§  101.139   Authorization of transmitters.

   (a) Unless specified otherwise, transmitters used in the private
   operational fixed and common carrier fixed point-to-point microwave and
   point-to-multipoint services under this part must be a type that has
   been verified for compliance.

   (b) Any manufacturer of a transmitter to be produced for use under the
   rules of this part may request certification or obtain verification by
   following the applicable procedures set forth in part 2 of this
   chapter.

   (c) Certification for an individual transmitter may also be requested
   by an applicant for a station authorization, pursuant to the procedures
   set forth in part 2 of this chapter.

   (d) A transmitter presently shown on an instrument of authorization,
   which operates on an assigned frequency in the 890–940 MHz band and has
   not been certificated, may continue to be used by the licensee without
   certification provided such transmitter continues otherwise to comply
   with the applicable rules and regulations of the Commission.

   (e) Certification or verification is not required for portable
   transmitters operating with peak output power not greater than 250 mW.
   If operation of such equipment causes harmful interference the FCC may,
   at its discretion, require the licensee to take such corrective action
   as is necessary to eliminate the interference.

   (f) After July 15, 1996, the manufacturer (except for export) or
   importation of equipment employing digital modulation techniques in the
   3700–4200, 5925–6425, 6525–6875, 10,550–10,680 and 10,700–11,700 MHz
   bands must meet the minimum payload capacity requirements of § 101.141.

   (g) After April 1, 2005, the manufacture (except for export) or
   importation of equipment for operation in the 21,200–23,600 MHz band
   must meet:

   (1) The 0.001% frequency tolerance requirement for digital systems in
   § 101.107(a) or the 0.03–0.003% frequency tolerance for analog sytems;
   and

   (2) For equipment employing digital modulation techniques, the minimum
   bit rate requirements of § 101.141(a).

   (h) 71,000–76,000 MHz; 81,000–86,000 MHz. For equipment employing
   digital modulation techniques, the minimum bit rate requirement is
   0.125 bit per second per Hz.

   (i) 92,000–94,000 MHz; 94,100–95,000 MHz. For equipment employing
   digital modulation techniques, the minimum bit rate requirement is 1.0
   bit per second per Hz.

   [ 63 FR 36611 , July 7, 1998, as amended at  65 FR 59358 , Oct. 5, 2000;  67 FR 43038 , June 26, 2002;  68 FR 4958 , Jan. 31, 2003;  70 FR 29998 , May
   25, 2005]