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uXm2PG;XP%/qC:,ZbXq2pPG;XT1mC:,e#Xm2xjAG;XX&/qC:,reXq2x,G;X6jC:,MXj9 xOG;X2\K}KKdy{"i~'^))4OO}^ 117R)1))OOOOOOOOOO))RRRO^^ff^Xof)G^Owfo^of^Xf^^^X)))AO OOGOO)OO G wOOOO1G)OGfGGG1&1R1)R@111)111111O1X)^O^O^O^O^O}fG^O^O^O^O))))))))fOoOoOoOoOfOfOfOfO^G^OfOoXoO^GfO^O^O^O^OfGfGfRfGfX^O^O^O^OoOoOoOoRoOfRfO) 1X11)Xi>RR^GO O)O1O0O fOUfOfOoOoOf1f1f1^G^G^G^RX6X)X@fOfOfOfOfOfOf^RXGXGXGfOO1fO^GX1^OX(GO  WccccccccccccccccccccccccccccccccccccccccccccccccddddddddddddddddddddddddddddddddddddddddN3UU3MO1XOOOOO64wwO13iiOw011O11UOOWl3UU3QqqGG0G}0"^^^^llGlUGMGRUUG"i~'^#.C<J)J.J"VCTVCVCV<.<<<<(#,%3h>*f9 xr G;hXW!@(#,h@9 xOG;hddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8ppp2q X4 X    1. 1. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)Ҋ +` Before the w Federal Communications Commission  X'-Washington, D.C. 20554 ă In the Matter of) )  Xv4Amendment of Parts 1, 21 and 74 to Enable)MM Docket No. 97217 Multipoint Distribution Service)  XH4and Instructional Television Fixed)File No. RM9060 Service Licensees To Engage in Fixed) TwoWay Transmissions)   X '  NOTICE OF PROPOSED RULEMAKING \  X 4X` hp x (#%'0*,.8135@8:' x^ ("IVDS") operators obtained at auction a monopoly to provide certain twoway services that other providers, i.e.  x| MDS and ITFS licensees, could not. However, twoway service by MDS and ITFS operators was publicly discussed  {Ow ' x* and permitted before the IVDS auction took place in 1994. See, e.g., MDS Order, 45 FCC 2d at 617. Furthermore,  x the Commission has never promised the claimed monopoly and ISTA has not cited to any Commission pronouncements that established the claimed monopoly. Therefore, we reject ISTA's claims on this issue.  X_' A.` ` Revised Definition of MDS  X14 e  11.` ` Petitioners propose that we create a regulatory system authorizing the use of  xresponse stations and response station hubs to enable the twoway operation of wireless cable  x&systems. Response stations would be the means of transmission from a subscriber's premises and  xcould be implemented as separate transmitters or as parts of a transverter (combined transmitter  xand receiver) and could use either separate transmitting antennas for return paths or combined  x/transmitting/receiving antennas. Response station hubs would serve as the collection points for signals from the response stations in a multipointtopoint configuration for upstream signal flow.  Xy4 e  12.` ` Under our current regulatory scheme, MDS operators typically only provide two xNway service to subscribers using telephone return links or individually licensed subscriber  x3premises stations. This is an outgrowth of the basic oneway approach to MDS transmission from  xhwhich our current rules originated. We propose to expand the definition of the Multipoint  x_Distribution Service in Section 21.2 of our Rules to fully incorporate the concept of twoway transmission. The proposed definition would read:  e XX` ` Multipoint Distribution Service (MDS): A domestic public radio  e )service rendered on microwave frequencies from one or more fixed  e sstations transmitting to multiple receiving facilities located at fixed  e points and/or from multiple Multipoint Distribution Service response stations transmitting to response station hubs.x`  xThis changed definition is representative of the reorientation of the regulatory approach to MDS,  xfrom that of an essentially oneway service with twoway service permitted on a limited basis,  xto a fully flexible service in which licensees can provide either oneway or twoway service in  x3response to the demands of the competitive marketplace. We solicit comment on this new service paradigm.  X 4 e  13.` ` As fully set out in Appendix C, we also propose to amend the definition for a  xI"Multipoint distribution service response station" to indicate that licensees would be permitted to  xputilize all or part of any 6 MHz MDS or ITFS channel as a response channel consistent with the other technical and service rules proposed herein. The proposed definition would read as follows:"#,**!"Ԍ e ԙXX` ` Multipoint Distribution Service response station. A fixed station  e operated by an MDS licensee, the lessee of MDS channel capacity  e  or a subscriber of either to communicate with a response station  e hub or associated MDS station. A response station under this part  e fmay share facilities with other MDS response stations and/or one  e or more Instructional Television Fixed Service (ITFS) response stations authorized pursuant to 74.939.x`  xCommenter Caritas Telecommunications, Inc. ("Caritas") has proposed that we limit the  xcavailability of response channels to MDS channels 1, 2, and 2A, converting those channels from  xthe current use for pointtomultipoint transmissions to subscribers' homes to use for transmission  x return paths. We tentatively decline to adopt this counter-proposal and agree with Petitioners that  xEit would both artificially limit the amount of spectrum that could be used for return paths and  xcunnecessarily prevent ITFS licensees from using their own channels for return paths. In regard  xto Caritas' belief that its proposal would provide protection from harmful interference, we believe  xthat such protection can be achieved in other ways, as discussed more fully below. We solicit  x8comments on our proposals regarding the expanded definition of response stations, including  xprovision for transmissions on all available MDS and ITFS channels, and on Caritas' counter-proposal.  X44 e e 14.` ` A key element of Petitioners' proposal is the use of "response station hubs,"  x"facilities that would receive the transmissions of response stations. These hubs are intended to  xpermit MDS response stations to operate at lower power because the response stations hubs will  x3be located closer to subscriber premises than are current transmitter sites. The hubs are expected  xto improve service reliability and permit greater frequency reuse than if each subscriber were  xrequired to communicate directly with their current primary transmitter site. We therefore propose to add the following definition:  e XX` ` Response station hub. A fixed facility licensed for use in  e accordance with  21.909 that is operated by an MDS licensee or  e .the lessee of an MDS facility for the reception of information  e %transmitted by one or more MDS response stations. A response  e fstation hub licensed under this part may share facilities with other  e MDS response station hubs and/or ITFS response station hubs authorized pursuant to  74.939.x`  xThe Petitioners suggest that channels adjacent to the channels received at response station  xlocations most probably will be used for response station transmissions. Since the adjacent  xchannels used in a wireless cable system are usually assigned to different licensees as a result of  x+the interleaved channel allocation pattern in the 2.5 GHz band, it is likely that most hubs and  xassociated response stations will be facilities shared by multiple licensees. In other words, a  xVresponse station hub and associated response stations will operate under multiple authorizations,  xwhich will be identical in all respects other than in the name of the licensee and the authorized channels of operation. We seek comment on the proposed revised definition and its implications.  X(4 e 15.` ` We also propose to expand the definition for "signal booster stations" such that it  xwill be clear that those stations would be authorized to originate transmissions, as well as to relay"),**'"  x<transmissions from other stations. As envisioned by Petitioners, booster stations would be used  xto cellularize wireless cable operations, which now may operate in areas too large to be served  xby a single station. Permitting boosters to originate as well as relay programming would facilitate  xfrequency reuse cellular configurations and twoway high speed Internet access and other services.  xThe location restriction in the current definition would be removed because it unnecessarily  xduplicates a restriction already contained in  21.913 that is retained essentially intact. The proposed definition would read:  e ^XX` ` Signal booster station. An MDS station licensed for use in  e Uaccordance with  21.913 that operates on one or more MDS  e channels. Signal booster stations are intended to augment service  e %as part of a distributed transmission system where signal booster  e stations retransmit the signals of one or more MDS stations and/or  e originate transmissions on MDS channels. A signal booster station  e licensed under this part may share facilities with other MDS signal  e booster stations and/or one or more ITFS signal booster stations authorized pursuant to  74.985.x`  xWe seek comment on the definition and the proposal to expand the role of booster stations in this manner.  X' B.` ` Technical Standards (#`  X'` ` 1. Channelization ` `  X4 e i16.` ` Petitioners request that we permit flexible subchannelization of MDS and ITFS  X4 xhchannels, i.e., the division of a channel of a particular bandwidth into multiple channels of  xRsmaller bandwidth. Currently, licensees are assigned standard 6 MHz channels for pointto xmultipoint transmission of video signals and associated audio signals; response channels of 125  xkHz bandwidth are available for return path use. A paired response channel is available for each  XP4 xITFS channel and for E and F MDS channel groups. In the Digital Declaratory Ruling, we  xpermitted the use of digital emissions in order to allow licensees to take advantage of the fact that  xRsuch emissions could facilitate the transmission of multiple video and audio signals within the  X 4 x&6 MHz bandwidth. However, licensees were not permitted by the Digital Declaratory Ruling to  xcalter in any way the overall bandwidth limitations applicable to the channels in use (for example,  xpower level in interference analysis), despite the fact that a single channel of video and associated  xaudio, transmitted by either of these digital emissions, would occupy no more than a fraction of a full 6 MHz channel.  X#4 e 17.` ` Petitioners point out that subchannelization would permit them to use their  xauthorized spectrum more effectively, in that it allows more efficient channel reuse within a given  xservice area, and can be used to control the number of response stations operating within a  xchannel and optimize transmitter data rates commensurate with the particular communications  xhservice being provided. Petitioners suggest that code division multiple access ("CDMA")  xemissions could facilitate the use of 4 or 5 channels of 1.25 to 1.5 MHz bandwidth each within  xa single 6 MHz channel for relatively low data rates, while Quadrature Phase Shift Keying  x("QPSK") and Quadrature Amplitude Modulation ("QAM") could accommodate higher data rates"),**'"  xAusing multiple channels within a 6 MHz channel. With respect to 125 kHz channels now  xavailable for response use, Petitioners believe that subdivision of these channels should also be  x<permitted, although such new subchannels would be limited to relatively low data rates because  xof their very narrow bandwidth. To make possible the use of spectral density analysis, for  x example, in interference analysis involving subchannels, Petitioners ask that proposed subchannels  xcand superchannels be limited to digital transmissions with uniform spectral power density across  Xv4the 6 MHz channel width.,0Í,0ÍÍgv" {O' x "X` hp x (#%'0*,.8135@8: 9 dBW), based  XM4 xon laboratory tests done in connection with the Digital Declaratory Ruling showing that  xIsatisfactory performance and interference protection could be achieved with the relaxed levels.  X!4 x(See proposed Section 21.908(b), Appendix C.) For a response station using digital emissions  xin all or part of a 6 MHz channel, Petitioners propose a spectral mask requiring attenuation of  xthe emission by 38 dB at the upper and lower edges of the 6 MHz channel (irrespective of actual  xybandwidth used), with linearly sloping attenuation to 60 dB at points 3 MHz above and below  x+the 6 MHz channel and beyond. In addition, Petitioners suggest that it may be necessary to  x<employ guardbands to meet the proposed spectral mask, which they indicate might be helpful in  xproviding a basis for type acceptance of response station transmitters. For a response station  xusing digital emissions contiguously over more than one 6 MHz channel, Petitioners propose a  xspectral mask requiring 38 dB attenuation of the emission at the upper and lower edges of the  xsuperchannel, with linearly sloping attenuation to 60 dB at points 3 MHz above and below the  x/superchannel and beyond. As an exception to the spectral masks for response stations utilizing  xone or more of the 125 kHz response channels, Petitioners would permit discrete spurious  xemissions above the upper and below the lower authorized channel edges provided that: (1) each  x spur was attenuated below the average power of the emission by at least 40 dB; (2) no more than  xIa single spur occurred each 10 MHz within 50 MHz of the channel upper and lower edges; and  xN(3) no spurs occurred beyond 50 MHz of the upper and lower channel edges. We solicit comment on Petitioners' proposals.  X#4 e 23.` ` For all spectral mask calculations involving digital emissions, Petitioners request  Xn$4 xthat the average power of the emission across its bandwidth be used, as was done in the Digital"n$ ,**""  X4 xDeclaratory Ruling waiver, where we stated that digital emissions will be authorized with an  xaverage power level (EIRP) equal to the peak visual power (EIRP) of analog transmissions. At  xthe same time, we also required that steps be taken when using digital emissions to ensure  xsubstantially uniform power density across the bandwidth in use, including at times when no data  xinput signal is present to modulate the transmitter. For digital emissions on sub and  xVsuperchannels, Petitioners would require that transmitted power be distributed uniformly in such  Xx4 xa way that the power per unit of bandwidth is always constant.fx=" yO' x "X` hp x (#%'0*,.8135@8:&4 !stations of particular classes in proximity to it, i.e., in the final analysis, all of the response station  !transmitters of all classes and their associated antennas would be presumed (for calculation  !purposes) to be sited at the grid point coordinates to which they are nearest. For each class of  !response station assigned to a grid point (multiple classes could share the same grid points), a set  !of worstcase assumptions would be made concerning the transmitting antenna radiation pattern,")(,**'"  X4 !transmitter power (EIRP) and antenna height.,0ÍÍ,0Íu)p=" yOy' xU "X` hp x (#%'0*,.8135@8:/=" {Ok!' !R "X` hp x (#%'0*,.8135@8: These commenters argue that Petitioners' proposal would increase the burden on ITFS  !licensees to monitor and evaluate ITFS and MDS filings. This would result in a particular burden  !Aon these ITFS licensees because of the limited technical, legal and financial resources of  !Aeducational institutions. These commenters are particularly concerned that they or other  !educational institutions may find themselves pressured or coerced by neighboring licensees or  !hstrong wireless cable operators, in part because those parties would control access to the  !information needed to adequately evaluate the impact of any particular service proposal. We solicit further comment on this issue and especially solicit comment from small ITFS operators. ":&/,**i$"Ԍ X4 ( 251.` ` Relatedly, commenter ComSpec has raised concerns regarding the availability to  !other affected parties of information concerning agreements between adjoining licensees.  !ComSpec urges that we require parties to inform us of changes in the technical parameters of  !their response station hub receiving antenna systems and specify any such changes. Commenter  X4 !cNortheastern urges that a database be maintained containing the actual operating parameters of  !every MDS and ITFS system so that third parties may be able to determine how new applications  !might affect existing stations. We solicit comment on these proposals of ComSpec and Northeastern.  X14 ( \352.` ` We tentatively propose the following processing rules, taking into consideration  !the concerns of the various commenters. Under these rules, applicants would file an original and  !utwo copies of their system proposal and serve a copy of the proposal on any party whose  !MDS/ITFS interests may be affected by the proposal. A complete application would then be  !placed on public notice for a 60day initial comment period. Prior to the expiration of the 60day  !pperiod, interested parties could file comments, petitions to deny or requests for extension of time  !Eto file comments or petitions to deny. Although it is our policy that requests for extension of  X4 !time shall not be granted,0= yO 'X` hp x (#%'0*,.8135@8:63.` ` Some ITFS commenters also claim that the Petition overemphasizes the financial  !benefits to ITFS licensees which Petitioners anticipate will result from the proposed rule changes.  !Pace, for instance, insists that any changes to the rules must promote educational use of ITFS  !spectrum over the financial benefits which may accrue through leasing of ITFS channels. In  X#4 !addition, WebCel, a prospective bidder in the upcoming LMDS auctions, charges that the leasing"#B',** ""  !of ITFS channels "has increasingly supplanted the public interest aspect of ITFS in favor of  !commercial subsidies, an erosion that would become virtually complete" if the Commission  !implements the rule changes proposed in the Petition. Other ITFS commenters, however, tout  !the importance of the potential financial benefits to ITFS licensees. Thirtythree applicants for  !pITFS facilities in North Carolina, each of whom filed separate but identical comments, comment  !that a system integrating video and twoway digital services will attract more subscribers, thereby  !increasing overall revenue and fees due to ITFS licensees, and ITFS licensees will be able to use  !this additional income to provide much needed services for their students. CMPBA believes that  !the Petition strikes proper balances, and concedes that the ITFS community "has come to rely  !substantially on its commercial partners." Without a commercially viable wireless cable industry,  !CMPBA adds, the deployment of ITFS spectrum would become much less broad in scope and purpose.  X 4 ( ?64.` ` The Archdiocese notes how planned lease agreements for its ITFS channels will  !enable it to finance the extension of its programming to its schools and parishes in outlying  !counties. We believe that enhancing the competitive viability of wireless cable service through  !/maximization of flexibility and service offerings promotes the underlying educational purpose of  !ITFS. The growth of wireless cable has led to the continued development of ITFS by supporting  Xb4 !3and funding approximately 95 percent of all new ITFS applicants.*(b= {O'X` hp x (#%'0*,.8135@8:HP#Í Second Report and Order, 101 FCC 2d at 91.. We see no reason to change our position on this issue and seek comment on this issue.  X4 ( 1V87.` ` SW&M also proposes that in order to protect the rights of incumbent ITFS  X4 !Vlicenses, the Commission require that leases approved or submitted under the previous rules "be  !amended to make clear that the wireless cable lessee and the ITFS licensee have together  !<considered the rule changes adopted and made any appropriate changes to lease terms, prior to  !Wthe commencement of commercial operations on the frequencies using cellularization,  !<sectorization or differing channelization plans." Petitioners oppose this proposal, stating that the  !"parties to the excess capacity lease agreements, and not the Commission are best positioned to  !/determine whether proposed system changes require contract revisions. Accordingly, we seek  !comment on SW&M's proposal. We also seek comment on what impact the proposed rule  !changes would have on our requirements regarding excess capacity lease agreements. For  !example, the Commission has consistently maintained an ITFS licensee should be permitted to  !hpurchase the ITFS equipment necessary to maintain its operation in the event the lease is  X 4 !+terminated.H> Z= {O'X` hp x (#%'0*,.8135@8:,**#"  !it is proposed that the Commission's records will reflect who is transmitting on what channels at all times, the burdens of the call sign transmission requirement far outweigh the benefits.  X4 ( X89.` ` In the Digital Declaratory Ruling, we declined to waive the call sign transmission  X4 !requirements for ITFS stations employing digital technology, instead deferring consideration of  !cthe wisdom of continuation of these requirements until a future rulemaking proceeding. We did,  Xx4 !however, allow that "the burdens of requiring ITFS licensees to transmit call signs may outweigh  !the benefits, especially where the channels are leased to a wireless cable operator, whose identity  XL4 !is readily discernible and whose licensing status is readily ascertainable."4?L= {O 'X` hp x (#%'0*,.8135@8:K,**'" response station shall not operate at an excess of 18 dBW EIRP without a demonstration that no interference shall occur from that facility operating at a higher power level; and (3) Each MDS response station shall employ a transmission antenna oriented towards the response station hub with which the MDS response station communicates, and such antenna shall be no less directional than the worst case outer envelope pattern specified in the application for the response station hub pursuant to 21.909(c)(2)(i)(D) for the regional class of characteristics with which the response station is associated; and (4) The combined out-of-band emissions of all response stations using all or part of a 6 MHz channel and employing digital modulation shall comply with 21.908(b). The combined out-of-band emissions of all response stations using a 125 kHz channel shall comply with 21.909(j). However, should harmful interference occur as a result of emissions outside the assigned channel, additional attenuation may be required; and (5) The response stations transmitting simultaneously at any time within any given region of the response service area utilized for purposes of analyzing the potential for interference by response stations shall conform to the numerical limits for each class of response station proposed in the application for the response station hub authorization. Notwithstanding the foregoing, the licensee of a response station hub authorization may alter the number of response stations of any class operated simultaneously in a given region without prior Commission authorization, provided that the licensee first notifies the Commission of the altered number of response stations of such class(es) to be operated simultaneously in such region, provides the Commission with an analysis establishing that such alteration will not result in any increase in electrical interference to any existing or proposed MDS or ITFS station, booster station or response station hub or to any MDS Basic Trading Area or Partitioned Service Area authorization holder entitled to protection pursuant to 21.909(c)(3), or that the applicant or licensee of such facility has consented to such interference, and serves a copy of such notification and analysis upon each party entitled to be served pursuant to 21.909(c)(4); and (6) The height employed at any location shall not exceed the criteria set forth in 17.7 of this chapter. (g) The response channels associated with Channels E3, E4, F3, F4, H1, H2 and H3 are allocated to the private operational-fixed service (Part 101). (h) Commencing upon the filing of an application for an MDS response station hub authorization and until such time as the application is dismissed or denied or, if the application is granted, a certificate of completion of construction is filed, the incumbent MDS station whose channels are being utilized shall be entitled both to interference protection pursuant to 21.902(b)(3) and (4) and 21.938(b)(2) and to protection of the response station hub pursuant to the following provisions of this subsection. Upon the filing of a certificate of completion of construction for an MDS response station hub where the channels of an incumbent MDS station are being utilized, unless the application for the response station hub authorization specifies that the same frequencies will be employed for point-to-multipoint transmissions by MDS stations and/or MDS booster stations, the incumbent MDS station")?K,**'" whose channels are being utilized shall no longer be entitled to interference protection pursuant to 21.902(b)(3) and (4) and 21.938(b)(2) within the response service area with regard to any portion of any 6 MHz channel employed solely for response station communications. In such situations, in lieu of the requirements set forth in 21.902, 21.938(b)(2) and 74.903, an applicant for any new or modified MDS or ITFS station (including any response station or booster station) shall be required to demonstrate that the predicted desired to undesired signal ratio at each response station hub to which the proposed new or modified MDS or ITFS station has an unobstructed signal path will be at least 45 dB cochannel or 0 dB adjacent channel (or the appropriately adjusted values based upon the ratios of the channel-to-subchannel bandwidths) as a result of the new or modified MDS or ITFS station. In making such demonstration, the applicant shall assume installation of an omnidirectional unity gain plane-polarized receive antenna mounted with its centerline as specified in the application for the response station hub in lieu of the reference antenna specified in 21.902 and 74.903. Upon the certification of completion of construction of an MDS response station hub where the channels of an incumbent MDS station are being utilized and the application for the response station hub authorization specifies that the same frequencies will be employed for point-to-multipoint transmissions, the incumbent MDS station whose channels are being utilized shall be entitled both to interference protection pursuant to 21.902(b)(3) and (4) and 21.938(b)(2) and to protection of the response station hub pursuant to the preceding provisions of this subsection. (i) For purposes of 21.11, 21.38, 21.39, 21.43 - 21.45, and 21.303 of this Part, an MDS response station hub authorization shall be deemed a license and subject to the requirements of those sections as if such authorization were a license. (j) 125 kHz wide response channels shall be subject to the following requirements: The 125 kHz wide channel shall be centered at the assigned frequency. If amplitude modulation is used, the carrier shall not be modulated in excess of 100%. If frequency modulation is used,  X|4the deviation shall not exceed  25 kHz. Any emissions outside the channel shall be attenuated at the channel edges at least 35 dB below peak output power when analog modulation is employed or 35 dB below average output power when digital modulation is employed (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths). Any emissions more than 125 kHz from either channel edge, including harmonics, shall be attenuated at least 60 dB below peak output power when analog modulation is employed or 60 dB below average output power when digital modulation is employed (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths). Notwithstanding the foregoing, in situations where adjacent channel licensees jointly transmit over more than one channel utilizing digital modulation, the maximum out-of-band power shall be 35 dB attenuation relative to the licensed average power level of each channel at the channel edges of those combined channels. Emissions more than 125 kHz from either edge of the combined channels, including harmonics, shall be attenuated at least 60 dB below peak analog power or average digital power of each channel, as appropriate. Notwithstanding the foregoing, the out-of-band power for discrete spurious signals above the upper and below the lower channel edge shall not be less than 40 dB attenuation, provided that such signals occur no more frequently than once in any 10 MHz within 50 MHz of a channel edge and none occur more than 50 MHz from a channel edge). Different types of emissions may be authorized for use")@K,**'" on 125 kHz wide channels if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the modulation selected will cause no more interference than is permitted under this subsection. Greater attenuation may be required if interference is caused by out-of-channel emissions. (k) The transmitter of a response station may be operated unattended. The overall performance of the response station transmitter shall be checked 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 associated response station transmitters at all times. The transmitters shall be installed and protected in such manner as to prevent tampering or operation by unauthorized persons. (l) The transmitting apparatus employed at MDS response stations shall have received type acceptance. (m) An MDS response station shall be operated only when engaged in communication with its associated MDS response station hub or MDS station, or for necessary equipment or system tests and adjustments. Radiation of an unmodulated carrier and other unnecessary transmissions are forbidden. Note 1: Calculations required under this rule shall be performed in accordance with Method  X4For Predicting Accumulated Signal Power From a Multiplicity of Statistically-located Transmitters as published as Appendix __ to the [cite to the Report and Order adopting proposed rules]. 18. Section 21.913 would be revised in its entirety to read as follows:  X4 21.913 Signal booster stations. (a) Authorizations for Multipoint Distribution Service (MDS) booster stations may be granted to an MDS conditional licensee or licensee, or to a third party with a fully-executed lease or consent agreement with an MDS conditional licensee or licensee. An MDS booster station may reuse channels to repeat the signals of MDS stations or for the origination of signals on MDS channels. An MDS booster station authorized pursuant to subsection (b) may only be licensed to an MDS licensee or conditional licensee, and may operate only on one or more MDS channels that are licensed to the licensee of the MDS booster station. An MDS booster station authorized pursuant to subsection (e) may be licensed to an MDS licensee or conditional licensee or to a third party with a fully-executed lease or consent agreement with an MDS conditional licensee or licensee, and may operate only on one or more MDS channels that are licensed to or leased by the licensee of the MDS booster station. No booster station may be authorized for the reuse of channels authorized to an MDS station without the written consent of the licensee of the station whose channels are reused, and such consent must be included with the booster station application. The aggregate power flux density generated by an MDS station and all associated signal booster stations may not exceed -73 dBW/m (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at or beyond the boundaries of the protected service area of any MDS station whose channel is being reused, as measured at locations for which there")AK,**'" is an unobstructed signal path, unless the consent of the adjoining cochannel protected service area licensee is obtained. (b) Any eligible party under 21.913(a) may secure an authorization for an MDS signal booster that has a maximum power level in excess of -9 dBW EIRP (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) by submitting an application on FCC Form 304 and including, in addition to the requirements of that form; (1) A demonstration that the proposed booster station site is within the protected service area, as defined in 21.902(d), 21.933 and 74.903(d), of every incumbent MDS or ITFS stations 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 at or beyond the boundary of the protected service areas of the MDS station whose channels are to be reused does not exceed -73.0 dBW/m (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at locations for which there is an unobstructed signal path unless the consent of the adjoining protected service area licensee has been obtained; and (3) In lieu of the requirements of 21.902(c) and (i), a study which demonstrates that the proposed booster station will cause no harmful interference to co-channel and adjacent-channel existing or previously-proposed ITFS and MDS stations with protected service area center coordinates as specified in 21.902(d) or, in the case of ITFS stations without protected service areas, transmitters, within 160.9 kilometers (100 miles) of the proposed booster station's transmitter site, or any ITFS or MDS response station hubs or booster stations within 160.94 kilometers (100 miles) of the proposed booster station s transmitter site. In the alternative, a statement from the MDS or ITFS permittee, licensee or conditional licensee stating that it does not object to operation of the MDS signal booster station may be submitted; and (4) A written consent statement of the licensee of each MDS and ITFS station whose channel is reused; and (5) A specification of the area to be served by the booster (the booster service area ), which may not overlap the booster service area of any other booster authorized to or proposed by the applicant; and (6) A demonstration either ` ` (i) that the booster service area is entirely within the protected service area to which each licensee of a station whose channels are being reused 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 "(BK,**&"Ԍ` `  (B) by virtue of its holding a Basic Trading Area or Partitioned Service Area authorization; or ` ` (ii) that the licensee entitled to any protected service area which is overlapped by the proposed booster service area has consented to such overlap; and (7) A demonstration that the proposed booster service area can be served by the proposed booster without interference; and (8) A certification that copies of the materials set forth in this 21.913(b) have been served upon the licensee, conditional licensee or permittee of each station (including each response station hub and booster station) required to be studied pursuant to 21.913(b)(3) and the holder of any Basic Trading Area or Partitioned Service Area authorization adjoining the proposed booster service area. (c) Notwithstanding the provisions of 21.901(d)(4) and except as provided in 21.27(d), applications for booster station authorizations may be filed at any time. Notwithstanding any other provision of Part 21 (including 21.31), applications for booster authorizations meeting the requirements of 21.913(b) shall cut-off applications that are filed on a subsequent day for facilities that would cause harmful electromagnetic interference to the proposed booster stations. A booster station shall not be entitled to protection from interference caused by facilities proposed on or prior to the day the application for the booster station authorization is filed. Booster stations shall not be required to protect from interference facilities proposed on or after the day the application for the booster station authorization is filed. (d) Notwithstanding the provisions of 21.30(b)(4), any petition to deny an application for a booster station authorization shall be filed no later than the sixtieth (60th) day after the date of public notice announcing the filing of such application or major amendment thereto. (e) An eligible party pursuant to 21.913(a) may install and commence operation of a signal booster station that has a maximum power level of -9 dBW EIRP (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths), subject to the condition that for sixty (60) days after installation, no objection or petition to deny is filed by an authorized co-channel or adjacent-channel ITFS or MDS station with a transmitter within 8.0 kilometers (5 miles) of the coordinates of the signal booster. An eligible party pursuant to 21.913(a) seeking to install a signal booster under this rule must, within 48 hours after installation, submit (1) a description of the signal booster technical specifications (including an antenna envelope plot or, if the envelope plot is on file with the Commission, the make and model of the antenna, antenna gain and azimuth), the coordinates of the booster, the height of the center of radiation above mean sea level, the street address of the signal booster and a description of the area to be served by the signal booster (the booster service area ), (2) a demonstration that the booster service area is entirely within the protected service area to which each licensee of a station whose channels are being reused is entitled either")CK,**'"Ԍ` ` (i) by virtue of its being the licensee of an incumbent MDS station whose channels are being converted for MDS response station use, or ` ` (ii) by virtue of its holding a Basic Trading Area or Partitioned Service Area authorization, or, in the alternative, that the licensee entitled to any protected service area which is overlapped by the proposed booster service area has consented to such overlap; and a demonstration that the proposed booster service area can be served by the proposed booster without interference; (3) either a certification that no Federal Aviation Administration determination of No Hazard to Air Navigation is required under Part 17 of this chapter or, if such determination is required, either: ` ` (i) a statement of the FCC Antenna Structure Registration Number; or ` ` (ii) if an FCC Antenna Structure Registration Number has not been assigned for the antenna structure, the filer must indicate the date the application by the antenna structure owner to registered the antenna structure was filed with the FCC in accordance with Part 17 of this chapter. and (4) a certification that: ` ` (i) The maximum power level of the signal booster transmitter does not exceed -9 dBW EIRP (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths); and ` ` (ii) No registered receiver of an ITFS E or F channel station, constructed prior to May 26, 1983, is located within a 1.61 km (1 mile) radius of the coordinates of the booster, or in the alternative, that a consent statement has been obtained from the affected ITFS licensee; and ` ` (iii) No environmental assessment location as defined at 1.1307 of this chapter is affected by installation and/or operation of the signal booster; and ` ` (iv) Each MDS and/or ITFS station licensee (including the licensees of booster stations and response station hubs) with protected service areas or registered receivers within a 8.0 km (5 mile) radius of the coordinates of the booster has been given notice of its installation; and ` ` (v) Consent has been obtained from each MDS station licensee whose signal is reused by the signal booster; and ` ` (vi) The signal booster site is within the protected service area of the MDS stations whose channels are to be reused, and ` ` (vii) The aggregate power flux density of the MDS stations to be reused and their associated booster stations at or beyond the boundary of the protected service areas of")DK,**'"  X4the MDS stations to be reused does not exceed -73.0 dBW/m2 (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at locations for which there is an unobstructed signal path; and, ` ` (viii) The MDS booster station filer understands and agrees that in the event harmful interference is claimed by the filing of an objection or petition to deny, the licensee must terminate operation within two (2) hours of written notification by the Commission, and must not recommence operation until receipt of written authorization to do so by the Commission. (f) An applicant for any new or modified MDS or ITFS station (including a response station hub authorization or a booster station) shall demonstrate compliance with the desired to undesired signal ratio protected service area protection requirements set forth in 21.902, 21.938 and 74.903 with respect to the portion of any previously proposed or authorized booster service area that is within the protected service area of a primary incumbent MDS station by using the transmission parameters of the MDS booster station (including EIRP, polarization(s) and antenna height) with respect to those channels authorized to an incumbent MDS station that are being reused. Upon the filing of a certification of completion of construction for an MDS booster station applied for pursuant to 21.913(b) or upon the filing of an MDS booster station notification pursuant to 21.913(e), each incumbent MDS station whose channels are being reused by the MDS signal booster shall no longer be entitled to interference protection pursuant to 21.902(b)(3) and (4), 21.938(b)(2) and (3) and 74.903 within the booster service area based on the transmission parameters of the incumbent MDS 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. Booster stations 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. 20. In Section 21.925, paragraph (b) would be revised to read as follows:  X7' 21.925 Applications for BTA authorizations and MDS station licenses. * * * * * (b) Separate long-form applications must be filed for each individual MDS station license sought within the protected service area of a BTA or PSA, including: (1) an application for each E-channel group, F-channel group, and single H, 1, and 2A channel station license sought; (2) an application for each MDS response station hub authorization sought; (3) an application for each MDS booster station that will operate with an EIRP in excess of -9 dBW (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths); and ")EK,**'"Ԍ(4) an application for authority to operate at an MDS station in the area vacated by an MDS station incumbent that has forfeited its station license; and (5) an application for each ITFS-channel group station license sought in accordance with 74.990 and 74.991. * * * * * 21. In Section 21.938, paragraph (b) would be revised to read as follows:  X ' 21.938 BTA and PSA technical and interference provisions. * * * * * (b) Unless the affected parties have executed a written interference agreement in accordance with 21.937, and subject to the provisions of 21.909, 21.913, 74.939 and 74.985 regarding the protection of response station hubs and booster stations from harmful electromagnetic interference, stations licensed to a BTA or PSA authorization holder must not cause harmful electromagnetic interference to the following: (1) the protected service area of other authorization holders in adjoining BTAs or PSAs. (2) the 56.33 km (35 mile) protected service areas of authorized or previously proposed MDS stations (incumbents). (3) registered receive sites and protected service areas of authorized or previously proposed stations in the Instructional Television Fixed Service pursuant to the manner in which interference is defined in 74.903(a). * * * * *  X ' PART 74 EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND  X 'OTHER PROGRAM DISTRIBUTION SERVICES 22. The authority citation for Part 74 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334. 23. Section 74.901 would be revised by amending the definition of an ITFS response station and by adding definitions for Response station hub and Signal booster station to read as follows:  X#'' 74.901 Definitions. * * * * * ")FK,**'"Ԍ X4ITFS response station. A fixed station operated by an ITFS licensee, the lessee of ITFS channel capacity or a subscriber of either to communicate with a response station hub or associated ITFS station. A response station under this part may share facilities with other ITFS response stations and/or one or more Multipoint Distribution Service (MDS) response stations authorized pursuant to 21.909. * * * * *  XJ4Response Station Hub. A fixed facility licensed to an ITFS licensee and operated by an ITFS licensee or the lessee of an ITFS channel for the reception of information transmitted by one or more ITFS or MDS response stations. A response station licensed under this part may share facilities with other ITFS response station hubs and/or one or more MDS response station hubs authorized pursuant to 21.909. * * * * *  X4Signal Booster Station. An ITFS station licensed for use in accordance with 74.985 that operates on one or more ITFS channels. Signal booster stations are intended to augment service as part of a distributed transmission system where signal booster stations retransmit the signal of an ITFS station and/or originate information. A signal booster station licensed under this part may share facilities with other ITFS signal booster stations and/or one or more MDS signal booster stations authorized pursuant to 21.913. * * * * * 24. In Section 74.902, paragraphs (c) and (d) would be amended to read as follows:  X' 74.902 Frequency assignments. * * * * * (c) Channels 25962602, 26022608, 26082614, 26142620, 26202626, 26262632, 26322638, and 26382644 MHz and the corresponding 125 kHz channels listed in 74.939(i) are shared with the Multipoint Distribution Service. No new Instructional Television Fixed Service applications for these channels filed after May 25, 1983 will be accepted. In those areas where Multipoint Distribution Service use of these channels is allowed pursuant to 21.902, Instructional Television Fixed Service users of these channels will continue to be afforded protection from harmful cochannel and adjacent channel interference from Multipoint Distribution Service stations.  Xn$4(d)(1) A licensee is limited to the assignment of no more than four 6 MHz and four 125 kHz channels for use in a single area of operation, all of which should be selected from the same Group listed in paragraph (a) of this section unless good cause to utilize channels from multiple Groups is shown. An area of operation is defined as the area 20 miles or less from the ITFS transmitter. Applicants shall not apply for more channels than they intend to construct within a reasonable time, simply for the purpose of reserving additional channels. The number of channels authorized to an applicant will be based on the demonstration of need")GK,**'" for the number of channels requested. The Commission will take into consideration such factors as the amount of use of any currently assigned channels and the amount of proposed use of each channel requested, the amount of, and justification for, any repetition in the schedules, and the overall demand and availability of ITFS channels in the community. For those applicant organizations formed for the purpose of serving accredited institutional or governmental organizations, evaluation of the need will only consider service to those specified receive sites which submitted supporting documentation pursuant to 74.932(a)(4). (2) An applicant leasing excess capacity and proposing a schedule which complies in all respects with the requirements of 74.931(e) will have presumptively demonstrated need, in accordance with paragraph (d)(1) of this section, for no more than four channels. This presumption is rebuttable by demonstrating that the application does not propose to comport with our educational programming requirements, that is, to transmit some formal educational programming, as defined in 74.931(a), and to transmit the requisite minimum programming of 74.931(e) for genuinely educational purposes and to receive sites when students are there. * * * * * 25. In Section 74.903, paragraph (a)(3) would be amended and paragraph (b)(6) would be added to read as follows:  X' 74.903 Interference. (a) * * * (3) For purposes of this section and except as set forth in 74.939 regarding the protection of response station hubs, all interference calculations involving receive antenna performance shall use the reference antenna characteristics shown in Figure 1, 74.937(a) or, in the alternative, utilize the actual pattern characteristics of the antenna in use at the receive site under study. If the actual receive antenna pattern is utilized, the applicant must submit complete details including manufacturer, model number(s), co-polar and cross-polar gain patterns, and other pertinent data. * * * * * (b) * * * (6) Special rules relating to response service areas and booster service areas are set forth in 21.909, 21.913, 74.939 and 74.985. To the extent those special rules are inconsistent with any rules set forth above, those special rules shall control. * * * * * 26. In Section 74.911, paragraph (a)(1) would be amended and a new paragraph (e) would be added to read as follows:  X)' 74.911 Processing of ITFS station applications. ")HK,**'"Ԍ(a) * * * (1) In the first group are applications for new stations or major changes in the facilities of authorized stations. These applications are subject to the provisions of paragraph (c) of this section. A major change for an ITFS station will be any proposal to add new channels, change from one channel (or channel group) to another, 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. Applications submitted pursuant to 74.939 and 74.985 shall not be considered major change applications. However, the Commission may, within 15 days after the acceptance of an application, or 15 days after the acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change, and subject to the provisions of paragraph (c) of this section. * * * * * (e) Notwithstanding any other provisions of this Part 74, effective as of [date of adoption of new rules], there shall be one one-week window at such time as the Commission shall announce by public notice for the filing of applications for booster stations and response station hub authorizations, during which all applications shall be deemed to have been filed as of the same day for purposes of 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 (including facilities proposed during the window) absent consent of the applicant for 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. 27. In Section 74.912, paragraph (a) would be revised to read as follows:  X ' 74.912 Petitions to deny. (a) Any party in interest may file with the Commission a petition to deny any application for new facilities or major changes in the facilities of authorized stations, provided such petitions are filed by the date established pursuant to the cut-off provisions of 74.911(c). In the case of all other applications, except those excluded under Section 309(c) of the Communications Act of 1934, as amended, and except as provided in 74.939 and 74.985, petitions to deny must be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the applications. In the case of applications for renewal of license, petitions to deny may be filed after the issuance of a public notice of acceptance for filing of the applications and up until the first day of the last full calendar month of the expiring license term. Any party in interest may file with the Commission a petition to deny any notification regarding ITFS booster stations within the 60 day period provided for in 74.985(e). ")IK,**'"Ԍ* * * * * 28. In Section 74.931, paragraphs (a)(1), (b) and (e) would be revised to read as follows:  X' 74.931 Purpose and permissible service. (a)(1) Instructional television fixed stations are intended primarily to provide a formal educational and cultural development in aural and visual form, to students enrolled in accredited public and private schools, colleges and universities. Authorized instructional television fixed station channels must be used to transmit formal educational programming offered for credit to enrolled students of accredited schools or for response channels employed in connection with formal educational courses offered for credit to enrolled students of accredited schools, with limited exceptions as set forth in paragraph (e)(9) of this section and 74.990 through 74.992 of this part. (2) * * * (b) Such stations may also be used for the additional purpose of transmitting other visual and aural educational, instructional and cultural material to selected receiving locations, including in-service training and instruction in special skills and safety programs, extension of professional training, informing persons and groups engaged in professional and technical activities of current developments in their particular fields, and other similar endeavors, and for transmitting associated information from ITFS response stations to response station hubs. * * * * * (e) A licensee may use excess capacity on each channel to transmit material other than the ITFS subject matter specified in paragraphs (a), (b), (c), and (d) of this section subject to the following conditions: (1) * * * (2) If the time or capacity leased is to be used for "wireless cable" operations (the provision of video, voice and/or data services to subscribers), before leasing excess capacity on any one channel, the licensee must provide at least 20 hours per week of ITFS programming on that channel, except as provided in paragraph (e)(3) of this section. All hours not used for ITFS programming may be leased to a "wireless cable" operator. An additional 20 hours per week per channel must be reserved for recapture by the ITFS licensee for its ITFS programming, subject to one year's advance, written notification by the ITFS licensee to its "wireless cable" lessee. These hours of recapture are not restricted as to time of day or day of the week, but may be established by negotiations between the ITFS licensee and the "wireless cable" lessee. * * * * * (9) A licensee may shift its requisite ITFS programming onto fewer than its authorized number of channels, via channel mapping technology or channel loading, so that it")JK,**'" can lease full-time channel capacity on its ITFS station, associated ITFS booster stations or on ITFS response stations and associated response station hubs to a wireless cable operator, subject to the condition that it provide a total average of at least 20 hours per channel per week of ITFS programming either on its authorized channels or on channels not authorized to it, but which are included in the wireless system of which it is a part. The use of channel mapping or channel loading in accordance with the preceding sentence shall not be considered adversely to the ITFS licensee in seeking a license renewal or otherwise. The licensee also retains the unbridgeable right to recapture, subject to six months' written notification to the wireless cable operator, an average of an additional 20 hours per channel per week for simultaneous programming on the number of channels for which it is authorized. 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. * * * * * 29. Sections 74.936 would be revised in its entirety to read as follows:  Xy' 74.936 Emissions and bandwidth. (a) An instructional television fixed station shall normally 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 television signal. For purposes other than standard television transmission, different types of emissions may be authorized if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the bandwidth desired is no wider than needed to provide the intended service. (b) On or after November 1, 1991, the maximum out-of-band power of a transmitter or of a booster transmitting on a single channel with effective isotropic radiated power in excess of -9 dBW operating in this service utilizing analog modulation shall be attenuated 38 dB relative to the peak visual carrier at the channel edges and constant slope attenuation from this level to 60 dB relative to the peak visual carrier at 1 MHz below the lower band and 0.5 MHz above the upper band edge. All out-of-band emissions extending beyond these frequencies shall be attenuated at least 60 dB below the peak visual carrier power. The maximum out-of-band power of a transmitter or of a booster transmitting on a single channel or portion thereof with effective isotropic radiated power in excess of 9 dBW employing digital modulation shall be 38 dB attenuation relative to the licensed average power level (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at the licensed channel edges, constant slope attenuation from that level to 60 dB attenuation at 3 MHz above the upper and below the lower licensed channel edges, and 60 dB attenuation below the licensed average power level (or, when subchannels are used, the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at all other frequencies. Notwithstanding the foregoing, in situations where a booster station transmits, or where adjacent channel licensees jointly transmit, over more than one channel utilizing digital modulation, the maximum out-of-band power shall be 38 dB attenuation relative to the licensed average power level of each channel at the channel edges of those combined channels, constant slope attenuation from that level to 60 dB attenuation at 3 MHz")KK,**'" above the upper and below the lower edges of those combined channels, and 60 dB attenuation below the licensed average power level of each channel at all other frequencies. However, should interference occur as a result of emissions outside the assigned channel, additional attenuation may be required. A transmitter licensed prior to November 1, 1991, that remains at the station site initially licensed, and does not comply with this subsection, may continue to be used for its life if it does not cause harmful interference to the operation of any other licensee. Any non-conforming transmitter replaced after November 1, 1991, shall be replaced by a transmitter meeting the requirements of this subsection. (c) The maximum out-of-band power of a booster transmitting on multiple channels carrying separate signals (a broadband booster) with an effective isotropic radiated power in excess of -9 dBW, employing either analog or digital modulation, shall be attenuated 38 dB relative to the peak visual carrier at the channel edges of channels occupied by analog signals and relative to the licensed average power level at the edges of channels occupied by digital signals. Within unoccupied channels within the overall passband of the booster, the maximum out-of-band power shall be attenuated 50 dB at 3 MHz above the upper and below the lower edges of occupied channels. For boosters operating in the range 2.500-2.690 GHz, the maximum out-of-band power shall be attenuated 50 dB at 3 MHz above the upper and below the lower of these frequencies, constant slope attenuation to 60 dB at 20 MHz above the upper and below the lower of these frequencies, and 60 dB attenuation at all frequencies beyond. Boosters operating with an effective isotropic radiated power less than -9 dBW shall have no particular out-of-band power attenuation requirement, except that if they cause harmful interference, their operation shall be terminated within 2 hours upon notification by the Commission until the interference can be cured. (d) The maximum out-of-band power of a response station using all or part a 6 MHz channel and employing digital modulation shall be 38 dB attenuation relative to the rated power level at the 6 MHz channel edges, constant slope attenuation from that level to 60 dB attenuation at 3 MHz above the upper and below the lower channel edge, and 60 dB attenuation below the rated power level at all other frequencies. Notwithstanding the foregoing, in situations where response stations transmit over more than one 6 MHz channel utilizing digital modulation, the maximum out-of-band power shall be 38 dB attenuation relative to the rated power level within each channel at the channel edges of those combined channels, constant slope attenuation from that level to 60 dB attenuation at 3 MHz above the upper and below the lower edges of those combined channels, and 60 dB attenuation below the rated power level of each channel at all other frequencies. Notwithstanding either of the two foregoing sentences, the out-of-band power for discrete spurious signals above the upper and below the lower channel edge shall not be less than 40 dB attenuation, provided that such signals occur no more frequently than once in any 10 MHz within 50 MHz of a channel edge and none occur more than 50 MHz from a channel edge). However, should harmful interference occur as a result of emissions outside the assigned channel, additional attenuation may be required. (e) The requirements of 73.687(c)(2) will be considered to be satisfied insofar as measurements of operating power are concerned if the transmitter is equipped with instruments for determining the combined visual and aural operating power. However, licensees are expected to maintain the operating powers within the limits specified in 74.935. Measurements of the separate visual and aural operating powers must be made at sufficiently")LK,**'" frequent intervals to insure compliance with the rules, and in no event less than once a month. However, the provisions of 73.687(c)(2) and of this subsection shall not be applicable to ITFS response stations or to low power ITFS booster stations authorized pursuant to 74.985(e). 30. In Section 74.937, paragraphs (a) and (b) would be revised to read as follows:  X_' 74.937 Antennas. (a) In order to minimize the hazard of harmful interference from other stations, directive receiving antennas should be used at all receiving locations other than response station hubs. The choice of receiving antennas is left to the discretion of the licensee. However, for the purpose of interference calculations, except as set forth in 74.939, the general characteristics of the reference receiving antenna shown in Figure 1 of this section (i.e., a 0.6 meter (2 foot) parabolic reflector antenna) are assumed to be used in accordance with the provisions of 74.903(a)(3) unless pertinent data is submitted of the actual antenna in use at the receive site. Licensees may install receiving antennas with general characteristics superior to those of the reference receive antenna. Nevertheless, should interference occur and it can be demonstrated by an applicant that the existing antenna at the receive site is inappropriate, a more suitable yet practical receiving antenna should be installed. In such cases, the modification of the receive site will be in the discretion, and will be the responsibility, of the licensee serving the site. (b) Except as set forth in 74.931(e)(7), directive transmitting antennas shall be used whenever feasible so as to minimize interference to other licensees. The radiation pattern shall be designed to minimize radiation in directions where no reception is intended. When an ITFS station is used for point-to-point service, an appropriate directional antenna must be used. * * * * * 31. Section 74.938 would be revised to read as follows:  X ' 74.938 Transmission Standards. The width of an ITFS channel is 6 MHz. However, 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 74.939. The licensee may also, jointly with affected adjacent channel licensees, transmit utilizing bandwidth in excess of its authorized bandwidth, 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 74.936 are met at the edges of the channels employed. ITFS transmitters must be type accepted by the Commission for the particular signals that will be employed in actual operation. Either the manufacturer or the licensee must obtain transmitter type acceptance for the transmitter by filing an application for type acceptance with appropriate information concerning the signal waveforms and measurements.")MK,**'"Ԍ* * * * * 32. Section 74.939 would be revised in its entirety to read as follows:  X' 74.939 Special rules governing ITFS response stations. (a) An ITFS response station is authorized to provide communication by voice, video and/or data signals with its associated ITFS response station hub. An ITFS response station may be operated only by the licensee of an instructional television fixed station and only at an authorized receiving location of the instructional television fixed station, by any lessee of excess capacity, or by a subscriber of any lessee of excess capacity. More than one ITFS response station may be operated at the same or different locations by the same licensee. The specific frequency channel may be subdivided to provide a distinct operating frequency for each of more than one response station, provided that digital modulation is employed and the aggregate power does not exceed the authorized power for the channel. An ITFS response station may also transmit utilizing bandwidth in excess of that authorized to the licensee jointly with effective adjacent channel licensees, provided that digital modulation is employed, all power spectral density requirements set fort in this Part are met and the out-of-band emission restrictions set forth in 74.936 are complied with. (b) ITFS response stations that utilize the bands 2500-2650 MHz, 2656-2662 MHz, 2668-2674 MHz and/or 2680-2686 MHz or the 125 KHz channels identified in 74.939(f) may be installed and operated without an individual license to communicate with a response station hub authorized to an ITFS licensee under a response station hub authorization, provided that the conditions set forth in 74.939(f) are complied with and that ITFS response stations operating in the bands 2500-2650 MHz, 2656-2662 MHz, 2668-2674 MHz and/or 2680-2686 MHz only employ digital modulation. (c) An application for a response station hub authorization shall be filed with the Commission in Washington, D.C., on FCC Form 330. Section VI of that form shall supply the following information for each response station hub: (1) The geographic coordinates, street address, and the height of the center line of the reception antenna(s) above mean sea level for the response station hub; and (2) A specification of: ` ` (i) The response service area in which the applicant or its lessee proposes to install ITFS response stations to communicate with the response station hub, any regions into which the response service area will be subdivided for purposes of interference analysis, and any regional classes of response station characteristics which will be used to define the operating parameters of groups of response stations within each region for purposes of interference analysis, including: ` `  (A) the maximum height above ground level of the transmission antenna that will be employed by any response station in the regional class and that will be used in interference analyses without the receipt of additional, site- specific authorization; and")NK,**'"Ԍ` `  (B) the maximum equivalent isotropic radiated power (EIRP) that will be employed by any response station in the regional class and that will be used in interference analyses; and ` `  (C) any sectorization that will be employed, including the polarization to be employed by response stations in each sector and the geographic orientation of the sector boundaries, and that will be used in interference analyses; and ` `  (D) the combined worst-case outer envelope plot of the patterns of all models of response station transmission antennas that will be employed by any response station in the regional class to be used in interference analyses; and ` `  (E) the maximum number of response stations that will be operated simultaneously in each region using the characteristics of each regional class applicable to each region. ` ` (ii) The channel plan (including any guardbands at the edges of the channels) to be used by ITFS response stations in communicating with the 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 ` ` (iii) The minimum received signal level that the proposed response station hub can actually utilize in the provision of service, specified in dBW/m/Hz; and (3) A demonstration that: ` ` (i) The proposed response station hub is within the protected service area of the ITFS station whose channels will be used for communications to the response station hub (for purposes of this rule, an ITFS station that is not engaged in leasing of excess capacity will be deemed to have a 35 mile radius protected service area centered at its transmitter site) or, in the case of an application for response stations to utilize one or more of the 125 kHz response channels, the response station hub is within the protected service area of the station authorized to utilize the associated channel; and ` ` (ii) The entire proposed response service area is within the protected service area of the ITFS station whose channels will be used for communications to the response station hub, (for purposes of this rule, an ITFS station that is not engaged in leasing of excess capacity will be deemed to have a 35 mile radius protected service area centered at its transmitter site) or, in the alternative, the applicant may demonstrate that the licensee of any 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 125 kHz channel, 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")OK,**'"Ԍ` ` (iii) The combined signals of all ITFS response stations within all response service areas and oriented to transmit towards their respective response station hubs will not generate a power flux density in excess of -73 dBW/m (or the pro rata power spectral density equivalent based on the bandwidth actually employed in those cases where less than a 6 MHz channel is to be employed (e.g., -89.8 dBW/m for 125 kHz channels or subchannels)) outside the boundaries of the applicant s protected service area, except to the extent that consents have been granted pursuant to 74.931(b)(1)(B)(ii) to an extension of the response service area beyond the boundaries of the protected service area; and ` ` (iv) The combined signals of all ITFS response stations within all response service areas and oriented to transmit towards their respective response station hub will result in a desired to undesired signal ratio of at least 45 dB (or the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) ` `  (A) within the protected service area of any authorized or previously proposed cochannel MDS or ITFS station with center coordinates located within 160.94 km (100 miles) of the proposed response station hub, ` `  (B) within the booster service area of any cochannel booster station entitled to such protection pursuant to 21.913(f) or 74.985(f), or ` `  (C) at any cochannel response station hub entitled to such protection pursuant to 21.909(h) or 74.939(g), or, in the alternative, that the licensee of or applicant for such cochannel station or hub consents to such application; and ` ` (v) The combined signals of all ITFS response stations within all response service areas and oriented to transmit towards their respective response station hub will result in a desired to undesired signal ratio of at least 0 dB (or the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) (i) within the protected service area of any authorized or previously proposed adjacent channel MDS or ITFS station with center coordinates located within 160.94 km (100 miles) of the proposed response station hub, (ii) within the booster service area of any adjacent channel booster station entitled to such protection pursuant to 21.913(f) or 74.985(f), or (iii) at any adjacent channel response station hub entitled to such protection pursuant to 21.909(h) or 74.939(g), or, in the alternative, that the licensee of or applicant for such adjacent channel station or hub consents to such application; and ` ` (vi) The combined signals of all ITFS response stations within all response service areas and oriented to transmit towards their respective response station hub will result in a desired to undesired signal ratio of at least 45 dB (or the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at any registered receive site of any authorized or previously-proposed cochannel ITFS station located within 80 km (50 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 such application; and ` ` (vii) The combined signals of all ITFS response stations within all response service areas and oriented to transmit towards their respective response station hub will result")PK,**'" in a desired to undesired signal ratio of at least 0 dB (or the appropriately adjusted value based upon the ratio of the channel-to-subchannel bandwidths) at any registered receive site of any authorized or previously-proposed adjacent channel ITFS station located within 80 km (50 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 such application; and ` ` (viii) The proposed response station hub can receive transmissions from the response service area without interference. (4) A certification that the application has been served upon ` ` (i) the licensee of any station (including any booster station or response station hub) with a protected service area which is overlapped by the proposed response service area; ` ` (ii) the holder of any authorization (including any booster station or response station hub authorization) with a protected service area that adjoins the applicant s protected service area; ` ` (iii) every licensee of or applicant for ` `  (A) any authorized or previously proposed incumbent MDS or ITFS station with a 56.33 km (35 miles) protected service area with center coordinates located within 160.94 km (100 miles) of the proposed response station hub, or ` `  (B) any associated booster station or response station hub authorized to the holder of a license for a facility described in (A); and ` ` (iv) every licensee of or applicant for any authorized or previously proposed ITFS station (including any booster station or response station hub) located within 80 km (50 miles) of the proposed response station hub (d) Applications for response station hub authorizations meeting the requirements of 74.939(c) shall be deemed minor change applications and shall cut-off applications that are filed on a subsequent day for facilities that would cause harmful electromagnetic interference to the proposed response station hubs. A response station hub shall not be entitled to protection from interference caused by facilities proposed on or prior to the day the application for the response station hub authorization is filed. Response stations shall not be required to protect from interference facilities proposed on or after the day the application for the response station hub authorization is filed. (e) Notwithstanding the provisions of 74.912 and except as provided by 74.911(e), any petition to deny an application for a response station hub authorization shall be filed no later than the sixtieth (60th) day after the date of public notice announcing the filing of such application or major amendment thereto. (f) An ITFS response station hub authorization establishing a response service area shall be conditioned upon compliance with the following:")QK,**'"Ԍ(1) No ITFS response station shall be located beyond the response service area of the response station hub with which it communicates; and (2) No ITFS response station shall operate with an EIRP in excess of that specified in the application for the response station hub pursuant to 74.939(c)(2)(i)(B) 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 18 dBW EIRP without a demonstration that no interference shall occur from that facility operating at a higher power level; and (3) Each ITFS response station shall employ a transmission antenna oriented towards the response station hub with which the ITFS response station communicates, and such antenna shall be no less directional than the worst case outer envelope pattern specified in the application for the response station hub pursuant to 74.939(c)(2)(i)(D) for the regional class of characteristics with which the response station is associated; and (4) The combined out-of-band emissions of all response stations using all or part of a 6 MHz channel and employing digital modulation shall comply with 74.936(c). The combined out-of-band emissions of all response stations using a 125 kHz channel shall comply with 74.939(i). However, should harmful interference occur as a result of emissions outside the assigned channel, additional attenuation may be required; and (5) The response stations transmitting simultaneously at any time within any given region of the response service area utilized for purposes of analyzing the potential for interference by response stations shall conform to the numerical limits for each class of response station proposed in the application for the response station hub authorization; Notwithstanding the foregoing, the licensee of a response station hub authorization may alter the number of response stations of any class operating simultaneously in a given region without prior Commission authorization, provided the licensee first notifies the Commission of the altered number of response stations of such class(es) to be operated simultaneously in such region, provides the Commission with an analysis establishing that such alteration will not result in any increase in electrical interference to any existing or proposed MDS or ITFS station, booster station or response station hub or to any MDS Basic Trading Area or Partitioned Service Area authorization holder entitled to protection pursuant to 74.939(c)(3), or that the applicant or licensee of such facility has consented to such interference, and serves a copy of such notification and analysis upon each party entitled to be served pursuant to 74.939(c)(4). (g) See Part 17 of this chapter concerning notification to the Federal Aviation Administration of proposed antenna construction or alteration. The provisions of 74.967 and 74.981(a)(5) of this subpart, concerning antenna painting and lighting requirements, apply to ITFS response stations as well as main ITFS stations. (h) Commencing upon the filing of an application for an ITFS response station hub authorization and until such time as the application is dism