Goto Section: 90.528 | 90.531 | Table of Contents
FCC 90.529
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 90.529 State License.
(a) Narrowband channels designated as state channels in Sec. 90.531 are licensed
to each state (as defined in Sec. 90.7) as follows:
(1) Each state that chooses to take advantage of the spectrum designated as
state channels must file an application for up to 2.4 megahertz of this
spectrum no later than December 31, 2001. For purposes of this section, the
elected chief executive (Governor) of each state, or his or her designee,
shall be deemed the person authorized to apply for the State License.
(2) What ever part of this 2.4 megahertz that a state has not applied for by
December 31, 2001, will revert to General Use and be administered by the
relevant RPC (or RPCs in the instances of states that encompass multiple
RPCs).
(b) Each state license will be granted subject to the condition that the
state certifies on or before each applicable benchmark date that it is:
(1) providing or prepared to provide “substantial service” to one-third of
their population or territory by January 1, 2012, i.e., within five years of
the date that incumbent broadcasters are required to relocate to other
portions of the spectrum;
(2) providing or prepared to provide “substantial service” to two-thirds of
their population or territory by January 1, 2017, i.e., within ten years of
the date that incumbent broadcasters are required to relocate to other
portions of the spectrum.
(c) The Commission will deem a state “prepared to provide substantial
service” if the licensee certifies that a radio system has been approved and
funded for implementation by the deadline date. “Substantial service” refers
to the construction and operation of 700 MHz facilities by public safety
entities providing service which is sound, favorable , and substantially
above a level of mediocre service which just might minimally warrant
renewal.
(d) If a state licensee fails to meet any condition of the grant the state
license is modified automatically to the frequencies and geographic areas
where the state certifies that it is providing substantial service.
(e) Any recovered state license spectrum will revert to General Use.
However, spectrum licensed to a state under a state license remains
unavailable for reassignment to other applicants until the Commission's
database reflects the parameters of the modified state license.
[ 65 FR 66654 , Nov. 7, 2000]
Goto Section: 90.528 | 90.531
Goto Year: 2007 |
2009
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