Sec. 90.733  Permissible operations.

    (a) Systems authorized in the 220-222 MHz band may be used:
    (1)(i) For government and non-government land mobile operations, 
i.e., for base/mobile and mobile relay transmissions, on a primary 
basis; or
    (ii) For the following operations instead of or in addition to a 
licensee's land mobile operations: One-way or two-way paging operations 
on a primary basis by all non-Government Phase II licensees, fixed 
operations on a primary basis by all non-Government Phase II licensees 
and all Government licensees, one-way or two-way paging or fixed 
operations on a primary basis by all non-Government Phase I licensees, 
except that before a non-Government Phase I licensee may operate one-way 
or two-way paging or fixed systems on a primary basis instead of or in 
addition to its land mobile operations, it must meet the following 
requirements:
    (A) A nationwide Phase I licensee must;
    (1) Meet its two-year benchmark for the construction of its land 
mobile system base stations as prescribed in Sec. 90.725(a); and
    (2) Provide a new 10-year schedule, as required in 
Sec. 90.713(b)(3), for the construction of the fixed and/or paging 
system it intends to construct instead of, or in addition to, its 
nationwide land mobile system; and
    (3) Certify that the financial showings and all other certifications 
provided in demonstrating its ability to construct and operate its 
nationwide land mobile system, as required in Secs. 90.713 (b), (c) and 
(d), remain applicable to the nationwide system it intends to construct 
consisting of fixed and/or paging operations on a primary basis instead 
of, or in addition to, its land mobile operations; or
    (4) In lieu of providing the requirements of paragraph 
(a)(1)(ii)(A)(3) of this section, provide the financial showings and all 
other certifications required in Secs. 90.713 (b), (c) and (d) to 
demonstrate its ability to construct and operate a nationwide system 
consisting of fixed and/or paging operations on a primary basis instead 
of, or in addition to, its land mobile operations.
    (B) A non-nationwide Phase I licensee must first meet the 
requirement to construct its land mobile base station and place it in 
operation, or commence service (in accordance with Sec. 90.167) as 
prescribed in Sec. 90.725(f) or Sec. 90.727, as applicable.
    (2) Only by persons who are eligible for facilities under either 
this subpart or in the pools included in subpart B or C of this part.
    (3) Except for licensees classified as CMRS providers under part 20 
of this chapter, only for the transmission of messages or signals 
permitted in the services in which the participants are eligible.
    (b) See Sec. 90.720 of this part for permissible operations on 
mutual aid channels.
    (c) For operations requiring less than a 4 kHz bandwidth, more than 
a single emission may be utilized within the authorized bandwidth. In 
such cases, the frequency stability requirements of Sec. 90.213 do not 
apply, but the out-of-band emission limits of Sec. 90.210(f) must be 
met.
    (d) Licensees, except for licensees authorized on Channels 161 
through 170 and 181 through 185, may combine any number of their 
authorized, contiguous channels to form channels wider than 5 kHz. In so 
doing, licensees must comply with the following spectrum efficiency 
standard, which will remain in effect through December 31, 2001:
    (1) For voice communications, licensees must employ equipment that 
provides at least one voice channel per 5 kHz of channel bandwidth; and

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    (2) For data communications, licensees must employ equipment that 
operates at a data rate of at least 4,800 bits per second per 5 kHz of 
channel bandwidth.
    (3) Licensees authorized on channels other than Channels 161 through 
170 and 181 through 185 may combine any number of their authorized, 
contiguous channels to form channels wider than 5 kHz without complying 
with the spectrum efficiency standard identified in paragraphs (d)(1) 
and (d)(2) of this section if they operate with equipment that has been 
granted type acceptance in accordance with the provisions of 
Sec. 90.203(k)(2).
    (e) In combining authorized contiguous channels to form channels 
wider than 5 kHz, the emission limits in Sec. 90.210(f) must be met only 
at the outermost edges of the contiguous channels. Transmitters shall be 
tested to confirm compliance with this requirement with the transmission 
located as close to the band edges as permitted by the design of the 
transmitter. The frequency stability requirements in Sec. 90.213 shall 
apply only to the outermost of the contiguous channels authorized to the 
licensee. However, the frequency stability employed for transmissions 
operating inside the outermost contiguous channels must be such that the 
emission limits in Sec. 90.210(f) are met over the temperature and 
voltage variations prescribed in Sec. 2.995 of this chapter.
    (f) A Phase I non-nationwide licensee operating a paging base 
station, or a fixed station transmitting on frequencies in the 220-221 
MHz band, may only operate such stations at the coordinates of the 
licensee's authorized land mobile base station.
    (g) The transmissions of a Phase I non-nationwide licensee's paging 
base station, or fixed station transmitting on frequencies in the 220-
221 MHz band, must meet the requirements of Secs. 90.723 (d) and (i), 
and 90.729, and such a station must operate at the effective radiated 
power and antenna height-above-average-terrain prescribed in the 
licensee's land mobile base station authorization.
    (h) Licensees using 220-222 MHz spectrum for geophysical telemetry 
operations are authorized to operate fixed stations on a secondary, non-
interference basis to licensees operating in the 220-222 MHz band on a 
primary basis under the conditions that such licensees:
    (1) Provide notification of their operations to co-channel non-
nationwide Phase I licensees with an authorized base station, or fixed 
station transmitting on frequencies in the 220-221 MHz band, located 
within 45 km of the secondary licensee's station, to co-channel, Phase 
II EA or Regional licensee authorized to operate in the EA or REAG in 
which the secondary licensee's station is located, and to co-channel 
Phase I or Phase II nationwide licensees;
    (2) Operate only at temporary locations in accordance with the 
provisions of Sec. 90.137;
    (3) Not transmit at a power level greater than one watt ERP;
    (4) Not transmit from an antenna higher than 2 meters (6.6 feet) 
above ground; and
    (5) Not operate on Channels 111 through 120, 161 through 170, or 181 
through 185.
    (i) All licensees constructing and operating base stations or fixed 
stations on frequencies in the 220-222 MHz band must:
    (1) Comply with any rules and international agreements that restrict 
use of their authorized frequencies, including the provisions of 
Sec. 90.715 relating to U.S./Mexican border areas;
    (2) Comply with the provisions of Sec. 17.6 of this chapter with 
regard to antenna structures; and
    (3) Comply with the provisions of Secs. 1.1301 through 1.1319 of 
this chapter with regard to actions that may or will have a significant 
impact on the quality of the human environment.
[ 56 FR 19603 , Apr. 29, 1991, as amended at  56 FR 32517 , July 17, 1991; 
 57 FR 32450 , July 22, 1992;  59 FR 59967 , Nov. 21, 1994;  62 FR 15997 , 
Apr. 3, 1996;  62 FR 18936 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18936 , Apr. 17, 1997, Sec. 90.733 was 
amended by revising paragraph (a)(2), effective Oct. 17, 1997.