§  90.733   Permissible operations.

   (a) Systems authorized in the 220-222 MHz band may be used:

   (1)(i) For government and non-government land mobile operations, i.e.,
   for base/mobile and mobile relay transmissions, on a primary basis; or

   (ii) For the following operations instead of or in addition to a
   licensee's land mobile operations: One-way or two-way paging operations
   on a primary basis by all non-Government Phase II licensees, fixed
   operations on a primary basis by all non-Government Phase II licensees
   and all Government licensees, one-way or two-way paging or fixed
   operations on a primary basis by all non-Government Phase I licensees,
   except that before a non-Government Phase I licensee may operate
   one-way or two-way paging or fixed systems on a primary basis instead
   of or in addition to its land mobile operations, it must meet the
   following requirements:

   (A) A nationwide Phase I licensee must;

   ( 1 ) Meet its two-year benchmark for the construction of its land
   mobile system base stations as prescribed in §  90.725(a); and

   ( 2 ) Provide a new 10-year schedule, as required in §  90.713(b)(3),
   for the construction of the fixed and/or paging system it intends to
   construct instead of, or in addition to, its nationwide land mobile
   system; and

   ( 3 ) Certify that the financial showings and all other certifications
   provided in demonstrating its ability to construct and operate its
   nationwide land mobile system, as required in § §  90.713 (b), (c) and
   (d), remain applicable to the nationwide system it intends to construct
   consisting of fixed and/or paging operations on a primary basis instead
   of, or in addition to, its land mobile operations; or

   ( 4 ) In lieu of providing the requirements of paragraph (a)(1)(ii)(A)(
   3 ) of this section, provide the financial showings and all other
   certifications required in § §  90.713 (b), (c) and (d) to demonstrate
   its ability to construct and operate a nationwide system consisting of
   fixed and/or paging operations on a primary basis instead of, or in
   addition to, its land mobile operations.

   (B) A non-nationwide Phase I licensee must first meet the requirement
   to construct its land mobile base station and place it in operation, or
   commence service (in accordance with §  90.167) as prescribed in
   §  90.725(f) or §  90.727, as applicable.

   (2) Only by persons who are eligible for facilities under either this
   subpart or in the pools included in subpart B or C of this part.

   (3) Except for licensees classified as CMRS providers under part 20 of
   this chapter, only for the transmission of messages or signals
   permitted in the services in which the participants are eligible.

   (b) See §  90.720 of this part for permissible operations on mutual aid
   channels.

   (c) For operations requiring less than a 4 kHz bandwidth, more than a
   single emission may be utilized within the authorized bandwidth. In
   such cases, the frequency stability requirements of §  90.213 do not
   apply, but the out-of-band emission limits of §  90.210(f) must be met.

   (d) Licensees, except for licensees authorized on Channels 161 through
   170 and 181 through 185, may combine any number of their authorized,
   contiguous channels (including channels derived from multiple
   authorizations) to form channels wider than 5 kHz.

   (e) In combining authorized, contiguous channels (including channels
   derived from multiple authorizations) to form channels wider than 5
   kHz, the emission limits in §  90.210(f) must be met only at the
   outermost edges of the contiguous channels. Transmitters shall be
   tested to confirm compliance with this requirement with the
   transmission located as close to the band edges as permitted by the
   design of the transmitter. The frequency stability requirements in
   §  90.213 shall apply only to the outermost of the contiguous channels
   authorized to the licensee. However, the frequency stability employed
   for transmissions operating inside the outermost contiguous channels
   must be such that the emission limits in §  90.210(f) are met over the
   temperature and voltage variations prescribed in §  2.995 of this
   chapter.

   (f) A Phase I non-nationwide licensee operating a paging base station,
   or a fixed station transmitting on frequencies in the 220-221 MHz band,
   may only operate such stations at the coordinates of the licensee's
   authorized land mobile base station.

   (g) The transmissions of a Phase I non-nationwide licensee's paging
   base station, or fixed station transmitting on frequencies in the
   220-221 MHz band, must meet the requirements of § §  90.723(d), (g), (h),
   and (k), and 90.729, and such a station must operate at the effective
   radiated power and antenna height-above-average-terrain prescribed in
   the licensee's land mobile base station authorization.

   (h) Licensees using 220-222 MHz spectrum for geophysical telemetry
   operations are authorized to operate fixed stations on a secondary,
   non-interference basis to licensees operating in the 220-222 MHz band
   on a primary basis under the conditions that such licensees:

   (1) Provide notification of their operations to co-channel
   non-nationwide Phase I licensees with an authorized base station, or
   fixed station transmitting on frequencies in the 220-221 MHz band,
   located within 45 km of the secondary licensee's station, to
   co-channel, Phase II EA or Regional licensee authorized to operate in
   the EA or REAG in which the secondary licensee's station is located,
   and to co-channel Phase I or Phase II nationwide licensees;

   (2) Operate only at temporary locations in accordance with the
   provisions of §  1.931 of this chapter;

   (3) Not transmit at a power level greater than one watt ERP;

   (4) Not transmit from an antenna higher than 2 meters (6.6 feet) above
   ground; and

   (5) Not operate on Channels 111 through 120, 161 through 170, or 181
   through 185.

   (i) All licensees constructing and operating base stations or fixed
   stations on frequencies in the 220-222 MHz band must:

   (1) Comply with any rules and international agreements that restrict
   use of their authorized frequencies, including the provisions of
   §  90.715 relating to U.S./Mexican border areas;

   (2) Comply with the provisions of §  17.6 of this chapter with regard to
   antenna structures; and

   (3) Comply with the provisions of § §  1.1301 through 1.1319 of this
   chapter with regard to actions that may or will have a significant
   impact on the quality of the human environment.

   [ 56 FR 19603 , Apr. 29, 1991, as amended at  56 FR 32517 , July 17, 1991;
    57 FR 32450 , July 22, 1992;  59 FR 59967 , Nov. 21, 1994;  62 FR 15997 ,
   Apr. 3, 1996;  62 FR 18936 , Apr. 17, 1997;  63 FR 32591 , June 12, 1998;
    63 FR 68971 , Dec. 14, 1998]

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