Goto Section: 101.23 | 101.45 | Table of Contents
FCC 101.31
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 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 § 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 § 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 § 1.924 of this chapter. Operations proposed in the areas
defined in § 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 § 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 § 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 § 1.1307 of this
chapter;
(v) The station site does not lie within 56.3 kilometers of any
international border, within areas identified in § § 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 § 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 21.8-22.1 GHz and 23.0-23.3 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, 21.975/23.175 GHz, 22.025/23.225 GHz or
22.075/23.275 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 megahertz
bandwidth channels, and subtract 0.005 GHz for 40 MHz bandwidth
channels. See specific channel listings in § 101.147(s).
(viii) The filed application(s) is consistent with the proposal that
was coordinated pursuant to § 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; 75 FR 41771 , July 19, 2010]
Processing of Applications
Goto Section: 101.23 | 101.45
Goto Year: 2009 |
2011
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