Goto Section: 74.938 | 74.949

FCC 74.939
Revised as of January 7, 2005
Goto Year:2004 | 2006
Sec.  74.939   ITFS response stations.

   

   (a) An ITFS response station is authorized to provide communication by
   voice, video and/or data signals with its associated ITFS response
   station hub or associated ITFS station. An ITFS response station may
   be operated only by the licensee of the ITFS station, by any person or
   entity authorized by the ITFS licensee to receive point-to-multipoint
   transmissions over its channels, by any lessee of excess capacity, or
   by a subscriber of any lessee of excess capacity. The authorized
   channel may be divided to provide distinct subchannels for each of
   more than one response station, provided that digital modulation is
   employed and the aggregate power does not exceed the authorized power
   for the channel. An ITFS response station may also, jointly with other
   licensees, transmit utilizing bandwidth in excess of that authorized
   to the station, provided that digital modulation is employed, all
   power spectral density requirements set forth in this part are met,
   and the out-of-band emission restrictions set forth in Sec. 74.936 or
   paragraph (k) of this section are complied with.

   (b) ITFS response stations that utilize the 2150-2162 MHz band
   pursuant to Sec. 74.902(f), the 2500-2686 MHz band, and/or the 125 kHz
   channels identified in paragraph (j) of this section may be installed
   and operated without an individual license, to communicate with a
   response station hub, provided that the conditions set forth in
   paragraph (g) of this section are met and that ITFS response stations'
   technical parameters are consistent with all applicable rules in this
   part and with the terms and conditions set out in the Commission's
   Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996).

   (c) An applicant for a response station hub license, or for
   modification thereto, shall:

   (1) File FCC Form 331 with the Commission in Washington, DC, and
   certify on that form that it has complied with the requirements of
   paragraphs (c)(2) and (d) of this section and that the interference
   data submitted under paragraph (d) of this section is complete and
   accurate. Failure to certify compliance and to comply completely with
   the requirements of paragraphs (c)(2) and (d) of this section shall
   result in dismissal of the application or revocation of the response
   station hub license, and may result in imposition of a monetary
   forfeiture; and

   (2) Submit the following (see Sec. 21.902(m) for permissible formats and
   media) to the Commission's Reference Room:

   (i) The data files required by Appendix D (as amended) to the Report
   and Order in MM Docket 97-217, FCC 98-231, "Methods For Predicting
   Interference From Response Station Transmitters And To Response
   Station Hubs And For Supplying Data on Response Station Systems"; and

   (ii) The demonstrations and certifications required by paragraph (d)
   of this section.

   (d) An applicant for a response station hub license shall prepare the
   following:

   (1) A demonstration describing the system channel plan, to the extent
   that such information is not contained in the data file required in
   (c)(2)(i) of this section; and

   (2) A demonstration that:

   (i) The proposed response station hub is within the protected service
   area, as defined in Sec. 21.902(d)(1) of this chapter, of the ITFS
   station(s) whose channels will be used for communications to the
   response station hub or, in the case of an application for response
   stations to utilize one or more of the 125 kHz response channels, the
   response station hub is within the protected service area of the
   station authorized to utilize the associated channel(s); and

   (ii) The entire proposed response service area is within the protected
   service area of the ITFS station(s) whose channels will be used for
   communications to the response station hub or, in the alternative, the
   applicant may demonstrate that the licensee of any cochannel protected
   service area which is overlapped by the proposed response service area
   has consented to such overlap. In the case of an application for
   response stations to utilize one or more of the 125 kHz response
   channels, such demonstration shall establish that the response service
   area is entirely within the protected service area of the station
   authorized to utilize the associated channel(s), or, in the
   alternative, that the licensee entitled to any cochannel protected
   service area which is overlapped by the proposed response service area
   has consented to such overlap; and

   (iii) The combined signals of all simultaneously operating ITFS
   response stations within all response service areas and oriented to
   transmit towards their respective response station hubs and all
   cochannel ITFS stations and booster stations licensed to or applied
   for by the applicant will not generate a power flux density in excess
   of -73 dBW/m 2 (or the appropriately adjusted value based on the
   actual bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(i))
   outside the boundaries of the applicant's protected service area, as
   measured at locations for which there is an unobstructed signal path,
   except to the extent that consent of affected licensees has been
   obtained or consents have been granted pursuant to paragraph
   (d)(3)(ii) of this section to an extension of the response service
   area beyond the boundaries of the protected service area; and

   (iv) The combined signals of all simultaneously operating ITFS
   response stations within all response service areas and oriented to
   transmit towards their respective response station hubs, and all
   cochannel ITFS stations and booster stations licensed to or applied
   for by the applicant, will result in a desired to undesired signal
   ratio of at least 45 dB (or the appropriately adjusted value based on
   the actual bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(ii)):

   (A) Within the protected service area of any authorized or
   previously-proposed cochannel MDS or ITFS station with a 56.33 km (35
   mile) protected service area with center coordinates located within
   160.94 km (100 miles) of the proposed response station hub; and

   (B) Within the booster service area of any cochannel booster station
   entitled to such protection pursuant to Sec. Sec. 21.913(f) of this chapter or
   74.985(f) and located within 160.94 km (100 miles) of the proposed
   response station hub; and

   (C) At any registered receive site of any authorized or
   previously-proposed cochannel ITFS station or booster station located
   within 160.94 km (100 miles) of the proposed response station hub, or,
   in the alternative, that the licensee or applicant for such cochannel
   station or hub consents to the application; and

   (v) The combined signals of all simultaneously operating ITFS response
   stations within all response service areas and oriented to transmit
   towards their respective response station hubs, and all cochannel ITFS
   stations and booster stations licensed to or applied for by the
   applicant, will result in a desired to undesired signal ratio of at
   least 0 dB (or the appropriately adjusted value based on the actual
   bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(iii)):

   (A) Within the protected service area of any authorized or
   previously-proposed adjacent channel MDS or ITFS station with a 56.33
   km (35 mile) protected service area with center coordinates located
   within 160.94 km (100 miles) of the proposed response station hub; and

   (B) Within the booster service area of any adjacent channel booster
   station entitled to such protection pursuant to Sec. Sec. 21.913(f) of this
   chapter or 74.985(f) and located within 160.94 km (100 miles) of the
   proposed response station hub; and

   (C) At any registered receive site of any authorized or
   previously-proposed adjacent channel ITFS station or booster station
   located within 160.94 km (100 miles) of the proposed response station
   hub, or, in the alternative, that the licensee of or applicant for
   such adjacent channel station or hub consents to such application; and

   (vi) The combined signals of all simultaneously operating ITFS
   response stations within all response service areas and oriented to
   transmit toward their respective response station hub and all
   cochannel ITFS stations and booster stations licensed to or applied
   for by the applicant will comply with the requirements of Sec. Sec. 21.909(i)
   of this chapter and paragraph (i) of this section.

   (3) [Reserved]

   (4) A certification that the application has been served upon

   (i) The holder of any cochannel or adjacent channel authorization with
   a protected service area which is overlapped by the proposed response
   service area;

   (ii) The holder of any cochannel or adjacent channel authorization
   with a protected service area that adjoins the applicant's protected
   service area;

   (iii) The holder of a cochannel or adjacent channel authorization for
   any BTA or PSA inside whose boundaries are locations for which there
   is an unobstructed signal path for combined signals from within the
   response station hub applicant's protected service area; and

   (iv) Every licensee of, or applicant for, any cochannel or adjacent
   channel, authorized or previously-proposed, incumbent MDS station with
   a 56.33 km (35 mile) protected service area with center coordinates
   located within 160.94 km (100 miles) of the proposed response station
   hub; and

   (v) Every licensee of, or applicant for, any cochannel or adjacent
   channel, authorized or previously-proposed ITFS station (including any
   booster station or response station hub) located within 160.94 km (100
   miles) of the proposed response station hub.

   (e) Applications for response station hub licenses shall be deemed
   minor change applications and, except as provided in Sec. 74.911(e), may
   be filed at any time. Notwithstanding any other provision of part 74,
   applications for response station hub licenses meeting the
   requirements of paragraph (c) of this section shall cut-off
   applications that are filed on a subsequent day for facilities that
   would cause harmful electromagnetic interference to the proposed
   response station hubs. A response station hub shall not be entitled to
   protection from interference caused by facilities proposed on or prior
   to the day the application for the response station hub license is
   filed. Response stations shall not be required to protect from
   interference facilities proposed on or after the day the application
   for the response station hub license is filed.

   (f) Notwithstanding the provisions of Sec. 74.912 and except as provided
   by Sec. 74.911(e), any petition to deny an application for a response
   station hub license shall be filed no later than the sixtieth (60th)
   day after the date of public notice announcing the filing of such
   application or major amendment thereto. Except as provided in
   Sec. 74.911(e), an application for a response station hub license that
   meets the requirements of this section shall be granted on the
   sixty-first (61st) day after the Commission shall have given public
   notice of the acceptance for filing of it, or of a major amendment to
   it if such major amendment has been filed, unless prior to such date
   either a party in interest timely files a formal petition to deny or
   for other relief pursuant to Sec. 74.912, or the Commission notifies the
   applicant that its application will not be granted. Where an
   application is granted pursuant to the provisions of this paragraph,
   the conditional licensee or licensee shall maintain a copy of the
   application at the response station hub until such time as the
   Commission issues a response station hub license.

   (g) An ITFS response station hub license establishing a response
   service area shall be conditioned upon compliance with the following:

   (1) No ITFS response station shall be located beyond the response
   service area of the response station hub with which it communicates;
   and

   (2) No ITFS response station shall operate with a transmitter output
   power in excess of 2 watts; and

   (3) No response station shall operate with an EIRP in excess of that
   specified in the application for the response station hub for the
   particular regional class of characteristics with which the response
   station is associated, and such response station shall not operate
   with an EIRP in excess of 33 dBW + 10log(X/6) dBW, where X is the
   channel width in MHz, and

   (4) Each response station shall employ a transmission antenna oriented
   towards the response station hub with which the response station
   communicates and such antenna shall be no less directive than the
   worst-case outer envelope pattern specified in the application for the
   response station hub for the regional class of characteristics with
   which the response station is associated; and

   (5) The combined out-of-band emissions of all response stations using
   all or part of one or multiple contiguous 6 MHz channels and employing
   digital modulation shall comply with Sec. 74.936(e). The combined
   out-of-band emissions of all response stations using all or part of
   one or multiple contiguous 125 kHz channels shall comply with
   paragraph (k) of this section. However, should harmful interference
   occur as a result of emissions outside the assigned channel,
   additional attenuation may be required; and

   (6) The response stations transmitting simultaneously at any given
   time within any given region of the response service area utilized for
   purposes of analyzing the potential for interference by response
   stations shall conform to the numerical limits for each class of
   response station proposed in the application for the response station
   hub license. Notwithstanding the foregoing, where a response station
   hub licensee subchannelizes pursuant to Sec. 74.939(a) and limits the
   maximum EIRP emitted by any individual response station
   proportionately to the fraction of the channel that the response
   station occupies, the licensee may operate simultaneously on each
   subchannel the number of response stations specified in the license.
   Moreover, the licensee of a response station hub may alter the number
   of response stations of any class operated simultaneously in a given
   region, without prior Commission authorization, provided that the
   licensee:

   (i) Files with the Commission (see Sec. 21.902(m) for permissible
   format(s) and media) a demonstration indicating the number of response
   stations of such class(es) to be operated simultaneously in such
   region and a certification that it has complied with the requirements
   of paragraphs (g)(6)(ii) and (iii) of this section and that the
   interference data submitted pursuant to paragraph (g)(6)(ii) is
   complete and accurate; and

   (ii) Provides the Commission's Reference Room (see Sec. 21.902(m) for
   permissible formats and media) with an update of the previously-filed
   response station data and with a demonstration that such alteration
   will not result in any increase in interference to the protected
   service area or protected receive sites of any existing or
   previously-proposed, cochannel or adjacent channel MDS or ITFS station
   or booster station, to the protected service area of any MDS Basic
   Trading Area or Partitioned Service Area licensee entitled to
   protection pursuant to paragraph (d)(3) of this section, or to any
   existing or previously-proposed, cochannel or adjacent channel
   response station hub, or response station under Sec. 21.949 or Sec. 74.949 of
   this chapter; or that the applicant for or licensee of such facility
   has consented to such interference; and

   (iii) Serves a copy of such demonstration and certification upon each
   party entitled to be served pursuant to paragraph (d)(3) of this
   section; and

   (7) Where an application is granted under this section, if a facility
   operated pursuant to that grant causes harmful, unauthorized
   interference to any cochannel or adjacent channel facility, it must
   promptly remedy the interference or immediately cease operations of
   the interfering facility, regardless of whether any petitions to deny
   or for other relief were filed against the application during the
   application process. The burden of proving that a facility operated
   under this section is not causing harmful, unauthorized interference
   lies on the licensee of the alleged interfering facility, following
   the filing of a documented complaint of interference by an affected
   party; and

   (8) In the event any MDS or ITFS receive site suffers interference due
   to block downconverter overload, the licensee of each non-co/adjacent
   response station hub with a response service area within five miles of
   such receive site shall cooperate in good faith to expeditiously
   identify the source of the interference. Each licensee of a response
   station hub with an associated response station contributing to such
   interference shall bear the joint and several obligation to promptly
   remedy all block downconverter overload interference at any ITFS
   registered receive site or at any receive site within an MDS or ITFS
   protected service area applied for prior to the submission of the
   application for the response station hub license, regardless of
   whether the receive site suffering the interference was constructed
   prior to or after the construction of the response station(s) causing
   the downconverter overload; provided, however, that the licensee of
   the registered ITFS receive site or the MDS or ITFS protected service
   area must cooperate fully and in good faith with efforts by the
   response station hub licensee to prevent interference before
   constructing response stations and/or to remedy interference that may
   occur. In the event that the associated response station(s) of more
   than one response station hub licensee contribute(s) to block
   downconverter interference at an MDS or ITFS receive site, such hub
   licensees shall cooperate in good faith to remedy promptly the
   interference.

   (h) Applicants must comply with part 17 of this chapter concerning
   notification to the Federal Aviation Administration of proposed
   antenna construction or alteration for all hub stations and associated
   response stations.

   (i) Response station hubs shall be protected from cochannel and
   adjacent channel interference in accordance with the following
   criteria:

   (1) An applicant for any new or modified MDS or ITFS station
   (including any high-power booster station or response station hub)
   shall be required to demonstrate interference protection to a response
   station hub within 160.94 km (100 miles) of the proposed facilities.
   In lieu of the interference protection requirements set forth in
   Sec. Sec. 21.902(i) of this chapter, 21.938(b)(3) of this chapter and 74.903,
   such demonstration shall establish that the proposed facility will not
   increase the effective power flux density of the undesired signals
   generated by the proposed facility and any associated main stations,
   booster stations or response stations at the response station hub
   antenna for any sector. In lieu of the foregoing, an applicant for a
   new MDS or ITFS main station license or for a new or modified response
   station hub or booster license may demonstrate that the facility will
   not increase the noise floor at a reception antenna of the response
   station hub by more than 1 dB for cochannel signals and 45 dB for
   adjacent channel signals, provided that:

   (i) The entity submitting the application may only invoke this
   alternative once per response station hub reception sector; or

   (ii) The licensee of the affected response station hub may consent to
   receive a certain amount of interference at its hub.

   (2) Commencing upon the filing of an application for an ITFS response
   station hub license and until such time as the application is
   dismissed or denied or, if the application is granted, a certification
   of completion of construction is filed on FCC Form 330A, the ITFS
   station whose channels are being utilized shall be entitled both to
   interference protection pursuant to Sec. Sec. 21.902(i) and 21.938(b)(3) of
   this chapter and 74.903, and to protection of the response station hub
   pursuant to the preceding paragraph. Unless the application for the
   response station hub license specifies that the same frequencies also
   will be employed for digital and/or analog point-to-multipoint
   transmissions by ITFS stations and/or ITFS booster stations, upon the
   submission of a certification of completion of construction of an ITFS
   response station hub on FCC Form 330A where the channels of an ITFS
   station are being utilized as response station transmit frequencies,
   the ITFS station whose channels are being utilized for response
   station transmissions shall no longer be entitled to interference
   protection pursuant to Sec. Sec. 21.902(i) and 21.938(b)(3) of this chapter
   and 74.903 within the response service area with regard to any portion
   of any 6 MHz channel employed solely for response station
   communications. Upon the submission of a certification of completion
   of construction of an ITFS response station hub on FCC Form 330A where
   the channels of an ITFS station are being utilized for response
   station transmissions and the application for the response station hub
   license specifies that the same frequencies will be employed for
   point-to-multipoint transmissions, the ITFS station whose channels are
   being utilized shall be entitled both to interference protection
   pursuant to Sec. Sec. 21.902(i) and 21.938(b)(3) of this chapter and 74.903,
   and to protection of the response station hub pursuant to the
   preceding provisions of this paragraph.

   (j) ITFS response stations may operate on either all or part of a 6
   MHz channel assigned a licensee, on any 125 kHz channel assigned a
   licensee, or on adjacent frequencies authorized to multiple licensees
   where such stations are operated jointly. The 125 kHz channels listed
   in the following table shall be assigned to the licensees of MDS and
   ITFS stations for use at response stations, or for licensing for
   point-to-multipoint transmissions pursuant to paragraph (l) of this
   section, in accordance with the table. The specified 125 kHz frequency
   channel may be subdivided to provide a distinct operating frequency
   for each of more than one station, or may be combined with adjacent
   channels, provided that digital modulation is employed in accordance
   with paragraph (a) of this section. The specified 125 kHz frequency
   channels also may be exchanged with the licensee of another MDS or
   ITFS station for use of another 125 kHz channel assigned to the other
   licensee.


------------------------------------------------------------------------
                                                    Main       125 kHz
                Frequency (MHz)                   channel      channel
                                                designation  designation
------------------------------------------------------------------------
2686.0625                                               A1           I1
2686.1875                                               B1           I2
2686.3125                                               C1           I3
2686.4375                                               D1           I4
2686.5625                                               E1           I5
2686.6875                                               F1           I6
2686.8125                                               G1           I7
2686.9375                                               H1           I8
2687.0625                                               A2           I9
2687.1875                                               B2          I10
2687.3125                                               C2          I11
2687.4375                                               D2          I12
2687.5625                                               E2          I13
2687.6875                                               F2          I14
2687.8125                                               G2          I15
2687.9375                                               H2          I16
2688.0625                                               A3          I17
2688.1875                                               B3          I18
2688.3125                                               C3          I19
2688.4375                                               D3          I20
2688.5625                                               E3          I21
2688.6875                                               F3          I22
2688.8125                                               G3          I23
2688.9375                                               H3          I24
2689.0625                                               A4          I25
2689.1875                                               B4          I26
2689.3125                                               C4          I27
2689.4375                                               D4          I28
2689.5625                                               E4          I29
2689.6875                                               F4          I30
2689.8125                                               G4          I31
------------------------------------------------------------------------

   (k) 125 kHz wide response channels shall be subject to the following
   requirements: The 125 kHz wide channel shall be centered at the
   assigned frequency. If amplitude modulation is used, the carrier shall
   not be modulated in excess of 100%. If frequency modulation is used,
   the deviation shall not exceed # 25 kHz. Any emissions outside the
   channel shall be attenuated at the channel edges at least 35 dB below
   peak output power when analog modulation is employed or 35 dB below
   licensed average output power when digital modulation is employed (or,
   when subchannels are used, the appropriately adjusted value based upon
   the ratio of the channel-to-subchannel bandwidths). Any emissions more
   than 125 kHz from either channel edge, including harmonics, shall be
   attenuated at least 60 dB below peak output power when analog
   modulation is employed, or at least 60 dB below licensed average
   output power when digital modulation is employed (or, when subchannels
   are used, the appropriately adjusted value based upon the ratio of the
   channel-to-subchannel bandwidths). Notwithstanding the foregoing, in
   situations where adjacent channel licensees jointly transmit over more
   than one channel utilizing digital modulation, the maximum out-of-band
   power shall be attenuated at the edges of those combined channels at
   least 35 dB relative to the licensed average power level of each
   channel. Emissions more than 125 kHz from either edge of the combined
   channels, including harmonics, shall be attenuated at least 60 dB
   below peak analog power or licensed average digital power of each
   channel, as appropriate. Different types of emissions may be
   authorized for use on 125 kHz wide channels if the applicant describes
   fully the modulation and bandwidth desired, and demonstrates that the
   modulation selected will cause no more interference than is permitted
   under this paragraph. Greater attenuation may be required if
   interference is caused by out-of-channel emissions.

   (l) Any MDS or ITFS conditional licensee or licensee who wishes to use
   one or more of its associated I channels for point-to-multipoint
   transmissions in a system with one or more authorized, or previously-
   or simultaneously-proposed, response station hub(s) shall:

   (1) File FCC Form 331 with the Commission, filing with Mellon Bank for
   I channels associated with an MDS station, and filing with the
   Commission in Washington, DC for I channels associated with an ITFS
   station. The application shall specify which of the associated I
   channels is/are intended for point-to-multipoint transmissions, or
   whether an I channels station already authorized for
   point-to-multipoint transmissions is being modified. The applicant
   also shall certify on the appropriate form that it has complied with
   the requirements of paragraph (l)(2) of this section. Failure to
   certify compliance and to comply completely with the requirements of
   paragraph (l)(2) of this section shall result in dismissal of the
   application or revocation of the authorization for point-to-multipoint
   transmissions on the relevant I channels, and may result in imposition
   of a monetary forfeiture. Modification applications to convert I
   channels associated with ITFS stations to point-to-multipoint
   transmissions shall be considered minor changes for purposes of
   Sec. 74.911. These applications shall be subject to the procedures set
   forth in Sec. 21.27(d) of this chapter or Sec. 74.911(e), as appropriate; and

   (2) Submit to the Commission's Reference Room (see Sec. 21.902(m) for
   permissible format(s) and media) the following:

   (i) Duplicates of the Form 331 filed with Mellon Bank or with the
   Commission, as appropriate; and

   (ii) The interference analyses required to be performed under Sec. 21.902
   of this chapter, and Sec. 21.938 of this chapter where appropriate,
   including the provisions of Sec. Sec. 21.909 of this chapter, 21.913 of this
   chapter, 74.939 and 74.985 regarding the protection of response
   station hubs and booster service areas from harmful electromagnetic
   interference, and including protection of stations authorized pursuant
   to Sec. Sec. 21.949 of this chapter and 74.949 from harmful electromagnetic
   interference, using the appropriately adjusted interference protection
   values based upon the ratio of the bandwidths in use; and

   (3) Except as provided in Sec. 21.27(d) of this chapter or Sec. 74.911(e), as
   appropriate, be permitted to file applications to convert associated I
   channels to point-to-multipoint transmissions at any time. I channels
   used for point-to-multipoint transmissions shall be afforded
   interference protection in the same manner as other
   point-to-multipoint MDS and ITFS facilities, with appropriate
   adjustment of the interference protection values for bandwidth.
   Notwithstanding any other provision of parts 21 and 74, applications
   to convert associated I channels to point-to-multipoint transmissions,
   meeting the requirements of paragraphs (l) (1) and (2) of this
   section, shall cut-off applications that are filed on a subsequent day
   for facilities that would cause harmful electromagnetic interference
   to the proposed point-to-multipoint operations; and

   (4) Notwithstanding the provisions of Sec. Sec. 21.30(a)(4) of this chapter
   and 74.912, and except as provided in Sec. 21.27(d) of this chapter or
   Sec. 74.911(e), as appropriate, be subject to a petition to deny an
   application to convert associated I channels to point-to-multipoint
   transmissions that is filed no later than the sixtieth (60th) day
   after the date of public notice announcing the filing of such
   application or major amendment thereto. Notwithstanding Sec. Sec. 21.31 of
   this chapter and 74.911(d), and except as provided in Sec. 21.27(d) of
   this chapter or Sec. 74.911(e), as appropriate, an application to convert
   associated I channels to point-to-multipoint transmissions that meets
   the requirements of this paragraph shall be granted on the sixty-first
   (61st) day after the Commission shall have given public notice of the
   acceptance for filing of it, or of a major amendment to it if such
   major amendment has been filed, unless prior to such date either a
   party in interest timely files a formal petition to deny or for other
   relief pursuant to Sec. 21.30(a) of this chapter or Sec. 74.912, or the
   Commission notifies the applicant that its application will not be
   granted. Where an application is granted pursuant to the provisions of
   this paragraph, the conditional licensee or licensee shall maintain a
   copy of the application at the I channels station until such time as
   the Commission issues an I channels station license for
   point-to-multipoint transmissions; and

   (5) Where an application is granted under this paragraph, and a
   facility operated pursuant to that grant causes harmful, unauthorized
   interference to any cochannel or adjacent channel facility, promptly
   remedy the interference or immediately cease operations of the
   interfering facility, regardless of whether any petitions to deny or
   for other relief were filed against the application during the
   application process. The burden of proving that a facility operated
   under this paragraph is not causing harmful, unauthorized interference
   lies on the licensee of the alleged interfering facility, following
   the filing of a documented complaint of interference by an affected
   party.

   (6) A certification that copies of the materials set forth in
   paragraph (l)(2) of this section have been served upon the licensee or
   conditional licensee of each station (including each response station
   hub and booster station) required to be studied pursuant to paragraph
   (l)(3) of this section, and upon any affected holder of a Basic
   Trading Area or Partitioned Service Area authorization pursuant to
   paragraph (l)(2) of this section.

   (m) A response station may be operated unattended. The overall
   performance of the response station transmitter shall be checked by
   the hub licensee as often as necessary to ensure that it is
   functioning in accordance with the requirements of the Commission's
   rules. The licensee of a response station hub is responsible for the
   proper operation of all associated response station transmitters. Each
   response station hub licensee is responsible for maintaining, and
   making available to the Commission upon request, a list containing all
   customer names and addresses, plus the technical parameters (EIRP,
   emission, bandwidth, antenna pattern/height/orientation/polarization)
   pertinent to each class of response station within the response
   service area.

   (n) The transmitting apparatus employed at ITFS response stations
   shall have received type certification.

   (o) An ITFS response station shall be operated only when engaged in
   communications with its associated ITFS response station hub or ITFS
   station or booster station, or for necessary equipment or system tests
   and adjustments. Upon initial installation, and upon relocation and
   reinstallation, a response station transmitter shall be incapable of
   emitting radiation unless, and until, it has been activated by
   reception of a signal from the associated ITFS station or booster
   station. A hub station licensee shall be capable of remotely
   de-activating any and all response station transmitters within its RSA
   by means of signals from the associated ITFS station or booster
   station. Radiation of an unmodulated carrier and other unnecessary
   transmissions are forbidden.

   (p) All response stations utilizing an EIRP greater than 18 dBW shall
   be installed by the associated hub licensee or by the licensee's
   employees or agents. For the purposes of this section, all EIRP dBW
   values assume the use of a 6 MHz channel. For channel bandwidths other
   than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz)
   or down (channel <6 MHz) by 10 log(X/6) dBW, where X is the channel
   width in MHz. For response stations located within 1960 feet of an
   ITFS receive site registered and built prior to the filing of the
   application for the hub station license, the hub licensee must notify
   the licensee of the ITFS receive site at least one business day prior
   to the activation of these response stations. The notification must
   contain, for each response station to be activated, the following
   information: name and telephone number of a contact person who will be
   responsible for coordinating the resolution of any interference
   problems; street address; geographic coordinates to the nearest
   second; channels/subchannels (transmit only); and transmit antenna
   pattern, EIRP, orientation and height AMSL. (If transmit antenna
   pattern, EIRP, orientation or height AMSL are not known with
   specificity at the time of notification, the hub licensee may,
   instead, specify the worst-case values for the class of response
   station being activated.) Such notice to the ITFS licensee shall be
   given in writing by certified mail unless the ITFS licensee has
   requested delivery by email or facsimile. The ITFS licensee may waive
   the notification requirement on a site-specific basis or on a
   system-wide basis. The notification provisions of this section shall
   not apply if:

   (1) The response station will operate at an EIRP no greater than -6
   dBW; or

   (2) The response station will operate at an EIRP greater than -6 dBW
   and no more than 18 dBW and:

   (i) The channels being received at the ITFS site are neither the same
   as, nor directly adjacent to, the channel(s) to be transmitted from
   the response station; and

   (ii) The hub station licensee has replaced, at its expense, the
   frequency downconverters used at all ITFS receive sites registered and
   constructed prior to the filing of the hub station application which
   are within 1960 feet of the hub station's response service area; and

   (iii) The downconverters, at a minimum, conform to the following
   specifications:

   (A) A frequency of operation covering the 2150-2162 MHz band or the
   2500-2686 MHz band; and

   (B) A third-order intercept point of 30 dBm; and

   (C) A conversion gain of 32 dB, or the same conversion gain as the
   existing ITFS downconverter, whichever is least; and

   (D) A noise figure of no greater than 2.5 dB, or no more than 1 dB
   greater than the noise figure of the existing ITFS downconverter,
   whichever is greater; and

   (iv) The proposal to upgrade the ITFS downconverter was made in
   writing and served upon the affected ITFS licensee, conditional
   licensee or applicant at the same time the application for the
   response station hub license was served on cochannel and adjacent
   channel ITFS parties and no objection was made within the 60-day
   period allowed for petitions to deny the hub station application.

   (q) Interference calculations shall be performed in accordance with
   Appendix D (as amended) to the Report and Order in MM Docket 97-217,
   FCC 98-231, "Methods For Predicting Interference From Response Station
   Transmitters and To Response Station Hubs and For Supplying Data on
   Response Station Systems." (Note: This document is subject to change
   and will be updated/amended as needed without prior notification.
   Applicants should always utilize the most current version of the
   document, as found at the Commission's internet web site,
   http://www.fcc.gov/mmb/vsd/files/methodology.doc). Compliance with
   out-of-band emission limitations shall be established in accordance
   with Sec. 21.908(e) of this chapter.

   [ 63 FR 65119 , Nov. 25, 1998, as amended at  64 FR 63740 , Nov. 22, 1999;
    65 FR 46623 , July 31, 2000]


Goto Section: 74.938 | 74.949

Goto Year: 2004 | 2006
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