Sec.  22.817   Additional channel policies.

   The  rules  in  this section govern the processing of applications for
   authority to operate a ground station transmitter on any ground station
   communication channel listed in  Sec. 22.805 when the applicant has applied or
   been  granted  an authorization for other ground station communication
   channels in the same area. The general policy of the FCC is to assign one
   ground station communication channel in an area to a carrier per application
   cycle, up to a maximum of six ground station communication channels per
   area. That is, a carrier must apply for one ground station communication
   channel, receive the authorization, construct the station, and notify the
   FCC of commencement of service before applying for an additional ground
   station communication channel in that area.

   (a) Air-ground transmitters in same area. Any transmitter on any of the
   ground station channels listed in  Sec. 22.805 is considered to be in the same
   area as another transmitter on any ground station channel listed in  Sec. 22.805
   if it is located less than 350 kilometers (217 miles) from that transmitter.

   (b) Initial channel. The FCC will not assign more than one ground station
   communication  channel  for  new  ground stations. Ground stations are
   considered to be new if there are no authorized ground station transmitters
   on any channel listed in  Sec. 22.805 controlled by the applicant in the same
   area.

   (c) Additional channel. Applications for ground transmitters to be located
   in  the  same  area  as an authorized ground station controlled by the
   applicant,  but to operate on a different ground station communication
   channel,  are  considered  as requesting an additional channel for the
   authorized station.

   (d) Amendment of pending application. If the FCC receives and accepts for
   filing an application for a ground station transmitter to be located in the
   same area as a ground station transmitter proposed in a pending application
   previously  filed  by the applicant, but on a different ground station
   communication channel, the subsequent application is treated as a major
   amendment to change the technical proposal of the prior application. The
   filing date of any application so amended is the date the FCC received the
   subsequent application.

   (e) Dismissal of premature applications for additional channel. If the FCC
   receives  an  application  requesting  an  additional  ground  station
   communication channel for an authorized ground station prior to receiving
   notification that the station is providing service to subscribers on the
   authorized  channel(s),  the  FCC may dismiss that application without
   prejudice.

   (f) Dismissal of applications for seventh channel. If the FCC receives an
   application requesting an additional ground station communication channel
   for an authorized ground station which would, if granted, result in that
   station being assigned more than six ground station communication channels
   in the same area, the FCC may dismiss that application without prejudice.

Commercial Aviation Air-Ground Systems