§  90.1207   Licensing.

   (a) A 4940-4990 MHz band license gives the licensee authority to
   operate on any authorized channel in this band within its licensed area
   of operation. See § 90.1213. A 4940-4990 MHz band license will be issued
   for the geographic area encompassing the legal jurisdiction of the
   licensee or, in case of a nongovernmental organization, the legal
   jurisdiction of the state or local governmental entity supporting the
   nongovernmental organization.

   (b) Subject to § 90.1209, a 4940-4990 MHz band license gives the
   licensee authority to construct and operate any number of base stations
   anywhere within the area authorized by the license, except as follows:

   (1) A station is required to be individually licensed if:

   (i) International agreements require coordination;

   (ii) Submission of an environmental assessment is required under
   § 1.1307 of this chapter; or

   (iii) The station would affect areas identified in § 1.924 of this
   chapter.

   (2) Any antenna structure that requires notification to the Federal
   Aviation Administration (FAA) must be registered with the Commission
   prior to construction under § 17.4 of this chapter.

   (c) A 4940-4990 MHz band license gives the licensee authority to
   operate base and mobile units (including portable and handheld units)
   and operate temporary (1 year or less) fixed stations anywhere within
   the area authorized by the license. Such licensees may operate base and
   mobile units and/or temporary fixed stations outside their authorized
   area to assist public safety operations with the permission of the
   jurisdiction in which the radio station is to be operated. Base and
   temporary fixed stations are subject to the requirements of paragraph
   (b) of this section.

   (d) Permanent fixed point-to-point and point-to-multipoint stations in
   the 4940-4990 MHz band must be licensed individually on a site-by-site
   basis. Such fixed stations that connect 4940-4990 MHz band base and
   mobile stations that are used to deliver broadband service, as well as
   other public safety networks using spectrum designated for broadband
   use, are accorded primary status. Primary status is also accorded to
   stand-alone permanent fixed 4940-4990 MHz band links that are used to
   deliver broadband service. Primary permanent fixed point-to-point and
   point-to-multipoint stations must use directional antennas with gains
   greater than 9 dBi up to 26 dBi. Permanent fixed point-to-point
   stations that do not meet the criteria for primary status will be
   authorized only on a secondary, non-interference basis to base, mobile,
   temporary fixed, and primary permanent fixed operations.

   [ 68 FR 38639 , June 30, 2003, as amended at  69 FR 17959 , Apr. 6, 2004;
    74 FR 23803 , May 21, 2009]