Sec.  22.411   Developmental authorization of 43 MHz paging transmitters.

   

   Link to an amendment published at  70 FR 19309 , Apr. 13, 2005.

   Because of the potential for interference to the intermediate
   frequency stages of receivers in broadcast television sets and video
   recorders, 43 MHz paging channels are assigned only under
   developmental authorizations subject to the requirements of this
   section, except as provided in paragraph (d) of this section.

   (a) Carrier responsibility. Carriers so authorized shall operate the
   43 MHz paging service under developmental authority for a period of
   two years. During the two year developmental period, carriers must
   resolve any broadcast television receiver intermediate frequency
   interference problems that may occur as a result of operation of the
   43 MHz paging transmitter(s). Carriers shall inform subscribers
   receiving service on the channels assigned under developmental
   authority during the developmental period that this service could be
   terminated by the FCC on short notice if such action were to become
   necessary to eliminate interference. Carriers shall notify the
   appropriate FCC Field Office, in advance, of the date on which service
   to subscribers is to begin.

   (b) Periodic surveys. To determine the extent of any interference to
   broadcast television receivers resulting from operation of 43 MHz
   paging stations authorized pursuant to this section, carriers shall
   conduct semi-annual surveys during the first two years of operation.
   The first such survey is to begin on the date when service to
   subscribers commences. For each survey, the carrier shall contact at
   least 25 television viewers to determine whether they have experienced
   interference.

   (1) The carrier shall contact viewers located throughout the
   geographic area encompassed by a 3 kilometer (2 mile) radius of the 43
   MHz paging transmitter antenna site. The carrier must not attempt to
   obtain a misleading survey by contacting only viewers less likely to
   be experiencing interference. For example, the carrier must not
   contact only the viewers located most distant from the paging
   transmitter antenna site. Instead, the carrier shall contact viewers
   located near the paging transmitter antenna site.

   (2) The carrier shall not, in subsequent surveys, contact viewers who
   were contacted in a previous survey; provided that, in the event that
   all of the viewers within 3 kilometers (2 miles) have been contacted,
   viewers located near the paging transmitter antenna site shall be
   contacted again.

   (c) Periodic reports. Following each survey, the carrier shall submit
   to the FCC a written report disclosing and evaluating the extent of
   any interference. These reports must include:

   (1) The number of the report (1 to 4);

   (2) The station call sign;

   (3) The file number of the application that resulted in the
   developmental authorization;

   (4) An exact description of the transmitter location(s);

   (5) The date(s) and time of day when the survey was conducted;

   (6) The survey method used (e.g. telephone, on-site, etc.);

   (7) The names, addresses and telephone numbers of the viewers
   contacted;

   (8) If interference resulted from operation of the 43 MHz paging
   station, a summary of how the interference problem was resolved;

   (9) The names and telephone numbers of any technical personnel
   consulted and/or employed to resolve interference problems.

   (d) Exceptions. The FCC may grant a regular authorization in the
   Paging and Radiotelephone Service for a 43 MHz paging station in the
   following circumstances:

   (1) After the two-year developmental period, provided that broadcast
   TV interference complaints have been resolved by the carrier in a
   satisfactory manner. Licensees that hold a developmental authorization
   for a 43 MHz paging station and wish to request a regular
   authorization must file an application using FCC Form 601 via the ULS
   prior to the expiration of the developmental period.

   (2) In the case of the assignment of or a transfer of control of a
   regular authorization of a 43 MHz paging station in the Paging and
   Radiotelephone Service, provided that the station has been in
   continuous operation providing service with no substantial
   interruptions.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  59 FR 59954 , Nov. 21, 1994;
    63 FR 68944 , Dec. 14, 1998]