Sec.  22.165   Additional transmitters for existing systems.

   

   A licensee may operate additional transmitters at additional locations
   on  the  same  channel or channel block as its existing system without
   obtaining prior Commission approval provided:

   (a)   International   coordination.  The  locations  and/or  technical
   parameters  of  the  additional  transmitters are such that individual
   coordination   of   the   channel   assignment(s)   with   a   foreign
   administration, under applicable international agreements and rules in
   this part, is not required.

   (b) Antenna structure registration. Certain antenna structures must be
   registered  with  the  Commission prior to construction or alteration.
   Registration requirements are contained in part 17 of this chapter.

   (c)  Environmental.  The  additional  transmitters  must  not  have  a
   significant environmental effect as defined by Sec. Sec. 1.1301 through 1.1319
   of this chapter.

   (d)   Paging  and  Radiotelephone  Service.  The  provisions  in  this
   paragraph apply for stations in the Paging and Radiotelephone Service.

   (1)  The interfering contours of the additional transmitter(s) must be
   totally  encompassed  by  the  composite  interfering  contour  of the
   existing  station  (or stations under common control of the applicant)
   on  the  same  channel,  except that this limitation does not apply to
   nationwide network paging stations or in-building radiation systems.

   (2)  Additional  transmitters  in  the  43 MHz frequency range operate
   under  developmental authority, subject to the conditions set forth in
   Sec. 22.411.

   (3)  The  additional transmitters must not operate on control channels
   in  the  72-76  MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz
   frequency ranges.

   (e)  Cellular  radiotelephone  service. During the five-year build-out
   period, the service area boundaries of the additional transmitters, as
   calculated  by  the method set forth in Sec. 22.911(a), must remain within
   the  market, except that the service area boundaries may extend beyond
   the  market  boundary  into  the  area  that is part of the CGSA or is
   already  encompassed  by  the  service  area  boundaries of previously
   authorized  facilities.  After  the  five-year  build-out  period, the
   service  area boundaries of the additional transmitters, as calculated
   by  the  method  set forth in Sec. 22.911(a), must remain within the CGSA.
   Licensees   must   notify   the  Commission  (FCC  Form  601)  of  any
   transmitters  added under this section that cause a change in the CGSA
   boundary.  The  notification  must include full size and reduced maps,
   and supporting engineering, as described in Sec. 22.953(a)(1) through (3).
   If  the  addition  of  transmitters  involves  a contract service area
   boundary  (SAB) extension (see Sec. 22.912), the notification must include
   a  statement  as  to  whether  the  five-year build-out period for the
   system  on the relevant channel block in the market into which the SAB
   extends has elapsed and whether the SAB extends into any unserved area
   in  the  market.  The notification must be made electronically via the
   ULS,  or  delivered  to  the filing place (see Sec. 1.913 of this chapter)
   once  yearly  during the five-year build-out on the anniversary of the
   license grant date.

   (f) Air-ground Radiotelephone Service. Ground stations may be added to
   Commercial  Aviation  air-ground  systems  at  previously  established
   ground  station  locations, pursuant to Sec. 22.859, subject to compliance
   with  the  applicable  technical rules. This section does not apply to
   General Aviation air-ground stations.

   (g)  Rural  Radiotelephone  Service. A "service area" and "interfering
   contours"  must be determined using the same method as for stations in
   the   Paging   and   Radiotelephone  Service.  The  service  area  and
   interfering  contours  so determined for the additional transmitter(s)
   must  be  totally  encompassed  by  the similarly determined composite
   service  area contour and predicted interfering contour, respectively,
   of  the  existing  station  on the same channel. This section does not
   apply to Basic Exchange Telecommunications Radio Systems.

   (h)  Offshore  Radiotelephone  Service. This section does not apply to
   stations in the Offshore Radiotelephone Service.

   (i)  Provision  of  information upon request. Upon request by the FCC,
   licensees   must   supply   administrative  or  technical  information
   concerning  the  additional transmitters. At the time transmitters are
   added  pursuant  to  this section, licensees must make a record of the
   pertinent  technical  and  administrative  information  so  that  such
   information is readily available. See Sec. 22.303.

   [ 59 FR 59507 , Nov. 17, 1994;  59 FR 64856 , Dec. 16, 1994; as amended at
    62 FR 11629 , Mar. 12, 1997;  63 FR 68944 , Dec. 14, 1998;  64 FR 53240 ,
   Oct. 1, 1999;  67 FR 77190 , Dec. 17, 2002]