[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63727-63745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29785]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 21, 74 and 101
[MM Docket 97-217; FCC 99-178]
MDS and ITFS Two-Way Transmissions
AGENCY: Federal Communications Commission.
ACTION: Final rule; reconsideration.
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SUMMARY: In this document, the Commission makes changes to the rules
adopted in previous order which enabled licensees in the Multipoint
Distribution Service (``MDS'') and Instructional Television Fixed
Service (``ITFS'') to engage in fixed two-way transmissions. These new
rule changes further enhance the flexibility of MDS and ITFS operations
by making certain technical modifications and by extending the
streamlined application processing system to ITFS major modification
applications.
DATES: Effective January 21, 2000.
FOR FURTHER INFORMATION CONTACT: Dave Roberts (202) 418-1600, Video
Services Division, Mass Media Bureau.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order on Reconsideration, MM Docket, 97-217, adopted July
13, 1999 and released July 29, 1999. The full text of this
Reconsideration Order is available for inspection and copying during
normal business hours in the FCC Reference Room, Room CY-A257, Portals
II, 445 12th Street, S.W., Washington, D.C., and also may be purchased
from the Commission's copy contractor, International Transcription
Services, Inc. (``ITS''), Portals II, 445 12th Street, S.W. Room CY-
B402, Washington, D.C. 20554.
Synopsis of Report ad Order on Reconsideration on MDS and ITFS Two-
Way Transmissions
I. Introduction
1. This Reconsideration Order is adopted by the Commission after
receiving petitions for reconsideration of its Order in this docket.
Two-Way Order, 63 FR 65087 (November 25, 1998). The Order was issued
following a notice of proposed rulemaking, which arose from a petition
for rulemaking filed by a group of 111 educators and participants in
the wireless cable industry (collectively, ``Petitioners''), comprised
of MDS and ITFS licensees, wireless cable operators, equipment
manufacturers, and industry consultants and associations.
Traditionally, MDS and ITFS had been one-way video service providers.
The Petitioners sought rule changes which would facilitate the
provision of two-way digital service by these providers. The Order (1)
permitted both MDS and ITFS licensees to provide two-way services on a
regular basis; (2) permitted increased flexibility on permissible
modulation types; (3) permitted increased flexibility in spectrum use
and channelization, including combining multiple channels to
accommodate wider bandwidths, dividing 6 MHz channels into smaller
bandwidths, and channel swapping; (4) adopted a number of technical
parameters to mitigate the potential for interference among service
providers and to ensure interference protection to existing MDS and
ITFS services; (5) simplified and streamlined the licensing process for
stations used in cellularized systems; and (6) modified the ITFS
programming requirements in a digital environment. The Reconsideration
Order further modified some of the technical rules and extended the
streamlined application processing system to all ITFS modification
applications. These rule changes were designed to provide greater
flexibility to operators in the design and operation of systems. We
believe that the rule modifications we adopt in the Reconsideration
Order will facilitate the most efficient use of the affected spectrum,
enhance the competitiveness of the wireless cable industry, and provide
benefits to the educational community through the use of two-way
services, while still permitting traditional use of the spectrum, thus
giving both MDS and ITFS licensees the flexibility they need to serve
the public interest.
II. Procedural Changes to Rules
A. Application Processing Issues
2. In the Order, we adopted an application processing system that
will substantially shift review of applications for new or modified
response station hubs, boosters or downstream I Channel operations from
Commission staff and leave much of the interference environment to be
worked out by licensees. This system will now be extended to all ITFS
modification applications. This system includes a one-day rolling
filing window system. Each applicant will be required to
[[Page 63728]]
demonstrate protection of existing or previously proposed facilities,
but applications filed on the same day will be granted and the filers
left to resolve incompatibilities among themselves with little or no
intervention by Commission staff. Because parties will be unable to
offer reliable service without resolving such conflicts, we believe
that the incentive to reach a resolution will be so great that
Commission involvement will be unnecessary to resolve disputes.
3. Applications will be placed on public notice without prior staff
review of interference studies. The applicant must certify that it has
completed, served upon potentially affected parties, and submitted to
the Commission's copy contractor all required interference studies (or
consent letters) and engineering showings demonstrating no
interference. Before placing an application on public notice,
Commission staff will review it to ensure that all required
certifications are included, and any application that does not contain
proper certifications will be dismissed. The application will be
granted in reliance on the certifications on the 61st day after public
notice, unless a petition to deny is filed or the application is
subject to a random audit. A false certification will result in denial
of the application and be grounds for license revocation. Though
consistent with similar certification procedures that have been adopted
for other communications services, this approach is particularly
appropriate for MDS and ITFS, because of the interdependent and
cooperative nature of the services. Any system causing non-consensual
interference must cure it immediately or face shut-down, even if the
relevant station applications had been unopposed.
4. Because a large number of potentially conflicting applications
are likely to be filed as soon as the new rules become effective, we
have adopted a special one-week initial filing window, which will be
announced by public notice. All applications filed during that window
will be deemed filed as of the same day. Following the public notice
announcing the filing of the applications submitted during that window,
applicants will have a period of 60 days, during which no additional
applications may be filed, to amend their applications and resolve
conflicts. This 60-day period is the only time at which amendments may
be made to any engineering portion of the application. Such amendments
are not permitted once the rolling one-day filing window is in place.
At the end of the 60-day period, the applications, as amended where
applicable, will again be placed on public notice and be at that time
subject to the same petition to deny, audit and grant procedures as
during the one-day rolling filing window. We believe that our adoption
of the one-week initial filing window will lessen the burden on all
affected parties, including the Commission's staff, during the first
round of application filing. We also believe that providing parties
with an initial 60-day period during which they can resolve any
apparent conflicts and then amend their applications without prejudice
will serve to expedite service to the public by allowing parties to
resolve their differences without the need to seek Commission review
through the petition to deny process.
5. When parties seek to create two-way systems that make the most
efficient use of spectrum and that respond most effectively to public
needs, it often will be necessary to make major modifications to
existing ITFS facilities. Under the old system, these major
modifications could only be sought in the context of a filing window.
Waiting for such a filing window could seriously impede the creation of
two-way systems and delay service to the public. We believe that by
expanding the streamlined application processing system to cover all
ITFS modification applications, including those which formerly required
a window for filing, will greatly facilitate the creation of effective
two-way systems to the benefit of MDS and ITFS licensees as well as to
consumers.
B. Interference Complaints
6. In the Two-Way Order, we stated that a ``documented complaint''
was required in the event of non-consensual interference in order to
compel mandatory shut-down of an allegedly interfering station. At the
urging of Petitioners and other parties, in the Reconsideration Order,
we set out the requirements for such a complaint.
7. Because the two-way paradigm is premised on cooperation between
the parties, the documented complaint must contain a certification that
the complainant has contacted the operator of the allegedly offending
facility and attempted to resolve the situation before filing. The
complaint must also specify: the nature of the interference, whether
the interference is constant or intermittent, when the interference
began and the site(s) most likely to be causing the interference. Where
possible evidence demonstrating the effects of the interference should
be included. Finally, the complaint must contain a motion for a
temporary order that the interfering station cease transmitting. The
complained against party shall have two business days from the date of
filing to respond and the burden of proof lies on the complained
against party. If we find in favor of the complainant, we shall order
immediate shut-down of the facility and the operator of that facility
must submit proof that the interference has been cured before it will
be allowed to recommence operations.
C. Interference
8. Registration of ITFS Receive Sites. The Catholic Television
Network (``CTN'') asked to us clarify that we will continue to register
ITFS receive sites. However, because we granted each ITFS licensee a
35-mile protected service area (``psa'') and granted individual
protection to all receive sites registered through the date of adoption
of the Two-Way Order, we instead make clear that we will not any longer
register ITFS receive sites. BellSouth requested that we hold that
point-to-point ITFS receive sites would not be entitled to a psa. We
reject that request because it would place an unacceptable burden on
ITFS licensees who wish to convert from point-to-point to point-to-
multipoint transmission in the future.
9. Advance Notification and Professional Installation. In the Two-
Way Order, we created a notification zone with a radius of 1960 feet
around each ITFS receive site and required that the associated hub
station licensee notify the appropriate ITFS licensee by certified mail
at least 20 days prior to activation of any response station. We also
required that response station transmitters be professionally installed
to help prevent interference and to minimize the risk of human exposure
to potentially hazardous radio-frequency (``RF'') emissions. In the
Reconsideration Order, we modify these requirements in certain
circumstances.
10. We amend our rules to eliminate the notification and
professional installation requirements for digital response stations in
two-way cellularized systems utilizing no more than 18 dBW EIRP,
contingent upon the operator of the associated hub station providing
and installing replacement downconverters at registered ITFS receive
sites with the outer edge to response station service area add beyond
to a distance of 1960 feet. We also completely eliminate the profession
installation and notification requirements for any response station
operating with EIRP no greater than -6 dBW. In both cases, the problems
these rules were meant to address, downconverter overload and unsafe
exposure to RF emissions, are unlikely
[[Page 63729]]
to be caused as a result of the use of improved equipment in the first
case and the very low power levels involved in the second case. Both of
these changes should facilitate the installation of a very large number
of response stations without the need for advance notification or
professional installation, thereby cutting costs and making the service
more affordable for users. We also waive our rules to permit the use of
omnidirectional antennae at any response station with an EIRP no
greater than -6 dBW. We also amended our rules to permit an ITFS
licensee to waive the professional installation and advance
notification requirements in regard to its own facilities.
11. Timing and Method of Advance Notification. Except for those
stations which are subject to one of the exceptions we adopted, we
retain our advance notification requirement, but reduce the timing of
the notification to one business day in advance of such activation. The
main purpose of the advance notification requirement is to jump-start
the interference identification process and we are persuaded that one
business day is sufficient for that purpose. At the same time, this
time period allies the concerns expressed by some parties of the anti-
competitive effects of a longer period. We also will permit the
notification to be performed by fax or e-mail if the ITFS licensee has
elected to receive it by either of these methods.
D. Technical Standards
12. Spectral Mask. We clarify that for emissions such as QPSK and
4-QAM, the ``flat top'' portion of the signal is the only point within
the channel at which a correct comparison of the relative levels of in-
band and out-of-band power can be taken. We also emphasize that such
emissions are constrained in terms of maximum permissible EIRP by the
degree to which they are non-uniform.
13. Frequency Tolerance. We amend the frequency tolerance
requirement to 0.001% for non-VSB digital emissions, because this will
not increase the potential for interference from these stations and
will reduce the cost of manufacturing the oscillators used in these
transmitters very significantly.
14. Other Technical Considerations. We agree with CTN that the
terms ``free space'' and ``unobstructed path'' in the rule pertaining
to interference calculations are used inconsistently and replace them
with the term ``terrain sensitive methodology.'' We also clarify that
only the Epstein-Peterson signal propagation model may be used for
interference calculations performed in accordance with Appendix D of
both the Two-Way Order and the Reconsideration Order.
15. Use of 125 kHz Channels. Consistent with our decision to
broaden the field of ITFS and MDS applications subject to streamlined
processing, we permit applications for traditional return-path use of I
channels to filed under that system. We reject CTN's proposal to make
all downstream operations on the I Channel secondary, this would
undermine our goals of flexibility and efficiency in the spectrum.
E. Issues Primarily Involving ITFS
16. Channel Swapping and Shifting. In the Two-Way Order, we
authorized the use of channel swapping and shifting in systems where
some party was using digital transmissions to provide maximum system
flexibility and to give ITFS licensees flexibility in fulfilling their
educational requirements. We now expand this authorization to permit
channel swapping and shifting regardless of whether digital
transmissions are employed. This will further maximize the flexibility
of the service and benefit the public.
17. Grandfathering of Excess Capacity Lease Provisions. We
clarified that a lease containing a provision that automatically
extended a 10-year initial term (formerly the maximum allowable term)
to the maximum allowed by the Commission, did not loose its
grandfathered status. However, we also clarified that a provision that
simply automatically renewed the lease did not protect the leases
grandfathered status. The first clarification will prevent any need for
a mass renegotiation of leases, while the second will prevent leases
from being grandfathered into perpetuity.
F. Booster Stations
18. We amend our rules to make clear that a high-power booster may
be utilized for digital and/or analog modulation, and that two-way
operations are not a prerequisite for licensing a high-power booster.
We also will permit ITFS excess-capacity lessees to apply for booster
stations on ITFS frequencies if (1) the have the written consent of the
main station licensee and (2) the lease contains a provision that
requires the lessee to offer to assign the booster licenses to the main
station licensee for purely nominal consideration upon lease
termination.
G. Digital Declaratory Ruling
19. Limited Exception to the Protected Service Area Definition for
Modifications. Under our Rules, a modifying applicant may secure a
waiver of the 35 mile psa definition and maintain ``grandfathered''
interference subject to six conditions: (1) the modification is filed
after the effective date of the expanded psa; (2) the station being
modified was authorized or proposed prior to that date; (3) the desired
station was authorized on or before the effective date; (4) the
predicted interference does not occur within the 710 square mile psa of
the desired station; (5) the modification does not increase the size of
the area suffering harmful interference; and (6) the modification does
not result in any new interference to the desired station's psa. This
exception may be expanded for any modification not resulting in new
interference tot he desired station's psa nor increasing the size of
the area suffering harmful interference to effectively nullify the
fourth condition of the exception and allow preexisting interference
even with the former 70 square mile psa which pertained prior to
September 15, 1995. We also expand the exception to cover any
modification application where either the modifying or desired station
was proposed after the effective date of the expanded psa.
20. Rights of Licensees Where Digital Operation Affects Use of
Frequency Offset. We will continue to evaluate involuntary frequency
offset proposals on a case-by-case basis. We also decline to mandate,
at this time, a particular frequency offset or tolerance for the pilot
carrier stations utilizing VSB digital modulation.
H. Procedural Matters
Ordering Clauses
21. Accordingly, It is ordered that the above-referenced petitions
for reconsideration and/or clarification of the Order are granted in
part and denied in part, as described above.
22. It is further ordered that the above-referenced petitions for
clarification of the Digital Declaratory Ruling are granted in part and
denied in part, and that the Declaratory Ruling on the Use of Digital
Modulation by Multipoint Distribution Service and Instructional
Television Fixed Service Stations is modified and clarified to the
extent specified above. These modifications and clarifications shall be
effective upon the release of this order.\1\
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\1\ See 47 CFR 1.4(b)(2) and 1.103.
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23. It is further ordered that the application for review of the
October 17 Public Notice, filed November 18, 1996 by CAI Wireless
Systems, Inc., is dismissed as moot.
24. It is further ordered that, pursuant to the authority contained
in Sections
[[Page 63730]]
4(i) and (j), 301, 303(f), 303(g), 303(h), 303(j), 303(r), 308(b), 403,
and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 301, 303(f), 303(g), 303(h), 303(j), 303(r), 308(b),
403, and 405, this Report and Order on Reconsideration is adopted, the
Order is modified and clarified to the extent specified above, and
Parts 21, 74 and 101 of the Commission's Rules, 47 CFR 21, 74 and 101
are amended as set forth in the Rule Changes.
25. The action contained herein has been analyzed with respect to
the Paperwork Reduction Act of 1995 and found to impose new or modified
reporting and recordkeeping requirements or burdens on the public.
Implementation of these new or modified reporting and recordkeeping
requirements will be subject to approval by the Office of Management
and Budget (OMB) as prescribed by the Act. The new or modified
paperwork requirements contained in this Report and Order on
Reconsideration (which are subject to approval by OMB) will go into
effect upon OMB approval. However, it is further ordered that the rule
amendments set forth in Appendix C not pertaining to new or modified
reporting or recordkeeping requirements will become effective January
21, 2000.
26. As required by Section 604 of the Regulatory Flexibility Act, 5
U.S.C. 604, the Commission has prepared a Supplemental Final Regulatory
Flexibility Analysis of the possible impact on small entities of the
rules and policies adopted in this document. See Appendix B. It is
further ordered that the Commission's Office of Public Affairs,
Reference Operations Division, shall send a copy of this Report and
Order on Reconsideration, including the Supplemental Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 21
Communications common carriers, Communications equipment, Reporting
and recordkeeping requirements, Television.
47 CFR Part 74
Communications equipment, Education, Reporting and recordkeeping
requirements, Television.
47 CFR Part 101
Fixed Microwave Services.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 21, 74 and 101 as
follows:
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.2 is amended by adding the definition of ``Documented
complaint'' and by revising the first sentence of the definition of
``Response station hub'' to read as follows:
Sec. 21.2 Definitions
* * * * *
Documented complaint. A complaint that a party is suffering from
non-consensual interference. A documented complaint must contain a
certification that the complainant has contacted the operator of the
allegedly offending facility and tried to resolve the situation prior
to filing. The complaint must then specify the nature of the
interference, whether the interference is constant or intermittent,
when the interference began and the site(s) most likely to be causing
the interference. The complaint should be accompanied by a videotape or
other evidence showing the effects of the interference. The complaint
must contain a motion for a temporary order to have the interfering
station cease transmitting. The complaint must be filed with the
Secretary's office and served on the allegedly offending party.
* * * * *
Response station hub. A fixed facility licensed to an MDS licensee,
and operated by an MDS licensee or the lessee of an MDS facility, for
the reception of information transmitted by one or more MDS response
stations that utilize digital modulation. * * *
* * * * *
Sec. 21.11 [Amended]
3. Section 21.11(d) is amended by removing the number ``702'' and
adding, in its place, the number ``305,'' and in paragraph (e) by
removing the number ``704'' and adding, in its place, the number
``306.''
4. Section 21.23 is amended by revising paragraph (c)(1)(vi) and by
adding paragraph (c)(2) to read as follows:
Sec. 21.23 Amendment of applications.
* * * * *
(c) * * *
(1) * * *
(vi) Any technical change which would increase the effective
radiated power in any horizontal or vertical direction by more than one
and one-half (1.5) dB; or
* * * * *
(2) Except during the sixty (60) day amendment period provided for
in Sec. 21.27(d) of this part, any amendment to an application for a
new or modified response station hub, booster station or point-to-
multipoint I channel(s) station or to an application for a modified
main station that reflects any change in the technical specifications
of the proposed facility, includes any new or modified analysis of
potential interference to another facility or submits any interference
consent from a neighboring licensee. Such an amendment shall result in
the application being assigned a new file number and being treated as
newly filed.
* * * * *
5. Section 21.31 is amended by revising paragraph (a) and removing
paragraph (e)(6)(iv) to read as follows:
Sec. 21.31 Mutually exclusive applications.
(a) Except with respect to applications for new or modified
response stations hubs, booster stations, and point-to-multipoint I
channel stations, and to applications for modified main stations, filed
on the same day or during the same window, the Commission will consider
applications to be mutually exclusive if their conflicts are such that
grant of one application would effectively preclude by reason of
harmful electrical interference, or other practical reason, the grant
of one or more of the other applications.
* * * * *
6. Section 21.101 is amended by revising footnote 2 to paragraph
(a) to read as follows:
Sec. 21.101 Frequency tolerance.
* * * * *
2 Beginning January 21, 2000, the equipment
authorized to be used at all MDS main stations, and at all MDS
booster stations authorized pursuant to Sec. 21.913(b) of this part,
shall maintain a frequency tolerance of 0.001%. MDS booster stations
authorized pursuant to Sec. 21.913(e) of this part and MDS response
stations authorized pursuant to Sec. 21.909 of this part shall
employ transmitters with sufficient frequency
[[Page 63731]]
stability to ensure that the emission is, at all times, within the
required emission mask.
7. Section 21.201 is revised to read as follows:
Sec. 21.201 Posting of station license.
(a) The instrument of authorization, a clearly legible photocopy
thereof, or the name, address and telephone number of the custodian of
the instrument of authorization shall be available at each station,
booster station authorized pursuant to Sec. 21.913(b) and MDS response
station hub. Each operator of an MDS booster station shall post at the
booster station the name, address and telephone number of the custodian
of the notification filed pursuant to Sec. 21.913(e) if such
notification is not maintained at the booster station.
(b) If an MDS station, an MDS booster station or an MDS response
station hub is operated unattended, the call sign and name of the
licensee shall be displayed such that it may be read within the
vicinity of the transmitter enclosure or antenna structure.
8. Section 21.900 is amended by redesignating paragraphs (a), (b),
and (c) as paragraphs (a)(1), (a)(2), and (a)(3) respectively, by
designating the introductory text as paragraph (a) introductory text,
and by designating the concluding text as paragraph (b) and revising it
to read as follows:
Sec. 21.900 Eligibility.
* * * * *
(b) The applicant shall state whether service will be provided
initially on a common carrier basis or on a non-common carrier basis.
An applicant proposing to provide initially common carrier service
shall state whether there is any affiliation or relationship to any
intended or likely subscriber or program originator.
9. Section 21.901 is amended by revising paragraph (d) to read as
follows:
Sec. 21.901 Frequencies.
* * * * *
(d) An MDS licensee or conditional licensee may apply to exchange
evenly one or more of its assigned channels with another MDS licensee
or conditional licensee in the same system, or with an ITFS licensee or
conditional licensee in the same system. The licensees or conditional
licensees seeking to exchange channels shall file in tandem with the
Commission separate pro forma assignment of license applications, each
attaching an exhibit which clearly specifies that the application is
filed pursuant to a channel exchange agreement. The exchanged
channel(s) shall be regulated according to the requirements applicable
to the assignee.
* * * * *
10. Section 21.902 is amended by revising paragraphs (b)(3),
(b)(4), (b)(7), (f)(1), (f)(2)(i), (f)(2)(ii), (i)(1), (i)(2), (i)(4)
introductory text, (i)(4)(iii) through (i)(4)(v), (i)(6)(i)
introductory text, (i)(6)(iii)(E), (i)(6)(iii)(F) and (i)(6)(iv) to
read as follows:
Sec. 21.902 Interference.
* * * * *
(b) * * *
(3) Engineer the system to provide at least 45 dB of cochannel
interference protection within the 56.33 km (35 mile) protected service
area of any authorized or previously-proposed ITFS or incumbent MDS
station, and at each previously-registered ITFS receive site registered
as of September 17, 1998 (or the appropriate value for bandwidths other
than 6 MHz.)
(4) Engineer the station to provide at least 0 dB of adjacent
channel interference protection within the 56.33 km (35 mile) protected
service area of any authorized or previously-proposed ITFS or incumbent
MDS station, and at each previously-registered ITFS receive site
registered as of September 17, 1998 (or the appropriate value for
bandwidths other than 6 MHz.)
* * * * *
(7) Notwithstanding the above, main, booster and response stations
shall use the following formulas, as applicable, for determining
compliance with: (1) Radiated field contour limits where bandwidths
other than 6 MHz are employed at stations utilizing digital emissions;
and (2) Cochannel and adjacent channel D/U ratios where the bandwidths
in use at the interfering and protected stations are unequal and both
stations are utilizing digital modulation or one station is utilizing
digital modulation and the other station is utilizing either 6 MHz NTSC
analog modulation or 125 kHz analog modulation (I channels only).
(i) Contour limit: -73 dBW/m\2\ + 10 log(X/6) dBW/m\2\, where X is
the bandwidth in MHz of the digital channel.
(ii) Co-channel D/U: 45 dB + 10 log(X1/X2)
dB, where X1 is the bandwidth in MHz of the protected
channel and X2 is the bandwidth in MHz of the interfering
channel.
(iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), dB where X1 is the bandwidth in MHz of the
protected channel and X2 is the bandwidth in MHz of the
interfering channel.
* * * * *
(f) * * *
(1) Cochannel interference is defined as the ratio of the desired
signal to the undesired signal present in the desired channel, at the
output of a reference receiving antenna oriented to receive the maximum
desired signal. Harmful interference will be considered present when a
calculation using a terrain sensitive signal propagation model
determines that this ratio is less than 45 dB (or the appropriate value
for bandwidths other than 6 MHz.)
(2) * * *
(i) Harmful interference will be considered present when a
calculation using a terrain sensitive model determines that this ratio
is less than 0dB (or the appropriate value for bandwidths other than 6
MHz.)
(ii) In the alternative, harmful interference will be considered
present for an ITFS station constructed before May 26, 1983, when a
calculation using a terrain-sensitive propagation model determines that
this ratio is less than 10 dB (or the appropriate value for bandwidths
other than 6 MHz.) unless:
* * * * *
(i)(1) For each application for a new station, or amendment
thereto, proposing MDS facilities, filed on October 1, 1995, or
thereafter, on or before the day the application or amendment is filed,
the applicant must prepare, but is not required to submit with its
application or amendment, an analysis demonstrating that operation of
the MDS applicant's transmitter will not cause harmful electrical
interference to each receive site registered as of September 17, 1998,
nor within a protected service area as defined at paragraph (d)(1) of
this section, of any cochannel or adjacent channel ITFS station
licensed, with a conditional license, or proposed in a pending
application on the day such MDS application is filed, with an ITFS
transmitter site within 50 miles of the coordinates of the MDS
station's proposed transmitter site.
(2) For each application described in paragraph (i)(1) of this
section, the applicant must serve, by certified mail, return receipt
requested, on or before the day the application or amendment described
in paragraph (i)(1) of this section is filed initially with the
Commission, a copy of the complete MDS application or amendment,
including each exhibit and interference study, described in paragraph
(i)(1) of this section, on each ITFS licensee, conditional licensee, or
applicant described in paragraph (i)(1) of this section.
* * * * *
[[Page 63732]]
(4) For each application described in paragraph (i)(1) of this
section, the applicant must file with the Commission in Washington, DC,
on or before the 30th day after the application or amendment described
in paragraph (i)(1) of this section is filed initially with the
Commission, a written notice which contains the following:
* * * * *
(iii) A list of each ITFS licensee and conditional licensee
described in paragraph (i)(1) of this section;
(iv) The address used for service to each ITFS licensee and
conditional licensee described in paragraph (i)(1) of this section; and
(v) A list of the date each ITFS licensee and conditional licensee
described in paragraph (i)(1) of this section received a copy of the
complete application or amendment described in paragraph (i)(1) of this
section; or a notation of lack of receipt by the ITFS licensee or
conditional licensee of a copy of the complete application or
amendment, on or before such 30th day, together with a description of
the applicant's efforts for receipt by each such licensee or
conditional licensee lacking receipt of the application.
* * * * *
(6) (i) Notwithstanding the provisions of Sections 1.824(c) and
21.30(a)(4), for each application described in paragraph (i)(1) of this
section, each ITFS licensee and each ITFS conditional licensee
described in paragraph (i)(1) of this section may file with the
Commission, on or before the 30th day after the public notice described
in paragraph (i)(5) of this section, a petition to deny the MDS
application.
* * * * *
(iii) * * *
(E) Include a demonstration, in those cases in which the MDS
applicant's analysis is dependent upon modification(s) to the ITFS
facility, that the harmful interference cannot be avoided by the
proposed substitution of new or modified equipment to be supplied and
installed by the MDS applicant, at no expense to the ITFS licensee or
conditional licensee; and
(F) Be limited to raising objections concerning the potential for
harmful interference to its ITFS station, or concerning a failure by
the MDS applicant to serve the ITFS licensee or conditional licensee
with a copy of the complete application or amendment described in
paragraph (i)(1) of this section.
(iv) The Commission will presume an ITFS licensee or conditional
licensee described in paragraph (i)(1) of this section has no objection
to operation of the MDS station, if the ITFS licensee or conditional
licensee fails to file a petition to deny by the deadline prescribed in
paragraph (i)(6)(i) of this section.
* * * * *
Sec. 21.903 [Amended]
11. Section 21.903 is amended by revising paragraph (d) to read as
follows:
* * * * *
(d) An MDS licensee also may alternate, without further
authorization required, between rendering service on a common carrier
and non-common carrier basis, provided that the licensee notifies the
Commission of any service status changes at least 30 days in advance of
such changes. The notification shall state whether there is any
affiliation or relationship to any intended or likely subscriber or
program originator.
12. Section 21.904 is revised to read as follows:
Sec. 21.904 EIRP limitations.
(a) The maximum EIRP of a main or booster station shall not exceed
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than
6 MHz, except as provided in paragraph (b) of this section.
(b)(i) If a main or booster station sectorizes or otherwise uses
one or more transmitting antennas with a non-omnidirectional horizontal
plane radiation pattern, the maximum EIRP in a given direction shall be
determined by the following formula:
EIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is
the channel width in MHz and 10 log(360/beamwidth) 6 dB.
(ii) Beamwidth is the total horizontal plane beamwidth of the
individual transmitting antenna for the station or any sector measured
at the half-power points.
(c) An increase in station EIRP, above currently-authorized or
previously-proposed values, to the maximum values provided in
paragraphs (a) and (b) of this section may be authorized, if the
requested increase would not cause harmful interference to any
authorized or previously-proposed, cochannel or adjacent channel
station entitled to interference protection under the Commission's
rules, or if an applicant demonstrates that:
(1) A station that must be protected from interference could
compensate for interference by increasing its EIRP; and
(2) The interfered-with station may increase its own EIRP
consistent with the rules and without causing harmful interference to
any cochannel or adjacent channel main or booster station protected
service area, response station hub or BTA/PSA, for which consent for
the increased interference has not been obtained; and
(3) The applicant requesting authorization of an EIRP increase
agrees to pay all expenses associated with the increase in EIRP by the
interfered-with station.
(d) For television transmission if the authorized bandwidth is 4.0
MHz or more for the visual and accompanying aural signal, the peak
power of the accompanying aural signal must not exceed 10 percent of
the peak visual power of the transmitter. The Commission may order a
reduction in aural signal power to diminish the potential for harmful
interference.
(e) For main, booster and response stations utilizing digital
emissions with non-uniform power spectral density (e.g. unfiltered
QPSK), the power measured within any 100 kHz resolution bandwidth
within the 6 MHz channel occupied by the non-uniform emission cannot
exceed the power permitted within any 100 kHz resolution bandwidth
within the 6 MHz channel if it were occupied by an emission with
uniform power spectral density, i.e., if the maximum permissible power
of a station utilizing a perfectly uniform power spectral density
across a 6 MHz channel were 2000 watts EIRP, this would result in a
maximum permissible power flux density for the station of 2000/60 =
33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were
substituted at the station, station power would still be limited to a
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz
channel, irrespective of the fact that this would result in a total 6
MHz channel power of less than 2000 watts EIRP.
13. Section 21.905 is amended by revising paragraphs (b) and (d)
introductory text to read as follows:
Sec. 21.905 Emissions and bandwidth.
* * * * *
(b) Quadrature amplitude modulation (QAM), digital vestigial
sideband modulation (VSB), quadrature phase shift key modulation
(QPSK), code division multiple access (CDMA), and orthogonal frequency
division multiplex (OFDM) emissions may be employed, subject to
compliance with the policies set forth in the Declaratory Ruling and
Order, 11 FCC Rcd 18839 (1996). Use of OFDM also is subject to the
subsequent Declaratory Ruling and Order, DA 99-554 (Mass Med. Bur. rel.
Mar. 19, 1999). Other digital emissions may be added to
[[Page 63733]]
those authorized above, including emissions with non-uniform power
spectral density, if the applicant provides information in accordance
with the guidelines and procedures set forth in the Declaratory Ruling
and Order which clearly demonstrates the spectral occupancy and
interference characteristics of the emission. The licensee may
subchannelize its authorized bandwidth, provided that digital
modulation is employed and the aggregate power does not exceed the
authorized power for the channel, and may utilize all or a portion of
its authorized bandwidth for MDS response stations authorized pursuant
to Sec. 21.909 of this part. The licensee may also, jointly with
affected adjacent channel licensees, transmit utilizing bandwidth in
excess of its authorized frequencies, provided that digital modulation
is employed, all power spectral density requirements set forth in this
part are met and the out-of-band emissions restrictions set forth in
Sec. 21.908 of this part are met at and beyond the edges of the
channels employed. The wider channels thus created may be redivided to
create narrower channels.
* * * * *
(d) Notwithstanding the above, any digital emission which complies
with the out-of-band emission restrictions of Sec. 21.908 of this part
may be used in the following circumstances:
* * * * *
14. Section 21.906 is amended by revising paragraph (a) and by
removing the third sentence from paragraph (d) to read as follows:
Sec. 21.906 Antennas.
(a) Main and booster station transmitting antennas shall be
omnidirectional, except that a directional antenna with a main beam
sufficiently broad to provide adequate service may be used either to
avoid possible interference with other users in the frequency band, or
to provide coverage more consistent with distribution of potential
receiving points. In lieu of an omnidirectional antenna, a station may
employ an array of directional antennas in order to reuse spectrum
efficiently. When an applicant proposes to employ a directional
antenna, or a licensee notifies the Commission pursuant to Sec. 21.42
of the installation of a sectorized antenna system, the applicant shall
provide the Commission with information regarding the orientation of
the directional antenna(s), expressed in degree of azimuth, with
respect to true north, and the make and model of such antenna(s).
* * * * *
15. Section 21.909 is amended by revising the last sentence of
paragraph (a), paragraphs (b), (c) and (d), (g)(3), (g)(6)(i),
(g)(6)(ii), (g)(8), (h), (k), (m), (n), and the first sentence of
pargagraph (o) to read as follows:
Sec. 21.909 MDS response stations.
(a) * * * When a 125 kHz channel is employed, the specific channel
which may be used by the response station is determined in accordance
with Secs. 21.901 and 74.939(j) of this chapter.
(b) MDS response stations that utilize the 2150-2162 MHz band, the
2500-2686 MHz band, and/or the 125 kHz channels may be installed and
operated without an individual license, to communicate with a response
station hub, provided that the conditions set forth in paragraph (g) of
this section are met and that the MDS response stations' technical
parameters are consistent with all applicable rules in this part and
with the terms and conditions set out in the Commission's Declaratory
Ruling and Order, 11 FCC Rcd 18839 (1996).
(c) An applicant for a response station hub license, or for
modification thereto where not subject to Sec. 21.41 or Sec. 21.42,
shall:
(1) File FCC Form 331 with Mellon Bank, and certify on that form
that it has complied with the requirements of paragraphs (c)(2) and (d)
of this section and that the interference data submitted under
paragraph (d) of this section is complete and accurate. Failure to
certify compliance and to comply completely with the requirements of
paragraphs (c)(2) and (d) of this section shall result in dismissal of
the application or revocation of the response station hub license, and
may result in imposition of a monetary forfeiture; and
(2) Submit the following to the Commission's copy contractor, both
in hard copy and on sequential 3.5'' DSHD computer diskettes in ASCII
for all Appendix D data and in a format to be specified by public
notice for all other submissions:
(i) Duplicates of the Form 331 filed with Mellon Bank; and
(ii) The data required by Appendix D to the Report and Order on
Reconsideration in MM Docket No. 97-217, FCC 99-178, ``Methods for
Predicting Interference from Response Station Transmitters and to
Response Station Hubs and for Supplying Data on Response Station
Systems'' as amended; and
(iii) The information, showings and certifications required by
paragraph (d) of this section; and
(3) Submit to the Commission, only upon Commission staff request,
duplicates of the submissions required by paragraph (c)(2) of this
section.
(d) An applicant for a response station hub license shall, pursuant
to paragraph (c)(2)(iii) of this section, submit to the Commission's
copy contractor, in a format to be specified by the Commission at a
later date, the following:
(1) The channel plan (including any guardbands at the edges of the
channel) to be used by MDS response stations in communicating with each
response station hub, including a statement as to whether the applicant
will employ the same frequencies on which response stations will
transmit to also transmit on a point-to-multipoint basis from an MDS
station or MDS booster station; and
(2) A demonstration that:
(i) The proposed response station hub is within a protected service
area, as defined in Sec. 21.902(d) or Sec. 21.933, to which the
applicant is entitled either:
(A) by virtue of its being the licensee of an incumbent MDS station
whose channels are being converted for MDS response station use; or
(B) by virtue of its holding a Basic Trading Area or Partitioned
Service Area authorization. In the case of an application for response
stations to utilize one or more of the 125 kHz response channels, such
demonstration shall establish that the response station hub is within
the protected service area of the station authorized to utilize the
associated E-Group or F-Group channel(s); and
(ii) The entire proposed response service area is within a
protected service area to which the applicant is entitled either (A) by
virtue of its being the licensee of an incumbent MDS station whose
channels are being converted for MDS response station use; or (B) by
virtue of its holding a Basic Trading Area or Partitioned Service Area
authorization. In the alternative, the applicant may demonstrate that
the licensee entitled to any cochannel protected service area which is
overlapped by the proposed response service area has consented to such
overlap. In the case of an application for response stations to utilize
one or more of the 125 kHz response channels, such demonstration shall
establish that the response service area is entirely within the
protected service area of the station authorized to utilize the
associated E-Group or F-Group channel(s), or, in the alternative, that
the licensee entitled to any cochannel protected service area which is
overlapped by the proposed response service area has consented to such
overlap; and
(iii) The combined signals of all simultaneously operating MDS
response
[[Page 63734]]
stations within all response service areas and oriented to transmit
towards their respective response station hubs, and all cochannel MDS
stations and booster stations licensed to or applied for by the
applicant will not generate a power flux density in excess of -73 dBW/
m2 (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) outside
the boundaries of the applicant's protected service area, as measured
at locations for which there is an unobstructed signal path, except to
the extent that consent of affected licensees has been obtained or
consents have been granted pursuant to paragraph (d)(3)(ii) of this
section to an extension of the response service area beyond the
boundaries of the protected service area; and
(iv) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 45 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(ii)):
(A) within the protected service area of any authorized or
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35
mile) protected service area with center coordinates located within
160.94 km (100 miles) of the proposed response station hub; and
(B) within the booster service area of any cochannel booster
station entitled to such protection pursuant to Secs. 21.913(f) or
74.985(f) of this chapter and located within 160.94 km (100 miles) of
the proposed response station hub; and
(C) at any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within
160.94 km (100 miles) of the proposed response station hub, or, in the
alternative, that the licensee of or applicant for such cochannel
station or hub consents to the application; and
(v) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 0 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(iii)):
(A) within the protected service area of any authorized or
previously-proposed adjacent channel MDS or ITFS station with a 56.33
km (35 mile) protected service area with center coordinates located
within 160.94 km (100 miles) of the proposed response station hub; and
(B) within the booster service area of any adjacent channel booster
station entitled to such protection pursuant to Secs. 21.913(f) or
74.985(f) of this chapter and located within 160.94 km (100 miles) of
the proposed response station hub; and
(C) at any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located
within 160.94 km (100 miles) of the proposed response station hub, or,
in the alternative, that the licensee of or applicant for such adjacent
channel station or hub consents to the application; and
(vi) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hub and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant will comply with the requirements of paragraph (i) of
this section and Sec. 74.939(i) of this chapter.
(3) A certification that the application has been served upon
(i) the holder of any cochannel or adjacent channel authorization
with a protected service area which is overlapped by the proposed
response service area;
(ii) the holder of any cochannel or adjacent channel authorization
with a protected service area that adjoins the applicant's protected
service area;
(iii) the holder of a cochannel or adjacent channel authorization
for any BTA or PSA inside whose boundaries are locations for which
there is an unobstructed signal path for combined signals from within
the response station hub applicant's protected service area; and
(iv) every licensee of, or applicant for, any cochannel or adjacent
channel, authorized or previously-proposed, incumbent MDS station with
a 56.33 km (35 mile) protected service area with center coordinates
located within 160.94 km (100 miles) of the proposed response station
hub;
(v) every licensee of, or applicant for, any cochannel or adjacent
channel, authorized or previously-proposed ITFS station (including any
booster station or response station hub) located within 160.94 km (100
miles) of the proposed response station hub; and
(vi) every licensee of any non-cochannel or non-adjacent channel
ITFS station (including any booster station) with one or more
registered receive sites in, or within 1960 feet of the proposed
response station service area.
(g) * * *
* * * * *
(3) No response station shall operate with an EIRP in excess of
that specified in the application for the response station hub pursuant
to paragraph (d)(2)(i)(B) of this section for the particular regional
class of characteristics with which the response station is associated,
and such response station shall not operate at an excess of 33 dBW + 10
log(X/6) dBW, where X is the channel width in MHz; and
* * * * *
(6) * * *
(i) First notifies the Commission, in a format to be specified by
public notice, of the altered number of response stations of such
class(es) to be operated simultaneously in such region, and certifies
in that notification that it has complied with the requirements of
paragraphs (g)(6)(ii) and (iii) of this section, and that the
interference data submitted under paragraph (g)(6)(ii) is complete and
accurate; and
(ii) Provides the Commission's copy contractor with a set of
sequential 3.5'' DSHD diskettes in ASCII format which update the
previously filed response station data (see Sec. 21.909(c)(2)(ii) of
this part) and with an analysis, in a format to be specified by public
notice establishing that such alteration will not result in any
increase in interference to the protected service area or protected
receive sites of any existing or previously-proposed, cochannel or
adjacent channel MDS or ITFS station or booster station, to the
protected service area of any MDS Basic Trading Area or Partitioned
Service Area licensee entitled to protection pursuant to paragraph
(d)(3) of this section, or to any existing or previously-proposed,
cochannel or adjacent channel response station hub, or response station
under Sec. 21.949 of this part or Sec. 74.949 of this chapter; or that
the applicant for or licensee of such facility has consented to such
interference; and
* * * * *
(8) In the event any MDS or ITFS receive site suffers interference
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five
miles of such receive site shall cooperate in good faith to
expeditiously identify the source of
[[Page 63735]]
the interference. Each licensee of a response station hub with an
associated response station contributing to such interference shall
bear the joint and several obligation to promptly remedy all block
downconverter overload interference at any ITFS registered receive site
or at any receive site within an MDS or ITFS protected service area
applied for prior to the submission of the application for the response
station hub license, regardless of whether the receive site suffering
the interference was constructed prior to or after the construction of
the response station(s) causing the downconverter overload; provided,
however, that the licensee of the registered ITFS receive site or the
MDS or ITFS protected service area must cooperate fully and in good
faith with efforts by the response station hub licensee to prevent
interference before constructing response stations and/or to remedy
interference that may occur. In the event that the associated response
station(s) of more than one response station hub licensee contribute(s)
to block downconverter interference at an MDS or ITFS receive site,
such hub licensees shall cooperate in good faith to remedy promptly the
interference.
(h) Applicants must comply with part 17 of this chapter concerning
notification to the Federal Aviation Administration of proposed antenna
construction or alteration for all hub stations and associated response
stations.
* * * * *
(k) A response station may be operated unattended. The overall
performance of the response station transmitter shall be checked by the
hub licensee as often as necessary to ensure that it is functioning in
accordance with the requirements of the Commission's rules. The
licensee of a response station hub is responsible for the proper
operation of all associated response station transmitters. Each
response station hub licensee is responsible for maintaining, and
making available to the Commission upon request, a list containing all
customer names and addresses, plus the technical parameters (EIRP,
emission, bandwidth, antenna pattern/ height/ orientation/
polarization) pertinent to each class of response station within the
response service area.
* * * * *
(m) An MDS response station shall be operated only when engaged in
communications with its associated MDS response station hub or MDS
station or booster station, or for necessary equipment or system tests
and adjustments. Upon initial installation, and upon relocation and
reinstallation, a response station transmitter shall be incapable of
emitting radiation unless, and until, it has been activated by
reception of a signal from the associated MDS station or booster
station. A hub station licensee shall be capable of remotely de-
activating any and all response station transmitters within its RSA by
means of signals from the associated MDS station or booster station.
Radiation of an unmodulated carrier and other unnecessary transmissions
are forbidden.
(n) All response stations utilizing an EIRP greater than 18 dBW
shall be installed by the associated hub licensee or by the licensee's
employees or agents. For the purposes of this section, all EIRP dBW
values assume the use of a 6 MHz channel. For channel bandwidths other
than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz)
or down (channel <6 mhz)="" by="" 10="" log(x/6)="" dbw,="" where="" x="" is="" the="" channel="" width="" in="" mhz.="" for="" response="" stations="" located="" within="" 1960="" feet="" of="" an="" itfs="" receive="" site="" registered="" and="" built="" prior="" to="" the="" filing="" of="" the="" application="" for="" the="" hub="" station="" license,="" the="" hub="" licensee="" must="" notify="" the="" licensee="" of="" the="" itfs="" receive="" site="" at="" least="" one="" business="" day="" prior="" to="" the="" activation="" of="" these="" response="" stations.="" the="" notification="" must="" contain,="" for="" each="" response="" station="" to="" be="" activated,="" the="" following="" information:="" name="" and="" telephone="" number="" of="" a="" contact="" person="" who="" will="" be="" responsible="" for="" coordinating="" the="" resolution="" of="" any="" interference="" problems;="" street="" address;="" geographic="" coordinates="" to="" the="" nearest="" second;="" channels/subchannels="" (transmit="" only);="" and="" transmit="" antenna="" pattern,="" eirp,="" orientation="" and="" height="" amsl.="" (if="" transmit="" antenna="" pattern,="" eirp,="" orientation="" or="" height="" amsl="" are="" not="" known="" with="" specificity="" at="" the="" time="" of="" notification,="" the="" hub="" licensee="" may,="" instead,="" specify="" the="" worst-case="" values="" for="" the="" class="" of="" response="" station="" being="" activated.)="" such="" notice="" to="" the="" itfs="" licensee="" shall="" be="" given="" in="" writing="" by="" certified="" mail="" unless="" the="" itfs="" licensee="" has="" requested="" delivery="" by="" email="" or="" facsimile.="" the="" itfs="" licensee="" may="" waive="" the="" notification="" requirement="" on="" a="" site-specific="" basis="" or="" on="" a="" system-wide="" basis.="" the="" notification="" provisions="" of="" this="" section="" shall="" not="" apply="" if:="" (1)="" the="" response="" station="" will="" operate="" at="" an="" eirp="" no="" greater="" than="" -6="" dbw;="" or="" (2)="" the="" response="" station="" will="" operate="" at="" an="" eirp="" greater="" than="" -6="" dbw="" and="" no="" more="" than="" 18="" dbw="" and:="" (i)="" the="" channels="" being="" received="" at="" the="" itfs="" site="" are="" neither="" the="" same="" as,="" nor="" directly="" adjacent="" to,="" the="" channel(s)="" to="" be="" transmitted="" from="" the="" response="" station;="" and="" (ii)="" the="" hub="" station="" licensee="" has="" replaced,="" at="" its="" expense,="" the="" frequency="" downconverters="" used="" at="" all="" itfs="" receive="" sites="" registered="" and="" constructed="" prior="" to="" the="" filing="" of="" the="" hub="" station="" application="" which="" are="" within="" 1960="" feet="" of="" the="" hub="" station's="" response="" service="" area;="" and="" (iii)="" the="" downconverters,="" at="" a="" minimum,="" conform="" to="" the="" following="" specifications:="" (a)="" a="" frequency="" of="" operation="" covering="" the="" 2150-2162="" mhz="" band="" or="" the="" 2500-2686="" mhz="" band;="" and="" (b)="" a="" third-order="" intercept="" point="" of="" 30="" dbm;="" and="" (c)="" a="" conversion="" gain="" of="" 32="" db,="" or="" the="" same="" conversion="" gain="" as="" the="" existing="" itfs="" downconverter,="" whichever="" is="" least;="" and="" (d)="" a="" noise="" figure="" of="" no="" greater="" than="" 2.5="" db,="" or="" no="" more="" than="" 1="" db="" greater="" than="" the="" noise="" figure="" of="" the="" existing="" itfs="" downconverter,="" whichever="" is="" greater;="" and="" (iv)="" the="" proposal="" to="" upgrade="" the="" itfs="" downconverter="" was="" made="" in="" writing="" and="" served="" upon="" the="" affected="" itfs="" licensee,="" conditional="" licensee="" or="" applicant="" at="" the="" same="" time="" the="" application="" for="" the="" response="" station="" hub="" license="" was="" served="" on="" cochannel="" and="" adjacent="" channel="" itfs="" parties="" and="" no="" objection="" was="" made="" within="" the="" 60-day="" period="" allowed="" for="" petitions="" to="" deny="" the="" hub="" station="" application.="" (o)="" interference="" calculations="" shall="" be="" performed="" in="" accordance="" with="" appendix="" d="" to="" the="" report="" and="" order="" on="" reconsideration="" in="" mm="" docket="" no.="" 97-217,="" fcc="" 99-178,="" ``methods="" for="" predicting="" interference="" from="" response="" station="" transmitters="" and="" to="" response="" station="" hubs="" and="" for="" supplying="" data="" on="" response="" station="" systems''="" as="" amended.="" *="" *="" *="" 16.="" section="" 21.910="" is="" amended="" by="" revising="" the="" section="" heading,="" removing="" the="" introductory="" text,="" revising="" paragraphs="" (a)="" and="" (b),="" and="" removing="" paragraphs="" (c)="" and="" (d)="" to="" read="" as="" follows:="" sec.="" 21.910="" special="" procedures="" for="" discontinuance,="" reduction="" or="" impairment="" of="" service="" by="" common="" carrier="" licensees.="" (a)="" any="" licensee="" who="" has="" elected="" common="" carrier="" status="" and="" who="" seeks="" to="" discontinue="" service="" on="" a="" common="" carrier="" basis="" and="" instead="" provide="" service="" on="" a="" non-common="" carrier="" basis,="" or="" who="" otherwise="" intends="" to="" reduce="" or="" impair="" service="" the="" carrier="" shall="" notify="" all="" affected="" customers="" of="" the="" planned="" discontinuance,="" reduction="" or="" impairment="" on="" or="" before="" the="" date="" that="" the="" licensee="" provides="" notice="" to="" the="" commission="" pursuant="" to="" sec.="" 21.903(d).="" (b)="" notice="" shall="" be="" in="" writing="" to="" each="" affected="" customer="" unless="" the="" commission="" authorizes="" in="" advance,="" for="" [[page="" 63736]]="" good="" cause="" shown,="" another="" form="" of="" notice.="" notice="" shall="" include="" the="" following:="" (1)="" name="" and="" address="" of="" carrier;="" and="" (2)="" date="" of="" planned="" service="" discontinuance,="" reduction="" or="" impairment;="" and="" (3)="" points="" or="" geographic="" areas="" of="" service="" affected;="" and="" (4)="" how="" many="" and="" which="" channels="" are="" affected.="" 17.="" section="" 21.913="" is="" amended="" by="" removing="" paragraph="" (e)(4)="" and="" redesignating="" paragraph="" (e)(5)="" as="" (e)(4),="" and="" revising="" paragraphs="" (a),="" (b),="" (e)="" introductory="" text,="" (e)(1),="" (e)(4)(i),="" (e)(4)(vi),="" and="" (h)="" to="" read="" as="" follows:="" sec.="" 21.913="" signal="" booster="" stations.="" (a)="" an="" mds="" booster="" station="" may="" reuse="" channels="" to="" repeat="" the="" signals="" of="" mds="" stations="" or="" to="" originate="" signals="" on="" mds="" channels.="" the="" aggregate="" power="" flux="" density="" generated="" by="" an="" mds="" station="" and="" all="" associated="" signal="" booster="" stations="" and="" all="" simultaneously="" operating="" cochannel="" response="" stations="" may="" not="" exceed="" -73="">2 (or the
appropriately adjusted value based on the actual bandwidth used if
other than 6 MHz, see Sec. 21.909(b)(7)(i)) at or beyond the boundary
of the protected service area, as defined in Secs. 21.902(d) and
21.933, of the main MDS station whose channels are being reused, as
measured at locations for which there is an unobstructed signal path,
unless the consent of the affected cochannel licensee is obtained.
(b) A licensee or conditional licensee may secure a license for a
high power signal booster station that has a maximum EIRP in excess of
-9 dBW + 10 log(X/6) dBW where X is the channel width in MHz, if it
complies with the out-of-band emission requirements of Sec. 21.908. The
applicant for a high-power station, or for modification thereto, where
not subject to Sec. 21.41 or Sec. 21.42, shall file FCC Form 331 with
Mellon Bank, and certify on that form that the applicant has complied
with the additional requirements of paragraph (b) of this section, and
that the interference data submitted under this paragraph is complete
and accurate. Failure to certify compliance and to comply completely
with the following requirements of paragraph (b) of this section shall
result in dismissal of the application or revocation of the high-power
MDS signal booster station license, and may result in imposition of a
monetary forfeiture. The applicant additionally is required to submit
to the Commission's copy contractor (and to the Commission upon staff
request), both in hard copy, and on sequential 3.5'' DSHD computer
diskettes in a form to be specified by the Commission by public notice,
duplicates of the Form 331 filed with Mellon Bank, and the following
information:
(1) A demonstration that the proposed signal booster station site
is within the protected service area, as defined in Secs. 21.902(d) and
21.933, of the MDS station whose channels are to be reused; and
(2) A study which demonstrates that the aggregate power flux
density of the MDS station and all associated booster stations and
simultaneously operating cochannel response stations licensed to or
applied for by the applicant, measured at or beyond the boundary of the
protected service area of the MDS station whose channels are to be
reused, does not exceed -73 dBW/m2 (or the appropriately
adjusted value based on the actual bandwidth used if other than 6 MHz,
see Sec. 21.907(b)(7)(i)) at locations for which there is an
unobstructed signal path, unless the consent of the affected licensees
has been obtained; and
(3) In lieu of the requirements of Sec. 21.902(c) and (i), a study
which demonstrates that the proposed booster station will cause no
harmful interference (as defined in Sec. 21.902(f)) to cochannel and
adjacent channel, authorized or previously-proposed ITFS and MDS
stations with protected service area center coordinates as specified in
Sec. 21.902(d), to any authorized or previously-proposed response
station hubs, booster stations or I channel stations associated with
such ITFS and MDS stations, or to any ITFS receive sites registered as
of September 17, 1998, within 160.94 kilometers (100 miles) of the
proposed booster station's transmitter site. Such study shall consider
the undesired signal levels generated by the proposed signal booster
station, the main station, all other licensed or previously-proposed
associated booster stations, and all simultaneously operating cochannel
response stations licensed to or applied for by the applicant. In the
alternative, a statement from the affected MDS or ITFS licensee or
conditional licensee stating that it does not object to operation of
the high-power MDS signal booster station may be submitted; and
(4) A description of the booster service area; and
(5) A demonstration either
(i) That the booster service area is entirely within the protected
service area to which the licensee of a station whose channels are
being reused is entitled by virtue of its being the licensee of an
incumbent MDS station, or by virtue of its holding a Basic Trading Area
or Partitioned Service Area authorization; or
(ii) That the licensee entitled to any cochannel protected service
area which is overlapped by the proposed booster service area has
consented to such overlap; and
(6) A demonstration that the proposed booster service area can be
served by the proposed booster without interference; and
(7) A certification that copies of the materials set forth in
paragraph (b) of this section have been served upon the licensee or
conditional licensee of each station (including each response station
hub and booster station) required to be studied pursuant to paragraph
(b)(3) of this section, and upon any affected holder of a Basic Trading
Area or Partitioned Service Area authorization pursuant to paragraph
(b)(2) of this section.
* * * * *
(e) Eligibility for a license for a low power signal booster
station that has a maximum EIRP of -9 dBW +10log(X/6) dBW, where X is
the channel width in MHz, shall be restricted to a licensee or
conditional licensee. A low-power MDS signal booster station may
operate only on one or more MDS channels that are licensed to the
licensee of the MDS booster station, but may be operated by a third
party with a fully-executed lease or consent agreement with the MDS
conditional licensee or licensee. An MDS licensee or conditional
licensee may install and commence operation of a low-power MDS signal
booster station for the purpose of retransmitting the signals of the
MDS station or for originating signals. Such installation and operation
shall be subject to the condition that for sixty (60) days after
installation and commencement of operation, no objection or petition to
deny is filed by the licensee of a, or applicant for a previously-
proposed, cochannel or adjacent channel ITFS or MDS station with a
transmitter within 8.0 kilometers (5 miles) of the coordinates of the
low-power MDS signal booster station. An MDS licensee or conditional
licensee seeking to install a low-power MDS signal booster station
under this rule must, within 48 hours after installation, submit FCC
Form 331 to the Commission in Washington, DC, and submit to the
Commission's copy contractor (and to the Commission upon staff
request), both in hard copy, and on sequential 3.5'' DSHD computer
diskettes in a format to be specified by public notice, duplicates of
the Form 331 filed with the Commission, and the following (which also
shall be
[[Page 63737]]
submitted to the Commission only upon Commission staff request at any
time):
(1) A description of the booster service area; and
* * * * *
(4) * * *
(i) The maximum power level of the signal booster transmitter does
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in
MHz; and
* * * * *
(vi) The aggregate power flux density of the MDS station and all
associated booster stations and simultaneously operating cochannel
response stations licensed to or applied for by the applicant, measured
at or beyond the boundary of the protected service areas of the MDS
stations whose channels are to be reused, does not exceed -73 dBW/
m2 (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.907(b)(7)(i)) at
locations for which there is an unobstructed signal path, unless the
consent of the affected licensees has been obtained; and
* * * * *
(h) In the event any MDS or ITFS receive site suffers interference
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such
receive site shall cooperate in good faith to expeditiously identify
the source of the interference. Each licensee of a signal booster
station contributing to such interference shall bear the joint and
several obligation to remedy promptly all interference resulting from
block downconverter overload at any ITFS registered receive site or at
any receive site within an MDS or ITFS protected service area applied
for prior to the submission of the application or notification for the
signal booster station, regardless of whether the receive site
suffering the interference was constructed prior to or after the
construction of the signal booster station(s) causing the downconverter
overload; provided, however, that the licensee of the registered ITFS
receive site or the MDS or ITFS protected service area must cooperate
fully and in good faith with efforts by signal booster station
licensees to prevent interference before constructing the signal
booster station and/or to remedy interference that may occur. In the
event that more than one signal booster station licensee contributes to
block downconverter interference at an MDS or ITFS receive site, such
licensees shall cooperate in good faith to remedy promptly the
interference.
Sec. 21.938 [Amended]
18. Section 21.938(b) is amended by removing Secs. 21.940 and
74.940 and adding, in their place, Secs. 21.949 and 74.949,
respectively.
19. Section 21.949 is amended by revising paragraphs (a), (b)
introductory text, and the first sentence of paragraph (d) and adding
paragraph (b)(5) to read as follows:
Sec. 21.949 Individually licensed 125 kHz channel MDS response
stations.
(a) The provisions of Sec. 21.909(a), (e), (h), (j), (l) and (m)
and Sec. 74.939(j) of this chapter shall also apply with respect to
authorization of 125 kHz channel MDS response stations not authorized
under a response station hub license. The applicant shall comply with
the requirements of Sec. 21.902 and Sec. 21.938 where appropriate, as
well as with the provisions of Secs. 21.909, 21.913, 74.939 and 74.985
of this chapter regarding the protection of response stations hubs and
booster (and primary) service areas from harmful electromagnetic
interference, using the appropriately adjusted interference protection
values based upon the ratios of the bandwidths involved.
(b) An application for a license to operate a new or modified 125
kHz channel MDS response station not under a response station hub
license shall be filed with Mellon Bank on FCC Form 331. The applicant
shall supply the following information and certification on that form
for each response station:
* * * * *
(5) A certification that all licensees and applicants appropriately
covered under the provisions of (a), above, have been served with
copies of the application.
* * * * *
(d) During breaks in communications, the unmodulated carrier
frequency of an analog transmission shall be maintained within 35 kHz
of the assigned frequency at all times. * * *
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
20. The authority for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, and 554.
Sec. 74.901 [Amended]
21. Section 74.901 is amended by adding the definition of
``Documented complaint'' to read as follows:
* * * * *
Documented complaint. A complaint that a party is suffering from
non-consensual interference. A documented complaint must contain a
certification that the complainant has contacted the operator of the
allegedly offending facility and tried to resolve the situation prior
to filing. The complaint must then specify the nature of the
interference, whether the interference is constant or intermittent,
when the interference began and the site(s) most likely to be causing
the interference. The complaint should be accompanied by a videotape or
other evidence showing the effects of the interference. The complaint
must contain a motion for a temporary order to have the interfering
station cease transmitting. The complaint must be filed with the
Secretary's office and served on the allegedly offending party.
* * * * *
22. Section 74.902 is amended by revising the first sentence of
paragraph (f) to read as follows:
Sec. 74.902 Frequency assignments.
* * * * *
(f) An ITFS licensee or conditional licensee may apply to exchange
evenly one or more of its assigned channels with another ITFS licensee
or conditional licensee in the same system, or with an MDS licensee or
conditional licensee in the same system, except that an ITFS licensee
or conditional licensee may not exchange one of its assigned channels
for MDS channel 2A. The licensees or conditional licensees seeking to
exchange channels shall file in tandem with the Commission separate pro
forma assignment of license applications, each attaching an exhibit
which clearly specifies that the application is filed pursuant to a
channel exchange agreement. * * *
* * * * *
23. Section 74.903 is amended by revising paragraphs (a)(1),
(a)(2)(i), (a)(2)(ii) introductory text, (a)(6) and the last sentence
of paragraph (b) introductory text, and revising (b)(5) to read as
follows:
Sec. 74.903 Interference.
(a) * * *
(1) Cochannel interference is defined as the ratio of the desired
signal to the undesired signal, at the output of a reference receiving
antenna oriented to receive the maximum desired signal level. Harmful
interference will be considered present when a calculation using a
terrain sensitive signal propagation model determines that this ratio
is less than 45 dB (or the appropriate value for bandwidths other than
6 MHz.)
(2) * * *
[[Page 63738]]
(i) Harmful interference will be considered present when a
calculation using a terrain sensitive signal propagation model
determines that this ratio is less than 0 dB (or the appropriate value
for bandwidths other than 6 MHz.)
(ii) In the alternative, harmful interference will be considered
present for an ITFS station constructed before May 26, 1983, when a
calculation using a terrain sensitive signal propagation model
determines that this ratio is less than 10 dB (or the appropriate value
for bandwidths other than 6 MHz), unless:
* * * * *
(6) Notwithstanding the above, main, booster and response stations
shall use the following formulas, as applicable, for determining
compliance with: (1) Radiated field contour limits where bandwidths
other than 6 MHz are employed at stations utilizing digital emissions;
and (2) Cochannel and adjacent channel D/U ratios where the bandwidths
in use at the interfering and protected stations are unequal and both
stations are utilizing digital modulation or one station is utilizing
digital modulation and the other station is utilizing either 6 MHz NTSC
analog modulation or 125 kHz analog modulation (I channels only).
(i) Contour limit: -73 dBW/m2 + 10 log(X/6) dBW/m \2\,
where X is the bandwidth in MHz of the digital channel.
(ii) Co-channel D/U: 45 dB + 10 log(X1/X2)
dB, where X1 is the bandwidth in MHz of the protected
channel and X2 is the bandwidth in MHz of the interfering
channel.
(iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), where X1 is the bandwidth in MHz of the
protected channel and X2 is the bandwidth in MHz of the
interfering channel.
(b) * * * An applicant for a new instructional television fixed
station must include the following technical information with the
application:
* * * * *
(5) Specific rules relating to response station hubs, booster
stations, and 125 kHz channels are set forth in Secs. 21.909, 21.913,
21.949, 74.939, 74.949 and 74.985. To the extent those specific rules
are inconsistent with any rules set forth above, those specific rules
shall control.
* * * * *
24. Section 74.911 is revised to read as follows:
Sec. 74.911 Processing of ITFS station applications.
(a) Applications for ITFS stations are divided into three groups:
(1) In the first group are applications for new stations. These
applications are subject to the provisions of paragraph (c) of this
section.
(2) In the second group are applications for major changes in the
facilities of authorized stations. A major change for an ITFS station
will be any proposal to add new channels, change from one channel (or
channel group) to another, except as provided for in Sec. 74.902(f),
change polarization, increase the EIRP in any direction by more than
1.5 dB, increase the transmitting antenna height by 25 feet or more, or
relocate a facility's transmitter site by 10 miles or more. Major
change applications are subject to paragraphs (d) and (e) of this
section.
(3) The third group consists of applications for all other licenses
and all other changes in the facilities of authorized stations.
(b) A new file number will be assigned to an application for a new
station or for major changes in the facilities of an authorized
station, when it is amended so as to effect a major change, as defined
in paragraph (a)(2) of this section, or results in a situation where
the original party or parties to the application do not retain control
of the applicant as originally filed. An application for change in the
facilities of any existing station will continue to carry the same file
number even though (pursuant to Commission approval) an assignment of
license or transfer of control of such licensee or permittee has taken
place if, upon consummation, the application is amended to reflect the
new ownership.
(c) (1) The FCC will specify by Public Notice, pursuant to
Sec. 73.5002, a period for filing ITFS applications for a new station.
Such ITFS applicants shall be subject to the provisions of Sec. 1.2105
and the ITFS competitive bidding procedures. See 47 CFR 73.5000, et.
seq.
(2) The requirements of this section apply to a wireless cable
entity requesting to be licensed on ITFS frequencies pursuant to
Sec. 74.990.
(d) Notwithstanding any other provisions of this part, effective as
of September 17, 1998, there shall be a one-week window, at such time
as the Commission shall announce by public notice, for the filing of
applications for all major changes, high-power signal booster station,
response station hub, and I channels point-to-multipoint transmissions
licenses, during which all applications shall be deemed to have been
filed as of the same day for purposes of Secs. 74.939 and 74.985.
Following the publication of a public notice announcing the tendering
for filing of applications submitted during that window, applicants
shall have a period of sixty (60) days to amend their applications,
provided such amendments do not result in any increase in interference
to any previously-proposed or authorized station, or to facilities
proposed during the window, absent consent of the applicant for or
conditional licensee or licensee of the station that would receive such
additional interference. At the conclusion of that sixty (60) day
period, the Commission shall publish a public notice announcing the
acceptance for filing of all applications submitted during the initial
window, as amended during the sixty (60) day period. All petitions to
deny such applications must be filed within sixty (60) days of such
second public notice. On the sixty-first (61st) day after the
publication of such second public notice, applications for major
changes, new or modified response station hub, high powered signal
booster and booster station licenses may be filed and will be processed
in accordance with the provisions of Secs. 74.939 and 74.985. Each
application submitted during the initial window shall be granted on the
sixty-first (61st) day after the Commission shall have given such
public notice of its acceptance for filing, unless prior to such date
either a party in interest timely files a formal petition to deny or
for other relief pursuant to Sec. 74.912, or the Commission notifies
the applicant that its application will not be granted. Where an
application is granted pursuant to the provisions of this paragraph,
the conditional licensee or licensee shall maintain a copy of the
application at the transmitter site or response station hub until such
time as the Commission issues a license.
(e) Except as provided in paragraph (d) of this section, major
change applications may be filed at any time. Except during the sixty
(60) day amendment period provided for in paragraph (d) of this
section, any amendment to a major change application that reflects any
change in the technical specifications of the proposed facility,
includes any new or modified analysis of potential interference to
another facility, or submits any interference consent from a
neighboring licensee, shall cause the application to be considered
newly-filed. Notwithstanding any other provision of part 74, major
change applications meeting the requirements of part 74 shall cut-off
applications that are filed on a subsequent day for facilities that
would cause harmful electromagnetic interference to the facilities
proposed in the major change
[[Page 63739]]
application. A facility proposed in a major change application shall
not be entitled to protection from interference caused by any
facilities proposed on or prior to the day the major change application
is filed. A facility proposed in a major change application shall not
be required to protect from interference facilities proposed on or
after the day the major change application is filed. Except as provided
by paragraph (d) of this section, any petition to deny a major change
application shall be filed no later than the sixtieth (60th) day after
the date of public notice announcing the filing of such application.
Except as provided in paragraph (d) of this section a major change
application that meets the requirements of part 74 shall be granted on
the sixty-first (61st) day after the Commission shall have given public
notice of the acceptance for filing of it, unless prior to such date
either a party in interest files a timely petition to deny or files for
other relief pursuant to Sec. 74.912, or the Commission notifies the
applicant that its application will not be granted at such time. Where
an application is granted pursuant to the provisions of this paragraph,
the conditional licensee or licensee shall maintain a copy of the
application at the facility until such time as the Commission issues a
license for that facility's operations.
25. Section 74.931 is amended by revising paragraphs (c)(3),
(c)(6)(ii), (d) introductory text, (d)(1), (d)(6)(ii), and (d)(6)(iii)
to read as follows:
Sec. 74.931 Purpose and permissible service.
* * * * *
(c) * * *
(3) The licensee may shift its requisite ITFS educational usage
onto fewer than its authorized number of channels, via channel mapping
or channel loading technology, so that it can lease full-time channel
capacity on its ITFS station and/or associated ITFS booster stations,
subject to the condition that it provide a total average of at least 20
hours per channel per week of ITFS educational usage on its authorized
channels. The use of channel mapping or channel loading consistent with
the Rules shall not be considered adversely to the ITFS licensee in
seeking a license renewal. The licensee also retains the unabridgeable
right to recapture, subject to six months' advance written notification
by the ITFS licensee to its lessee, an average of an additional 20
hours per channel per week, accounting for all recapture already
exercised. The licensee may agree to the transmission of this recapture
time on channels not authorized to it, but which are included in the
wireless system of which it is a part. A licensee under this paragraph
which leases excess capacity to an operator which utilizes digital
transmissions on any one of the licensee's licensed channels may
``channel shift'' pursuant to and under the conditions of paragraph
(d)(2) of this section.
(6) * * *
(ii) An ITFS licensee also may alternate, without further
authorization required, between rendering service on a common carrier
and non-common carrier basis, provided that the licensee notifies the
Commission of any service status changes at least 30 days in advance of
such changes. The notification shall state whether there is any
affiliation or relationship to any intended or likely subscriber or
program originator.
(d) A licensee utilizing digital transmissions on any of its
licensed channels may use excess capacity on each channel to transmit
material other than the ITFS subject matter specified in paragraphs (a)
and (b) of this section, subject to the following conditions:
(1) The licensee must reserve a minimum of 5% of the capacity of
its channels for instructional purposes only, and may not lease this
reserved capacity. In addition, before leasing excess capacity, the
licensee must provide at least 20 hours per licensed channel per week
of ITFS educational usage. This 5% reservation and this 20 hours per
licensed channel per week ITFS educational usage requirement shall
apply spectrally over the licensee's whole actual service area.
* * * * *
(6) * * *
(ii) An ITFS licensee also may alternate, without further
authorization required, between rendering service on a common carrier
and non-common carrier basis, provided that the licensee notifies the
Commission of any service status changes at least 30 days in advance of
such changes. The notification shall state whether there is any
affiliation or relationship to any intended or likely subscriber or
program originator.
(iii) Licensees under paragraph (d)(6) of this section additionally
shall comply with the provisions of Secs. 21.304, 21.900(b),
21.903(b)(1), 21.903(b)(2), 21.903(c), and 21.910 of this chapter.
* * * * *
26. Section 74.932 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 74.932 Eligibility and licensing requirements.
(a) * * *
(4) Those applicant organizations whose eligibility is established
by service to accredited institutional or governmental organizations
must submit documentation from proposed receive sites demonstrating
that they will receive and use the applicant's educational usage. In
place of this documentation, a state educational television (ETV)
commission may demonstrate that the public schools it proposes to serve
are required to use its proposed educational usage.
* * * * *
27. Section 74.935 is amended by revising the section heading,
paragraphs (a) through (c) and by adding paragraph (e) to read as
follows:
Sec. 74.935 EIRP limitations.
(a) The maximum EIRP of a main or booster station shall not exceed
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than
6 MHz, except as provided in paragraph (b) of this section.
(b) If a main or booster station sectorizes or otherwise uses one
or more transmitting antennas with a non-omnidirectional horizontal
plane radiation pattern, the maximum EIRP over a 6 MHz channel in dBW
in a given direction shall be determined by the following formula:
EIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where
X is the channel width in MHz and 10 log(360/beamwidth) 6
dB.
Beamwidth is the total horizontal plane beamwidth of the individual
transmitting antenna for the station or any sector measured at the
half-power points.
(c) An increase in station EIRP, above currently-authorized or
previously-proposed values, to the maximum values provided in
paragraphs (a) and (b) of this section may be authorized, if an
applicant demonstrates that the requested EIRP increase would not cause
harmful interference to any authorized or previously-proposed,
cochannel or adjacent channel station entitled to interference
protection under the Commission's rules, or if an applicant
demonstrates that:
(1) A station that must be protected from interference could
compensate for interference by increasing its EIRP; and
(2) The interfered-with station may increase its own EIRP
consistent with the rules and without causing harmful interference to
any cochannel or adjacent channel main or booster station protected
service area, response station hub or BTA/PSA, for which consent for
the increased interference has not been obtained ; and
[[Page 63740]]
(3) The applicant requesting authorization of an EIRP increase
agrees to pay all expenses associated with the increase in EIRP by the
interfered-with station.
* * * * *
(e) For main, booster and response stations utilizing digital
emissions with non-uniform power spectral density (e.g. unfiltered
QPSK), the power measured within any 100 kHz resolution bandwidth
within the 6 MHz channel occupied by the non-uniform emission cannot
exceed the power permitted within any 100 kHz resolution bandwidth
within the 6 MHz channel if it were occupied by an emission with
uniform power spectral density, i.e., if the maximum permissible power
of a station utilizing a perfectly uniform power spectral density
across a 6 MHz channel were 2000 watts EIRP, this would result in a
maximum permissible power flux density for the station of 2000/60 =
33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were
substituted at the station, station power would still be limited to a
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz
channel, irrespective of the fact that this would result in a total 6
MHz channel power of less than 2000 watts EIRP.
28. Section 74.936 is amended by revising paragraphs (a) and (b)
introductory text to read as follows:
Sec. 74.936 Emissions and bandwidth.
(a) An ITFS station may employ amplitude modulation (C3F) for the
transmission of the visual signal and frequency modulation (F3E) or
(G3E) for the transmission of the aural signal when transmitting a
standard analog television signal. Quadrature amplitude modulation
(QAM), digital vestigial sideband modulation (VSB), quadrature phase
shift key modulation (QPSK), code division multiple access (CDMA) and
orthogonal frequency division multiplex (OFDM) emissions may be
employed, subject to compliance with the policies set forth in the
Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Use of OFDM also
is subject to the subsequently Digital Declaratory Ruling and Order, DA
99-554 (Mass Med. Bur. rel. Mar. 19, 1999). Other digital emissions may
be added to those authorized above, including emissions with non-
uniform power spectral density, if the applicant provides information
in accordance with the guidelines and procedures set forth in the
Declaratory Ruling and Order which clearly demonstrates the spectral
occupancy and interference characteristics of the emission. The
licensee may subchannelize its authorized bandwidth, provided that
digital modulation is employed and the aggregate power does not exceed
the authorized power for the channel, and may utilize all or a portion
of its authorized bandwidth for ITFS response stations authorized
pursuant to Sec. 74.939. The licensee may also, jointly with affected
adjacent channel licensees, transmit utilizing bandwidth in excess of
its authorized frequencies, provided that digital modulation is
employed, all power spectral density requirements set forth in this
part are met and the out-of-band emissions restrictions set forth in
Sec. 74.936 are met at the edges of the channels employed. The wider
channels thus created may be redivided to create narrower channels.
(b) Notwithstanding the above, any digital emission which complies
with the out-of-band emission restrictions of Sec. 21.908 of this
chapter may be used in the following circumstances:
* * * * *
29. Section 74.939 is amended as follows:
(1) by revising paragraph (b);
(2) revising paragraph (c);
(3) removing paragraph (d)(1);
(4) redesignating paragraphs (d)(2) and (d)(3) as paragraphs (d)(1)
and (d)(2);
(5) revising newly redesignated paragraphs (d)(2)(iii), (d)(2)(iv),
(d)(2)(v) introductory text; (d)(2)(v)(A);
(6) revising the second sentence of paragraph (f);
(7) revising pargraphs (g)(3), (g)(6)(i), (g)(6)(ii), (g)(8);
(8) revising paragraph (h);
(9) revising paragraph (i)(2);
(10) revising the second sentence of paragraph (l)(1), (l)(2)
introductory text;
(11) adding paragraph (l)(6);
(12) revising paragraph (m);
(13) revising paragraph (o);
(14) revising paragraph (p); and
(15) revising the first sentence of paragraph (q).
The additions, removals and revisions are set out as follows:
Sec. 74.939 ITFS response stations.
* * * * *
(b) ITFS response stations that utilize the 2150-2162 MHz band
pursuant to Sec. 74.902(f), the 2500-2686 MHz band, and/or the 125 kHz
channels identified in paragraph (j) of this section may be installed
and operated without an individual license, to communicate with a
response station hub, provided that the conditions set forth in
paragraph (g) of this section are met and that ITFS response stations'
technical parameters are consistent with all applicable rules in this
part and with the terms and conditions set out in the Commission's
Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996).
(c) An applicant for a response station hub license, or for
modification thereto, shall:
(1) File FCC Form 331 with the Commission in Washington, DC, and
certify on that form that it has complied with the requirements of
paragraphs (c)(2) and (d) of this section and that the interference
data submitted under paragraph (d) of this section is complete and
accurate. Failure to certify compliance and to comply completely with
the requirements of paragraphs (c)(2) and (d) of this section shall
result in dismissal of the application or revocation of the response
station hub license, and may result in imposition of a monetary
forfeiture; and
(2) Submit the following to the Commission's copy contractor, both
in hard copy and on sequential 3.5'' DSHD computer diskettes in ASCII
for all Appendix D data and in a format to be specified by the
Commission by public notice for all other submissions.
(i) Duplicates of the Form 331 filed with the Commission; and.
(ii) The data required by Appendix D to the Report and Order on
Reconsideration in MM Docket No. 97-217, FCC 99-178, ``Methods for
Predicting Interference from Response Station Transmitters and to
Response Station Hubs and for Supplying Data on Response Station
Systems'' as amended; and
(iii) The information, showings and certifications required by
paragraph (d) of this section; and
(3) Submit to the Commission, only upon Commission staff request,
duplicates of the submissions required by paragraph (c)(2) of this
section.
* * * * *
(d) * * *
(2) * * *
(iii) The combined signals of all simultaneously operating ITFS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs and all
cochannel ITFS stations and booster stations licensed to or applied for
by the applicant will not generate a power flux density in excess of
-73 dBW/m\2\ (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(i)) outside
the boundaries of the applicant's protected service area, as measured
at locations for which there is an unobstructed signal path, except to
the extent that consent of affected licensees has been obtained or
consents have been granted pursuant to
[[Page 63741]]
paragraph (d)(3)(ii) of this section to an extension of the response
service area beyond the boundaries of the protected service area; and
(iv) The combined signals of all simultaneously operating ITFS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel ITFS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 45 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(ii)):
(A) Within the protected service area of any authorized or
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35
mile) protected service area with center coordinates located within
160.94 km (100 miles) of the proposed response station hub; and
(B) Within the booster service area of any cochannel booster
station entitled to such protection pursuant to Secs. 21.913(f) of this
chapter or 74.985(f) and located within 160.94 km (100 miles) of the
proposed response station hub; and
(C) At any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within
160.94 km (100 miles) of the proposed response station hub, or, in the
alternative, that the licensee or applicant for such cochannel station
or hub consents to the application; and
(v) The combined signals of all simultaneously operating ITFS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel ITFS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 0 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(iii)):
(A) Within the protected service area of any authorized or
previously-proposed adjacent channel MDS or ITFS station with a 56.33
km (35 mile) protected service area with center coordinates located
within 160.94 km (100 miles) of the proposed response station hub; and
* * * * *
(f) * * * Except as provided in Sec. 74.911(e), an application for
a response station hub license that meets the requirements of this
section shall be granted on the sixty-first (61st) day after the
Commission shall have given public notice of the acceptance for filing
of it, or of a major amendment to it if such major amendment has been
filed, unless prior to such date either a party in interest timely
files a formal petition to deny or for other relief pursuant to
Sec. 74.912, or the Commission notifies the applicant that its
application will not be granted. * * *
(g) * * *
(3) No response station shall operate with an EIRP in excess of
that specified in the application for the response station hub pursuant
to paragraph (d)(2)(i)(B) of this section for the particular regional
class of characteristics with which the response station is associated,
and such response station shall not operate at an excess of 33 dBW + 10
log(X/6) dBW, where X is the channel width in MHz; and
* * * * *
(6) * * *
(i) First notifies the Commission, in a format to be specified by
public notice, of the altered number of response stations of such
class(es) to be operated simultaneously in such region, and certifies
in that notification that it has complied with the requirements of
paragraphs (g)(6)(ii) and (iii) of this section, and that the
interference data submitted under paragraph (g)(6)(ii) of this section
is complete and accurate; and
(ii) Provides the Commission's copy contractor with a set of
sequential 3.5'' DSHD diskettes in ASCII format which update the
previously filed response station data (see Sec. 21.909(c)(2)(ii) of
this chapter) and with an analysis, in a format to be specified by
public notice, establishing that such alteration will not result in any
increase in interference to the protected service area or protected
receive sites of any existing or previously-proposed, cochannel or
adjacent channel MDS or ITFS station or booster station, to the
protected service area of any MDS Basic Trading Area or Partitioned
Service Area licensee entitled to protection pursuant to paragraph
(d)(3) of this section, or to any existing or previously-proposed,
cochannel or adjacent channel response station hub, or response station
under Sec. 21.949 of this chapter or Sec. 74.949; or that the applicant
for or licensee of such facility has consented to such interference;
and
* * * * *
(8) In the event any MDS or ITFS receive site suffers interference
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five
miles of such receive site shall cooperate in good faith to
expeditiously identify the source of the interference. Each licensee of
a response station hub with an associated response station contributing
to such interference shall bear the joint and several obligation to
promptly remedy all block downconverter overload interference at any
ITFS registered receive site or at any receive site within an MDS or
ITFS protected service area applied for prior to the submission of the
application for the response station hub license, regardless of whether
the receive site suffering the interference was constructed prior to or
after the construction of the response station(s) causing the
downconverter overload; provided, however, that the licensee of the
registered ITFS receive site or the MDS or ITFS protected service area
must cooperate fully and in good faith with efforts by the response
station hub licensee to prevent interference before constructing
response stations and/or to remedy interference that may occur. In the
event that the associated response station(s) of more than one response
station hub licensee contribute(s) to block downconverter interference
at an MDS or ITFS receive site, such hub licensees shall cooperate in
good faith to remedy promptly the interference.
(h) Applicants must comply with part 17 of this chapter concerning
notification to the Federal Aviation Administration of proposed antenna
construction or alteration for all hub stations and associated response
stations.
(i) * * *
(2) Commencing upon the filing of an application for an ITFS
response station hub license and until such time as the application is
dismissed or denied or, if the application is granted, a certification
of completion of construction is filed on FCC Form 330A, the ITFS
station whose channels are being utilized shall be entitled both to
interference protection pursuant to Secs. 21.902(i) and 21.938(b)(3) of
this chapter and 74.903, and to protection of the response station hub
pursuant to the preceding paragraph. Unless the application for the
response station hub license specifies that the same frequencies also
will be employed for digital and/or analog point-to-multipoint
transmissions by ITFS stations and/or ITFS booster stations, upon the
submission of a certification of completion of construction of an ITFS
response station hub on FCC Form 330A where the channels of an ITFS
station are being utilized as response station transmit frequencies,
the ITFS station whose channels are being utilized for response station
transmissions shall no longer be entitled to interference protection
pursuant to Secs. 21.902(i) and
[[Page 63742]]
21.938(b)(3) of this chapter and 74.903 within the response service
area with regard to any portion of any 6 MHz channel employed solely
for response station communications. Upon the submission of a
certification of completion of construction of an ITFS response station
hub on FCC Form 330A where the channels of an ITFS station are being
utilized for response station transmissions and the application for the
response station hub license specifies that the same frequencies will
be employed for point-to-multipoint transmissions, the ITFS station
whose channels are being utilized shall be entitled both to
interference protection pursuant to Secs. 21.902(i) and 21.938(b)(3) of
this chapter and 74.903, and to protection of the response station hub
pursuant to the preceding provisions of this paragraph.
* * * * *
(l) * * *
(1) * * * The application shall specify which of the associated I
channels is/are intended for point-to-multipoint transmissions, or
whether an I channels station already authorized for point-to-
multipoint transmissions is being modified. * * *
(2) Submit to the Commission's copy contractor, both in hard copy,
and on a 3.5'' DSHD computer diskette in ASCII, and likewise submit to
the Commission, only upon Commission staff request:
* * * * *
(6) A certification that copies of the materials set forth in
paragraph (l)(2) of this section have been served upon the licensee or
conditional licensee of each station (including each response station
hub and booster station) required to be studied pursuant to paragraph
(l)(3) of this section, and upon any affected holder of a Basic Trading
Area or Partitioned Service Area authorization pursuant to paragraph
(l)(2) of this section.
(m) A response station may be operated unattended. The overall
performance of the response station transmitter shall be checked by the
hub licensee as often as necessary to ensure that it is functioning in
accordance with the requirements of the Commission's rules. The
licensee of a response station hub is responsible for the proper
operation of all associated response station transmitters. Each
response station hub licensee is responsible for maintaining, and
making available to the Commission upon request, a list containing all
customer names and addresses, plus the technical parameters (EIRP,
emission, bandwidth, antenna pattern/height/orientation/polarization)
pertinent to each class of response station within the response service
area.
* * * * *
(o) An ITFS response station shall be operated only when engaged in
communications with its associated ITFS response station hub or ITFS
station or booster station, or for necessary equipment or system tests
and adjustments. Upon initial installation, and upon relocation and
reinstallation, a response station transmitter shall be incapable of
emitting radiation unless, and until, it has been activated by
reception of a signal from the associated ITFS station or booster
station. A hub station licensee shall be capable of remotely de-
activating any and all response station transmitters within its RSA by
means of signals from the associated ITFS station or booster station.
Radiation of an unmodulated carrier and other unnecessary transmissions
are forbidden.
(p) All response stations utilizing an EIRP greater than 18 dBW
shall be installed by the associated hub licensee or by the licensee's
employees or agents. For the purposes of this section, all EIRP dBW
values assume the use of a 6 MHz channel. For channel bandwidths other
than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz)
or down (channel <6 mhz)="" by="" 10="" log(x/6)="" dbw,="" where="" x="" is="" the="" channel="" width="" in="" mhz.="" for="" response="" stations="" located="" within="" 1960="" feet="" of="" an="" itfs="" receive="" site="" registered="" and="" built="" prior="" to="" the="" filing="" of="" the="" application="" for="" the="" hub="" station="" license,="" the="" hub="" licensee="" must="" notify="" the="" licensee="" of="" the="" itfs="" receive="" site="" at="" least="" one="" business="" day="" prior="" to="" the="" activation="" of="" these="" response="" stations.="" the="" notification="" must="" contain,="" for="" each="" response="" station="" to="" be="" activated,="" the="" following="" information:="" name="" and="" telephone="" number="" of="" a="" contact="" person="" who="" will="" be="" responsible="" for="" coordinating="" the="" resolution="" of="" any="" interference="" problems;="" street="" address;="" geographic="" coordinates="" to="" the="" nearest="" second;="" channels/subchannels="" (transmit="" only);="" and="" transmit="" antenna="" pattern,="" eirp,="" orientation="" and="" height="" amsl.="" (if="" transmit="" antenna="" pattern,="" eirp,="" orientation="" or="" height="" amsl="" are="" not="" known="" with="" specificity="" at="" the="" time="" of="" notification,="" the="" hub="" licensee="" may,="" instead,="" specify="" the="" worst-case="" values="" for="" the="" class="" of="" response="" station="" being="" activated.)="" such="" notice="" to="" the="" itfs="" licensee="" shall="" be="" given="" in="" writing="" by="" certified="" mail="" unless="" the="" itfs="" licensee="" has="" requested="" delivery="" by="" email="" or="" facsimile.="" the="" itfs="" licensee="" may="" waive="" the="" notification="" requirement="" on="" a="" site-specific="" basis="" or="" on="" a="" system-wide="" basis.="" the="" notification="" provisions="" of="" this="" section="" shall="" not="" apply="" if:="" (1)="" the="" response="" station="" will="" operate="" at="" an="" eirp="" no="" greater="" than="" -6="" dbw;="" or="" (2)="" the="" response="" station="" will="" operate="" at="" an="" eirp="" greater="" than="" -6="" dbw="" and="" no="" more="" than="" 18="" dbw="" and:="" (i)="" the="" channels="" being="" received="" at="" the="" itfs="" site="" are="" neither="" the="" same="" as,="" nor="" directly="" adjacent="" to,="" the="" channel(s)="" to="" be="" transmitted="" from="" the="" response="" station;="" and="" (ii)="" the="" hub="" station="" licensee="" has="" replaced,="" at="" its="" expense,="" the="" frequency="" downconverters="" used="" at="" all="" itfs="" receive="" sites="" registered="" and="" constructed="" prior="" to="" the="" filing="" of="" the="" hub="" station="" application="" which="" are="" within="" 1960="" feet="" of="" the="" hub="" station's="" response="" service="" area;="" and="" (iii)="" the="" downconverters,="" at="" a="" minimum,="" conform="" to="" the="" following="" specifications:="" (a)="" a="" frequency="" of="" operation="" covering="" the="" 2150-2162="" mhz="" band="" or="" the="" 2500-2686="" mhz="" band;="" and="" (b)="" a="" third-order="" intercept="" point="" of="" 30="" dbm;="" and="" (c)="" a="" conversion="" gain="" of="" 32="" db,="" or="" the="" same="" conversion="" gain="" as="" the="" existing="" itfs="" downconverter,="" whichever="" is="" least;="" and="" (d)="" a="" noise="" figure="" of="" no="" greater="" than="" 2.5="" db,="" or="" no="" more="" than="" 1="" db="" greater="" than="" the="" noise="" figure="" of="" the="" existing="" itfs="" downconverter,="" whichever="" is="" greater;="" and="" (iv)="" the="" proposal="" to="" upgrade="" the="" itfs="" downconverter="" was="" made="" in="" writing="" and="" served="" upon="" the="" affected="" itfs="" licensee,="" conditional="" licensee="" or="" applicant="" at="" the="" same="" time="" the="" application="" for="" the="" response="" station="" hub="" license="" was="" served="" on="" cochannel="" and="" adjacent="" channel="" itfs="" parties="" and="" no="" objection="" was="" made="" within="" the="" 60-day="" period="" allowed="" for="" petitions="" to="" deny="" the="" hub="" station="" application.="" (q)="" interference="" calculations="" shall="" be="" performed="" in="" accordance="" with="" appendix="" d="" to="" the="" report="" and="" order="" on="" reconsideration="" in="" mm="" docket="" no.="" 97-217,="" fcc="" 99-178,="" ``methods="" for="" predicting="" interference="" from="" response="" station="" transmitters="" and="" to="" response="" station="" hubs="" and="" for="" supplying="" data="" on="" response="" station="" systems''="" as="" amended="" *="" *="" *="" 30.="" section="" 74.949="" is="" amended="" by="" revising="" paragraphs="" (a),="" (b)="" introductory="" text,="" and="" by="" adding="" (b)(5)="" to="" read="" as="" follows:="" sec.="" 74.949="" individually="" licensed="" 125="" khz="" channel="" itfs="" response="" stations.="" (a)="" the="" provisions="" of="" sec.="" 74.939(a),="" (e),="" (h),="" (j),="" (k),="" (n)="" and="" (o)="" shall="" also="" apply="" with="" respect="" to="" the="" authorization="" of="" 125="" khz="" channel="" itfs="" response="" stations="" not="" authorized="" under="" a="" response="" station="" hub="" [[page="" 63743]]="" license.="" the="" applicant="" shall="" also="" comply="" with="" the="" requirements="" of="" sec.="" 74.903="" and="" sec.="" 21.938="" of="" this="" chapter="" where="" appropriate,="" as="" well="" as="" with="" the="" provisions="" of="" secs.="" 21.909="" and="" 21.913="" of="" this="" chapter="" and="" of="" secs.="" 74.939="" and="" 74.985="" regarding="" the="" protection="" of="" response="" station="" hubs="" and="" booster="" (and="" primary)="" service="" areas="" from="" harmful="" electromagnetic="" interference,="" using="" the="" appropriately="" adjusted="" interference="" protection="" values="" based="" upon="" the="" ratios="" of="" the="" bandwidths="" involved.="" (b)="" an="" application="" for="" a="" license="" to="" operate="" a="" new="" or="" modified="" 125="" khz="" channel="" itfs="" response="" station="" not="" under="" a="" response="" station="" hub="" license="" shall="" be="" filed="" with="" the="" commission="" in="" washington,="" d.c.,="" on="" fcc="" form="" 331.="" the="" applicant="" shall="" supply="" the="" following="" information="" and="" certification="" on="" that="" form="" for="" each="" response="" station:="" *="" *="" *="" *="" *="" (5)="" a="" certification="" that="" all="" licensees="" and="" applicants="" appropriately="" covered="" under="" the="" provisions="" of="" paragraph="" (a)="" of="" this="" section="" have="" been="" served="" with="" copies="" of="" the="" application.="" *="" *="" *="" *="" *="" 31.="" section="" 74.951="" is="" amended="" by="" revising="" paragraph="" (b)="" to="" read="" as="" follows:="" sec.="" 74.951="" modification="" of="" transmission="" systems.="" *="" *="" *="" *="" *="" (b)="" any="" change="" in="" the="" antenna="" system="" affecting="" the="" direction="" of="" radiation,="" directive="" radiation="" pattern,="" antenna="" gain,="" or="" radiated="" power;="" provided,="" however,="" that="" a="" licensee="" may="" install="" a="" sectorized="" antenna="" system="" without="" prior="" consent="" if="" such="" system="" does="" not="" change="" polarization="" or="" result="" in="" an="" increase="" in="" radiated="" power="" by="" more="" than="" one="" db="" in="" any="" direction,="" and="" notice="" of="" such="" installation="" is="" provided="" to="" the="" commission="" and="" the="" commission's="" copy="" contractor="" on="" fcc="" form="" 331="" within="" ten="" (10)="" days="" of="" installation.="" when="" an="" applicant="" proposes="" to="" employ="" a="" directional="" antenna,="" or="" a="" licensee="" notifies="" the="" commission="" pursuant="" to="" this="" paragraph="" of="" the="" installation="" of="" a="" sectorized="" antenna="" system,="" the="" applicant="" shall="" provide="" the="" commission="" with="" information="" regarding="" the="" orientation="" of="" the="" directional="" antenna(s),="" expressed="" in="" degree="" of="" azimuth,="" with="" respect="" to="" true="" north,="" and="" the="" make="" and="" model="" of="" such="" antenna(s).="" *="" *="" *="" *="" *="" 32.="" section="" 74.961="" is="" amended="" by="" revising="" paragraph="" (a)="" to="" read="" as="" follows:="" sec.="" 74.961="" frequency="" tolerance="" (a)="" beginning="" january="" 21,="" 2000,="" equipment="" authorized="" to="" be="" used="" at="" all="" itfs="" main="" stations,="" and="" at="" all="" itfs="" booster="" stations="" authorized="" pursuant="" to="" sec.="" 74.985(b),="" shall="" maintain="" a="" frequency="" tolerance="" of="" 0.001%.="" itfs="" booster="" stations="" authorized="" pursuant="" to="" sec.="" 74.985(e)="" and="" itfs="" response="" stations="" authorized="" pursuant="" to="" sec.="" 74.939="" shall="" employ="" transmitters="" with="" sufficient="" frequency="" stability="" to="" ensure="" that="" the="" emission="" is,="" at="" all="" times,="" within="" the="" required="" emission="" mask.="" a="" transmitter="" licensed="" prior="" to="" november="" 1,="" 1991="" that="" remains="" at="" the="" station="" site="" for="" which="" it="" was="" initially="" authorized="" and="" does="" not="" comply="" with="" the="" provisions="" of="" this="" paragraph="" may="" continue="" to="" be="" used="" if="" it="" does="" not="" cause="" harmful="" interference="" to="" the="" operations="" of="" any="" other="" licensee.="" any="" non-conforming="" transmitter="" replaced="" after="" november="" 1,="" 1991="" must="" be="" replaced="" by="" a="" transmitter="" meeting="" the="" requirements="" of="" this="" paragraph.="" *="" *="" *="" *="" *="" 33.="" section="" 74.985="" is="" amended="" by:="" (1)="" removing="" paragraph="" (e)(4);="" (2)="" redesignating="" paragraph="" (e)(5)="" as="" (e)(4);="" (3)="" revising="" paragraph="" (a);="" (4)="" revising="" paragraphs="" (b)="" introductory="" text="" (b)(4),="" (b)(5);="" (5)="" revising="" the="" second="" sentence="" of="" paragraph="" (d);="" (6)="" revising="" paragraph="" (e)="" introductory="" text,="" newly="" redesignated="" paragraphs="" (e)(4)(i),="" (e)(4)(vi);="" (7)="" revising="" paragraph="" (f);="" and="" (8)="" revising="" paragraph="" (h).="" the="" additions,="" removals="" and="" revisions="" are="" set="" out="" as="" follows:="" sec.="" 74.985="" signal="" booster="" stations.="" (a)="" an="" itfs="" booster="" station="" may="" reuse="" channels="" to="" repeat="" the="" signals="" of="" itfs="" stations="" or="" to="" originate="" signals="" on="" itfs="" channels.="" the="" aggregate="" power="" flux="" density="" generated="" by="" an="" itfs="" station="" and="" all="" associated="" signal="" booster="" stations="" and="" all="" simultaneously="" operating="" cochannel="" response="" stations="" licensed="" to="" or="" applied="" for="" by="" the="" applicant="" may="" not="" exceed="" -73="" dbw/m\2\="" (or="" the="" appropriately="" adjusted="" value="" based="" on="" the="" actual="" bandwidth="" used="" if="" other="" than="" 6="" mhz,="" see="" sec.="" 74.903(a)(6)(i))="" at="" or="" beyond="" the="" boundary="" of="" the="" protected="" service="" area,="" as="" defined="" by="" sec.="" 21.902(d)="" of="" this="" chapter,="" of="" the="" main="" itfs="" station="" whose="" channels="" are="" being="" reused,="" as="" measured="" at="" locations="" for="" which="" there="" is="" an="" unobstructed="" signal="" path,="" unless="" the="" consent="" of="" the="" cochannel="" licensee="" is="" obtained.="" (b)="" a="" licensee="" or="" conditional="" licensee="" may="" secure="" a="" license="" for="" a="" high="" power="" signal="" booster="" station="" that="" has="" a="" maximum="" eirp="" in="" excess="" of="" -9="" dbw="" +="" 10="" log(x/6)="" dbw="" where="" x="" is="" the="" channel="" width="" in="" mhz,="" if="" it="" complies="" with="" the="" out-of-band="" emission="" requirements="" of="" sec.="" 21.908="" of="" this="" chapter.="" the="" applicant="" for="" a="" high-power="" station,="" or="" for="" modification="" thereto,="" shall="" file="" fcc="" form="" 331="" with="" the="" commission="" in="" washington,="" dc,="" and="" certify="" on="" that="" form="" that="" the="" applicant="" has="" complied="" with="" the="" additional="" requirements="" of="" paragraph="" (b)="" of="" this="" section,="" and="" that="" the="" interference="" data="" submitted="" under="" this="" paragraph="" is="" complete="" and="" accurate.="" failure="" to="" certify="" compliance="" and="" to="" comply="" completely="" with="" the="" following="" requirements="" of="" paragraph="" (b)="" of="" this="" section="" shall="" result="" in="" dismissal="" of="" the="" application="" or="" revocation="" of="" the="" high-power="" itfs="" signal="" booster="" station="" license,="" and="" may="" result="" in="" imposition="" of="" a="" monetary="" forfeiture.="" the="" applicant="" additionally="" is="" required="" to="" submit="" to="" the="" commission's="" copy="" contractor="" (and="" to="" the="" commission="" upon="" staff="" request),="" both="" in="" hard="" copy,="" and="" on="" sequential="" 3.5''="" dshd="" computer="" diskettes="" in="" a="" form="" to="" be="" specified="" by="" the="" commission="" by="" public="" notice,="" duplicates="" of="" the="" form="" 331="" filed="" with="" mellon="" bank,="" and="" the="" following="" information:="" *="" *="" *="" *="" *="" (4)="" a="" study="" which="" demonstrates="" that="" the="" aggregate="" power="" flux="" density="" of="" the="" itfs="" station="" and="" all="" associated="" booster="" stations="" and="" simultaneously="" operating="" cochannel="" response="" stations="" licensed="" to="" or="" applied="" for="" by="" the="" applicant="" does="" not="" exceed="" -73="" dbw/m\2\="" (or="" the="" appropriately="" adjusted="" value="" based="" on="" the="" actual="" bandwidth="" used="" if="" other="" than="" 6="" mhz,="" see="" sec.="" 74.903(a)(6)(i))="" at="" or="" beyond="" the="" boundary="" of="" the="" protected="" service="" area="" of="" the="" main="" itfs="" station="" whose="" channels="" are="" to="" be="" reused,="" as="" measured="" at="" locations="" for="" which="" there="" is="" an="" unobstructed="" signal="" path,="" unless="" the="" consent="" of="" affected="" licensees="" has="" been="" obtained;="" and="" (5)="" in="" lieu="" of="" the="" requirements="" of="" sec.="" 74.903,="" a="" study="" which="" demonstrates="" that="" the="" proposed="" signal="" booster="" station="" will="" cause="" no="" harmful="" interference="" (as="" defined="" in="" sec.="" 74.903(a)(1)="" and="" (2))="" to="" cochannel="" and="" adjacent="" channel,="" authorized="" or="" previously-proposed="" itfs="" and="" mds="" stations="" with="" protected="" service="" area="" center="" coordinates="" as="" specified="" in="" sec.="" 21.902(d)="" of="" this="" chapter,="" to="" any="" authorized="" or="" previously-proposed="" response="" station="" hubs,="" booster="" service="" areas,="" or="" i="" channel="" stations="" associated="" with="" such="" itfs="" and="" mds="" stations,="" or="" to="" any="" itfs="" receive="" sites="" registered="" as="" of="" september="" 17,="" 1998,="" within="" 160.94="" kilometers="" (100="" miles)="" of="" the="" proposed="" booster="" station's="" transmitter="" site.="" such="" study="" shall="" consider="" the="" undesired="" signal="" levels="" generated="" by="" the="" proposed="" signal="" booster="" station,="" the="" main="" station,="" all="" other="" licensed="" or="" previously-proposed="" associated="" booster="" stations,="" and="" all="" simultaneously="" operating="" cochannel="" response="" stations="" licensed="" to="" [[page="" 63744]]="" or="" applied="" for="" by="" the="" applicant.="" in="" the="" alternative,="" a="" statement="" from="" the="" affected="" mds="" or="" itfs="" licensee="" or="" conditional="" licensee="" stating="" that="" it="" does="" not="" object="" to="" operation="" of="" the="" high-power="" itfs="" signal="" booster="" station="" may="" be="" submitted;="" and="" *="" *="" *="" *="" *="" (d)="" *="" *="" *="" except="" as="" provided="" in="" sec.="" 74.911(e),="" an="" application="" for="" a="" high-power="" itfs="" signal="" booster="" station="" license="" that="" meets="" the="" requirements="" of="" paragraph="" (b)="" of="" this="" section="" shall="" be="" granted="" on="" the="" sixty-first="" (61st)="" day="" after="" the="" commission="" shall="" have="" given="" public="" notice="" of="" the="" acceptance="" for="" filing="" of="" it,="" or="" of="" a="" major="" amendment="" to="" it="" if="" such="" major="" amendment="" has="" been="" filed,="" unless="" prior="" to="" such="" date="" either="" a="" party="" in="" interest="" timely="" files="" a="" formal="" petition="" to="" deny="" or="" for="" other="" relief="" pursuant="" to="" sec.="" 74.912,="" or="" the="" commission="" notifies="" the="" applicant="" that="" its="" application="" will="" not="" be="" granted.="" *="" *="" *="" (e)="" eligibility="" for="" a="" license="" for="" a="" low="" power="" signal="" booster="" station="" that="" has="" a="" maximum="" eirp="" of="" -9="" dbw="" +="" 10log(x/6)="" dbw,="" where="" x="" is="" the="" channel="" width="" in="" mhz,="" shall="" be="" restricted="" to="" a="" licensee="" or="" conditional="" licensee.="" a="" low-power="" itfs="" signal="" booster="" station="" may="" operate="" only="" on="" one="" or="" more="" itfs="" channels="" that="" are="" licensed="" to="" the="" licensee="" of="" the="" itfs="" booster="" station,="" but="" may="" be="" operated="" by="" a="" third="" party="" with="" a="" fully-executed="" lease="" or="" consent="" agreement="" with="" the="" itfs="" conditional="" licensee="" or="" licensee.="" an="" itfs="" licensee="" or="" conditional="" licensee="" may="" install="" and="" commence="" operation="" of="" a="" low-power="" itfs="" signal="" booster="" station="" for="" the="" purpose="" of="" retransmitting="" the="" signals="" of="" the="" itfs="" station="" or="" for="" originating="" signals.="" such="" installation="" and="" operation="" shall="" be="" subject="" to="" the="" condition="" that="" for="" sixty="" (60)="" days="" after="" installation="" and="" commencement="" of="" operation,="" no="" objection="" or="" petition="" to="" deny="" is="" filed="" by="" the="" licensee="" of="" a,="" or="" applicant="" for="" a="" previously-proposed,="" cochannel="" or="" adjacent="" channel="" itfs="" or="" mds="" station="" with="" a="" transmitter="" within="" 8.0="" kilometers="" (5="" miles)="" of="" the="" coordinates="" of="" the="" low-power="" itfs="" signal="" booster="" station.="" an="" itfs="" licensee="" or="" conditional="" licensee="" seeking="" to="" install="" a="" low-power="" itfs="" signal="" booster="" station="" under="" this="" rule="" must,="" within="" 48="" hours="" after="" installation,="" submit="" fcc="" form="" 331="" to="" the="" commission="" in="" washington,="" dc,="" and="" submit="" to="" the="" commission's="" copy="" contractor="" (and="" to="" the="" commission="" upon="" staff="" request),="" both="" in="" hard="" copy,="" and="" on="" sequential="" 3.5''="" dshd="" computer="" diskettes="" in="" a="" format="" to="" be="" specified="" by="" public="" notice,="" duplicates="" of="" the="" form="" 331="" filed="" with="" the="" commission,="" and="" the="" following="" (which="" also="" shall="" be="" submitted="" to="" the="" commission="" only="" upon="" commission="" staff="" request="" at="" any="" time):="" *="" *="" *="" *="" *="" (4)="" *="" *="" *="" (i)="" the="" maximum="" power="" level="" of="" the="" signal="" booster="" transmitter="" does="" not="" exceed="" -9="" dbw="" +="" 10="" log(x/6)="" dbw,="" where="" x="" is="" the="" channel="" width="" in="" mhz;="" and="" *="" *="" *="" *="" *="" (vi)="" the="" aggregate="" power="" flux="" density="" of="" the="" itfs="" station="" and="" all="" associated="" booster="" stations="" and="" simultaneously="" operating="" cochannel="" response="" stations="" licensed="" to="" or="" applied="" for="" by="" the="" applicant="" does="" not="" exceed="" -73="" dbw/m\2\="" (or="" the="" appropriately="" adjusted="" value="" based="" on="" the="" actual="" bandwidth="" used="" if="" other="" than="" 6="" mhz,="" see="" sec.="" 74.903(a)(6)(i))="" at="" or="" beyond="" the="" boundary="" of="" the="" protected="" service="" area="" of="" the="" main="" itfs="" station="" whose="" channels="" are="" to="" be="" reused,="" as="" measured="" at="" locations="" for="" which="" there="" is="" an="" unobstructed="" signal="" path,="" unless="" the="" consent="" of="" affected="" licensees="" has="" been="" obtained;="" and="" (f)="" commencing="" upon="" the="" filing="" of="" an="" application="" for="" a="" high-power="" itfs="" signal="" booster="" station="" license="" and="" until="" such="" time="" as="" the="" application="" is="" dismissed="" or="" denied="" or,="" if="" the="" application="" is="" granted,="" a="" certification="" of="" completion="" of="" construction="" on="" fcc="" form="" 330a="" is="" submitted,="" an="" applicant="" for="" any="" new="" or="" modified="" mds="" or="" itfs="" station="" (including="" any="" response="" station="" hub,="" high-power="" booster="" station,="" or="" i="" channels="" station)="" shall="" demonstrate="" compliance="" with="" the="" interference="" protection="" requirements="" set="" forth="" in="" secs.="" 21.902(i)="" and="" 21.938(b)(3)="" of="" this="" chapter="" or="" sec.="" 74.903="" with="" respect="" to="" any="" previously-proposed="" or="" authorized="" booster="" service="" area="" both="" using="" the="" transmission="" parameters="" of="" the="" high-power="" itfs="" signal="" booster="" station="" (e.g.,="" eirp,="" polarization(s)="" and="" antenna="" height)="" and="" the="" transmission="" parameters="" of="" the="" itfs="" station="" whose="" channels="" are="" to="" be="" reused="" by="" the="" high-power="" itfs="" signal="" booster="" station.="" upon="" the="" submission="" of="" a="" certification="" of="" completion="" of="" construction="" on="" fcc="" form="" 330a="" of="" an="" itfs="" booster="" station="" applied="" for="" pursuant="" to="" paragraph="" (b)="" of="" this="" section,="" or="" upon="" the="" submission="" of="" an="" itfs="" booster="" station="" notification="" pursuant="" to="" paragraph="" (e)="" of="" this="" section,="" the="" itfs="" station="" whose="" channels="" are="" being="" reused="" by="" the="" itfs="" signal="" booster="" shall="" no="" longer="" be="" entitled="" to="" interference="" protection="" pursuant="" to="" secs.="" 21.902(i)="" and="" 21.938(b)(3)="" of="" this="" chapter="" and="" sec.="" 74.903="" within="" the="" booster="" service="" area="" based="" on="" the="" transmission="" parameters="" of="" the="" itfs="" station="" whose="" channels="" are="" being="" reused.="" a="" booster="" station="" shall="" not="" be="" entitled="" to="" protection="" from="" interference="" caused="" by="" facilities="" proposed="" on="" or="" prior="" to="" the="" day="" the="" application="" or="" notification="" for="" the="" booster="" station="" is="" filed.="" a="" booster="" station="" shall="" not="" be="" required="" to="" protect="" from="" interference="" facilities="" proposed="" on="" or="" after="" the="" day="" the="" application="" or="" notification="" for="" the="" booster="" station="" is="" filed.="" *="" *="" *="" *="" *="" (h)="" in="" the="" event="" any="" mds="" or="" itfs="" receive="" site="" suffers="" interference="" due="" to="" block="" downconverter="" overload,="" the="" licensee="" of="" each="" non-co/="" adjacent="" channel="" signal="" booster="" station="" within="" five="" miles="" of="" such="" receive="" site="" shall="" cooperate="" in="" good="" faith="" to="" expeditiously="" identify="" the="" source="" of="" the="" interference.="" each="" licensee="" of="" a="" signal="" booster="" station="" contributing="" to="" such="" interference="" shall="" bear="" the="" joint="" and="" several="" obligation="" to="" remedy="" promptly="" all="" interference="" resulting="" from="" block="" downconverter="" overload="" at="" any="" itfs="" registered="" receive="" site="" or="" at="" any="" receive="" site="" within="" an="" mds="" or="" itfs="" protected="" service="" area="" applied="" for="" prior="" to="" the="" submission="" of="" the="" application="" or="" notification="" for="" the="" signal="" booster="" station,="" regardless="" of="" whether="" the="" receive="" site="" suffering="" the="" interference="" was="" constructed="" prior="" to="" or="" after="" the="" construction="" of="" the="" signal="" booster="" station(s)="" causing="" the="" downconverter="" overload;="" provided,="" however,="" that="" the="" licensee="" of="" the="" registered="" itfs="" receive="" site="" or="" the="" mds="" or="" itfs="" protected="" service="" area="" must="" cooperate="" fully="" and="" in="" good="" faith="" with="" efforts="" by="" signal="" booster="" station="" licensees="" to="" prevent="" interference="" before="" constructing="" the="" signal="" booster="" station="" and/or="" to="" remedy="" interference="" that="" may="" occur.="" in="" the="" event="" that="" more="" than="" one="" signal="" booster="" station="" licensee="" contributes="" to="" block="" downconverter="" overload="" interference="" at="" an="" mds="" or="" itfs="" receive="" site,="" such="" licensees="" shall="" cooperate="" in="" good="" faith="" to="" remedy="" promptly="" the="" interference.="" 34.="" the="" alphabetical="" index="" to="" part="" 74="" is="" amended="" by="" adding="" under="" the="" heading="" ``itfs''="" a="" ``response="" stations="" hub''="" heading="" and="" adding="" ``response="" station="" hubs="" (itfs;="" individually="" licensed)''="" heading,="" to="" read="" as="" follows:="" alphabetical="" index--part="" 74="" *="" *="" *="" *="" *="" itfs--="" *="" *="" *="" *="" *="" response="" station="" hubs.....................................="" 74.939="" *="" *="" *="" *="" *="" response="" stations="" (itfs;="" individually="" licensed)...............="" 74.949="" *="" *="" *="" *="" *="" [[page="" 63745]]="" part="" 101--fixed="" microwave="" services="" 35.="" the="" authority="" for="" part="" 101="" continues="" to="" read="" as="" follows:="" authority:="" 47="" u.s.c.="" 154,="" 303,="" 309="" and="" 554.="" sec.="" 101.149="" [amended]="" 36.="" section="" 101.147="" is="" amended="" by="" removing="" the="" number="" (22)="" from="" the="" entries="" 2,150-2,160="" mhz="" (20)="" (22)="" and="" 2,650-2,690="" mhz="" (22)="" from="" the="" frequency="" assignments="" in="" paragraph="" (a).="" [fr="" doc.="" 99-29785="" filed="" 11-19-99;="" 8:45="" am]="" billing="" code="" 6712-01-p="">