Sec.  90.667   Grandfathering provisions for incumbent licensees.

   (a)  These  provisions apply to all 900 MHz SMR licensees who obtained
   licenses or filed applications for secondary sites on or before August 9,
   1994 (“incumbent licensees”), as well as to all 900 MHz SMR licensees who
   obtained authorizations pursuant to  Sec. 90.173(k). An incumbent licensee's
   service  area shall be defined by its originally-licensed 40 dBu field
   strength contour. Incumbent licensees are permitted to add new or modify
   transmit sites in this existing service area without prior notification to
   the Commission so long as their original 40 dBu field strength contour is
   not expanded.

   (b) Incumbent licensees operating at multiple sites may, after grant of MTA
   licenses has been completed, exchange multiple site licenses for a single
   license, authorizing operations throughout the contiguous and overlapping 40
   dBu field strength contours of the multiple sites. Incumbents exercising
   this license exchange option must submit specific information for each of
   their external base sites after the close of the 900 MHz SMR auction.

   (c) Applications in the 900 MHz SMR service for secondary sites filed after
   August 9, 1994 shall be authorized on a secondary, non-interference basis to
   MTA licensee operations. No secondary sites shall be granted on this basis
   in an MTA once the MTA licensee has been selected.

   [ 60 FR 48918 , Sept. 21, 1995]