§  90.763   EA, Regional and nationwide system operations.

   (a) A nationwide licensee authorized pursuant to § 90.717(a) may
   construct and operate any number of land mobile or paging base
   stations, or fixed stations, anywhere in the Nation, and transmit on
   any of its authorized channels, provided that the licensee complies
   with the requirements of § 90.733(i).

   (b) An EA or Regional licensee authorized pursuant to § 90.761 may
   construct and operate any number of land mobile or paging base
   stations, or fixed stations, anywhere within its authorized EA or REAG,
   and transmit on any of its authorized channels, provided that:

   (1) The licensee affords protection to all authorized co-channel Phase
   I non-nationwide base stations as follows:

   (i) The EA or Regional licensee must locate its land mobile or paging
   base stations, or fixed stations transmitting on base station transmit
   frequencies, at least 120 km from the land mobile or paging base
   stations, or fixed stations transmitting on base station transmit
   frequencies, of co-channel Phase I licensees, except that separations
   of less than 120 km shall be considered on a case-by-case basis upon
   submission by the EA or Regional licensee of:

   (A) A technical analysis demonstrating at least 10 dB protection to the
   predicted 38 dBu service contour of the co-channel Phase I licensee,
   i.e., demonstrating that the predicted 28 dBu interfering contour of
   the EA or Regional licensee's base station or fixed station does not
   overlap the predicted 38 dBu service contour of the co-channel Phase I
   licensee's base station or fixed station; or

   (B) A written letter from the co-channel Phase I licensee consenting to
   a separation of less than 120 km, or to less than 10 dB protection to
   the predicted 38 dBu service contour of the licensee's base station or
   fixed station.

   (ii) The Phase I licensee's predicted 38 dBu service contour referred
   to in paragraph (a)(1)(i) of this section is calculated using the
   F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10)
   of this chapter, with a 9 dB correction factor for antenna height
   differential, and is based on the licensee's authorized effective
   radiated power and antenna height-above-average-terrain. The EA or
   Regional licensee's predicted 28 dBu interfering contour referred to in
   paragraph (a)(1)(i) of this section is calculated using the F(50,10)
   field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this
   chapter, with a 9 dB correction factor for antenna height differential.

   (2) The licensee complies with the requirements of § 90.733(i).

   (3) The licensee limits the field strength of its base stations, or
   fixed stations operating on base station transmit frequencies, in
   accordance with the provisions of § 90.771.

   (4) Upon request by a licensee or the Commission, an EA or regional
   licensee shall furnish the technical parameters, location and
   coordinates of the completion of the addition, removal, relocation or
   modification of any of its facilities within the EA or region. The EA
   or regional licensee must provide such information within ten (10) days
   of receiving written notification.

   (c) In the event that the authorization for a co-channel Phase I base
   station, or fixed station transmitting on base station transmit
   frequencies, within an EA or Regional licensee's border is terminated
   or revoked, the EA or Regional licensee's channel obligations to such
   stations will cease upon deletion of the facility from the Commission's
   official licensing records, and the EA or Regional licensee then will
   be able to construct and operate without regard to the previous
   authorization.

   [ 62 FR 15998 , 15999, Apr. 3, 1997, as amended at  63 FR 68973 , Dec. 14,
   1998]