§  101.139   Authorization of transmitters.

   (a) Unless specified otherwise, transmitters used in the private
   operational fixed and common carrier fixed point-to-point microwave and
   point-to-multipoint services under this part must be a type that has
   been approved for compliance under Supplier's Declaration of
   Conformity.

   Note 1 to paragraph (a): The verification procedure has been replaced
   by Supplier's Declaration of Conformity. Equipment previously
   authorized under subpart J of part 2 of this chapter may remain in use.
   See § 2.950 of this chapter.

   (b) Any transmitter to be produced for use under the rules of this part
   may be approved under the equipment authorization procedures set forth
   in part 2 of this chapter.

   (c) Certification for an individual transmitter may also be requested
   by an applicant for a station authorization, pursuant to the procedures
   set forth in part 2 of this chapter.

   (d) A transmitter presently shown on an instrument of authorization,
   which operates on an assigned frequency in the 890-940 MHz band and has
   not received a grant of certification, may continue to be used by the
   licensee without certification provided such transmitter continues
   otherwise to comply with the applicable requirements of this chapter.

   (e) Certification or Supplier's Declaration of Conformity is not
   required for portable transmitters operating with peak output power not
   greater than 250 mW. If operation of such equipment causes harmful
   interference the FCC may, at its discretion, require the licensee to
   take such corrective action as is necessary to eliminate the
   interference.

   (f) After July 15, 1996, the manufacturer (except for export) or
   importation of equipment employing digital modulation techniques in the
   3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz
   bands must meet the minimum payload capacity requirements of § 101.141.

   (g) After April 1, 2005, the manufacture (except for export) or
   importation of equipment for operation in the 21,200-23,600 MHz band
   must meet:

   (1) The 0.001% frequency tolerance requirement for digital systems in
   § 101.107(a) or the 0.03-0.003% frequency tolerance for analog systems;
   and

   (2) For equipment employing digital modulation techniques, the minimum
   bit rate requirements of § 101.141(a).

   (h) 71,000-76,000 MHz; 81,000-86,000 MHz. For equipment employing
   digital modulation techniques, the minimum bit rate requirement is
   0.125 bit per second per Hz.

   (i) 92,000-94,000 MHz; 94,100-95,000 MHz. For equipment employing
   digital modulation techniques, the minimum bit rate requirement is 1.0
   bit per second per Hz.

   [ 63 FR 36611 , July 7, 1998, as amended at  65 FR 59358 , Oct. 5, 2000;  67 FR 43038 , June 26, 2002;  68 FR 4958 , Jan. 31, 2003;  70 FR 29998 , May
   25, 2005;  82 FR 50838 , Nov. 2, 2017]