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]