Sec. 22.411  Developmental authorization of 43 MHz paging transmitters.

    Because of the potential for interference to the intermediate 
frequency stages of receivers in broadcast television sets and video 
recorders, 43 MHz paging channels are assigned only under developmental 
authorizations subject to the requirements of this section, except as 
provided in paragraph (d) of this section.
    (a) Carrier responsibility. Carriers so authorized shall operate the 
43 MHz paging service under developmental authority for a period of two 
years. During the two year developmental period, carriers must resolve 
any broadcast television receiver intermediate frequency interference 
problems that may occur as a result of operation of the 43 MHz paging 
transmitter(s). Carriers shall inform subscribers receiving service on 
the channels assigned under developmental authority during the 
developmental period that this service could be terminated by the FCC on 
short notice if such action were to become necessary to eliminate 
interference. Carriers shall notify the appropriate FCC Field Office, in 
advance, of the date on which service to subscribers is to begin.
    (b) Periodic surveys. To determine the extent of any interference to 
broadcast television receivers resulting from operation of 43 MHz paging 
stations authorized pursuant to this section, carriers shall conduct 
semi-annual surveys during the first two years of operation. The first 
such survey is to begin on the date when service to subscribers 
commences. For each survey, the carrier shall contact at least 25 
television viewers to determine whether they have experienced 
interference.

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    (1) The carrier shall contact viewers located throughout the 
geographic area encompassed by a 3 kilometer (2 mile) radius of the 43 
MHz paging transmitter antenna site. The carrier must not attempt to 
obtain a misleading survey by contacting only viewers less likely to be 
experiencing interference. For example, the carrier must not contact 
only the viewers located most distant from the paging transmitter 
antenna site. Instead, the carrier shall contact viewers located near 
the paging transmitter antenna site.
    (2) The carrier shall not, in subsequent surveys, contact viewers 
who were contacted in a previous survey; provided that, in the event 
that all of the viewers within 3 kilometers (2 miles) have been 
contacted, viewers located near the paging transmitter antenna site 
shall be contacted again.
    (c) Periodic reports. Following each survey, the carrier shall 
submit to the FCC a written report disclosing and evaluating the extent 
of any interference. These reports must include:
    (1) The number of the report (1 to 4);
    (2) The station call sign;
    (3) The file number of the application that resulted in the 
developmental authorization;
    (4) An exact description of the transmitter location(s);
    (5) The date(s) and time of day when the survey was conducted;
    (6) The survey method used (e.g. telephone, on-site, etc.);
    (7) The names, addresses and telephone numbers of the viewers 
contacted;
    (8) If interference resulted from operation of the 43 MHz paging 
station, a summary of how the interference problem was resolved;
    (9) The names and telephone numbers of any technical personnel 
consulted and/or employed to resolve interference problems.
    (d) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a 43 MHz paging station in the 
following circumstances:
    (1) After the two-year developmental period, provided that broadcast 
TV interference complaints have been resolved by the carrier in a 
satisfactory manner. Licensees that hold a developmental authorization 
for a 43 MHz paging station and wish to request a regular authorization 
must file an application (FCC Form 600) prior to the expiration of the 
developmental period.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a 43 MHz paging station in the Paging and 
Radiotelephone Service, provided that the station has been in continuous 
operation providing service with no substantial interruptions.
[ 59 FR 59507 , Nov. 17, 1994, as amended at  59 FR 59954 , Nov. 21, 1994]