Sec.  101.81   Future licensing in the 1850–1990 MHz, 2110–2150 MHz, and 2160–2200
MHz bands.

   After April 25, 1996, all major modifications and extensions to existing FMS
   systems in the 1850–1990 MHz, 2110–2150 MHz, and 2160–2200 MHz bands will be
   authorized on a secondary basis to ET systems. All other modifications will
   render the modified FMS license secondary to ET operations, unless the
   incumbent affirmatively justifies primary status and the incumbent FMS
   licensee establishes that the modification would not add to the relocation
   costs of ET licensees. Incumbent FMS licensees will maintain primary status
   for the following technical changes:

   (a) Decreases in power;

   (b) Minor changes (increases or decreases) in antenna height;

   (c) Minor location changes (up to two seconds);

   (d) Any data correction which does not involve a change in the location of
   an existing facility;

   (e) Reductions in authorized bandwidth;

   (f) Minor changes (increases or decreases) in structure height;

   (g) Changes (increases or decreases) in ground elevation that do not affect
   centerline height;

   (h) Minor equipment changes.

   [ 61 FR 29695 , June 12, 1996, as amended at  62 FR 12759 , Mar. 18, 1997;  65 FR 38327 , June 20, 2000]