§  101.81   Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200
MHz bands.

   After April 25, 1996, all major modifications and extensions to
   existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200
   MHz bands will be authorized on a secondary basis to ET systems. All
   other modifications will render the modified FMS license secondary to
   ET operations, unless the incumbent affirmatively justifies primary
   status and the incumbent FMS licensee establishes that the modification
   would not add to the relocation costs of ET licensees. Incumbent FMS
   licensees will maintain primary status for the following technical
   changes:

   (a) Decreases in power;

   (b) Minor changes (increases or decreases) in antenna height;

   (c) Minor location changes (up to two seconds);

   (d) Any data correction which does not involve a change in the location
   of an existing facility;

   (e) Reductions in authorized bandwidth;

   (f) Minor changes (increases or decreases) in structure height;

   (g) Changes (increases or decreases) in ground elevation that do not
   affect centerline height;

   (h) Minor equipment changes.

   [ 61 FR 29695 , June 12, 1996, as amended at  62 FR 12759 , Mar. 18, 1997;
    65 FR 38327 , June 20, 2000]