send a Pre-Transition Data Request (see paragraph (d) of this section)
   and a Transition Notice (see paragraph (e) of this section) to every BRS and
   EBS licensee in the BTA, using the contact information in the Commission's
   Universal Licensing System; and

   (iii)  Be  first to file an Initiation Plan (see paragraph (f) of this
   section) with the Secretary of the Commission.

   (2) Before filing an Initiation Plan, BRS or EBS licensees or BRS or EBS
   lessees may agree to be co-proponents. After the Initiation Plan is filed
   the proponent may accept a co-proponent at its sole discretion.

   (d)  Pre-Transition Data Request. The Pre-Transition Data Request must
   include the potential proponent's full name, postal mailing address, contact
   person, e-mail address, and phone and fax numbers.

   (1) BRS and EBS licensees that receive a Pre-Transition Data Request must
   provide the following information to the potential proponent within 45 days
   of receiving the Pre-Transition Data Request:

   (i) The BRS or EBS licensee's full name, postal mailing address, contact
   person, e-mail address, and phone and fax number.

   (ii) The location (by street address and by geographic coordinates) of every
   constructed  EBS  receive  site that, as of the date of receipt of the
   Pre-Transition Data Request, is entitled to a replacement downconverter (see
   §27.1233(a)). The response must:

   (A) Specify whether the downconverting antenna is mounted on a structure
   attached to the building or on a free-standing structure;

   (B) Specify the approximate height above ground level of the downconverting
   antenna; and

   (C) Specify, if known, the adjacent channel D/U ratio that can be tolerated
   by any receiver(s) at the receive site.

   (iii) The location (street address and geographic coordinates) of the main
   station or booster serving each EBS receive site entitled to protection,
   including:

   (A) The make and model of the antenna for that main station or booster,
   along  with  the  radiation  pattern  if it is not included within the
   Commission's database;

   (B) The ground elevation, above mean sea level (AMSL), of the building or
   antenna  supporting  structure  on  which  the main station or booster
   transmission antenna is installed;

   (C) The height above ground level (AGL) of the center of radiation of the
   transmission antenna;

   (D) The orientation of the main lobe of the transmission antenna;

   (E) Any mechanical beamtilt or electrical beamtilt not reflected in the
   radiation pattern provided or included within the Commission's database;

   (F) The bandwidth of each channel or subchannel, the emission type for each
   channel or subchannel, and the EIRP measured in the main lobe for each
   channel or subchannel; and

   (G) The make and model of the receive antenna installed at that site, along
   with the radiation pattern if it is not included within the Commission's
   database.

   (iv)  The  number  and identification of EBS video programming or data
   transmission tracks the EBS licensee is entitled to receive in the MBS and
   whether  the  EBS  licensee  will  accept fewer tracks in the MBS (see
   §27.1233(b)).

   (v) Whether it will seek or has sought a waiver from the Commission as a
   Multichannel Video Programming Distributor (MVPD).

   (2) BRS and EBS licensees that do not respond to the Pre-Transition Data
   Request within 45 days of its receipt may not object to the Transition Plan.

   (e) The Transition Notice. The potential proponent(s) must send a Transition
   Notice to all BRS and EBS licensees in the BTA(s) being transitioned. The
   potential  proponent(s)  must include the following information in the
   Transition Notice:

   (1) The potential proponent(s)'s full name; postal mailing address, contact
   person, e-mail address, and phone and fax numbers;

   (2)  The  identification  of  the  BRS  and EBS licensees that will be
   transitioned;

   (3) Copies of the most recent response to the Pre-Transition Data Request
   for each participant in the process; and

   (4) A certification that the potential proponent(s) has the funds available
   to  pay  the  reasonably expected costs of the transition based on the
   information in the Pre-Transition Data Request.

   (f) Initiation Plan. To initiate a transition, a potential proponent(s) must
   submit an Initiation Plan to the Commission at the Office of the Secretary
   in Washington, DC within 30 months of July 19, 2006.

   (1) An Initiation Plan must contain the following information:

   (i) A list of the BTA(s) that the proponent(s) is transitioning;

   (ii) A list by call sign of all of the BRS and EBS licensees in the BTA(s)
   that are being transitioned;

   (iii) A “best estimate” of when the transition will be completed;

   (iv) A statement indicating that an agreement has been concluded with the
   proponent(s)  of  the  adjoining or adjacent BTA(s) when a licensee or
   licensees in an adjacent or adjoining BTA must be transitioned to avoid
   interference to licensees in the BTA being transitioned, or in lieu of an
   agreement,  the  proponent(s)  may  provide  an  alternative  means of
   transitioning the licensees in an adjacent or adjoining BTA;

   (v) A statement indicating that an agreement has been concluded with another
   proponent(s) on how a BTA will be transitioned when there are two or more
   proponents  seeking  to  transition  the same BTA and they agree to be
   co-proponents before the Initiation Plan is filed, and a statement that
   identifies  the  specific  portion  of  the BTA each proponent will be
   responsible for transitioning; and

   (vi) A certification that the proponent or joint proponents have the funds
   available to pay the reasonable expected costs of the transition based on
   the information contained in the Pre-Transition Data Request (see paragraph
   (d) of this section).

   (2) A proponent, at its own discretion, may withdraw from transitioning a
   BTA by notifying the Commission and all affected BRS and EBS licensees in
   the BTA that it is withdrawing the Initiation Plan.

   (3) A proponent may amend an Initiation Plan after it has been filed with
   the Commission to correct minor or inadvertent errors.

   (g)  MVPD  waiver requests. MVPD licensees that seek to opt-out of the
   transition must seek a waiver within 60 days after the proponent files the
   Initiation Plan or on or before April 30, 2007, whichever occurs first.

   [ 71 FR 35191 , June 19, 2006]

§ 27.1232   Planning the transition.

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   (a) The Transition Planning Period. The Transition Planning Period is a
   90-day period that commences on the day after the proponent(s) files the
   Initiation Plan with the Commission.

   (b) The Transition plan. The proponent(s) must provide to each BRS and EBS
   licensee within a BTA, a Transition Plan no later than 30 days prior to the
   conclusion of the Transition Planning Period.

   (1) The Transition Plan must:

   (i) Identify the call signs of the stations that are transitioning;

   (ii)  Identify  the  specific channels that each licensee will receive
   following the transition;

   (iii) Identify the receive sites at which replacement downconverters will be
   installed (see §27.1233(a));

   (iv) Identify the video programming and data transmission tracks that will
   be migrated to the MBS and provide for the MBS channels to be authorized to
   operate with transmission parameters that are substantially similar to those
   of the licensee's operation prior to transition (see §27.1233(b));

   (v) Identify the technical configuration of the MBS facilities;

   (vi) Identify the approximate time line for effectuating the transition,
   which, unless dispute resolution procedures are used, may not exceed 18
   months from the conclusion of the Transition Planning Period;

   (vii)  Provide for the establishment of an escrow or other appropriate
   mechanism for ensuring completion of the transition in accordance with the
   Transition Plan.

   (2) The Transition Plan may provide for interruptions of EBS transmissions,
   so long as those interruptions are limited to a period of less than seven
   days at any reception site. The proponent(s) must coordinate with each EBS
   licensee to minimize the extent of any disruption.

   (3) The Transition Plan may provide for the shifting of an EBS licensee's
   program to alternative channels. Such shifting may not be considered an
   interruption, if the EBS licensee's receive sites are equipped to receive
   and internally distribute the channel to which the programming is shifted.

   (4) The Transition Plan may provide for the installation of an appropriate
   filter  on  an MBS transmitter if the proponent(s) determines that the
   installation of a filter will mitigate interference from transmissions in
   the MBS to operations outside the MBS.

   (c) Counterproposals. No later than 10 days before the conclusion of the
   Transition Planning Period, affected BRS and EBS licensees may submit a
   counterproposal to the proponent(s) if they believe that the Transition Plan
   is unreasonable. The proponent(s) may:

   (1) Accept the counterproposal, modify the Transition Plan accordingly, and
   send the modified Transition Plan to all EBS and BRS licensees in the BTA;

   (2) Invoke dispute resolution procedures for a determination of whether the
   Transition Plan is reasonable and take no action until a determination of
   reasonableness is made; or

   (3) Invoke dispute resolution procedures for a determination of whether the
   Transition Plan is reasonable, but may implement the transition immediately.

   (d) Safe harbors. An offer by a proponent(s) shall be reasonable if it meets
   one of the following safe harbors:

   (1) Safe harbor No. 1. This safe harbor applies when the default high-power
   channel assigned to each channel group is authorized to operate after the
   transition with the same transmission parameters (coordinates, antenna
   pattern, height of center radiation, EIRP) as the downstream facilities
   before the transition. If the proponent(s) does not propose a change in the
   geographic coordinates of the facilities (other than as necessary to conform
   the actual location with the Commission's Antenna Survey Branch database),
   the proponent may also propose the following to the extent consistent with
   this subpart:

   (i) An increase in the height of the center of radiation of the transmission
   antenna or a decrease in such height of no more than 8 meters (provided that
   such change does not result in an increase in antenna support structure
   lease costs to the EBS licensee and the consent of the owner of the antenna
   support structure is obtained).

   (ii) A change in the EIRP of the transmission system of up to 1.5 dB in any
   direction.

   (iii) Digitization, precision frequency offset, or other upgrades to the EBS
   transmission or reception systems that allow the proponent(s) to invoke more
   advantageous interference protection requirements applicable to upgraded
   systems.

   (2) Safe harbor No. 2. This safe harbor applies when an EBS licensee has
   channel-shifted its single video programming or data transmission track to
   spectrum licensed to another licensee. Under §27.5(i)(2), that track must be
   on the high-power channel licensed to the EBS licensee upon completion of
   the transition. For example, before the transition, an A Group licensee
   might have shifted its EBS video programming to channel C1. If one of the
   pre-transition  A Group channels is licensed with technical parameters
   substantially similar to those of pre-transition channel C1, the Transition
   Plan may provide for high-power channel A4 to be licensed with the same
   technical parameters as the pre-transition channel C1. However, if the
   pre-transition A Group channels are licensed to operate with technical
   parameters materially different from those of pre-transition channel C1, the
   proponent(s) may:

   (i) Arrange a channel swap with the licensee of the C Group so that the A
   Group licensee will receive high-power channel C4 (which will automatically
   be licensed with the same transmission parameters as the pre-transition
   channel C1) in exchange for channel A4.

   (ii)  Arrange  for  high-power channel A4 to operate with transmission
   parameters substantially similar to those of the pre-transition channel C1 (
   see paragraph (d)(1) of this section).

   (3) Safe harbor No. 3. This safe harbor applies when a four-channel group is
   shared  among multiple licensees in a given geographic area. Absent an
   agreement otherwise, a proponent may:

   (i) Secure a 6 MHz MBS channel for each licensee in exchange for the non-MBS
   channels assigned to the group. Following the channel swap(s) necessary to
   secure those additional MBS channels, the Transition Plan can provide for
   the licensing of the remaining channels in the LBS, UBS, and Guard Bands on
   a pro rata basis (with channel(s) in each segment being disaggregated when
   and if necessary to provide each with its pro rata share of the spectrum in
   each segment);

   (ii) Provide for pro rata segmentation of the default MBS channel for the
   group, provided that the proponent commits to provide each of the licensees
   with  the  technology  necessary for its EBS video programming or data
   transmissions  to be digitized, transmitted and received utilizing the
   provided bandwidth. The non-MBS channels would be divided among the sharing
   licensees  on  a pro rata basis (with channel(s) in each segment being
   disaggregated when and if necessary to provide each with its pro rata share
   of the spectrum in each segment); or

   (iii) Assign the default MBS channel assigned to the channel group to one of
   the licensees, if that licensee is the only one that elects to migrate video
   programming or data transmission tracks to the MBS. The remaining spectrum
   assigned to the group may be allocated among the licensees on a pro rata
   basis, with the 6 MHz in the MBS counting against that licensee's portion.
   To the extent necessary, the non-MBS spectrum can be disaggregated when and
   if necessary to provide each with its pro rata share of the spectrum in each
   segment. If the proponent chooses to effectuate a channel swap to provide
   more than one channel in the MBS, the remaining channels assigned to the
   group (after considering that one or more LBS/UBS channels and associated
   Transition  Band  channels  will have been swapped away to provide the
   additional MBS channel) can be allocated among the licensees on a pro rata
   basis (with channel(s) in each segment being disaggregated when and if
   necessary to provide each with its pro rata share of the spectrum in each
   segment).

   (4) Safe harbor No. 4. This safe harbor applies when an EBS licensee uses
   one or more of its channels for studio-to-transmitter links. The proponent
   may provide for one of the following options:

   (i) The use of the LBS and/or UBS band for the point-to-point transmission
   of the EBS video or data (through superchannelization of the licensee's
   contiguous LBS or UBS channels), provided the proponent commits to retune
   the existing point-to-point equipment to operate on those channels or to
   replace the existing equipment with new equipment tuned to operate on those
   channels  and  the  proposal  complies  with the LBS/UBS technical and
   interference protection rules;

   (ii)  The  migration of the EBS programming to the MBS by retuning the
   existing point-to-point equipment to operate in the MBS or replacing it with
   equipment tuned to operate in the MBS; or

   (iii)  The  replacement of the point-to-point link with point-to-point
   equipment licensed to the EBS licensee in alternative spectrum, so long as
   the replacement facilities meet the definition of “comparable facilities”
   set out in §101.75(b) of this chapter.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35192 , June 19, 2006]

§ 27.1233   Reimbursement costs of transitioning.

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   (a) Replacement downconverters. The proponent(s) must install at every
   eligible EBS receive site a downconverter designed to minimize the reception
   of signals from outside the MBS.

   (1) An EBS receive site is eligible to be replaced if:

   (i) A reception system was installed at that site on or before the date the
   EBS licensee receives its Pre-Transition Data Request (see §27.1231(d));

   (ii) The reception system was installed by or at the direction of the EBS
   licensee;

   (iii) The reception system receives EBS programming under §27.1203(b) and
   (c) or is located at a cable television system headend and the cable system
   relays educational or instructional programming for an EBS licensee; and

   (iv) It is within the licensee's 35-mile radius GSA.

   (2) Replacement downconverters must meet the following minimum technical
   requirements:

   (i) The downconverter's input frequency range (the “in-band frequencies”)
   must be 2572 MHz to 2614 MHz and output frequency range must be 294 MHz to
   336 MHz;

   (ii) The downconversion process must not invert frequencies;

   (iii) The nominal gain of the downconverter must be 32 dB, or greater;

   (iv) The downconverter must include filtering prior to the first amplifier
   that attenuates frequencies below 2500 MHz and above 2705 MHz by at least 25
   dB;

   (v) The downconverter must have an out-of-band input 3rd order intercept
   point (input IP3) of at least +9 dBm, where out-of-band is defined as all
   frequencies below 2566 MHz and all frequencies above 2620 MHz;

   (vi) The downconverter must have a typical noise figure of no greater than
   3.5 dB and a worst case noise figure of no greater than 4.5 dB across all
   in-band frequencies and across its entire intended operating temperature
   range;

   (vii) The downconverter must not introduce a delta group delay of more than
   20  nanoseconds  for  digital operations or 100 nanoseconds for analog
   operations over any individual six megahertz MBS channel.

   (b) Migration of Video Programming and Data Transmission Track. (1) The
   proponent(s) must provide, at its cost, to each EBS licensee that intends to
   continue downstream high-power, high-site educational video programming or
   data transmission services, with one programming track on the MBS channels
   for each EBS video or data transmission track the licensee is transmitting
   on a simultaneous basis before the transition.

   (i)  To  be  eligible  for migration, a program track must contain EBS
   programming that complies with §27.1203 (b) and (c).

   (ii) The proponent(s) must pay only the costs of migrating programming
   tracks being transmitted on December 31, 2002 or within six months prior
   thereto.

   (2)  The  proponent(s) must migrate each eligible programming track to
   spectrum in the MBS that will be licensed to the affected licensee at the
   conclusion of the transition.

   (3) After the transition, the desired-to-undesired signal level ratio at
   each of the receive sites securing a replacement downconverter must satisfy
   the following criteria:

   (i) Cochannel D/U Ratio. (A) When the post-transition desired signal is
   transmitted using analog modulation, the actual cochannel D/U ratio measured
   at the output of the reception antenna must be at least the lesser of 45 dB
   or the actual pre-transmission D/U ratio less 1.5 dB.

   (B)  When the post-transition desired signal will be transmitted using
   digital modulation, the actual cochannel D/U ratio measured at the output of
   the  reception  antenna  must  be  at least the lesser of 32 dB or the
   pre-transition D/U ratio less 1.5 dB.

   (C) Where in implementing the Transition Plan, the proponent(s) deploys
   precise frequency offset in an analog system, the minimum cochannel D/U
   ratio  is reduced to 38 dB, provided that the transmitters have or are
   upgraded pursuant to the Transition Plan to have the appropriate “plus,”
   “zero,” or “minus” 10,010 Hertz precision frequency offset with a ±3 Hertz
   (or better) stability.

   (ii) Adjacent Channel D/U Ratio. The actual adjacent channel D/U must equal
   or exceed the lesser of 0 dB or the actual pre-transmission D/U ratio.
   However, in the event that the receive site uses receivers or is upgraded by
   the proponent(s) as part of the Transition Plan to use receivers that can
   tolerate negative adjacent channel D/U ratios, the actual adjacent channel
   D/U ratio at such receive site must equal or exceed –10 dB. Provided that
   the receive site receiver is not upgraded and cannot tolerate –10 dB, the
   adjacent channel D/U ratio would be 0dB.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35193 , June 19, 2006]

§ 27.1234   Terminating existing operations in transitioned markets.

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   Licensees may discontinue operations during the transition.

§ 27.1235   Post-transition notification.

   top

   The  proponent(s)  must certify to the Commission at the Office of the
   Secretary,  Washington,  DC,  that  the Transition Plan has been fully
   implemented.

   (a) The notification must provide the identification of the licensees that
   have  transitioned  to  the  band plan in §27.5(i)(2) and the specific
   frequencies on which each licensee is operating.

   (b) For each station in the MBS, the notification must provide the following
   information:

   (1) The station coordinates,

   (2) The make and model of each antenna,

   (3) The horizontal and vertical pattern of the antenna;

   (4) EIRP of the main lobe;

   (5) Orientation;

   (6) Height of antenna center of radiation;

   (7) Transmitter output power;

   (8) All line and combiner losses.

   (c) The proponent(s) must provide copies of the post-transition notice to
   all parties of the transition.

   (d) A BRS or EBS licensee must file any objection to the post-transition
   notification within 30 days from the date the post-transition notification
   is placed on Public Notice.

   [ 69 FR 72034 , Dec. 10, 2004, as amended at  71 FR 35193 , June 19, 2006]

§ 27.1236   Self-transitions.

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   (a) If an Initiation Plan is not filed within 30 months of July 19, 2006 for
   a BTA, BRS and EBS licensees in that BTA may self-transition by relocating
   to their default channel locations specified in §27.5(i)(2) and complying
   with §§27.50(h), 27.53, 27.55 and 27.1221.

   (b) To self-transition, a BRS or EBS licensee must:

   (1) Notify the Secretary of the Commission on or before 90 days after the
   Initiation  Plan  must  be  filed  with  the  Commission  that it will
   self-transition (see paragraph (a) of this section);

   (2) Send a Self-Transition Notification (see paragraph (c) of this section)
   to other BRS and EBS licensees in the BTA where the self-transitioning
   licensee's   GSA  geographic  center  point  is  located  that  it  is
   self-transitioning;

   (3) Notify other licensees whose GSAs overlap with the self-transitioning
   licensee that it is self-transitioning.

   (4) Address interference concerns with other BRS and EBS licensees in the
   BTA that are also self-transitioning;

   (5) File a modification application with the Commission, and

   (6) Complete the self-transition within 57 months of July 19, 2006.

   (c) Self-Transition Notification. The Self-Transition Notification must
   include  the EBS licensee's full name, postal mailing address, contact
   person, e-mail address, and phone and fax numbers. A self-transitioning EBS
   licensee must provide the following information to all BRS and EBS licensees
   located in the BTA where the self-transitioning licensees GSA geographic
   center point is located:

   (1) The location (by street address and by geographic coordinates) of every
   constructed  EBS receive site that, as of the date the Self-Transition
   Notification  is sent, is entitled to a replacement downconverter (see
   §27.1233(a)). The response must:

   (i) Specify whether the downconverting antenna is mounted on a structure
   attached to the building or on a free-standing structure;

   (ii) Specify the approximate height above ground level of the downconverting
   antenna; and

   (iii)  Specify,  if  known, the adjacent channel D/U ratio that can be
   tolerated by any receiver(s) at the receive site.

   (2) The location (street address and geographic coordinates) of the main
   station or booster serving each EBS receive site entitled to protection,
   including:

   (i) The make and model of the antenna for that main station or booster,
   along  with  the  radiation  pattern  if it is not included within the
   Commission's database;

   (ii) The ground elevation, above mean sea level (AMSL), of the building or
   antenna  supporting  structure  on  which  the main station or booster
   transmission antenna is installed;

   (iii) The height above ground level (AGL) of the center of radiation of the
   transmission antenna;

   (iv) The orientation of the main lobe of the transmission antenna;

   (v) Any mechanical beamtilt or electrical beamtilt not reflected in the
   radiation pattern provided or included within the Commission's database;

   (vi) The bandwidth of each channel or subchannel, the emission type for each
   channel or subchannel, and the EIRP measured in the main lobe for each
   channel or subchannel; and

   (vii) The make and model of the receive antenna installed at that site,
   along  with  the  radiation  pattern  if it is not included within the
   Commission's database.

   (3)  The  number  and  identification of EBS video programming or data
   transmission tracks the EBS licensee is entitled to receive in the MBS (see
   §27.1233(b)).

   [ 71 FR 35193 , June 19, 2006]

§ 27.1237   Pro rata allocation of transition costs.

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   (a)  Self-transitions.  EBS  licensees  that  self-transition may seek
   reimbursement  for their costs to replace eligible downconverters (see
   §27.1233(a)) and to migrate video programming and data transmission tracks
   (see  §27.1233(b))  from  BRS  licensees and lessees, EBS lessees, and
   commercial  EBS licensees in the BTA where the center point of the EBS
   licensee's GSA is located. In addition, BRS licensees and lessees, EBS
   lessees, and commercial EBS licensees in the LBS or UBS must reimburse the
   self-transitioning EBS licensee a pro rata share of the eligible costs of
   transitioning EBS licensees, based on the formula in paragraph (c) of this
   section. Eligible costs are listed in §27.1238.

   (b) Proponent-driven transitions. BRS licensees and lessees, entities that
   lease EBS spectrum for a commercial purpose, and commercial EBS licensees
   must pay their own transition costs. In addition, except for MVPD operators
   that opt-out of the transition, BRS licensees and lessees, EBS lessees, and
   commercial EBS licensees in the LBS or UBS must reimburse the proponent a
   pro rata share of the eligible costs of transitioning EBS licensees, based
   on the formula in paragraph (c) of this section. Eligible costs are listed
   in §27.1238.

   (c) Formula. The pro rata share shall be based on the following formula:
   [MATH:  :MATH]

   (1) R equals the pro rata share;

   (2) L equals the amount of spectrum used by a BRS licensee or lessee or
   commercial EBS licensee or lessee to provide a commercial service, either
   directly or through a lease agreement with an EBS or BRS licensee;

   (3) T equals the total amount of spectrum licensed or leased for commercial
   purposes in the BTA;

   (4) LP equals the population of the geographic service area or BTA served by
   the BRS licensee or lessee or commercial EBS licensee or lessee based on the
   data in the 2000 United States Census; and

   (5) TP equals the population of the BTA based on the data in the 2000 United
   States Census.

   [ 71 FR 35193 , June 19, 2006]

§ 27.1238   Eligible costs.

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   (a) The costs listed in paragraphs (b) through (f) of this section are
   eligible costs.

   (b) Pre-transition costs: 

   (1) Engineering/Consulting

   (i) Evaluation of equipment;

   (ii) RX site identification;

   (iii) EBS Programming plan covering the BTA;

   (iv) Market Analysis (MHz per POP Study);

   (v) RF study (interference analysis); and

   (vi) Transition Plan creation and support;

   (2) Project management (may be sourced external);

   (3) Filing fees;

   (4) Legal fees;

   (5) Site acquisition fees-contractor; and

   (6) Arbitrator fee;

   (c) Transmission facility—analog conversion costs: 

   (1) Transmitter upgrading or retuning;

   (2) Combiner re-tuning or new;

   (3) Power divider/circulator adjacent channel combiner hardware;

   (4) STL/fiber relocation;

   (5) Miscellaneous material costs (including cabling and connectors);

   (6) Contract labor:

   (i) Tower;

   (ii) Building modifications;

   (iii) Electrical/HVAC; and

   (iv) Mechanical

   (7) Engineering:

   (i) Structural; and

   (ii) Pathway Interference Analysis.

   (8) Equipment disposal/shipping

   (9) Program Management (third party or internal costs to manage the BTA
   conversion); and

   (10) Travel and Per Diem Cost.

   (d) Transmission facility-digital conversion costs: 

   (1) New transmitter or retuning;

   (2) Digital compression equipment-TX site (including encoders, controller,
   and software);

   (3) Combiners-new or retune;

   (4) Power divider/circulator adjacent channel combiner hardware;

   (5) Cabinets, cabling, feedline and connectors;

   (6) STL—fiber digital upgrade;

   (7) Installation cost due to adding additional broadcast antenna (4 or more
   digital channels required);

   (8) Contract labor:

   (i) Tower;

   (ii) Building modifications;

   (iii) Electrical/HVAC; and

   (iv) Mechanical.

   (9) Proof of performance testing (may be contracted);

   (10) Engineering:

   (i) Structural; and

   (ii) Path engineering analysis.

   (11) Equipment disposal/shipping;

   (12) Training;

   (13)  Program  management (third party or internal costs to manage BTA
   conversion);

   (14) Travel and per diem costs.

   (e) Qualified receive-sites only-modifications (analog and digital): 

   (1) Digital set top boxes;

   (2) Downconverters (with filtering)/antennas (replacement downconverters);

   (3) Contract labor:

   (i) Antenna change/DC install (antenna change may be necessary); and

   (ii) Electrical; and mechanical

   (4) Project management (third party or internal costs to manage the BTA
   conversion);

   (5) Proof of performance testing (may be contracted);

   (6) Mini headend (cost effective distribution method):

   (i) Modulators, combiners;

   (ii) Equipment racks; and

   (iii) Amplifiers

   (7) Cable, connectors; and

   (8) Training.

   (f) Miscellaneous transition fees. (1) Filing fees;

   (2) Arbitrator fee; and

   (3) Legal fees.

   [ 71 FR 35193 , June 19, 2006]

§ 27.1239   Reimbursement obligation.

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   (a) A proponent may request reimbursement from BRS licensees and lessees,
   EBS lessees, and commercial EBS licensees in a BTA after the Transition
   Notification has been filed with the Secretary of the Commission and the
   proponent has accumulated the documentation to substantiate the full and
   accurate cost of the transition. A self-transitioning licensee may request
   reimbursement from BRS licensees and lessees, EBS lessees, and commercial
   EBS licensees in a BTA where its GSA geographic center point is located
   after it has completed the self-transition and has filed a modification
   application with the Commission and has accumulated the documentation to
   substantiate the full and accurate cost of the transition.

   (b) If a license is assigned, transferred, partitioned, or disaggregated,
   all parties to the assignment, transfer, disaggregation, or partition are
   jointly and severally liable for paying the reimbursement obligation until
   that obligation is paid.

   [ 71 FR 35193 , June 19, 2006]

Relocation Procedures for the 2150–2160/62 MHz Band

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   Source:   Sections 27.1250 through 27.1255 appear at  71 FR 29840 , May 24,
   2006, unless otherwise noted.

§ 27.1250   Transition of the 2150–2160/62 MHz band from the Broadband Radio
Service to the Advanced Wireless Service.

   top

   The  2150–2160/62  MHz band has been allocated for use by the Advanced
   Wireless Service (AWS). The rules in this section provide for a transition
   period during which AWS licensees may relocate existing Broadband Radio
   Service  (BRS)  licensees  using  these  frequencies to their assigned
   frequencies in the 2496–2690 MHz band or other media.

   (a) AWS licensees and BRS licensees shall engage in mandatory negotiations
   for the purpose of agreeing to terms under which the BRS licensees would:

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

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

   (b) If no agreement is reached during the mandatory negotiation period, an
   AWS  licensee  may  initiate  involuntary relocation procedures. Under
   involuntary relocation, the incumbent is required to relocate, provided that
   the AWS licensee meets the conditions of §27.1252.

   (c)  Relocation of BRS licensees by AWS licensees will be subject to a
   three-year mandatory negotiation period. BRS licensees may suspend the
   running of the three-year negotiation period for up to one year if the BRS
   licensee cannot be relocated to comparable facilities at the time the AWS
   licensee seeks entry into the band.

§ 27.1251   Mandatory Negotiations.

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   (a) Once mandatory negotiations have begun, a BRS licensee may not refuse to
   negotiate and all parties are required to negotiate in good faith. Good
   faith  requires each party to provide information to the other that is
   reasonably necessary to facilitate the relocation process. The BRS licensee
   is required to cooperate with an AWS licensee's request to provide access to
   the facilities to be relocated, other than the BRS customer location, so
   that an independent third party can examine the BRS system and prepare an
   appraisal of the costs to relocate the incumbent. In evaluating claims that
   a party has not negotiated in good faith, the FCC will consider, inter alia,
   the following factors:

   (1) Whether the AWS licensee has made a bona fide offer to relocate the BRS
   licensee to comparable facilities in accordance with §27.1252(b);

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

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

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

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

   (c) Mandatory negotiations will commence for each BRS licensee when the AWS
   licensee informs the BRS licensee in writing of its desire to negotiate.
   Mandatory negotiations will be conducted with the goal of providing the BRS
   licensee with comparable facilities, defined as facilities possessing the
   following characteristics:

   (1) Throughput. Communications throughput is the amount of information
   transferred within a system in a given amount of time. System is defined as
   a base station and all end user units served by that base station. If analog
   facilities are being replaced with analog, comparable facilities may provide
   a comparable number of channels. If digital facilities are being replaced
   with digital, comparable facilities provide equivalent data loading bits per
   second (bps).

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

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

   (d) AWS licensees are responsible for the relocation costs of end user units
   served by the BRS base station that is being relocated. If a lessee is
   operating under a BRS license, the BRS licensee may rely on the throughput,
   reliability,  and  operating costs of facilities in use by a lessee in
   negotiating  comparable  facilities  and  may  include  the  lessee in
   negotiations.

§ 27.1252   Involuntary Relocation Procedures.

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   (a) If no agreement is reached during the mandatory negotiation period, an
   AWS  licensee may initiate involuntary relocation procedures under the
   Commission's rules. AWS licensees are obligated to pay to relocate BRS
   systems  to  which the AWS system poses an interference problem. Under
   involuntary relocation, the BRS licensee is required to relocate, provided
   that the AWS licensee:

   (1) Guarantees payment of relocation costs, including all engineering,
   equipment,  site  and  FCC fees, as well as any legitimate and prudent
   transaction  expenses  incurred  by the BRS licensee that are directly
   attributable to an involuntary relocation, subject to a cap of two percent
   of the “hard” costs involved. Hard costs are defined as the actual costs
   associated  with providing a replacement system, such as equipment and
   engineering expenses. There is no cap on the actual costs of relocation. AWS
   licensees are not required to pay BRS licensees for internal resources
   devoted to the relocation process. AWS licensees are not required to pay for
   transaction costs incurred by BRS licensees during the mandatory period once
   the involuntary period is initiated, or for fees that cannot be legitimately
   tied to the provision of comparable facilities; and

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

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

   (1) Throughput. Communications throughput is the amount of information
   transferred within a system in a given amount of time. System is defined as
   a base station and all end user units served by that base station. If analog
   facilities are being replaced with analog, the AWS licensee is required to
   provide the BRS licensee with a comparable number of channels. If digital
   facilities are being replaced with digital, the AWS licensee must provide
   the BRS licensee with equivalent data loading bits per second (bps). AWS
   licensees must provide BRS licensees with enough throughput to satisfy the
   BRS licensee's system use at the time of relocation, not match the total
   capacity of the BRS system.

   (2) Reliability. System reliability is the degree to which information is
   transferred accurately within a system. AWS licensees must provide BRS
   licensees with reliability equal to the overall reliability of their system.
   For digital data systems, reliability is measured by the percent of time the
   bit error rate (BER) exceeds a desired value, and for analog or digital
   video transmissions, it is measured by whether the end-to-end transmission
   delay is within the required delay bound.

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

   (c) AWS licensees are responsible for the relocation costs of end user units
   served by the BRS base station that is being relocated. If a lessee is
   operating under a BRS license, the AWS licensee shall on the throughput,
   reliability, and operating costs of facilities in use by a lessee at the
   time of relocation in determining comparable facilities for involuntary
   relocation purposes.

   (d) Twelve-month trial period. If, within one year after the relocation to
   new facilities, the BRS licensee demonstrates that the new facilities are
   not comparable to the former facilities, the AWS licensee must remedy the
   defects or pay to relocate the BRS licensee to one of the following: Its
   former or equivalent 2 GHz channels, another comparable frequency band, a
   land-line system, or any other facility that satisfies the requirements
   specified in paragraph (b) of this section. This trial period commences on
   the date that the BRS licensee begins full operation of the replacement
   system. If the BRS licensee has retained its 2 GHz authorization during the
   trial period, it must return the license to the Commission at the end of the
   twelve months.

§ 27.1253   Sunset Provisions.

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   (a) BRS licensees will maintain primary status in the 2150–2160/62 MHz band
   unless and until an AWS licensee requires use of the spectrum. AWS licensees
   are not required to pay relocation costs after the relocation rules sunset (
   i.e. fifteen years from the date the first AWS license is issued in the
   band). Once the relocation rules sunset, an AWS licensee may require the
   incumbent to cease operations, provided that the AWS licensee intends to
   turn on a system within interference range of the incumbent, as determined
   by §27.1255. AWS licensee notification to the affected BRS licensee must be
   in writing and must provide the incumbent with no less than six months to
   vacate the spectrum. After the six-month notice period has expired, the BRS
   licensee must turn its license back into the Commission, unless the parties
   have entered into an agreement which allows the BRS licensee to continue to
   operate on a mutually agreed upon basis.

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

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

   (2)  The public interest would be harmed if the incumbent is forced to
   terminate operations.

§ 27.1254   Eligibility.

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   (a) BRS licensees with primary status in the 2150–2162 MHz band as of June
   23, 2006, will be eligible for relocation insofar as they have facilities
   that are constructed and in use as of this date.

   (b) Future Licensing and Modifications. After June 23, 2006, all major
   modifications to existing BRS systems in use in the 2150–2160/62 MHz band
   will be authorized on a secondary basis to AWS systems, unless the incumbent
   affirmatively  justifies primary status and the incumbent BRS licensee
   establishes that the modification would not add to the relocation costs of
   AWS licensees. Major modifications include the following:

   (1) Additions of new transmit sites or base stations made after June 23,
   2006;

   (2) Changes to existing facilities made after June 23, 2006, that would
   increase  the  size  or  coverage of the service area, or interference
   potential, and that would also increase the throughput of an existing system
   (  e.g. , sector splits in the antenna system). Modifications to fully
   utilize the existing throughput of existing facilities ( e.g. , to add
   customers) will not be considered major modifications even if such changes
   increase  the  size  or  coverage of the service area, or interference
   potential.

§ 27.1255   Relocation Criteria for Broadband Radio Service Licensees in the
2150–2160/62 MHz band.

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   (a)  An AWS licensee in the 2150–2160/62 MHz band, prior to initiating
   operations  from  any  base or fixed station that is co-channel to the
   2150–2160/62 MHz band, must relocate any incumbent BRS system that is within
   the line of sight of the AWS licensee's base or fixed station. For purposes
   of this section, a determination of whether an AWS facility is within the
   line of sight of a BRS system will be made as follows:

   (1) For a BRS system using the 2150–2160/62 MHz band exclusively to provide
   one-way  transmissions to subscribers, the AWS licensee will determine
   whether  there  is  an unobstructed signal path (line of sight) to the
   incumbent licensee's geographic service area (GSA), based on the following
   criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use
   of  the  actual transmitting antenna height and terrain elevation, and
   assumption of 4/3 Earth radius propagation conditions. Terrain elevation
   data  must be obtained from the U.S. Geological Survey (USGS) 3-second
   database. All coordinates used in carrying out the required analysis shall
   be based upon use of NAD–83.

   (2) For all other BRS systems using the 2150–2160/62 MHz band, the AWS
   licensee will determine whether there is an unobstructed signal path (line
   of sight) to the incumbent licensee's receive station hub using the method
   prescribed in “Methods for Predicting Interference from Response Station
   Transmitters and to Response Station Hubs and for Supplying Data on Response
   Station Systems. MM Docket 97–217,” in Amendment of Parts 1, 21 and 74 to
   Enable Multipoint Distribution Service and Instructional Television Fixed
   Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No.
   97–217, Report and Order on Further Reconsideration and Further Notice of
   Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D.

   (b)  Any AWS licensee in the 2110–2180 MHz band that causes actual and
   demonstrable interference to a BRS licensee in the 2150–2160/62 MHz band
   must take steps to eliminate the harmful interference, up to and including
   relocation of the BRS licensee, regardless of whether it would be required
   to do so under paragraph (a), of this section.

Subpart N—xxx

   top

   Link to an amendment published at  72 FR 48854 , Aug. 24, 2007.



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