Sec.  90.1207   Licensing.

   (a) A 4940–4990 MHz band license gives the licensee authority to operate on
   any authorized channel in this band within its licensed area of operation.
   See  Sec. 90.1213. A 4940–4990 MHz band license will be issued for the geographic
   area encompassing the legal jurisdiction of the licensee or, in case of a
   nongovernmental organization, the legal jurisdiction of the state or local
   governmental entity supporting the nongovernmental organization.

   (b) Subject to  Sec. 90.1209, a 4940–4990 MHz band license gives the licensee
   authority to construct and operate any number of base stations anywhere
   within the area authorized by the license, except as follows:

   (1) A station is required to be individually licensed if:

   (i) International agreements require coordination;

   (ii) Submission of an environmental assessment is required under  Sec. 1.1307 of
   this chapter; or

   (iii) The station would affect areas identified in  Sec. 1.924 of this chapter.

   (2) Any antenna structure that requires notification to the Federal Aviation
   Administration (FAA) must be registered with the Commission prior to
   construction under  Sec. 17.4 of this chapter.

   (c) A 4940–4990 MHz band license gives the licensee authority to operate
   base and mobile units (including portable and handheld units) and operate
   temporary (1 year or less) fixed stations anywhere within the area
   authorized by the license. Such licensees may operate base and mobile units
   and/or temporary fixed stations outside their authorized area to assist
   public safety operations with the permission of the jurisdiction in which
   the radio station is to be operated. Base and temporary fixed stations are
   subject to the requirements of paragraph (b) of this section.

   (d) A 4940–4990 MHz band license does not give the licensee authority to
   operate permanent fixed point-to-point stations. Licensees choosing to
   operate such fixed stations must license them individually on a site-by-site
   basis. Such fixed operation will be authorized only on a secondary,
   non-interference basis to base, mobile and temporary fixed operations.

   [ 68 FR 38639 , June 30, 2003, as amended at  69 FR 17959 , Apr. 6, 2004]