Sec.  90.159   Temporary and conditional permits.

   (a) An applicant for a license under this part (other than a commercial
   mobile radio license) utilizing an already licensed facility may operate the
   radio station(s) for a period of up to one hundred eighty (180) days after
   submitting a Form 601 application for a station license in accordance with
    Sec. 90.127 of this part, provided that all the antennas employed by control
   stations are 6.1 meters (20 feet) or less above ground or 6.1 meters (20
   feet) or less above a man-made structure other than an antenna tower to
   which it is affixed. When required by  Sec. 90.175 of this part, applications
   must be accompanied by evidence of frequency coordination. The temporary
   operation  of stations, other than mobile stations within the Canadian
   coordination zone is limited to stations with a maximum of 5 watts effective
   radiated power and a maximum antenna height of 6.1 meters (20 ft) above
   average terrain.

   (b) An applicant proposing to operate a new land mobile radio station or
   modify an existing station below 470 MHz or in the one-way paging 929–930
   MHz band (other than a commercial mobile radio service applicant or licensee
   on  these bands) that is required to submit a frequency recommendation
   pursuant to paragraphs (b) through (h) of  Sec. 90.175 of this part may operate
   the proposed station during the pendency of its application for a period of
   up to one hundred eighty (180) days upon the filing of a properly completed
   formal Form 601 application that complies with  Sec. 90.127 of this part if the
   application  is  accompanied  by evidence of frequency coordination in
   accordance  with   Sec. 90.175 of this part and provided that the following
   conditions are satisfied:

   (1) For applicants proposing to operate below 470 MHz, that the proposed
   station location is south of Line A or west of Line C as defined in  Sec. 90.7;
   for applicants in the one-way paging 929–930 MHz band, that the proposed
   station location is west of Line C as defined in  Sec. 90.7.

   (2)  The proposed antenna structure has been previously studied by the
   Federal Aviation Administration and determined to pose no hazard to aviation
   safety as required by  Sec. 17.4 of the Commission's Rules; or the proposed
   antenna or tower structure does not exceed 6.1 meters (20 feet) above ground
   level  or  above an existing man-made structure (other than an antenna
   structure), if the antenna or tower has not been previously studied by the
   Federal Aviation Administration and cleared by the FCC.

   (3)  The  grant  of  the  application does not require a waiver of the
   Commission's Rules.

   (4)  The  applicant has determined that the proposed facility will not
   significantly affect the environment as defined in  Sec. 1.1307.

   (5) The applicant has determined that the proposed station affords the level
   of  protection  to radio quiet zones and radio receiving facilities as
   specified in  Sec. 1.924 of this chapter.

   (6) The applicant has submitted an application to the Commission stating the
   frequency the applicant intends to use and that the frequency coordination
   requirements specified in  Sec. 90.175 for selection and use of this frequency
   have  been  met  and a minimum of ten business days has passed between
   submission of the application to the Commission and the onset of operation.

   (c) An applicant proposing to operate an itinerant station or an applicant
   seeking the assignment of authorization or transfer of control of a license
   for an existing station below 470 MHz or in the 929–930 MHz band (other than
   a commercial mobile radio service applicant or licensee on these bands) may
   operate the proposed station during the pendency of the application for a
   period not to exceed one hundred eighty (180) days upon the filing of a
   properly completed formal Form 601 application that complies with  Sec. 90.127 of
   this part. Conditional authority ceases immediately if the application is
   dismissed by the Commission. All other categories of applications listed in
    Sec. 90.175(i)  of  this  part  that  do not require evidence of frequency
   coordination are excluded from the provisions of this section.

   (d) Conditional authorization does not prejudice any action the Commission
   may take on the subject application. Conditional authority is accepted with
   the express understanding that such authority may be modified or canceled by
   the  Commission  at  any  time without hearing if, in the Commission's
   discretion, the need for such action arises. Consistent with  Sec. 90.175(g) of
   this part, the applicant assumes all risks associated with operation under
   conditional  authority, the termination or modification of conditional
   authority,  or  the subsequent dismissal or denial of its application.
   Authority  reverts  back  to  the  original licensee if an assignee or
   transferee's conditional authority is canceled.

   (e) The transmissions of new stations operating pursuant to conditional
   authority shall be identified by a temporary call sign consisting of the
   prefix “WT” followed by the applicant's local seven digit business telephone
   number  as  provided  in   Sec. 2.302.  Transmissions by applicants for the
   modification, assignment of authorization or transfer of control of an
   existing station shall be identified by the station's call sign.

   [ 51 FR 14997 , Apr. 22, 1986, as amended at  54 FR 50239 , Dec. 5, 1989;  58 FR 44956 , Aug. 25, 1993;  58 FR 62291 , Nov. 26, 1993;  59 FR 59959 , Nov. 21,
   1994;  62 FR 18924 , Apr. 17, 1997;  63 FR 68964 , Dec. 14, 1998;  69 FR 17959 ,
   Apr. 6, 2004]

Special Rules Governing Facilities Used To Provide Commercial Mobile Radio
Services

   Source:    59 FR 59959 , Nov. 21, 1994;  63 FR 68964 , Dec. 14, 1998, unless
   otherwise noted.

   Note: The following rules ( Sec. 90.165 through  Sec. 90.169) govern applications,
   licensing, and operation of radio facilities in the 220–222 MHz (subpart T),
   Business Radio (subpart D), 929–930 MHz Paging (subpart P), and Specialized
   Mobile Radio (subpart S) services that are used to provide commercial mobile
   radio services (see  Sec.  Sec. 20.3 and 20.9 of this chapter). Compliance with the
   rules relating to applications and licensing of facilities on paging-only
   channels in the Business Radio Service (see  Sec. 90.75(c)(10)) and 929–930 MHz
   paging channels (see  Sec. 90.494(a),(b)) is not required prior to August 10,
   1996. Compliance with  Sec. 90.168 is also not required prior to August 10, 1996
   for reclassified commercial mobile radio service providers who are to be
   regulated as private carriers until August 10, 1996 as provided in the
   Second Report and Order in GN Docket No. 93–252, 9 FCC Rcd 2348 (1994),
   paras. 280–284. The licensing and operation of radio facilities in the
   220–222 MHz (subpart T), Business Radio (subpart D), 929–930 MHz Paging
   (subpart P), and Specialized Mobile Radio (subpart S) services that are used
   to  provide commercial mobile radio services are also subject to rules
   elsewhere in this part that apply generally to Private Land Mobile Radio
   Services. In the case of any conflict between rules set forth in  Sec.  Sec. 90.165
   through 90.169 and other rules in this part,  Sec.  Sec. 90.165 through 90.169 apply.
   14–23.  New   Sec.  Sec. 90.165 through 90.169 are added to subpart G to read as
   follows: