Sec. 90.667  Grandfathering provisions for incumbent licensees.

    (a) These provisions apply to all 900 MHz SMR licensees who obtained 
licenses or filed applications for secondary sites on or before August 
9, 1994 (``incumbent licensees''), as well as to all 900 MHz SMR 
licensees who obtained authorizations pursuant to Sec. 90.173(k). An 
incumbent licensee's service area shall be defined by its originally-
licensed 40 dBu field strength contour. Incumbent licensees are 
permitted to add new or modify transmit sites in this existing service 
area without prior notification to the Commission so long as their 
original 40 dBu field strength contour is not expanded.
    (b) Incumbent licensees operating at multiple sites may, after grant 
of MTA licenses has been completed, exchange multiple site licenses for 
a single license, authorizing operations throughout the contiguous and 
overlapping 40 dBu field strength contours of the multiple sites. 
Incumbents exercising this license exchange option must submit specific 
information for each of their external base sites after the close of the 
900 MHz SMR auction.
    (c) Applications in the 900 MHz SMR service for secondary sites 
filed after August 9, 1994 shall be authorized on a secondary, non-
interference basis to MTA licensee operations. No secondary sites shall 
be granted on this basis in an MTA once the MTA licensee has been 
selected.
[ 60 FR 48918 , Sept. 21, 1995]