§  90.693   Grandfathering provisions for incumbent licensees.

   (a) General provisions. These provisions apply to “incumbent
   licensees,” all 800 MHz licensees authorized in the 809-821/854-866 MHz
   band who obtained licenses or filed applications on or before December
   15, 1995.

   (b) Spectrum blocks A through V. An incumbent licensee's service area
   shall be defined by its originally licensed 40 dBμV/m field strength
   contour and its interference contour shall be defined as its
   originally-licensed 22 dBμV/m field strength contour. The
   “originally-licensed” contour shall be calculated using the maximum ERP
   and the actual height of the antenna above average terrain (HAAT) along
   each radial. Incumbent licensees are permitted to add, remove or modify
   transmitter sites within their original 22 dBμV/m field strength
   contour without prior notification to the Commission so long as their
   original 22 dBμV/m field strength contour is not expanded. Incumbent
   licensee protection extends only to its 40 dBμV/m signal strength
   contour. Pursuant to the minor modification notification procedures set
   forth in 1.947(b), the incumbent licensee must notify the Commission
   within 30 days of any change in technical parameters for stations that
   are authorized under a waiver of 90.621(b)(4), or that are authorized
   under 90.621(b)(5).

   (c) Special provisions for spectrum blocks F1 through V. Incumbent
   licensees that have received the consent of all affected parties or a
   certified frequency coordinator to utilize an 18 dBμV/m signal strength
   interference contour shall have their service area defined by their
   originally-licensed 36 dBμV/m field strength contour and their
   interference contour shall be defined as their originally-licensed 18
   dBμV/m field strength contour. The “originally-licensed” contour shall
   be calculated using the maximum ERP and the actual HAAT along each
   radial. Incumbent licensees seeking to utilize an 18 dBμV/m signal
   strength interference contour shall first seek to obtain the consent of
   affected co-channel incumbents. When the consent of a co-channel
   licensee is withheld, an incumbent licensee may submit to any certified
   frequency coordinator an engineering study showing that interference
   will not occur, together with proof that the incumbent licensee has
   sought consent. Incumbent licensees are permitted to add, remove or
   modify transmitter sites within their original 18 dBμV/m field strength
   contour without prior notification to the Commission so long as their
   original 18 dBμV/m field strength contour is not expanded. Incumbent
   licensee protection extends only to its 36 dBμV/m signal strength
   contour. Pursuant to the minor modification notification procedures set
   forth in 1.947(b), the incumbent licensee must notify the Commission
   within 30 days of any change in technical parameters for stations that
   are authorized under a waiver of 90.621(b)(4), or that are authorized
   under 90.621(b)(5).

   (d) Consolidated license—(1) Spectrum blocks A through V. Incumbent
   licensees operating at multiple sites may, after grant of EA licenses
   has been completed, exchange multiple site licenses for a single
   license, authorizing operations throughout the contiguous and
   overlapping 40 dBµV/m field strength contours of the multiple sites.
   Incumbents exercising this license exchange option must submit specific
   information on Form 601 for each of their external base sites after the
   close of the 800 MHz SMR auction. The incumbent's geographic license
   area is defined by the contiguous and overlapping 22 dBµV/m contours of
   its constructed and operational external base stations and interior
   sites that are constructed within the construction period applicable to
   the incumbent. Once the geographic license is issued, facilities that
   are added within an incumbent's existing footprint and that are not
   subject to prior approval by the Commission will not be subject to
   construction requirements.

   (2) Special Provisions for Spectrum Blocks F1 through V. Incumbent
   licensees that have received the consent of all affected parties or a
   certified frequency coordinator to utilize an 18 dBµV/m signal strength
   interference contour operating at multiple sites may, after grant of EA
   licenses has been completed, exchange multiple site licenses for a
   single license. This single site license will authorize operations
   throughout the contiguous and overlapping 36 dBµV/m field strength
   contours of the multiple sites. Incumbents exercising this license
   exchange option must submit specific information on Form 601 for each
   of their external base sites after the close of the 800 SMR auction.
   The incumbent's geographic license area is defined by the contiguous
   and overlapping 18 dBµV/m contours of its constructed and operational
   external base stations and interior sites that are constructed within
   the construction period applicable to the incumbent. Once the
   geographic license is issued, facilities that are added within an
   incumbent's existing footprint and that are not subject to prior
   approval by the Commission will not be subject to construction
   requirements.

   [ 64 FR 71055 , Dec. 20, 1999, as amended at  69 FR 67852 , Nov. 22, 2004;
    70 FR 6761 , Feb. 8, 2005;  70 FR 61062 , Oct. 20, 2005]