Goto Section: 101.23 | 101.45 | Table of Contents
FCC 101.31
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 and 956.55-959.75 MHz band segments; the 3700-4200,
5925-6425, 6525-6875, and 6875-7125 MHz bands; the 10.550-10.680,
10.700-11.700, 12.700-13.150, 13.200-13.250, 17.700-18.300, and
19.300-19.700 GHz bands; and the 21.800-22.000 and 23.000-23.200 GHz band
segments (see § 101.147(s)(8) 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 this part, 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; 76 FR 59571 , Sept. 27, 2011; 80 FR 38912 ,
July 7, 2015]
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Goto Section: 101.23 | 101.45
Goto Year: 2014 |
2016
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