Sec.  90.693   Grandfathering provisions for incumbent licensees.

   (a) General provisions. These provisions apply to “incumbent licensees,” all
   800 MHz licensees authorized in the 809–821/854–866 MHz band who obtained
   licenses or filed applications on or before December 15, 1995.

   (b) Spectrum blocks A through V. An incumbent licensee's service area shall
   be defined by its originally licensed 40 dB �V/m field strength contour and
   its interference contour shall be defined as its originally-licensed 22
   dB �V/m field strength contour. The “originally-licensed” contour shall be
   calculated using the maximum ERP and the actual height of the antenna above
   average terrain (HAAT) along each radial. Incumbent licensees are permitted
   to add, remove or modify transmitter sites within their original 22 dB �V/m
   field strength contour without prior notification to the Commission so long
   as their original 22 dB �V/m field strength contour is not expanded and the
   station complies with the Commission's short-spacing criteria in
    Sec.  Sec. 90.621(b)(4) through 90.621(b)(6). Incumbent licensee protection extends
   only to its 40 dB �V/m signal strength contour. Pursuant to the minor
   modification notification procedure set forth in 1.947(b), the incumbent
   licensee must notify the Commission within 30 days of any changes in
   technical parameters or additional stations constructed that fall within the
   short-spacing criteria. See 47 CFR 90.621(b).

   (c) Special provisions for Spectrum Blocks F1 through V. Incumbent licensees
   that have received the consent of all affected parties or a certified
   frequency coordinator to utilize an 18 dB �V/m signal strength interference
   contour shall have their service area defined by their originally-licensed
   36 dB �V/m field strength contour and their interference contour shall be
   defined as their originally-licensed 18 dB �V/m field strength contour. The
   “originally-licensed” contour shall be calculated using the maximum ERP and
   the actual HAAT along each radial. Incumbent licensees seeking to utilize an
   18 dB �V/m signal strength interference contour shall first seek to obtain
   the consent of affected co-channel incumbents. When the consent of a
   co-channel licensee is withheld, an incumbent licensee may submit to any
   certified frequency coordinator an engineering study showing that
   interference will not occur, together with proof that the incumbent licensee
   has sought consent. Incumbent licensees are permitted to add, remove or
   modify transmitter sites within their original 18 dB �V/m field strength
   contour without prior notification to the Commission so long as their
   original 18 dB �V/m field strength contour is not expanded and the station
   complies with the Commission's short-spacing criteria in  Sec.  Sec. 90.621(b)(4)
   through 90.621(b)(6). Incumbent licensee protection extends only to its 36
   dB �V/m signal strength contour. Pursuant to the minor modification
   notification procedure set forth in  Sec. 1.947(b) of this chapter the incumbent
   licensee must notify the Commission within 30 days of any changes in
   technical parameters or additional stations constructed that fall within the
   short-spacing criteria. See 47 CFR 90.621(b).

   (d) Consolidated license—(1) Spectrum blocks A through V. Incumbent
   licensees operating at multiple sites may, after grant of EA licenses has
   been completed, exchange multiple site licenses for a single license,
   authorizing operations throughout the contiguous and overlapping 40 dB �V/m
   field strength contours of the multiple sites. Incumbents exercising this
   license exchange option must submit specific information on Form 601 for
   each of their external base sites after the close of the 800 MHz SMR
   auction. The incumbent's geographic license area is defined by the
   contiguous and overlapping 22 dB �V/m contours of its constructed and
   operational external base stations and interior sites that are constructed
   within the construction period applicable to the incumbent. Once the
   geographic license is issued, facilities that are added within an
   incumbent's existing footprint and that are not subject to prior approval by
   the Commission will not be subject to construction requirements.

   (2) Special Provisions for Spectrum Blocks F1 through V. Incumbent licensees
   that have received the consent of all affected parties or a certified
   frequency coordinator to utilize an 18 dB �V/m signal strength interference
   contour operating at multiple sites may, after grant of EA licenses has been
   completed, exchange multiple site licenses for a single license. This single
   site license will authorize operations throughout the contiguous and
   overlapping 36 dB �V/m field strength contours of the multiple sites.
   Incumbents exercising this license exchange option must submit specific
   information on Form 601 for each of their external base sites after the
   close of the 800 SMR auction. The incumbent's geographic license area is
   defined by the contiguous and overlapping 18 dB �V/m contours of its
   constructed and operational external base stations and interior sites that
   are constructed within the construction period applicable to the incumbent.
   Once the geographic license is issued, facilities that are added within an
   incumbent's existing footprint and that are not subject to prior approval by
   the Commission will not be subject to construction requirements.

   [ 64 FR 71055 , Dec. 20, 1999, as amended at  69 FR 67852 , Nov. 22, 2004;  70 FR 6761 , Feb. 8, 2005]