§  90.667   Grandfathering provisions for incumbent licensees.

   (a) These provisions apply to all 900 MHz SMR licensees who obtained
   licenses or filed applications for secondary sites on or before August
   9, 1994 (“incumbent licensees”), as well as to all 900 MHz SMR
   licensees who obtained authorizations pursuant to § 90.173(k). An
   incumbent licensee's service area shall be defined by its
   originally-licensed 40 dBu field strength contour. Incumbent licensees
   are permitted to add new or modify transmit sites in this existing
   service area without prior notification to the Commission so long as
   their original 40 dBu field strength contour is not expanded.

   (b) Incumbent licensees operating at multiple sites may, after grant of
   MTA licenses has been completed, exchange multiple site licenses for a
   single license, authorizing operations throughout the contiguous and
   overlapping 40 dBu field strength contours of the multiple sites.
   Incumbents exercising this license exchange option must submit specific
   information for each of their external base sites after the close of
   the 900 MHz SMR auction.

   (c) Applications in the 900 MHz SMR service for secondary sites filed
   after August 9, 1994 shall be authorized on a secondary,
   non-interference basis to MTA licensee operations. No secondary sites
   shall be granted on this basis in an MTA once the MTA licensee has been
   selected.

   [ 60 FR 48918 , Sept. 21, 1995]