§  90.663   MTA-based SMR system operations.

   (a) MTA-based licensees authorized in the 896-901/935-940 MHz band
   pursuant to § 90.661 may construct and operate base stations using any
   frequency identified in their spectrum block anywhere within their
   authorized MTA, provided that:

   (1) The MTA licensee affords protection, in accordance with
   § 90.621(b), to all sites for which applications were filed on or prior
   to August 9, 1994.

   (2) The MTA licensee complies with any rules and international
   agreements that restrict use of frequencies identified in their
   spectrum block, including the provisions of § 90.619 relating to
   U.S./Canadian and U.S./Mexican border areas.

   (3) The MTA licensee limits its field strength at any location on the
   border of the MTA service area in accordance with § 90.671 and masks
   its emissions in accordance with § 90.669.

   (b) In the event that the authorization for a previously authorized
   co-channel station within the MTA licensee's authorized spectrum block
   is terminated or revoked, the MTA licensee's co-channel obligations to
   such station will cease upon deletion of the facility from the
   Commission's licensing record. The MTA licensee then will be able to
   construct and operate base stations using such frequency.

   [ 60 FR 21991 , May 4, 1995]