§ 90.495 - Channel exclusivity for local, regional, and national paging systems.

(a)(1) Applicants for commercial or non-commercial private paging stations in the 929-930 MHz band are eligible for channel exclusivity based on the minimum separation standards provided in this section. To qualify for exclusivity, applicants must construct and operate a local, regional, or nationwide paging system that conforms to the following criteria:

(i) A local system must consist of at least six contiguous transmitters, except in the New York, Los Angeles, and Chicago markets, as defined in § 90.741, where 18 contiguous transmitters are required. For purposes of this section, transmitters will be considered contiguous if:

(A) Each transmitter is located within 25 miles (40 kilometers) of at least one other transmitter in the system;

(B) The combined areas defined by a 12.5 mile radius around each transmitter form a single contiguous area; and

(C) No transmitter is co-located with any other transmitter being counted as part of a local system for purposes of this section.

(ii) Transmitters will be considered co-located for purposes of this section if they are situated on a common antenna, building, antenna farm, or similar facility.

(2) A regional system must consist of 70 or more transmitters, not necessarily contiguous as defined in paragraph (a)(1)(i) of this section, located in no more than twelve adjacent states in the continental United States. In each of the top thirty markets listed in § 90.741, no transmitter may be counted as part of a regional system under this paragraph unless it would also qualify as part of a local system under paragraph (a)(1)(i) of this section.

(3) A nationwide system must consist of 300 or more transmitters in the continental United States, Alaska, Hawaii, and Puerto Rico, and must provide service to at least 50 markets listed in § 90.741, including 25 of the top 50 markets and two markets in each of the following regions:

(i) Region 1—Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont.

(ii) Region 2—Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia.

(iii) Region 3—Illinois, Indiana, Ohio, Michigan, Wisconsin.

(iv) Region 4—Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee.

(v) Region 5—Arkansas, Kansas, Missouri, Oklahoma, Texas.

(vi) Region 6—Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming.

(vii) Region 7—California, Nevada.

(4) No transmitter may be counted as part of a local, regional, or nationwide system under this section unless it is capable of at least 100 watts output power, has simulcast capability, and is to be operated as part of the paging system for which channel exclusivity is sought. Transmitters that are part of a single paging system need not be licensed to a single entity to comply with this requirement.

(5) Frequency-agile transmitters may be counted no more than once for purposes of this section. A licensee using frequency-agile transmitters may qualify for exclusivity on a second frequency by constructing twice the number of transmitters required to obtain exclusivity on a single frequency, provided that all other requirements of this section are met.

(6) The provisions of this section apply solely to the frequencies listed in § 90.494(a).

(b) If a paging licensee qualifies for exclusivity under paragraph (a) of this section, no co-channel authorization may be granted to another applicant except in compliance with the separation requirements set forth in this paragraph.

(1) The following table of heights and powers is used to classify all 929-930 MHz paging stations:

Average antenna height above average terrain [meters/(feet)]Station Class1206-1526 (4001-5000)GGFEFF862-1205 (2826-4000)HGGFFF610-861 (2001-2825)KHHGFF427-609 (1401-2000)LKHGGG304-426 (1001-1400)LLKHGG177-303 (581-1000)LLLLKH0-176 (0-580)LLLLLLEffective radiated power (watts)125250500100018603500

(2) The minimum distance between each co-channel station and each transmitter in a system qualified for local or regional exclusivity under paragraph (a) of this section is determined by the following table:

Minimum Separation Between Co-channel Stations[kilometers/(miles)]Station Class:L112 (70)K120 (75)125 (78)H128 (80)133 (83)138 (86)G163 (101)168 (104)173 (107)187 (116)F223 (139)227 (142)233 (145)247 (154)275 (171)Station classLKHGF

(3) No co-channel authorization will be granted in the continental United States, Alaska, Hawaii, or Puerto Rico on any frequency assigned to a nationwide paging system as defined in paragraph (a)(3) of this section.

(4) The separation standards set forth in this section do not apply to the placement of co-channel stations that have been authorized on or prior to October 14, 1993 or that are subsequently authorized based on applications filed with the Commission on or prior to October 14, 1993.

(c) A proposed paging system that meets the criteria for channel exclusivity under paragraph (a) of this section will be granted exclusivity under this section at the time of initial licensing. Such exclusivity will expire unless the proposed system (or a sufficient portion of the system to qualify for exclusivity) is constructed and operating within eight months of the licensing date. If exclusivity expires for failure to construct a qualified system:

(1) The licensee may operate constructed stations, but such operation will be secondary to that of any licensee who qualifies for exclusivity under this section; and

(2) The licensee may not apply for any new station authorization in the previously proposed service area for one year from the expiration of exclusivity.

(d) Applications for channel exclusivity may request no more than one frequency in each location to be served. No applicant or affiliate of an applicant may apply for an additional frequency in an area that is the subject of the applicant's prior application unless the system proposed in the prior application has been constructed, is operating, and meets the criteria set forth in paragraph (a) of this section.

(e) Paging licensees may obtain channel exclusivity for stations that have been authorized on or prior to October 14, 1993, or for stations that are subsequently authorized based on applications filed with the Commission on or prior to October 14, 1993, by showing that such stations constitute part of a paging system that meets the criteria set forth in paragraph (a) of this section.

(f) Applications for stations will be deemed mutually exclusive if they are filed on the same day for the same frequency and if the grant of both applications would violate the separation standards set forth in paragraph (b) of this section. Where a 929-930 MHz licensee applies to add a station or stations to a system that has previously qualified for exclusivity under paragraph (a) of this section, applicants who are seeking to construct new systems in the same area and whose applications are mutually exclusive with the licensee's application will be deemed ineligible and such applications will be dismissed as unacceptable for filing.