Sec.  101.31   Temporary and conditional authorizations.

   (a) Operation at temporary locations. (1) Authorizations may be issued upon
   proper application for rendition of temporary service to subscribers under
   the following conditions:

   (i) When a fixed station, authorized to operate at temporary locations, is
   to remain at a single location for more than 6 months, an application for a
   station authorization designating that single location as the permanent
   location shall be filed at least 90 days prior to the expiration of the 6
   month period;

   (ii) The station shall be used only for rendition of communication service
   at a remote point where the provision of wire facilities is not practicable
   within the required time frame; and

   (iii) The antenna structure height employed at any location shall not exceed
   the criteria set forth in  Sec. 17.7 of this chapter unless, in each instance,
   authorization for use of a specific maximum antenna structure height for
   each location has been obtained from the Commission prior to erection of the
   antenna. See  Sec. 101.125.

   (2)  Applications  for authorizations to operate stations at temporary
   locations under the provisions of this section shall be made upon FCC Form
   601.  Blanket applications may be submitted for the required number of
   transmitters. An application for authority to operate a fixed station at
   temporary locations must specify the precise geographic area within which
   the operation will be confined. The area specified must be defined as a
   radius of operation about a specific coordinate (latitude/longitude), or as
   a county, or as a State. Exception to this specific requirement may be made
   for  exceptionally large areas, such as the continental United States.
   Sufficient data must be submitted to show the need for the proposed area of
   operation.

   (3)  Operations  in the 17.8–19.7 GHz band for any services and in the
   17.7–17.8 GHz band for MVPD operations are prohibited in the areas defined
   in  Sec. 1.924 of this chapter. Operations proposed in the areas defined in
    Sec. 1.924 of this chapter may not commence without prior specific notification
   to, and authorization from, the Commission.

   (b) Conditional authorization. (1) An applicant for a new point-to-point
   microwave radio station(s) or a modification of an existing station(s) in
   the 952.95–956.15, 956.55–959.75, 3,700–4,200; 5,925–6,425; 6,525–6,875;
   10,550–10,680; 10,700–11,700; 11,700–12,200; 12,700–13,200; 13,200–13,250;
   17,700–19,700; and 21,800–22,000 MHz, and 23,000–23,200 MHz bands ( see
    Sec. 101.147(s) for specific service usage) may operate the proposed station(s)
   during the pendency of its applications(s) upon the filing of a properly
   completed formal application(s) that complies with subpart B of part 101 if
   the applicant certifies that the following conditions are satisfied:

   (i) The frequency coordination procedures of  Sec. 101.103 have been successfully
   completed;

   (ii) The antenna structure(s) has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation safety
   as required by subpart B of part 17 of this chapter; or the antenna or tower
   structure does not exceed 6.1 meters 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;

   (iii) The grant of the application(s) does not require a waiver of the
   Commission's rules:

   (iv)  The  applicant  has  determined  that the facility(ies) will not
   significantly affect the environment as defined in  Sec. 1.1307 of this chapter;

   (v)  The  station  site  does  not  lie  within 56.3 kilometers of any
   international border, within areas identified in  Sec.  Sec. 1.924(a) through (d) of
   this chapter unless the affected entity consents in writing to conditional
   operation or, if for any services on frequencies in the 17.8–19.7 GHz band
   and for MVPD operations in the 17.7–17.8 GHz band, within any of the areas
   identified in  Sec. 1.924 of this chapter;

   (vi) If operated on frequencies in the 10.6–10.68 GHz band, the station site
   does not lie within any of the following regions:
   Name of region Dimensions=radius in kilometers Center-point
   Kitt Peak, Arizona 60 N31–57–22; W111–36–42
   Big Pine, California 60 N37–13–54; W118–16–34
   Vandenburg AFB, California 75 N34–43–00; W120–34–00
   Denver, Colorado 150 N39–43–00; W104–46–00
   Washington, DC 150 N38–48–00; W76–52–00
   Eglin AFB, Florida 50 N30–29–00; W86–32–00
   Mauna Kea, Hawaii 60 N19–48–16; W155–27–29
   North Liberty, Iowa 60 N41–46–17; W91–34–26
   Maryland Point, Maryland 60 N38–22–26; W77–14–00
   Hancock, New Hampshire 60 N42–56–01; W71–59–12
   Los Alamos, New Mexico 60 N35–46–30; W106–14–42
   Pie Town, New Mexico 60 N34–18–04; W108–07–07
   Socorro, New Mexico 160 N34–04–43; W107–37–04
   WSMR, New Mexico 75 N32–23–00; W106–29–00
   Minot AFB, North Dakota 80 N48–15–00; W101–17–00
   Arecibo, Puerto Rico 160 N18–20–37; W66–45–11
   Fort Davis, Texas 60 N30–38–06; W103–56–39
   St. Croix, Virgin Islands 60 N17–45–31; W64–35–03
   Brewster, Washington 60 N48–07–53; W119–40–55
   Green Bank, West Virginia 160 N38–25–59; W79–50–24

   Note: Coordinates are referenced to North American Datum 1983 (NAD83).

   (vii) With respect to the 21.8–22.0 GHz and 23.0–23.2 GHz band, the filed
   application(s) does not propose to operate on a frequency pair centered on
   other  than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz or
   21.975/23.175 GHz and does not propose to operate with an E.I.R.P. greater
   than 55 dBm. The center frequencies are shifted from the center frequencies
   listed above for certain bandwidths as follows: add 0.005 GHz for 20 MHz
   bandwidth  channels,  add 0.010 GHz for 30 MHz bandwidth channels, and
   subtract 0.005 GHz for 40 MHz bandwidth channels. See specific channel
   listings in  Sec. 101.147(s).

   (viii) The filed application(s) is consistent with the proposal that was
   coordinated pursuant to  Sec. 101.103.

   (2)  Conditional authority ceases immediately if the application(s) is
   returned by the Commission because it is not acceptable for filing.

   (3) Conditional authorization does not prejudice any action the Commission
   may take on the subject application(s). Conditional authority is accepted
   with  the express understanding that such authority may be modified or
   cancelled  by  the  Commission  at any time without hearing if, in the
   Commission's discretion, the need for such action arises. An applicant
   operating  pursuant  to  this  conditional authority assumes all risks
   associated with such operation, the termination or modification of the
   conditional  authority,  or  the subsequent dismissal or denial of its
   applications(s).

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 55538 , Oct. 27, 1997;  63 FR 10779 , Mar. 5, 1998;  63 FR 68981 , Dec. 14, 1998;  65 FR 38327 , June 20, 2000;
    68 FR 4955 , Jan. 31, 2003;  69 FR 17959 , Apr. 6, 2004;  71 FR 69048 , Nov. 29,
   2006]

Processing of Applications