[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3840-3846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2324]
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[[Page 3841]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 89-552, GN Docket No. 93-252; FCC 96-27]
Wireless Telecommunications Services; Private Land Mobile Radio
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission adopts a procedure that will enable 220 MHz
licensees to modify their licenses to relocate their authorized base
stations at currently unauthorized locations. The Commission also
extends the current February 2, 1996, construction deadline to March
11, 1996, for all non-nationwide 220 MHz licensees that elect to
construct their base station at their currently authorized location,
and to August 15, 1996, for all licensees granted authority to modify
their licenses to relocate their base station. The action adopted in
this Second Report and Order is needed to provide existing 220 MHz
licensees with the flexibility they need to complete construction of
their systems and provide service. This Second Report and Order
contains proposed or modified information collections subject to the
Paperwork Reduction Act of 1995 (PRA). It has been submitted to the
Office of Management and Budget (OMB) for review under the PRA. OMB,
the general public, and other Federal agencies are invited to comment
on the proposed or modified information collections contained in this
proceeding.
EFFECTIVE DATE: The extensions of the construction deadline is
effective January 26, 1996. The rule amendmentes are effective March 4,
1996. Letters of intent and modification applications may be filed
after March 4, 1996. Written comments by the public on the proposed
and/or modified information collections are due by February 23, 1996.
Written comments must be submitted by the Office of Management and
Budget (OMB) on the proposed and/or modified information collections on
or before March 1, 1996.
ADDRESSES: In addition to filing comments with the Secretary, a copy of
any comments on the information collections contained herein should be
submitted to Dorothy Conway, Federal Communications Commission, Room
234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to
dconway@fcc., and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725
17th Street, N.W., Washington, DC 20503 or via the Internet to t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Marty Liebman, 202-418-1310, or Mary
Woytek, 202-418-1066. For additional information concerning the
information collections contained in this Second Report and Order
contact Dorothy Conway at 202-418-0217, or via the Internet at
dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Second Report and
Order in PR Docket No. 89-552 and GN Docket No. 93-252, FCC 96-27,
adopted January 26, 1996, and released January 26, 1996. The complete
text of this Second Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center (Room
239), 1919 M Street, N.W., Washington, D.C., and also may be purchased
from the Commission's copy contractor, International Transcription
Service, at (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington,
D.C. 20037.
Synopsis of the Second Report and Order
The Commission adopts a procedure that will enable 220 MHz
licensees to modify their licenses to relocate their authorized base
stations to currently unauthorized locations. Under this procedure,
licensees with base stations authorized inside any Designated Filing
Area (DFA) will be permitted to relocate their base stations up to one-
half the distance over 120 kilometers (km) toward any authorized co-
channel base station, to a maximum distance of 8 km. Licensees with
base stations authorized outside the boundaries of any DFA will be
permitted to relocate their base stations up to one-half the distance
over 120 km toward any authorized co-channel base station, to a maximum
distance of 25 km, so long as they do not locate their base station
more than 8 km inside the boundaries of any DFA. A licensee will be
permitted to relocate its base station less than 120 km from the base
station of a co-channel licensee or more than one-half the distance
over 120 km toward the base station of a co-channel licensee only with
the consent of that licensee.
The Commission also extends the current February 2, 1996,
construction deadline to March 11, 1996, for all non-nationwide 220 MHz
licensees that elect to construct their base station at their currently
authorized location, and to August 15, 1996, for all licensees granted
authority to modify their licenses to relocate their base stations.
Licensees seeking authority to modify their authorizations to relocate
their base stations may file, by March 11, 1996, a statement of their
intention to file an application requesting such modification, and will
be required to file a modification application by no later than May 1,
1996. The Commission believes that the procedures adopted in this Order
will provide existing 220 MHz licensees flexibility to complete
construction of their systems and provide service. At the same time,
the Commission believes its decision will not unreasonably impair the
opportunity of potential licensees to obtain licenses in the 220 MHz
service.
The Commission began accepting applications for 220 MHz licenses on
May 1, 1991, and on May 24, 1991, after receiving over 59,000
applications, imposed a freeze on the filing of all initial and
modification applications for the 220 MHz service--a freeze that
remains in effect today. Since then, the Commission has issued
authorizations to approximately 3,800 licensees to operate ``non-
nationwide'' 220 MHz stations. A number of 220 MHz licensees have asked
to be permitted to file modification applications to relocate their
stations to currently unauthorized sites. In response, the Commission
released, on August 29, 1995, the Fourth Notice of Proposed Rulemaking
in this proceeding (Fourth NPRM), 60 FR 46566, September 7, 1995)
proposing a procedure to enable existing licensees in the 220 MHz
service to seek modification of their authorizations to relocate their
base stations.
While the Commission is ordinarily reluctant to open a ``license
modification only'' filing window, where the applications of initial
applicants would not be accepted, it recognizes that the 220 MHz
service is unique. Evans v. Federal Communications Commission, Order,
per curiam, Case No. 92-1317 (D.C. Cir. March 18, 1994), effectively
placed all of the more than 3,000 authorizations the Commission granted
in the 220 MHz service in doubt for nearly a two-year period, and
caused many licensees to refrain from constructing their stations.
Following the settlement of the case, the deadline for licensees to
construct their systems and place them in operation was extended on
four separate occasions to allow licensees sufficient time to construct
their systems. However, with several years having passed since 220 MHz
licensees filed their applications, many licensees have found that, for
various reasons, they are unable to construct at their authorized
locations. In light of these circumstances, the Commission is adopting
a modification
[[Page 3842]]
procedure which will provide these licensees an opportunity to
construct their radio stations and offer mobile communications service
to the public. The Commission believes that this modification procedure
will also increase the number of potential users of the 5 kHz
narrowband radio equipment and thus help to promote the development and
implementation of this spectrally efficient technology.
The Commission will afford non-nationwide 220 MHz licensees the
opportunity to relocate their authorized base stations by filing
modification applications under the following procedure:
(1) A licensee with an authorized base station located in a DFA
will be permitted to relocate its base station up to one-half the
distance over 120 km toward any co-channel licensee's initially
authorized base station, to a maximum distance of 8 km.
(2) A licensee with an authorized base station not located in a DFA
may relocate its base station up to one-half the distance over 120 km
toward any co-channel licensee's initially authorized base station, to
a maximum distance of 25 km, so long as it does not locate its base
station more than 8 km inside of any DFA (i.e., not more than 8 km from
the nearest DFA boundary line).
(3) The application of a licensee proposing a modification to
relocate its base station at least 120 km from each co-channel
licensee's initially authorized base station but more than one-half the
distance over 120 km toward the base station of a co-channel licensee
will be accepted by the Commission only with the consent of that co-
channel licensee, as evidenced in a letter submitted concurrently with
the modification application.
(4) The application of a licensee proposing a modification
resulting in less than 120 km separation from a co-channel licensee's
initially authorized base station will be accepted by the Commission
only with the consent of that co-channel licensee, as evidenced in a
letter submitted concurrently with the modification application.
(5) Any modification application that does not meet these standards
will be considered defective and dismissed.
All licensees applying for modification of their authorization must
also ensure that they comply with all applicable technical and
operational rules (e.g., Section 90.723(d) and Section 90.729 of the
Commission's Rules).
While the Commission believes that this decision will accommodate
the needs of most 220 MHz licensees to relocate their base stations, we
recognize that in certain areas of the Nation it is possible that the
technical characteristics of base station sites available under our
relocation procedure may be considerably inferior to the technical
characteristics of currently licensed sites and sites that may exist at
nearby, more elevated locations. Because of their unique terrain
features, the Commission has historically treated licensees authorized
to serve these areas differently than licensees authorized elsewhere in
the Nation. The Commission therefore believes that it would be
appropriate to entertain waiver requests by licensees authorized in any
urban areas with such unique terrain features, to relocate their
stations to sites at higher elevations that may be situated more than 8
km (or 25 km, for licensees authorized outside DFAs) from their
authorized location. A licensee seeking such a waiver of Section 90.753
of the Commission's Rules must provide: (1) A showing that the terrain
in question does, in fact, present unique technical and operational
problems; and (2) a technical analysis demonstrating that in relocating
its base station to its desired location at a higher elevation, the
licensee will provide service to substantially the same geographic area
it was authorized to serve pursuant to its initial application.
The Commission notes that there are five groups of applications
(totalling 34 applications) that were filed on the last day 220 MHz
applications were accepted in May 1991, and that remain pending before
the Commission. These applications are mutually exclusive with one
another and, in each of the five groups, the applicants have requested
the same base station locations. How these 34 applications are to be
ultimately processed is a matter raised in the context of the Third
Notice of Proposed Rulemaking (Third NPRM) in this Docket (60 FR 46564,
September 17, 1995). Prior to reaching decisions in that proceeding,
the Commission will not take any action in this Second R&O that would
affect the rights of these applicants, either positively or negatively,
to be licensed or, once licensed, to take advantage of the relocation
options being afforded to other existing 220 MHz licensees. The
Commission's analysis indicates that if we were to allow certain
existing 220 MHz licensees, located between 120 km and 170 km from one
of the five base station locations, to relocate under the modification
procedure as though these pending applications did not exist, the
licensees granted licenses at these locations, once authorized, would
not be able to relocate their base stations under the procedure. The
Commission will therefore require the following licensees to ensure
that, in seeking relocation of their base stations pursuant to this
Second R&O, they comply with our modification procedure by protecting a
possible co-channel station at the following locations.
The following licensees must protect a possible co-channel licensee
at coordinates N 30.5221, W 083.2036:
Licensee (Call Sign) Distance to Coordinates (km)
WPCB732..........................................................163.87
WPCW990..........................................................163.87
The following licensees must protect a possible co-channel licensee
at coordinates N 36.3628, W 121.0951:
Licensee (Call Sign) Distance to Coordinates (km)
WPCY266..........................................................140.77
WPCA288..........................................................140.77
WPCV737..........................................................140.90
WPCX490..........................................................140.77
WPCW812..........................................................140.90
WPCX487..........................................................140.77
WPBU519..........................................................140.77
WPBZ605..........................................................154.53
WPCW456..........................................................154.53
WPCX473..........................................................163.16
WPCY621..........................................................123.67
WPCK365..........................................................123.67
WPCR214..........................................................123.67
WPCX477..........................................................165.01
WPCW482..........................................................156.40
WPCJ969..........................................................168.09
WPCX469..........................................................157.27
The following licensees must protect a possible co-channel licensee
at coordinates N 42.1551, W 089.0155:
Licensee (Call Sign) Distance to Coordinates (km)
WPBU711..........................................................123.19
WPCM336..........................................................123.19
WPCX791..........................................................123.19
WPCD923..........................................................123.45
WPCA452..........................................................120.23
WPCT282..........................................................126.45
WPCK616..........................................................130.69
WPCA720..........................................................125.51
WPCA717..........................................................125.51
WPCA301..........................................................152.08
WPDG617..........................................................143.76
WPCV785..........................................................152.08
WPDH432..........................................................143.76
WPCB933..........................................................143.76
WPDR932..........................................................123.19
The following licensees must protect a possible co-channel licensee
at coordinates N 33.2753, W 080.5642:
Licensee (Call Sign) Distance to Coordinates (km)
WPCC592..........................................................126.82
WPCQ606..........................................................126.82
WPBR454..........................................................137.48
[[Page 3843]]
.......................................................................
WPCK496..........................................................158.29
WPCP569..........................................................158.29
WPDG323..........................................................163.37
The following licensees must protect a possible co-channel licensee
at coordinates N 35.0658, W 078.5558:
Licensee (Call Sign) Distance to Coordinates (km)
WPCD332..........................................................138.40
WPCV776..........................................................136.08
WPCW524..........................................................131.16
Licensees with authorized base stations identified above as being
located more than 136 km from a protected base station site and located
in a DFA are still restricted to relocations of no greater than 8 km.
The Second R&O next determines that licensees with Special
Temporary Authority (STA) to operate base stations at alternative
locations, who certify, in accordance with this Second R&O that it has
constructed its base station and has placed it in operation, or
commenced service at that site by the adoption date of this decision,
will be permitted to seek permanent authorization at the site, in
accordance with the procedures for filing modification applications
established the full text of this Second R&O, regardless of whether
locating at its STA site is in strict conformance with the relocation
distance limitations prescribed in the Commission's modification
procedure.
For the same reasons, the Commission will provide similar relief to
licensees that are in the process of constructing their base station at
their STA site. Such licensees will be permitted to seek permanent
authorization at their STA site, in accordance with the procedures for
filing modification applications established in the full text of this
Second R&O, regardless of whether locating their station at its STA
site is in strict conformance with the relocation distance limitations
prescribed in our modification procedure, if they certify that they had
taken delivery of their base station transceiver on or before the
adoption date of this decision. A licensee seeking permanent
authorization at its STA site under either of these conditions must
ensure that it complies with all applicable technical and operational
rules (e.g., Section 90.723 and Section 90.729 of the Commission's
Rules).
The current deadline for non-nationwide 220 MHz licensees to
construct and operate their base station is February 2, 1996. With the
adoption and release of this Second R&O occurring close to this
February date, the Commission believes that it is appropriate to give
licensees sufficient time to decide whether they want to relocate their
base station under our modification procedure, and then to construct
their base station and begin operation. The Commission will therefore
extend the construction deadline for all non-nationwide 220 MHz
licensees that intend to construct their base station at their
currently authorized location to March 11, 1996. For licensees that
elect to modify their authorization to relocate their base station, the
deadline shall be August 15, 1996.
The Commission will begin to accept modification applications from
licensees seeking to relocate their base stations 30 days after
publication of the summary of this Second R&O in the Federal Register.
The deadline for filing modification applications will be May 1, 1996.
If a licensee does not construct its base station and place it in
operation, or commence service, at its currently authorized location on
or before March 11, 1996, and, instead, chooses to seek modification of
its authorization to relocate its base station, it must inform the
Commission on or before March 11, 1996, of its intention to seek a
license modification. Otherwise its authorization will cancel
automatically at the close of March 11, 1996. Because the Commission
recognizes that the relatively short time period between the release of
this Second R&O and the March 11, 1996 date may not be sufficient to
enable licensees to evaluate the decisions reached in this Second R&O,
acquire an alternative base station site, and perform the necessary
technical analysis needed to file a modification application, the
Commission will permit licensees to submit a letter during the period
beginning 30 days after publication of the summary of this Second R&O
in the Federal Register, but no later than March 11, 1996, certifying
to the Commission their intent to file an application to modify their
authorization to relocate their base station. This letter will serve to
extend a licensee's authorization past March 11, 1996, even if the
licensee has not yet identified and secured an alternate site. The
Commission will then allow licensees to file their modification
applications requesting relocation of their base station any time after
this date, but no later than May 1, 1996. If a licensee files a letter
indicating its intent to file a modification application and does not
file such an application on or before May 1, 1996, the licensee's
existing authorization will cancel automatically unless the licensee
had constructed its base station at its initially authorized location
and placed it in operation, or commenced service, on or before March
11, 1996. To ensure that licensees are provided an adequate
construction period, the Commission will extend the deadline for a
licensee to construct its station and place it in operation, or
commence service, beyond August 15, 1996, by the number of days after
June 1, 1996, that pass before a licensee's timely filed modification
application is actually granted.
If a licensee elects to construct its base station and place it in
operation, or commence service, at its initially authorized location on
or before March 11, 1996, and also seeks to modify its authorization to
relocate the station, its construction deadline will be considered to
be met if it constructs its base station and places it in operation, or
commences service, on or before March 11, 1996, and it will be given
until August 15, 1996, to construct and place in operation its base
station, or commence service, at its new station location. If the
application for modification of any licensee seeking relocation of its
base station is denied for any reason, that licensee's existing
authorization will cancel automatically unless the licensee has
constructed its base station at its initially authorized location and
placed it in operation, or commenced service, by March 11, 1996.
The application of a licensee seeking relocation of its base
station should include the following:
(1) A Form 600 requesting station modification, and providing all
applicable information.
(2) Certification that the location of the proposed base station is
in conformance with the modification procedures adopted in this
proceeding, or a letter evidencing consent of a co-channel licensee
that the licensee may be authorized less than 120 km from the co-
channel licensee or more than one-half the distance over 120 km toward
the base station of a co-channel licensee.
(3) For licensees with STAs (if applicable, and as provided in the
Second Report and Order), certification that (a) the licensee has
constructed its base station and placed it in operation, or commenced
service, at its STA site on or before the adoption date of this Second
R&O; or (b) the licensee had taken delivery of its base station
transceiver on or before the adoption date of this Second R&O.
(4) Certification that the licensee has constructed its base
station and placed it in operation, or commenced service, at its
initially authorized location on or before March 11, 1996 (if
applicable).
[[Page 3844]]
The Second R&O considers the issue of meeting the construction and
operation requirement, and determines that ``grandfathered'' CMRS
licensees and PMRS licensees would be required to meet their ``placed
in operation'' requirement by satisfying the provisions of Section
90.155 of the Commission Rules and all ``non-grandfathered'' CMRS
licensees would be required to meet the ``commencement of service''
requirement as provided under Section 90.167 of the Commission's Rules.
However, to eliminate any confusion on the part of 220 MHz licensees as
to which station construction and operation requirement they must
follow, the Commission will allow all 220 MHz licensees to meet their
applicable deadline (i.e., March 11, 1996, for licensees constructing
their base station at their initially authorized location, and August
15, 1996, for licensees granted license modification to relocate their
base station) by constructing their base station and satisfying either
the ``placed in operation'' provisions of Section 90.155 or the
``commencement of service'' provisions of Section 90.167.
Fred Daniel d/b/a Orion Telecom (Orion) asks that the Commission
modify Section 90.723(d) of the Rules to require that base station
transmitters utilizing channels assigned from Sub-Band A be
geographically separated from AMTS base station receivers utilizing
channels within 200 kHz of the Sub-Band A channel. The Commission does
not believe that the current record is adequate to determine the merits
of Orion's request, and finds it would be more appropriate to consider
it as part of a separate proceeding. The Commission invites Orion to
submit its request for relief in the form of a Petition for Rulemaking.
Finally, in the Third NPRM, the Commission extended the
construction deadline for Phase I 220 MHz licensees located within Line
A of the Canadian border until 12 months after the signing of an
agreement with Canada on the sharing of 220-222 MHz channels near the
border. Since the Commission did not amend the appropriate rules at the
time of the adoption of the Third NPRM, we will take the opportunity to
do so in this proceeding.
Procedural Matters; Ordering Clauses
Final Regulatory Flexibility Analysis.
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 605,
it is certified that this decision will have an impact on small 220 MHz
operators. As detailed in the full text of the Second Report and Order,
the actions taken in this decision were initiated in response to
requests by 220 MHz licensees to establish a flexible license
modification procedure that will end a freeze on the acceptance of
modification applications and will give existing 220 MHz licensees the
ability to relocate their authorized base stations to currently
unauthorized sites. This action will enhance the competitive potential
of 220 MHz services in the commercial radio service marketplace. The
Commission believes the alternative adopted in this decision represents
the best balance of providing licensees, many of whom may be considered
small businesses, with the most flexibility and the least regulatory
burden possible. The full text of the Commission's final regulatory
flexibility analysis may be found in Appendix B of the full text of
this Second R&O.
Paperwork Reduction Act
This Second Report and Order contains either a proposed or modified
information collection. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collections contained in this Second Report and Order, as required by
the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and
agency comments are due February 23, 1996; OMB comments are due March
1, 1996. Comments should address: (a) whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's burden
estimates; (c) ways to enhance the quality, utility, and clarity of the
information collected; and (d) ways to minimize the burden of the
collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology.
OMB Approval Number: __________
Title: Private Land Mobile Radio Services Part 90.
Form No.: __________
Type of Review: New collection.
Respondents: 220 MHz licensees seeking to modify their
authorizations to relocate their base stations.
Number of Respondents: 500.
Estimated Time Per Response: 3.8 hours.
Total Annual Burden: 1,900.
Needs and Uses: The information collected will be used by the
Commission to verify licensee compliance with Commission rules and
regulations, to ensure the integrity of the 220 MHz service and to
ensure that licensees continue to fulfill their statutory
responsibilities in accordance with the Communications Act of 1934.
It is ordered that the Final Regulatory Flexibility Analysis, as
required by Section 604 of the Regulatory Flexibility Act, and as set
forth in Appendix B of the full text of this decision, is adopted.
It is further ordered that pursuant to the authority of Sections
4(i), 303(d), 303(r) and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 154(i), 303 (d), 303(r) and 332, Part 90 of
the Commission's Rules, 47 CFR Part 90, is amended as set forth below
effective 30 days after publication of the summary of this Second
Report and Order in the Federal Register.
It is further ordered that non-nationwide 220 MHz licensees may
file a letter with the Acting Secretary of the Commission indicating
their intent to file an application to modify their authorizations to
relocate their base stations 30 days after publication of the summary
of this Second Report and Order in the Federal Register, but no later
than March 11, 1996.
It is further ordered that non-nationwide 220 MHz licensees may
file applications to modify their authorizations to relocate their base
stations 30 days after publication of the summary of this Second Report
and Order in the Federal Register, but no later than May 1, 1996.
It is further ordered that the deadline for non-nationwide 220 MHz
licensees to construct their base station and place it in operation, or
commence service, is extended from February 2, 1996, to March 11, 1996,
and that the effective date of this extension is the adoption date of
this Second Report and Order. The current deadline for non-nationwide
220 MHz licensees to construct and operate their base stations is
February 2, 1996. With the adoption and release of the Second Report
and Order occurring within 30 days of that date, there is good cause to
order this rule change to take effect upon the adoption of this Second
Report and Order.
It is further ordered that non-nationwide 220 MHz licensees that
file a modification application on or before March 11, 1996, or a
letter in accordance with this Order indicating an intent to modify
their authorization to relocate their base station shall be granted an
extension of the deadline to construct their base station and place it
in operation, or commence service, until August 15, 1996, if the
modification application is ultimately granted.
It is further ordered that the request by the American Mobile
Telecommunications Association to
[[Page 3845]]
extend the current February 2, 1996, deadline for non-nationwide 220
MHz licensees to construct their stations and place them in operation
to a date 120 days after the effective date of this Second R&O is
denied.
It is further ordered that the Acting Secretary shall transmit a
copy of this Second Report and Order to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Revisions to Commission Rules
47 CFR Part 90 is amended as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for Part 90 continues to read as follows:
Authority: 47 U.S.C. 154, 303, and 332, unless otherwise noted.
2. Section 90.723(f) is revised to read as follows:
Sec. 90.723 Selection and assignment of frequencies.
* * * * *
(f) Except for nationwide assignments, the separation of co-channel
base stations shall be 120 kilometers. Except for licensees seeking
license modification in accordance with the provisions of Sections
90.751 and 90.753, shorter separations will be considered on a case-by-
case basis upon submission of a technical analysis indicating that at
least 10 dB protection will be provided to an existing station's 38 dBu
signal level contour.
3. Section 90.751 is added to read as follows:
Sec. 90.751 Minor modifications of non-nationwide licenses.
Licensees granted non-nationwide authorizations from among
applications filed on or before May 24, 1991 (Phase I licensees) will
be given an opportunity to seek modification of their license to
relocate their initially authorized base station, i.e., locate their
base station at a site other than its initially authorized location.
The conditions under which modifications will be granted and the
procedures for applying for license modifications are described in
Sections 90.753, 90.755, and 90.757. For CMRS licensees, these
modifications will be treated as minor modifications in accordance with
Section 90.164.
4. Section 90.753 is added to read as follows:
Sec. 90.753 Conditions of license modification.
(a) Except as provided in paragraphs (b), and (c) of this section,
a Phase I non nationwide licensee may modify its authorization to
relocate its authorized base station up to one-half the distance over
120 km toward any co-channel licensee's initially authorized base
station, to a maximum distance of 8 km.
(b) A Phase I non-nationwide licensee with an authorized base
station located outside a Designated Filing Area (DFA) (see Public
Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its
authorization to relocate its authorized base station up to one-half
the distance over 120 km toward any co-channel licensee's initially
authorized base station, to a maximum distance of 25 km, so long as the
base station is relocated no more than 8 km inside of any DFA (i.e., no
more than 8 km from the nearest DFA boundary line).
(c) A Phase I non-nationwide licensee that has been granted Special
Temporary Authority (STA) to operate at an alternative base station
location may modify its authorization to seek permanent authorization
at that location, regardless of whether locating the station at the STA
site is in strict conformance with the provisions of paragraphs (a) and
(b) of this section, if the licensee certifies that such a modification
is in conformance with Sections 90.723 and 90.729 and:
(1) It has constructed its base station and has placed it in
operation, or commenced service, at the STA site on or before January
26, 1996; or
(2) It has taken delivery of its base station transceiver on or
before January 26, 1996.
(d) The application of a Phase I non-nationwide licensee proposing
a base station modification resulting in less than 120 km separation
from a co-channel licensee's initially authorized base station will be
accepted by the Commission only with the consent of that co-channel
licensee, as evidenced in a letter submitted concurrently with the
licensee's application.
(e) The application of a Phase I non-nationwide licensee proposing
a base station modification resulting in at least a 120 km separation
from each co-channel licensee's initially authorized base station but
more than one-half the distance over 120 km toward any co-channel
licensee's initially authorized base station will be accepted by the
Commission only with the consent of that co-channel licensee, as
evidenced in a letter submitted concurrently with the licensee's
application.
5. Section 90.755 is added to read as follows:
Sec. 90.755 Procedures for License Modification.
(a) A Phase I non-nationwide licensee seeking modification of its
authorization to relocate its authorized base station in accordance
with the provisions of Section 90.753 must file the following on or
before May 1, 1996:
(1) Form 600 requesting license modification, and providing all
applicable information;
(2) Certification that the location of its proposed base station is
in conformance with the provisions of Section 90.753, or, as provided
in Section 90.753(d), a letter evidencing consent of a co-channel
licensee that the licensee may be authorized less than 120 km from the
co-channel licensee;
(3) If applicable, the required certification by a licensee with a
Special Temporary Authority, in accordance with Section 90.753(c);
(4) If applicable, certification that the licensee has constructed
its base station and placed it in operation, or commenced service, at
its initially authorized location on or before March 11, 1996.
(b) A licensee seeking modification of its authorization to
relocate its base station in accordance with the provisions of Section
90.753, should file, on or before March 11, 1996, either a modification
application, as provided in paragraph (a) of this section, or a letter
certifying to the Commission its intent to file an application to
modify its authorization to relocate its base station. For a licensee
that has not constructed its authorized base station and placed it in
operation, or commenced service, by March 11, 1996, this filing will
serve to extend the licensee's construction requirement in accordance
with the provisions of Section 90.757.
6. Section 90.757 is added to read as follows:
Sec. 90.757 Construction requirements.
(a) Except as provided in paragraph (b) of this section, a Phase I
non-nationwide licensee that is granted modification of its
authorization to relocate its base station must construct its base
station and place it in operation, or commence service, on all
authorized channels on or before August 15, 1996, or within 12 months
of initial grant date, whichever is later. The authorization of a
licensee that does not construct its base station and place it in
operation, or commence service, by this date, cancels automatically and
must be returned to the Commission.
(b) A Phase I non-nationwide licensee with a base station
authorized at a location north of Line A must construct its base
station and place it in operation,
[[Page 3846]]
or commence service, on all authorized channels within 12 months of
initial grant date, or within 12 months of the date of the release of
the terms of an agreement between the United States and Canadian
governments on the sharing of 220-222 MHz spectrum between the two
countries, whichever is later. The authorization of a licensee that
does not construct its base station and place it in operation, or
commence service, by this date, cancels automatically and must be
returned to the Commission.
[FR Doc. 96-2324 Filed 2-1-96; 8:45 am]
BILLING CODE 6712-01-P
