Sec.  90.663   MTA-based SMR system operations.

   (a) MTA-based licensees authorized in the 896–901/935–940 MHz band pursuant
   to  Sec. 90.661 may construct and operate base stations using any frequency
   identified in their spectrum block anywhere within their authorized MTA,
   provided that:

   (1) The MTA licensee affords protection, in accordance with  Sec. 90.621(b), to
   all sites for which applications were filed on or prior to August 9, 1994.

   (2) The MTA licensee complies with any rules and international agreements
   that  restrict  use of frequencies identified in their spectrum block,
   including  the  provisions  of   Sec. 90.619  relating to U.S./Canadian and
   U.S./Mexican border areas.

   (3) The MTA licensee limits its field strength at any location on the border
   of the MTA service area in accordance with  Sec. 90.671 and masks its emissions
   in accordance with  Sec. 90.669.

   (b)  In  the  event that the authorization for a previously authorized
   co-channel station within the MTA licensee's authorized spectrum block is
   terminated or revoked, the MTA licensee's co-channel obligations to such
   station will cease upon deletion of the facility from the Commission's
   licensing  record. The MTA licensee then will be able to construct and
   operate base stations using such frequency.

   [ 60 FR 21991 , May 4, 1995]