Sec.  90.763   EA, Regional and nationwide system operations.

   (a) A nationwide licensee authorized pursuant to  Sec. 90.717(a) may construct
   and operate any number of land mobile or paging base stations, or fixed
   stations, anywhere in the Nation, and transmit on any of its authorized
   channels, provided that the licensee complies with the requirements of
    Sec. 90.733(i).

   (b) An EA or Regional licensee authorized pursuant to  Sec. 90.761 may construct
   and operate any number of land mobile or paging base stations, or fixed
   stations, anywhere within its authorized EA or REAG, and transmit on any of
   its authorized channels, provided that:

   (1) The licensee affords protection to all authorized co-channel Phase I
   non-nationwide base stations as follows:

   (i) The EA or Regional licensee must locate its land mobile or paging base
   stations,  or  fixed  stations  transmitting  on base station transmit
   frequencies, at least 120 km from the land mobile or paging base stations,
   or fixed stations transmitting on base station transmit frequencies, of
   co-channel Phase I licensees, except that separations of less than 120 km
   shall be considered on a case-by-case basis upon submission by the EA or
   Regional licensee of:

   (A) A technical analysis demonstrating at least 10 dB protection to the
   predicted 38 dBu service contour of the co-channel Phase I licensee, i.e.,
   demonstrating that the predicted 28 dBu interfering contour of the EA or
   Regional licensee's base station or fixed station does not overlap the
   predicted 38 dBu service contour of the co-channel Phase I licensee's base
   station or fixed station; or

   (B) A written letter from the co-channel Phase I licensee consenting to a
   separation of less than 120 km, or to less than 10 dB protection to the
   predicted 38 dBu service contour of the licensee's base station or fixed
   station.

   (ii) The Phase I licensee's predicted 38 dBu service contour referred to in
   paragraph (a)(1)(i) of this section is calculated using the F(50,50) field
   strength chart for Channels 7–13 in  Sec. 73.699 (Fig. 10) of this chapter, with
   a 9 dB correction factor for antenna height differential, and is based on
   the   licensee's  authorized  effective  radiated  power  and  antenna
   height-above-average-terrain. The EA or Regional licensee's predicted 28 dBu
   interfering contour referred to in paragraph (a)(1)(i) of this section is
   calculated using the F(50,10) field strength chart for Channels 7–13 in
    Sec. 73.699  (Fig. 10a) of this chapter, with a 9 dB correction factor for
   antenna height differential.

   (2) The licensee complies with the requirements of  Sec. 90.733(i).

   (3) The licensee limits the field strength of its base stations, or fixed
   stations operating on base station transmit frequencies, in accordance with
   the provisions of  Sec. 90.771.

   (4) Upon request by a licensee or the Commission, an EA or regional licensee
   shall furnish the technical parameters, location and coordinates of the
   completion of the addition, removal, relocation or modification of any of
   its facilities within the EA or region. The EA or regional licensee must
   provide  such  information  within  ten (10) days of receiving written
   notification.

   (c)  In the event that the authorization for a co-channel Phase I base
   station, or fixed station transmitting on base station transmit frequencies,
   within an EA or Regional licensee's border is terminated or revoked, the EA
   or Regional licensee's channel obligations to such stations will cease upon
   deletion of the facility from the Commission's official licensing records,
   and the EA or Regional licensee then will be able to construct and operate
   without regard to the previous authorization.

   [ 62 FR 15998 , 15999, Apr. 3, 1997, as amended at  63 FR 68973 , Dec. 14, 1998]