prb-940371 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Reorganization and Revision of ) Parts 1, 2, 21, and 94 of ) WT Docket No. 94-148 the Rules to Establish a New ) Part 101 Governing Terrestrial ) Microwave Fixed Radio Services ) NOTICE OF PROPOSED RULEMAKING Adopted: December 9, 1994 Released: December 28, 1994 Comment Date: February 3, 1995 Reply Comment Date: February 21, 1995 By the Commission: INTRODUCTION 1. By this action, the Commission proposes to simplify the rules for the common carrier and private operational fixed services, currently contained respectively in Parts 21 and 94 of the Commission's Rules, and to consolidate those rules into a new Part 101. The key objectives in this Notice of Proposed Rulemaking (Notice) are to restructure the fixed microwave rules so that they are easier for the public to understand and use, to conform similar rule provisions to the maximum extent possible, to eliminate redundancy, and to remove obsolete language. We are also taking this opportunity to review the need for and impact of certain regulatory requirements and policies. 2. Common carrier microwave services and private operational fixed microwave services share many of the same frequency bands and use substantially the same equipment. As a result of recent changes that are discussed below, the interference standards, antenna standards, and coordination procedures for private and common carrier fixed microwave services have further converged. This rulemaking is an effort to conform filing, processing, operational, and technical requirements for services that are technically similar and, thereby, to gain significant economies and alleviate confusion to the public. BACKGROUND 3. Communications services that use the microwave spectrum for fixed services include common carriers (currently regulated by Part 21 of the FCC Rules), common carrier multiple address systems (Part 22), broadcasters (Part 74), cable TV operators (Part 78), and private operational fixed users (currently regulated by Part 94). The radio frequency spectrum is allocated among these services on either a shared or an exclusive basis. When different service users have similar needs, they are sometimes required to share spectrum bands. 4. Of the services listed above, the common carrier and private operational fixed microwave users are the most similar in technical requirements and share the most frequency bands. The convergence of the common carrier and private operational fixed microwave technical standards has occurred over the last decade as a result of several rulemaking proceedings. Recently, a further convergence of these two services occurred as a result of the reallocation of five bands above 3 GHz on a co-primary basis to the common carrier and private operational fixed microwave licensees that are relocating from the 1850-1990, 2110- 2150, and 2160-2200 MHz bands (2 GHz bands) to accommodate Personal Communications Services (PCS) and other emerging technologies. Although the emerging technologies proceeding resolved all the technical issues necessary for this reallocation, there were other technical matters raised in the proceeding, which were not considered critical to the 2 GHz microwave users' relocation to other regions of the spectrum, that were left to be settled in a future proceeding. 5. Also, as a result of the emerging technologies spectrum reallocation and the resulting increase in frequency band-sharing, common carrier and private microwave industry members have united to develop joint interference standards and coordination procedures. For over a year, a subcommittee of the Telecommunications Industry Association's Fixed Point-to-Point Microwave Engineering Committee (TIA TR14.11 Interference Criteria Engineering Subcommittee) has held joint meetings with the National Spectrum Managers Association (NSMA), a group of frequency coordinators for Part 21 applicants, to determine interference criteria for Part 21 and Part 94 users. This collaboration has resulted in a revised TIA Telecommunications Systems Bulletin TSB 10-F, "Interference Criteria for Microwave Systems," (TSB 10-F) which was adopted by the microwave industry on May 31, 1994. Representatives from both the TIA fixed microwave group and the NSMA have met with Commission staff to discuss the benefits of common technical standards, processing procedures, and consolidated rules for common carrier and private operational fixed microwave users. 6. Another factor necessitating this proceeding is that the majority of the license application processing for the Part 21 and Part 94 microwave services is now being handled by the Wireless Telecommunications Bureau's Licensing Division in Gettysburg, Pennsylvania. Because the application processing for these services was formerly performed by different Commission offices, the processing practices and policies differed. This proceeding seeks to bring uniformity to the fixed microwave application processing procedures. 7. The Part 21 and Part 94 rules need to be consolidated, conformed, and updated to allow the microwave industry to operate as efficiently as possible without being hampered by obsolete regulations. Because of the commonality of major portions of the existing common carrier and private operational fixed microwave rules and the industry move to create common standards and coordination procedures, we believe it would be beneficial to consolidate these rules into one comprehensive part. At the same time, this proceeding provides us with an opportunity to improve the organization of the microwave rules, to simplify them, to eliminate unnecessary language, and to make other substantive amendments. We expect that a new consolidated Part 101 will result in major benefits. First, the public will benefit because of a much simplified and streamlined licensing process. Second, the improvements in processing efficiency will save scarce Commission resources and free staff time to improve service to the public. Third, we expect the proposed rules to encourage more efficient use of the microwave spectrum. Finally, common technical standards for common carrier and private microwave equipment may lead to economies of scale in microwave equipment production and, thus, lower equipment prices to users. DISCUSSION 8. Proposed Part 101 is approximately 65 percent the volume of the current common carrier and private radio fixed microwave rules. This reduction results from the elimination of repetitive sections such as definitions, application procedures, and processing procedures, the elimination of unnecessary language, and the consolidation of the remaining rules. In the paragraphs below we address the proposed changes for each subpart and section of the rules, other than proposed changes that are editorial in nature or that concern only renumbering of existing rule language. Appendix B, entitled "Cross-Reference Index," shows the disposition of each existing rule in Parts 21 and 94. 9. We welcome comments on whether the scope of our consolidation effort is appropriate. We ask that comments identify the subject of their remarks, whenever possible, by citing the proposed section number of a rule (with cross-reference to the old rule as necessary). This identification will expedite and simplify our review of the comments on the many proposals contained in this Notice. General Requirements 10. Definitions. We propose to make minor editorial changes in the definitions where appropriate. In instances where a definition now appears in more than one rule section and is phrased inconsistently, we propose to use the phrasing that we believe to be the most precise. In cases where a definition appears in Part 2 of the Rules as well as in another part, the proposed Part 101 definition adopts the Part 2 definition in order to conform with either the International Telecommunication Convention or the international Radio Regulations. Additionally, we propose to change the name and all relevant terms related to the Private Digital Termination System service to match the name and terms of the identical Common Carrier Digital Electronic Message Service. See proposed Section 101.3. Applications and Licenses 11. General Application Requirements. We propose to eliminate several application showings that are currently required of common carrier microwave applicants under Part 21 of the rules, but which are not essential for processing these applications. We request comments on each of these proposals. First, we propose to eliminate the financial showing required under  21.13(a)(2) and 21.17. Lack of financing has generally not been a problem in the common carrier services being transferred to Part 101, and we consider a certification of financial ability unnecessary in these services. Second, we propose eliminating the public interest showing required under  21.13(a)(4). We tentatively conclude that the public interest will generally be served by granting applications in these services that meet all the Commission's other rules and requirements, and that a separate statement from the applicant pursuant to  21.13(a)(4) is unnecessary. We also note that the Commission can still request a separate public interest showing if this is deemed necessary in any particular case. Third, we propose eliminating the requirement that applicants submit a copy of any franchise or other authorization when such authorizations are required by local law. See  21.13(f). We request comments on whether we should replace this application showing with a rule, similar to that contained in Part 22 of the rules, stating that applicants must comply with all local franchise or authorization requirements, obtain any local authorizations by the end of the construction period, and notify the Commission if local authorization is denied. See  22.13(f). Fourth, we propose eliminating showings regarding control over the station, see  21.13(g), and maintenance procedures, see  21.15(e). We request comments on whether we should replace these showings with a general rule describing a licensee's responsibilities for maintenance and control of the station and requiring that maintenance contracts must be in writing. See  22.205. We also request comments on whether we should continue to require the address and telephone number of a maintenance center or person responsible for technical operation, see  21.15(e)(1) and Item 18 of FCC Form 494 ("Application for New or Modified Microwave Radio Station License Under Part 21"), or whether this requirement is unnecessary and should also be deleted. Fifth, we propose to eliminate the vertical profile sketch, see  21.15(c), and the site availability showing, see  21.15(a), as these showings are not necessary for processing and lack of site availability has not been a problem in the common carrier services being transferred to Part 101. Sixth, we request comments on whether the public interest showing currently required of applicants in the Point-to-Point Microwave Radio Service pursuant to  21.706(a) should be retained or deleted. We also propose to allow electronic filing for all fixed microwave services authorized under Part 101 as is currently allowed for private land mobile applications. See proposed Sections 1.743, 1.913, and 101.37. Finally, we request comments on what requirements we should adopt regarding retention or posting of the station license. See e.g.  21.201, 22.201, and 94.107. 12. Licensee Qualifications and Consummation of Assignments and Transfers. Under Part 21, applicants and licensees are currently required to provide ownership and character information on FCC Form 430 ("Licensee Qualification Report"), see  21.11(a), and to disclose the real party in interest behind the application pursuant to  21.13(a)(1). See also  21.305. We request comment on precisely what ownership (including partnership) and character information we should continue to require of common carrier applicants and licensees under the new Part 101. In addition, under  21.11(d), (e), and (f), applicants are required to complete assignments or transfers of control within 45 days of the date of authorization and to notify the Commission within 10 days of consummation. In the common carrier services being transferred to Part 101, applicants frequently request extensions of time to complete assignments or transfers. Such requests are routinely granted. Based on this experience, we request comment on whether the time for consummation of assignments and transfers should be extended to 360 days or longer, or whether applicants should be allowed merely to notify the Commission of failure to consummate, rather than requiring applicants to file, and the Commission to grant, repeated extension requests. We also propose to eliminate the requirement for common carriers to notify the Commission within 10 days of consummation. 13. Commencing Operation. With regard to the requirement for stations to be placed in operation within a certain period after the date of grant, it has been common practice among some applicants to request and obtain a modification of their license and thereby obtain additional time within which to be in operation. Some applicants repeated this procedure several times, thereby extending their operational deadline far beyond the period contemplated by the rules. In response to these perceived abuses, the Commission's Private Radio Bureau Licensing Division issued a Public Notice clarifying that a station must be placed in operation within the time required by current  94.51 irrespective of whether the licensee had been granted an amendment to its station authorization. We propose to codify this longstanding interpretation of our rule. See proposed Section 101.63. 14. Although current  94.51 requires that private fixed microwave stations be placed in operation within a time certain, it does not define what constitutes operation for purposes of the rules. In the past, several applicants have argued that the transmission of color bars or other types of strictly test signals satisfies the rule's requirement of being in operation. This interpretation has been uniformly rejected by the staff. Applicants have also argued that the  94.51 requirement of being in operation is satisfied as long as the station is simply capable of transmitting intelligence. The staff, however, has consistently informed the public that the mere capability of transmission does not satisfy the requirement of being in operation. We are proposing in Section 101.67(d) to make it clear that only the transmission of operational signals is sufficient to satisfy the "in operation" requirement and that neither the capability of transmission nor the transmission of color bars or similar test signals satisfies the requirement to be in operation. We are proposing to apply this requirement to both private and common carrier fixed microwave users, as the underlying basis for this proposal, efficient spectrum usage, applies equally to both groups. We request comment on whether this requirement is necessary or applicable for common carrier licensees under proposed Part 101. Technical Standards 15. Frequency Availability Chart. A new frequency availability chart has been placed in the proposed rules (proposed Section 101.101) for the convenience of licensees and applicants. In addition to showing the frequency availability for private and common carrier users, it also shows other services, such as broadcast, cable, PCS, MDS, and ITFS, that share the same bands. More specific technical information for the common carrier and private microwave services are contained in rule Subparts G through J. 16. Coordination Procedures and Interference Standards. In the Second Report and Order in ET Docket 92-9, the Commission adopted the current Part 21 coordination procedures and the current Part 94 interference standards for the relocated common carrier and private operational fixed microwave users. As stated above and in the Second Report and Order, the common carrier and private microwave industry members have united to develop joint interference standards and coordination procedures. We propose, therefore, to apply the same coordination procedures and interference standards to all bands for both private and common carrier fixed microwave services. In addition, we propose to modify the present coordination procedures and interference protection standards to be consistent with the TIA industry standards. See proposed Sections 101.103 and 101.105. 17. Transmitter Power Limitations. In addition to merging the transmitter power table from Parts 21 and 94, we also propose to eliminate the values for maximum allowable transmitter power, while retaining the values for Equivalent Isotropic Radiated Power (EIRP). See proposed Section 101.113. We are proposing to allow a maximum EIRP of + 55 dBW for all point-to-point microwave bands from 4 GHz to 40 GHz, to allow for increased path reliability on long paths and to set a common standard for all bands. See proposed Section 101.113. This proposal is based partly on TIA recommendations. Comsearch also proposed a maximum allowable EIRP of +55 dBW in an earlier proceeding. Comsearch points out that in Part 25 of the Rules, the terrestrial station EIRP used to determine frequency coordination distance in the 4, 6, and 11 GHz bands is +55 dBW, which corresponds with the International Telecommunications (ITU) Radio Rules and Regulations. The Commission decided not to act on that portion of Comsearch's petition, instead deferring consideration of maximum authorized power, antenna standards, and ATPC to a future proceeding. We seek comment on whether increasing the transmitter power limitations as proposed would have any negative impact on any radio users. 18. Automatic Transmitter Power Control. ATPC is a feature of digital microwave radio that automatically adjusts transmitter output power based on path fading detected at the far-end receiver(s). In the emerging technologies/relocation proceeding, commenters proposed that ATPC should be explicitly authorized in the rules. In response, the Commission clarified in the rules that ATPC is permitted up to a 3 dB increase in power and encouraged industry groups to explore in greater detail under what circumstances ATPC should be authorized and whether a greater increase in power than 3 dB would be appropriate. We have reviewed the ATPC guidelines in TSB 10-F and are still uncertain of the necessity of including explicit provisions for its use in the rules. We seek comment on whether it is necessary to have TIA's recommendations for ATPC implementation included in our Rules. TSB 10-F contains provisions for up to three different power level specifications: maximum transmit power, coordinated transmit power, and nominal transmit power. We also seek comment on how these recommendations for ATPC should be implemented under our current licensing scheme, which authorizes only a single operating power level on each license, with that power being the one used in the coordination process. If the use of ATPC as described in TSB 10-F were to be permitted, what changes would the Commission have to make to its forms, licenses, and data base? 19. Antenna Standards. All antenna standards for Part 101 services have been consolidated into one rule section (proposed section 101.115). Few substantive changes to the antenna standards are proposed. In the Docket 92-9 proceeding, commenting parties raised concerns about our existing antenna standards, stating that the category A standards should be updated and that a new detailed definition of congested areas should be specified to maximize efficiency and permit full use of available bands. The Commission does not have sufficient information at this time to propose specific changes to these standards. Developmental Authorizations 20. We propose to eliminate the general requirement that applicants report on any patents applied for as a result of a developmental authorization. This information is in the public domain when the patent is granted, and our requirement is, therefore, duplicative. We also propose to modify the language concerning the confidentiality of developmental reports to make it consistent with our general rules on requests for confidentiality. The consolidated rules continue the prohibition on providing service for hire with a developmental grant now placed on common carriers and extends the prohibition against commercial operation of a developmental grant to private radio operators. CONCLUSION 21. In this Notice, we have proposed to amend the regulations for the common carrier and private operational fixed microwave services by consolidating and simplifying their present rule parts, contained respectively in Parts 21 and 94 of the Commission's Rules, to create a new Part 101. Our specific proposals are contained in the rules appendix. We solicit comment on them. We also invite comment on any additional changes that can make the Commission's microwave rules more "user friendly" and help the staff provide improved service to the public. PROCEDURAL MATTERS 22. Initial Regulatory Flexibility Analysis. Pursuant to the Regulatory Flexibility Act of 1980, the Commission finds as follows: A. Reason for Action This rulemaking proceeding is initiated to obtain comment regarding consolidation and simplification of the microwave rules now contained in Parts 21 and 94 of Title 47 of the Code of Federal Regulations. B. Objectives This action would reduce redundancy now contained in the rules and remove obsolete rules and language. It would also simplify and clarify the requirements for filing license and other authorization applications, the processing of applications and other requests, and the operation of common carrier and private operational fixed microwave stations. C. Legal Basis The proposed action is authorized by Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r). D. Description, Potential Impact, and Number of Small Entities Affected This reorganization and revision of the common carrier and private operational fixed microwave rules will reduce the volume of the rules by approximately 25 percent and make them easier to use and understand. Both the reduction in volume and consolidation of the rules should improve their usefulness as they will be more easily understood by, and save research time for, the public. The benefits would accrue to all interested parties, large and small entities alike. We invite specific comment by interested parties on the likely magnitude of the impact on small radio manufactures and suppliers. E. Reporting, Record Keeping, and Other Compliance Requirements There should be an overall decrease in reporting, record keeping, and other compliance requirements. The use of electronic filing alone should greatly reduce the amount of paperwork required to be filed and increase speed of service. F. Federal Rules that Overlap, Duplicate or Conflict with these Rules None. G. Significant Alternatives Minimizing Impact on Small Entities Consistent with Stated Objectives The objective of this proceeding is to minimize confusion, research time, record keeping and recording for users of microwave radio frequencies. We are unaware of other alternatives that would be as desirable. We solicit comments on this point. 23. Other Matters. This is a non-restricted notice and comment rulemaking proceeding. Ex parte presentations are permitted, provided they are disclosed as provided in the Commission's rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a). 24. This action is taken pursuant to Section 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i) and 303(r). 25. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's Rules, interested parties may file comments on or before [30 days after publication in the FR], and reply comments on or before [45 days after FR publication]. All relevant and timely comments will be considered by the Commission before final action is taken in this proceeding. To file formally in this proceeding, participants must file an original and four copies of all comments, reply comments, and supporting comments. If participants want each Commissioner to receive a personal copy of their comments, an original plus nine copies must be filed. Comments and reply comments should be sent to Office of the Secretary, Federal Communications Commission, Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington D.C. 20554. 26. For further information concerning this rulemaking contact Robert James, (202) 634-1706, Wireless Telecommunications Bureau, Federal Communications Commission, Washington, D.C. 20554. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A -- PROPOSED RULE CHANGES I. PART 1 of Chapter 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303; Implement, 5 U.S.C. 552 and 21 U.S.C. 853a, unless otherwise noted. 2. Section 1.77 is amended by adding a new paragraph (i) to read as follows:  1.77 Detailed application procedures; cross references * * * * * (i) Rules governing applications for authorizations in the Common Carrier and Private Radio terrestrial microwave services are set out in Part 101. * * * * * 3. Section 1.741 is amended by revising it to read as follows:  1.741 Scope The general rules relating to applications contained in  1.742 through 1.748 apply to all applications filed by carriers except those filed by public correspondence radio stations pursuant to Parts 80, 87, and 101 of this chapter, and those filed by common carriers pursuant to Part 25 of this chapter. Parts 21 and 101 contain general rules applicable to applications filed pursuant to these Parts. For general rules applicable to applications filed pursuant to Parts 80 and 87, see such parts and Subpart F of this part. For rules applicable to applications filed pursuant to Part 25, see said part. 4. Section 1.743 is amended by revising paragraph (a) and adding a new paragraph (e) to read as follows:  1.743 Who may sign applications. (a) Except as provided in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission must be signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applicants, amendments, and related statements of fact filed on behalf of eligible government entities, such as states and territories of the United States and political subdivisions thereof, the District of Columbia, and units of local government, including incorporated municipalities, must be signed by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction. * * * * * (e) "Signed," as used in this section, means an original hand-written signature, except that by public notice in the Federal Register the Commission may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. 5. Section 1.761 is amended by revising it to read as follows:  1.761 Cross reference Specific types of applications under Title III of the Communications Act involving public correspondence radio stations are specified in Parts 23, 80, 87, and 101 of this chapter. * * * * * 6. Section 1.825 is amended by revising paragraph (b) to read as follows:  1.825 Random selection procedures for Digital Electronic Message Service. * * * * * (b) Petitions to deny applications for digital electronic message service authorizations, and responsive pleadings, shall be filed prior to conducting the random selection, pursuant to the requirements of  101.43. Following the random selection, petitions against tentative selectee's applications shall be resolved by the Commission. 7. Section 1.901 is amended by revising it to read as follows:  1.901 Scope. In the case of any conflict between the rules set forth in this subpart and the rules set forth in part 13 or the rules set forth for specific services in parts 80 through 101, the rules in this subpart shall govern. 8. Section 1.924 is amended by revising paragraph (b)(2)(ii) to read as follows:  1.924 Assignment or transfer of control, voluntary and involuntary. (b)(2)(i) * * * (b)(2)(ii) FCC Form 402. For assignment of station authorizations in the Private Operational Fixed Microwave Service (Part 101 of this chapter). Attached thereto shall be an executed Form 1046 or a signed letter from proposed assignor stating the assignor's desire to assign the current authorization in accordance with the rules governing the particular service involved. (b)(2)(iii) * * * 9. Section 1.926 is amended by revising paragraph (a)(6) to read as follows:  1.926 Application for renewal of license. * * * * * (a)(6) Renewal of station authorizations in the Private Operational Fixed Microwave Service (Part 101 of this chapter) shall be submitted on such form as the Commission may designate by the public notice in accordance with the provisions of  101.13 of this chapter. * * * * * 10. Section 1.972 is amended by revising paragraphs (a)(1) and (c) to read as follows:  1.972 Grants by random selection. (a) * * * (1) For stations in the following Private Radio Services: Part 80--Stations in the Maritime Services Part 87--Aviation Services Part 90--Private Land Mobile Services Part 95--Subpart F--Personal Radio Services Part 101--Subpart H--Private Operational Fixed Microwave Service. (b) * * * (c) If there are mutually exclusive applications for an initial license for stations subject to Part 80 or Part 87, or if there are more applications for an initial license in Part 90, Part 95-Subpart F, or Part 101- Subpart H, than can be accommodated on available frequencies, the Commission may process the applications pursuant to a system of random selection. Each such random selection shall be conducted pursuant to an order issued by the Private Radio Bureau and under the direction of the Chief of the Bureau. * * * * * II. Part 2 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 1. The authority citation for Part 2 continues to read as follows: Authority: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C Sections 154, 302, 303, and 307, unless otherwise noted. 2. Section 2.995 is amended by revising paragraph (a)(2) to read as follows:  2.995 Measurements required: Frequency stability. * * * * * (a)(2) From -20 to +50 centigrade for equipment to be licensed for use in the Maritime Services under Part 80 of this chapter, except Class A, B, and S Emergency Position Indicating Radiobeacons (EPIRBS), and equipment to be licensed for use above 952 MHz at operational fixed stations in all services, stations in the Local Television Transmission Service and Point-to-Point Microwave Radio Service under Part 101 of this chapter, and equipment licensed for use aboard aircraft in the Aviation Services under Part 87 of this chapter. * * * * * III. Part 21 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended 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, 314, 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. 2. Section 21.2 is amended to read as follows:  21.2 Definitions. As used in this part: Antenna power gain. The square of the ratio of the root-mean-square free space field intensity produced at one mile in the horizontal plane, in millivolts per meter for one kilowatt antenna input power to 137.6 mV/m. This ratio should be expressed in decibels (dB). (If specified for a particular direction, antenna power gain is based on the field strength in that direction only.) Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network. Antenna structures. The antenna, its supporting structure and anything attached to it. Assigned frequency. The frequency coinciding with the center of the radio frequency channel in which the station is authorized to work. This frequency does not necessarily correspond to any frequency in an emission. Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Authorized frequency. The frequency assigned to a station by the Commission and specified in the instrument of authorization. Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. Bandwidth occupied by an emission. The band of frequencies comprising 99 percent of the total radiated power extended to include any discrete frequency on which the power is at least 0.25 percent of the total radiated power. Bit rate. The rate of transmission of information in binary (two state) form in bits per unit time. Carrier. In a frequency stabilized system, the sinusoidal component of a modulated wave whose frequency is independent of the modulating wave; or the output of a transmitter when the modulating wave is made zero; or a wave generated at a point in the transmitting system and subsequently modulated by the signal; or a wave generated locally at the receiving terminal which when combined with the side bands in a suitable detector, produces the modulating wave. Carrier frequency. The output of a transmitter when the modulating wave is made zero. Communication common carrier. Any person engaged in rendering communication service for hire to the public. Control point. A control point is an operating position at which an operator responsible for the operation of the transmitter is stationed and which is under the control and supervision of the licensee. Control station. A fixed station whose transmissions are used to control automatically the emissions or operations of another radio station at a specified location, or to transmit automatically to an alarm center telemetering information relative to the operation of such station. Coordination distance. For the purpose of this part, the expression "coordination distance" means the distance from an earth station, within which there is a possibility of the use of a given transmitting frequency at this earth station causing harmful interference to stations in the fixed or mobile service, sharing the same band, or of the use of a given frequency for reception at this earth station receiving harmful interference from such stations in the fixed or mobile service. Digital modulation. The process by which some characteristic (frequency, phase, amplitude or combinations thereof) of a carrier frequency is varied in accordance with a digital signal, e.g. one consisting of coded pulses or states. Domestic fixed public service. A fixed service, the stations of which are open to public correspondence, for radiocommunications originating and terminating solely at points all of which lie within: (a) the State of Alaska, or (b) the State of Hawaii, or (c) the contiguous 48 States and the District of Columbia, or (d) a single possession of the United States. Generally, in cases where service is afforded on frequencies above 72 MHz, radio-communications between the contiguous 48 States (including the District of Columbia) and Canada or Mexico, or radiocommunications between the State of Alaska and Canada, are deemed to be in the domestic fixed public service. Domestic public radio services. The land mobile and domestic fixed public services the stations which are open to public correspondence. Note: Part 80 of this chapter is applicable to the maritime services and fixed stations associated with the maritime services; Part 87 is applicable to aeronautical services. Earth station. A station in the space service located either on the earth's surface, including on board a ship, or on board an aircraft. Effective radiated power. The product of the antenna power input and the antenna power gain. This product should be expressed in watts. (If specified for a particular direction, effective radiated power is based on the antenna power gain in that direction only.) Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the transmitting antenna and the antenna gain in a given direction relative to an isotropic antenna radiator. This product may be expressed in watts or dB above 1 watt (dBW). Facsimile. A system of telecommunication for the transmission of fixed images with a view to their reception in a permanent form. Fixed earth station. An earth station intended to be used at a specified fixed point. Fixed station. A station at a fixed location. Frequency tolerance. The maximum permissible variation of the carrier frequency expressed as a percentage or in Hertz. Harmful interference. Any radiation or any induction which endangers the functioning of a radionavigation service or of a safety service or obstructs or repeatedly interrupts a radio service. Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above. Multichannel multipoint distribution service. Those multipoint distribution service channels that use the frequency band 2596 MHz to 2644 MHz and associated response channels. Multipoint distribution service. A one-way domestic public radio service rendered on microwave frequencies from a fixed station transmitting (usually in an omnidirectional pattern) to multiple receiving facilities located at fixed points. Multipoint distribution service response station. A fixed station operated at an MDS receive location to provide communications with the associated station in the Multipoint Distribution Service. Necessary bandwidth of emission. For a given class of emission, the width of the frequency band that is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. Note: The necessary bandwidth for an emission may be calculated using the formulas in  2.202 of this chapter. Private line service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time. Public correspondence. Any telecommunication which the offices and stations, by reason of their being at the disposal of the public, must accept for transmission. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. Radiocommunication. Any telecommunication by means of hertzian waves. Rated power output. The term "rated power output" of a transmitter means the normal radio frequency power output capability (Peak or Average Power) of a transmitter, under optimum conditions of adjustment and operation, specified by its manufacturer. Record communication. Any transmission of intelligence which is reduced to visual record form at the point of reception. Reference frequency. A frequency coinciding with or having a fixed and specified relation to the assigned frequency. This frequency does not necessarily correspond to any frequency in an emission. Relay station. A fixed station used for the reception and retransmission of the signals of another station or stations. Repeater station. A fixed station established for the automatic retransmission of radiocommunications received from one or more stations and directed to a specified receiver site. Signal booster station. A low-power repeater station automatically retransmitting on the same frequency as the received signal, and located within the protected service area of a Multipoint Distribution Service station. Standby transmitter. A transmitter installed and maintained for use in lieu of the main transmitter only during periods when the main transmitter is out of service for maintenance or repair. Symbol rate. Modulation rate in bauds. This rate may be higher than the transmitted bit rate as in the case of coded pulses or lower as in the case of multilevel transmission. Television. A system of telecommunication for transmission of transient images of fixed or moving objects. Television STL station (studio transmitter link). A fixed station used for the transmission of television program material and related communications from a studio to the transmitter of a television broadcast station. 3. Section 21.3 is amended by deleting paragraph (b), and redesignating paragraph (c) as (b). 4. Section 21.6 is amended by revising paragraphs (b) and (c) to read as follows:  21.6 Filing of applications, fees, and numbers of copies. * * * * * (b) Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with Sec. 0.401(b) of this chapter. Applications not requiring fees shall be submitted to: Federal Communications Commission, Washington, DC 20554. (c) All correspondence or amendments concerning a submitted application shall clearly identify the radio service, the name of the applicant, station location, and the Commission file number (if known) or station call sign of the application involved. All correspondence or amendments concerning a submitted application may be sent directly to the Common Carrier Bureau. * * * * * 5. Section 21.13 is amended by deleting paragraph (f), redesignating paragraph (g) as (f), and revising paragraphs (a)(6) and (b) to read as follows:  21.13 General application requirements. (a) * * * (6) Show compliance with the special requirements applicable to each radio service and make all special showings that may be applicable (e.g., those required by Secs. 21.900, 21.912 and 21.913 of this part, etc.). (b) Applications may cross-reference previously filed material where documents, exhibits or other lengthy showings already on file with the Commission contain information which is required by an application form and may specifically refer to such information, if: * * * * * 6. Section 21.15 is amended by revising the introductory paragraph, and paragraphs (c), (d), and (g) to read as follows:  21.15 Technical content of applications. Applications shall contain all technical information required by the application form and any additional information necessary to fully describe the proposed facilities and to demonstrate compliance with all technical requirements of the rules governing the radio service involved (see Subparts C, F and K as appropriate). The following paragraphs describe a number of technical requirements. (a) * * * (b) * * * (c) Each application involving a new or modified transmitting antenna supporting structure, passive facility, or signal booster station, the addition or removal of a transmitting antenna, or the repositioning of an authorized antenna for a station must be accompanied by a vertical profile sketch of the total structure depicting its structural nature and clearly indicating the ground elevation (above sea level) at the structure site, the overall height of the structure above ground (including obstruction lights when required, lightning rods, etc.) and, if mounted on a building, its overall height above the building. The proposed antenna on the structure must be clearly identified and its height above-ground (measured to the center of radiation) clearly indicated. (d) Each application proposing a new or modified antenna structure for a station (including a passive repeater or signal booster station) so as to change its overall height shall indicate whether any necessary notification of the FAA has been made. Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in Part 17 of this chapter. See also Sec. 21.111 if the structure is used by more than one station. (e) * * * (f) * * * (g) Each application in the Multipoint Distribution Service proposing a new or replacement directional antenna shall include an antenna radiation pattern showing the antenna power gain distribution in the horizontal plane expressed in decibels, unless such pattern is known to be on file with the Commission in which case the applicant may reference in its application the FCC-ID number that indicates that the pattern is on file with the Commission. 7. Section 21.20 is amended by revising (b)(5) to read as follows:  21.20 Defective applications. * * * * * (b) * * * (5) The application does not certify the availability of the proposed station site. * * * * * 8. Section 21.23 is amended by deleting paragraphs (c)(1) and (d), redesignating (c)(2) through (c)(7) as (c)(1) through (c)(6), redesignating (e) through (g) as (d) through (f), and revising the newly redesignated paragraphs (c)(1) and (d)(1) to read as follows:  21.23 Amendment of applications. * * * * * (c) * * * (1) If in the Multipoint Distribution Service, the amendment results in a substantial modification of the engineering proposal such as (but not necessarily limited to): * * * * * (d) * * * (1) Any applicant whose application appears on its face to be mutually exclusive with the application being amended, including those applicants originally served under Sec. 21.902; * * * * * 9. Section 21.31 is amended by deleting paragraph (f), and revising paragraph (e)(3) to read as follows:  21.31 Mutually exclusive applications. * * * * * (e) * * * (3) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest, and for which a requested exemption from the "cut-off" requirements of this section is granted, unless the amendment is for more than a pro forma change of ownership or control(bankruptcy, death or legal disability) of a pending Multipoint Distribution Service application in which event the application will be dismissed; * * * * * 10. Section 21.33 is amended by deleting paragraph (a), and redesignating paragraph (b) through (d) as (a) through (c). 11. Section 21.39 is amended by revising paragraph (d)(3) to read as follows:  21.39 Considerations involving transfer or assignment applications. * * * * * (d) * * * (3) The median date of the applicable commencement dates (determined pursuant to paragraphs (c) (1) and (2) of this section) if the transaction involves two or more stations. (The median date is that date so selected such that fifty percent of the commencement dates of the total number of stations, when arranged in chronological order, lie below it and fifty percent lie above it. When the number of stations is an even number, the median date will be a value half way between the two dates closest to the theoretical median). * * * * * 12. Section 21.41 is amended by revising paragraphs (b) and (c) to read as follows:  21.41 Special processing of applications for minor facility modifications. * * * * * (b) An application may be considered under the procedures of this section only if: (1) It is in the Multipoint Distribution Service; (2) The cumulative effect of all such applications made within any 60 days period does not exceed the appropriate values prescribed by paragraph (c) of this section; (3) The facilities to be modified are not located within 56.3 kilometers (35 miles) of the Canadian or Mexican border; (4) It is acceptable for filing, is consistent with all of the Commission's rules, and does not involve a waiver request; (5) It specifically requests consideration pursuant to this section; and (6) Frequency coordination procedures are complied with and a copy of the application has been served on those who also were served under Sec. 21.902. (c) The modifications that may be authorized under the procedures of this section are: (1) Changes in a transmitter and existing transmitter operating characteristics, or protective configuration of transmitter, provided that: (i) In the Multipoint Distribution Service, any increase in EIRP is one and one-half dB or less over the previously-authorized power value. (ii) The necessary bandwidth is not increased by more than 10% of the previously authorized necessary bandwidth; (2) Changes in the height of an antenna, provided that: (i) In Multipoint Distribution Service, any increase in antenna height is less than 3.0 meters (10 feet) above the previously authorized height; and (ii) The overall height of the antenna structure is not increased as a result of the antenna extending above the height of the previously authorized structure, except when the new height of the antenna structure is 6.1 meters (20 feet) or less (above ground or man-made structure, as appropriate) after the change is made. (3) Change in the geographical coordinates of a transmit station by ten seconds or less of latitude, longitude or both, provided that when notice to the FAA of proposed construction is required by Part 17 of the rules for antenna structure at the previously authorized coordinates (or will be required at the new location) the applicant must comply with the provisions of  21.15(d). (4) An increase in the number of Digital Termination user stations. * * * * * 13. Section 21.42 is amended by deleting paragraph (c)(7), redesignating paragraph (c)(8) as (c)(7), and revising paragraphs (b) and (c)(3) to read as follows:  21.42 Certain modifications not requiring prior authorization. * * * * * (b) Licensees of fixed stations in the Multipoint Distribution Service may make the facility changes listed in paragraph (c) of this section without obtaining prior Commission authorization, if: (1) The Multipoint Distribution Service licensee serves a copy of the notification described in (b)(3) on those who were served under Sec. 21.902, and (2) * * * (3) * * * (c) * * * (3) Change to an antenna (other than any change involving a periscope antenna system), when the new antenna conforms with Sec. 21.906 and the gain of the new antenna does not exceed that of the previously authorized antenna by more than one dB in any direction. * * * * * 14. Section 21.43 is amended by revising paragraph (a) to read as follows:  21.43 Period of construction; certification of completion of construction. (a) Each license for a radio station for the services included in this Part shall specify as a condition therein the period during which construction of facilities will be completed and the station made ready for operation. Construction may not commence until the grant of a license, and must be completed by the date specified in the license as the termination date of the construction period. Except as may be limited by Sec. 21.45(b) or otherwise determined by the Commission for any particular application, the maximum construction period for all stations licensed under this Part shall be a maximum of 12 months from the date of the license grant. * * * * * 15. Section 21.45 is amended by revising paragraphs (a) and (c) to read as follows:  21.45 License period. (a) Licenses for stations in the Multipoint Distribution Service will be issued for a period not to exceed 10 years, except that licenses for developmental stations will be issued for a period not to exceed one year. The expiration date of developmental licenses shall be one year from the date of the grant thereof. Unless otherwise specified by the Commission, the expiration of regular licenses shall be on the following date in the year of expiration. Multipoint Distribution Service--May 1. When a license is granted subsequent to the last renewal date of the class of license involved, the license shall be issued only for the unexpired period of the current license term of such class. (b) * * * (c) Upon the expiration or termination of any station license, any related conditional authorization, which bears a later expiration date, shall be automatically terminated concurrently with the related station license, unless it shall have been determined by the Commission that the public interest, convenience or necessity would be served by continuing in effect said conditional authorization. 16. Section 21.100 is amended by deleting paragraphs (b) through (e) and deleting the "(a)" designation from the beginning of paragraph (a). 17. Section 21.101 is amended by deleting paragraph (b), redesignating paragraph (c) as (b), and revising paragraph (a) to read as follows:  21.101 Frequency tolerance. (a) The carrier frequency of each transmitter authorized in these services shall be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section or in the applicable subpart of this part (unless otherwise specified in the instrument of station authorization the reference frequency shall be deemed to be the assigned frequency): Frequency tolerance Frequency range for fixed stations (MHz) (percent) 2,150 to 2,162 /1/ /2/ 0.001 2,500 to 2,686 /2/ 0.005 /1/ Beginning Aug. 9, 1975, this tolerance will govern the marketing of equipment pursuant to Sec 2.803 and 2.805 of this chapter and the issuance of all authorizations for new radio equipment. Until that date new equipment may be authorized with a frequency tolerance of .03 percent in the frequency range 2,200 to 10,500 MHz and equipment so authorized may continue to be used for its life provided that it does not cause interference to the operation of any other licensee. Equipment authorized in the frequency range 2,450 to 10,500 MHz prior to June 23, 1969, at a tolerance of .05 percent may continue to be used until February 1, 1976 provided it does not cause interference to the operation of any other licensee. /2/ Beginning November 1, 1991, equipment authorized to be operated in the frequency bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-2668 MHz, and 2674- 2680 MHz for use in the Multipoint Distribution Service shall maintain a frequency tolerance within +/-1 KHz of the assigned frequency. * * * * * 18. Section 21.106 is amended by deleting paragraphs (a)(3) and (a)(4). 19. Section 21.107 is amended by revising paragraph (b) to read as follows:  21.107 Transmitter power. * * * * * (b) The rated power of a transmitter employed in these radio services shall not exceed the values shown in the following tabulation: Maximum allowable Maximum allowable transmitter power EIRP for a fixed Frequency Band for a fixed station station (MHz) (Watts) (dBW) 2,150 to 2,162 100.0 2000/1/ 2,500 to 2,686 100.0 2000/1/ /1/ When a Multipoint Distribution Service station uses a non-omnidirectional antenna EIRP up to 7943 Watts may be authorized pursuant to Sec. 21.904(b) of this Part. * * * * * 20. Section 21.108 is amended to read as follows:  21.108 Antennas. Where a station communicates with more than one point, a multi- or omni-directional antenna may be authorized if necessary. 21. Section 21.109 is amended by revising paragraph (b) to read as follows:  21.109 Antenna and antenna structures. * * * * * (b) The Commission may require the replacement, at the licensee's expense, of any antenna system of a permanent fixed station operating at 2500 MHz or higher upon a showing that said antenna causes or is likely to cause interference to any other authorized or proposed station. 22. Section 21.114 is amended by deleting the title and text, and designating the Section "[Reserved]" as follows:  21.114 [Reserved] 23. Section 21.119 is amended by deleting the title and text, and designating the Section "[Reserved]" as follows:  21.119 [Reserved] 24. Section 21.120 is amended by deleting paragraphs (d) and (e), and revising paragraph (a) to read as follows:  21.120 Authorization of transmitters. (a) Except for transmitters used at developmental stations, each transmitter shall be a type which has been type accepted by the Commission for use under the applicable rules of this part. * * * * * 25. Section 21.122 is amended by deleting paragraphs (a)(2) through (a)(5), (d) and (e), and revising paragraph (a) to read as follows:  21.122 Microwave digital modulation. (a) Microwave transmitters employing digital modulation techniques and operating below 15 GHz shall, with appropriate multiplex equipment, comply with the following additional requirement: The bit rate, in bits per second, shall be equal to or greater than the bandwidth specified by the emission designator in Hertz (e.g., to be acceptable, equipment transmitting at a 20 Mb/s rate must not require a bandwidth of greater than 20 MHz), except the bandwidth used to calculate the minimum rate shall not include any authorized guard band. * * * * * 26. Sections 21.212 through 21.214 are deleted. 27. Section 21.303 is amended by revising paragraphs (a) through (c) and (d)(1) to read as follows:  21.303 Discontinuance, reduction or impairment of service. (a) If the public communication service provided by a station in the Domestic Public Radio Services is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee shall promptly give notification thereof in writing to the Commission at Washington, DC 20554. In every such case, the licensee shall furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof shall be given in writing to the Commission at Washington, DC 20554. (b) No station licensee subject to title II of the Communications Act of 1934, as amended, shall voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter or complying with the requirements set forth at Sec. 21.910. In the event that permanent discontinuance of service is authorized by the Commission, the station licensee shall promptly send the station license to the Commission for cancellation at Washington, DC 20554, except that Multipoint Distribution Service station licenses need not be surrendered for cancellation if the discontinuance is a result of a change of status by a Multipoint Distribution Service licensee from common carrier to non-common carrier pursuant to Sec. 21.910. (c) Any station licensee, not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community shall give written notification to the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station licensee shall promptly send the station license to the Commission for cancellation at Washington, DC 20554, except that Multipoint Distribution Service station licenses need not be surrendered for cancellation if the discontinuance is a result of a change of status by a Multipoint Distribution Service licensee from non-common carrier to common carrier. (d) * * * (1) Submit for cancellation the station license (or licenses) to the Commission at Washington, DC 20554. * * * * * 28. Subpart G of Part 21 is revised by deleting the title, deleting Sections 21.500 through 21.512, and designating the Subpart "[Reserved]" as follows: Subpart G - [Reserved] 29. Subpart I of Part 21 is revised by deleting the title, deleting Sections 21.700 through 21.713, and designating the Subpart "[Reserved]" as follows: Subpart I - [Reserved] 30. Subpart J of Part 21 is revised by deleting the title, deleting Sections 21.800 through 21.809, and designating the Subpart "[Reserved]" as follows: Subpart J - [Reserved] 31. Section 21.901 is amended by revising paragraphs (a) and (e) to read as follows:  21.901 Frequencies. (a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-2668 MHz, and 2674-2680 MHz are available for assignment to fixed stations in this service. Frequencies in the band 2150-2160 MHz are shared with non-broadcast omnidirectional radio systems licensed under other parts of the Commission's Rules, and frequencies in the band 2160-2162 MHz are shared with directional radio systems authorized in other common carrier services. Frequencies in the 2596-2644 MHz band are shared with Instructional Television Fixed Service Stations licensed under Part 74 of the Commission's Rules. The response channels E1, E2, F1, and F2 listed in Sec. 74.939(d) of this chapter are grandfathered for fixed stations in this band and are shared with Instructional Television Fixed Service Stations licensed under part 74 of the Commission's rules; the existing response channels E3, E4, F3, and F4 listed in Sec. 74.939(d) of this chapter are grandfathered and licensed under this part 21. * * * * * (e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-19,160 MHz are available for assignment to fixed stations in this service for a point-to-point return links from a subscriber's location. Assignments in the 18 GHz band for these return links will be made in accordance with the provisions of Subpart I of Part 101. * * * * * 32. Section 21.902 is amended by revising paragraphs (c)(1)(ii), (c)(2)(i), (c)(2)(ii) and (f)(3) to read as follows:  21.902 Frequency interference. * * * * * (c) * * * (ii) if the great circle path between the applicant's proposed transmitter and the protected service area of any authorized, or previously-proposed, cochannel or adjacent-channel station(s) is within 241.41 km (150 miles) or less and 90 percent or more of the path is over water or within 16.1 km (10 miles) of the coast or shoreline of the Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great Lakes, or any bay associated with any of the above (see Secs. 21.901(a) and 74.902 of this chapter); (2)(i) One map, folded to an 8 1/2 x 11 inch (21.6 cm x 27.9 cm) size, identifying the boundaries of the protected service areas of each authorized or previously-proposed cochannel station with transmitter site coordinates within 160.94 km (100 miles) of the coordinates of the applicant's proposed transmitter site, and the 45 dB desired signal to undesired signal contour line of the applicant's proposed MDS station for cochannel stations; and (ii) A second map, folded to an 8 1/2 x 11 inch (21.6 cm x 27.9 cm) size, identifying the boundaries of the protected service areas of each authorized or previously-proposed adjacent-channel station with transmitter site coordinates within 160.94 km (100 miles) of the coordinate of the applicant's proposed transmitter site, and the 0 dB desired signal to undesired signal contour line of the applicant's proposed MDS station for adjacent-channel stations (see 47 CFR 21.902(d)); * * * * * (f) * * * (3) For purposes of this section all interference calculations involving receive antenna performance shall use the reference antenna characteristics shown in figure 1. [ ...Illustration appears here... ] Figure I. Radiation Pattern Envelope for Reference Receive Antenna (21.902 (f)(3)) * * * * * 33. Section 21.903 is amended by revising paragraph (a) to read as follows:  21.903 Purpose and permissible service. (a) Multipoint Distribution Service stations are generally intended to provide one-way radio transmission (usually in an omnidirectional pattern) from a stationary transmitter to multiple receiving facilities located at fixed points. When service is provided on a common carrier basis, subscriber supplied information is transmitted to points designated by the subscriber. When service is provided on a non-common carrier basis, transmissions may include information originated by persons other than the licensee, licensee- manipulated information supplied by other persons, or information originated by the licensee. Point-to-point radio return links from a subscriber's location to a MDS operator's facilities may be authorized in the 18,580 through 18,820 MHz and 18,920 through 19,160 MHz bands. Rules governing such operation are contained in Subpart I of Part 101, the Point-to-Point Microwave Radio Service. * * * * * IV. Part 94 of Chapter 1 of Title 47 of the Code of Federal Regulations is removed and reserved for future use. V. Part 101 of Chapter 1 of Title 47 of the Code of Federal Regulations is added to read as follows: PART 101 FIXED MICROWAVE SERVICES Subpart A--General Sec. 101.1 Scope and authority. 101.3 Definitions. Subpart B--Applications and Licenses General Filing Requirements 101.5 Station authorization required. 101.7 Eligibility for station license. 101.9 Formal and informal applications. 101.11 Filing of applications, fees, and number of copies. 101.13 Application forms and requirements for private operational fixed stations. 101.15 Application forms for common carrier fixed stations. licenses. 101.17 [Reserved] 101.19 General application requirements. 101.21 Technical content of applications. 101.23 Waiver of rules. 101.25 Inconsistent or conflicting applications. 101.27 Repetitious applications. 101.29 Amendment of pending applications. 101.31 Special temporary authority. 101.33 Who may sign applications. Processing of Applications 101.35 Preliminary processing of applications. 101.37 Public notice period. 101.39 Dismissal and return of applications. 101.41 Ownership changes and agreements to amend or dismiss applications or pleadings. 101.43 Opposition to applications. 101.45 Mutually exclusive applications. 101.47 Consideration of applications. 101.49 Grants by random selection. 101.51 Comparative evaluation of mutually exclusive applications. License Transfers, Modifications, Conditions and Forfeitures 101.53 Assignment or transfer of station authorization. 101.55 Considerations involving transfer or assignment applications. 101.57 Modification of station license. 101.59 Processing of applications for facility minor modifications. 101.61 Certain modifications not requiring prior authorization. 101.63 Period of construction; certification of completion of construction. 101.65 Forfeiture and termination of station authorizations. 101.67 License period. 101.69 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Common Carrier Fixed Radio Services and the 1.85-1.99, 2.13-2.15, and 2.18-2.20 GHz bands from Private Operational Fixed Microwave Radio Service to emerging technologies. Subpart C--Technical Standards 101.101 Frequency availability. 101.103 Frequency coordination procedures. 101.105 Interference protection criteria. 101.107 Frequency tolerance. 101.109 Bandwidth. 101.111 Emission limitations. 101.113 Transmitter power. 101.115 Directional antennas. 101.117 Antenna polarization. 101.119 Simultaneous use of common antenna structures. 101.121 Marking of antenna structures. 101.123 Quiet zones. 101.125 Temporary fixed antenna height restrictions. 101.127 Topographical data. 101.129 Transmitter location. 101.131 Transmitter construction and installation. 101.133 Limitations on use of transmitters. 101.135 Shared use of radio stations and the offering of private carrier service. 101.137 Interconnection of private operational fixed microwave stations. 101.139 Authorization of transmitters. 101.141 Microwave digital modulation. 101.143 Minimum path lengths for fixed links. 101.145 Interference to geostationary-satellites. Subpart D--Technical Operation 101.201 Station inspection. 101.203 Communications concerning safety of life and property. 101.205 Operation during emergency. 101.207 Suspension of transmission. 101.209 Operation of stations at temporary fixed locations for communication between the United States and Canada or Mexico. 101.211 Operator requirements for private operational fixed stations. 101.213 Station identification. Subpart E--Miscellaneous 101.301 National defense; free service. 101.303 Answers to notices of violation. 101.305 Discontinuance, reduction or impairment of service. 101.307 Tariffs, reports, and other material required to be submitted to the Commission. 101.309 Requirement that licensees respond to official communications. 101.311 Equal employment opportunities. Subpart F--Developmental Authorizations 101.401 Eligibility. 101.403 Scope of service. 101.405 Adherence to program of research and development. 101.407 Special procedure for the development of a new service or for the use of frequencies not in accordance with the provisions of the rules in this part. 101.409 Terms of grant; general limitations. 101.411 Supplementary showing required. 101.413 Developmental report required. Subpart G--Digital Electronic Message Service 101.501 Eligibility. 101.503 Digital termination nodal stations. 101.505 Frequencies. 101.507 Frequency stability. 101.509 Interference protection criteria. 101.511 Purpose and permissible service. 101.513 Transmitter power. 101.515 Emissions and bandwidth. 101.517 Antennas. 101.519 Interconnection. 101.521 Spectrum utilization. Subpart H--Private Operational Fixed Microwave Service 101.601 Eligibility. 101.603 Permissible communications. 101.605 Frequencies. 101.607 Maximum authorized bandwidth. 101.609 Technical standards for stations authorized prior to July 1, 1976. Subpart I--Point-to-Point Microwave Radio Service 101.701 Eligibility. 101.703 Frequencies. 101.705 Transmitter power. 101.707 Bandwidth and emission limitations. 101.709 Modulation requirements. 101.711 Permissible communications. 101.713 Supplementary showing required with applications. 101.715 Stations at temporary fixed locations. 101.717 Notification of station operation at temporary fixed locations. 101.719 Renewal of station licenses. 101.721 Channel loading. 101.723 Special requirements for operation in the band 38.600-40.000 MHz. Subpart J--Local Television Transmission Service 101.801 Eligibility. 101.803 Frequencies. 101.805 Assignment of frequencies to mobile stations. 101.807 Transmitter power. 101.809 Bandwidth and emission limitations. 101.811 Modulation requirements. 101.813 Remote control operation of mobile television pickup stations. 101.815 Stations at temporary fixed locations. 101.817 Notification of station operation at temporary locations. 101.819 Stations affected by coordination contour procedures. PART 101 Subpart A -- General  101.1 Scope and authority. (a) The purpose of the rules in this part is to prescribe the manner in which portions of the radio spectrum may be made available for private operational and common carrier fixed microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf. (b) The rules in this part are issued pursuant to the authority contained in Titles I through III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to regulate common carriers of interstate and foreign communications, to regulate radio transmissions and issue licenses for radio stations, and to regulate all interstate and foreign communications by wire and radio necessary to the accomplishment of the purposes of the Act.  101.3 Definitions Antenna power gain. The square of the ratio of the root-mean-square free space field intensity produced at one mile in the horizontal plane, in millivolts per meter for one kilowatt antenna input power to 137.6 mV/m. This ratio should be expressed in decibels (dB). (If specified for a particular direction, antenna power gain is based on the field strength in that direction only.) Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network. Antenna structure. The antenna, its supporting structure and anything attached to it. Assigned frequency. The center of the frequency band assigned to a station. Assigned frequency bandwidth. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Authorized bandwidth. The maximum bandwidth authorized to be used by a station as specified in the station license. (See  2.202) Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. Bandwidth occupied by an emission. The band of frequencies comprising 99 percent of the total radiated power extended to include any discrete frequency on which the power is at least 0.25 percent of the total radiated power. Bit rate. The rate of transmission of information in binary (two state) form in bits per unit time. Carrier. In a frequency stabilized system, the sinusoidal component of a modulated wave whose frequency is independent of the modulating wave; or the output of a transmitter when the modulating wave is made zero; or a wave generated at a point in the transmitting system and subsequently modulated by the signal; or a wave generated locally at the receiving terminal which when combined with the side bands in a suitable detector, produces the modulating wave. Carrier frequency. The output of a transmitter when the modulating wave is made zero. Central office. A landline termination center used for switching and interconnection of public message communication circuits. Communication common carrier. Any person engaged in rendering communication service for hire to the public. Control point. An operating position at which an operator responsible for the operation of the transmitter is stationed and which is under the control and supervision of the licensee. Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter. Coordination area. The area associated with a station outside of which another station sharing the same or adjacent frequency band neither causes nor is subject to interfering emissions greater than a permissible level. Coordination contour. The line enclosing the coordination area. Coordination distance. The distance on a given azimuth from a station beyond which another station neither causes nor is subject to interfering emissions greater than a permissible level. Digital Electronic Message Service. A two-way end-to-end fixed radio service utilizing digital termination systems for the exchange of digital information. This service may also make use of point-to-point microwave facilities, satellite facilities or other communications media to interconnect digital termination systems to comprise a network. Digital modulation. The process by which some characteristic (frequency, phase, amplitude or combinations thereof) of a carrier frequency is varied in accordance with a digital signal, e.g. one consisting of coded pulses or states. Digital Electronic Message Nodal Station. A fixed point-to-multipoint radio station in a Digital Electronic Message Service providing two-way communication with Digital Electronic Message User Stations. Digital Electronic Message User Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Digital Electronic Message Nodal Station, and providing two-way digital communications with the Digital Electronic Message Nodal Station. Drop point. A term used in the point-to-point microwave radio service to designate a terminal point where service is rendered to a subscriber. Earth station. A station located either on the Earth's surface or within the major portion of Earth's atmosphere and intended for communication with one or more space stations or with one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. Effective radiated power (ERP). The product of the power supplied to the antennas and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Exchange. A unit of a communication company or companies for the administration of communication service in a specified area, which usually embraces a city, town, or village and its environs, and consisting of one or more central offices, together with the associated plant, used in furnishing communication service in that area. Exchange area. The geographic area included within the boundaries of an exchange. Fixed satellite earth station. An earth station intended to be used at a specified fixed point. Fixed relay station. A fixed station associated with one or more stations, established to receive radio signals directed to it and to retransmit them automatically on a fixed service frequency. Fixed Service. A radiocommunications service between specified fixed points. Fixed station. A station in the fixed service. Frequency tolerance. The maximum permissible departure by the center frequency of the frequency band occupied by an emission from the assigned frequency or, by the characteristic frequency of an emission from the reference frequency. NOTE: The frequency tolerance is expressed in parts in 106 or in hertz. General communication. Two-way voice communication, through a base station, between (1) a common carrier land mobile or airborne station and a landline telephone station connected to a public message landline telephone system, or (2) two common carrier land mobile stations, or (3) two common carrier airborne stations, or (4) a common carrier land mobile station and a common carrier airborne station. Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with these Regulations. Internodal link. A point-to-point communications link used to provide communications between Nodal Stations or to interconnect Nodal Stations to other communications media. Landing area. A landing area means any locality, either of land or water, including airports and intermediate landing fields, which is used, or approved for use for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. Local television transmission service. A public radio communication service for the transmission of television material and related communications. Long haul system. A microwave system licensed under this Part in which the longest radio circuit of tandem radio paths exceeds 402 kilometers (250 miles). Master station. A station in a multiple address radio system that controls, activates or interrogates four or more remote stations. Master stations performing such functions may also receive transmissions from remote stations. Message center. The point at which messages from members of the public are accepted by the carrier for transmission to the addressee. Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above. Microwave link. A link is defined as a simplex communications circuit between two points utilizing a single frequency/polarization assignment. A duplex communications circuit would require two links, one link in each direction. Miscellaneous common carriers. Communications common carriers that are not engaged in the business of providing either a public landline message telephone service or public message telegraph service. Mobile earth station. An earth station intended to be used while in motion or during halts at unspecified points. Mobile Service. A radiocommunication service between mobile and land stations or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Multiple address system (MAS). A point-to-multipoint radio communications system, either one-way or two-way, utilizing frequencies listed in Section 101.605 and serving a minimum of four unique remote stations. Each master station must serve at least its own four remotes operating on its assigned frequency. The remote stations must be scattered over the service area in such a way that two or more point-to-point systems would be needed to serve those remotes. Necessary bandwidth. For a given class of emission, the width of the frequency band that is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. The necessary bandwidth may be calculated using the formulas in  2.202 of this Chapter. Nodal station. The central or controlling station in a radio system operating on point-to- multipoint frequencies in the 2.5, 10.6, or 18 GHz bands. Occupied bandwidth. The width of a frequency bandwidth such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage, B/2 of the total mean power of a given emission. Unless otherwise specified by the CCIR for the appropriate class of emission, the value of B/2 should be taken as 0.5%. Note: The percentage of the total power outside the occupied bandwidth is represented by B. Operational fixed station. A private fixed station not open to public correspondence. Passive repeater. A re-radiation device located in the far field of a transmitting/receiving antenna that re-directs intercepted radio frequency energy. For example, it may consist of a reflector(s) or back-to-back parabolic or horn antennas. Periscope antenna system. An antenna system that re-directs intercepted radio frequency energy consisting of an active portion and a reflector which is located in the near field or transition field (i.e., within several hundred meters) of the active portion. Point-to-point microwave radio service. A common carrier public radio service rendered on microwave frequencies by fixed and temporary fixed stations between points that lie within the United States or between points to its possessions or to points in Canada or Mexico. Private carrier. An entity licensed in the private service and authorized to provide communications service to other private service eligibles on a commercial basis. Private line service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time. Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. Public message service. A service whereby facilities are offered to the public for communication between all points served by a carrier or by interconnected carriers on a non-exclusive message by message basis, contemplating a separate connection for each occasion of use. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. Radiocommunication. Telecommunication by means of radio waves. Rated power output. The maximum radio frequency power output capability (peak or average power) of a transmitter, under optimum conditions of adjustment and operation, specified by its manufacturer. Record communication. Any transmission of intelligence which is reduced to visual record form at the point of reception. Reference frequency. A frequency coinciding with or having a fixed and specified relation to the assigned frequency. This frequency does not necessarily correspond to any frequency in an emission. Relay station. A fixed station used for the reception and retransmission of the signals of another station or stations. Remote station. A fixed station in a multiple address radio system that transmits one-way to one or more central receive sites, controls a master station, or is controlled, activated or interrogated by, and may respond to, a master station. Repeater station. A fixed station established for the automatic retransmission of radiocommunications received from one or more mobile stations and directed to a specified location; for public mobile radio operations, a fixed station that automatically retransmits the mobile communications and/or transmitter information about the base station, along a fixed point-to-point link between the base station and the central station. Short haul system. A microwave system licensed under this Part in which the longest radio circuit of tandem radio paths does not exceed 402 kilometers (250 miles). Signaling communication. One-way communications from a base station to a mobile or fixed receiver, or to multi-point mobile or fixed receivers by audible or subaudible means, for the purpose of actuating a signaling device in the receiver(s) or communicating information to the receiver(s), whether or not the information is to be retained in record form. Standby transmitter. A transmitter installed and maintained for use in lieu of the main transmitter only during periods when the main transmitter is out of service for maintenance or repair. Symbol rate. Modulation rate in bauds. This rate may be higher than the transmitted bit rate as in the case of coded pulses or lower as in the case of multilevel transmission. Telegraphy. A form of telecommunication which is concerned in any process providing transmission and reproduction at a distance of documentary matter, such as written or printed matter or fixed images, or the reproduction at a distance of any kind of information in such a form. Unless otherwise specified, telegraphy means a form of telecommunication for the transmission of written matter by the use of signal code. Telemetering. The use of telecommunication for automatic indicating or recording measurements at a distance from the measuring instrument. Telephony. A form of telecommunication set up for the transmission of speech, or in some cases, other sounds. Television. A form of telecommunication for transmission of transient images of fixed or moving objects. Temporary fixed station. A station established in a non-permanent mode (temporary) at a specified location for a short period of time, ranging up to one year. Temporary-fixed operations are itinerant in nature, and are not to be confused with mobile-type operations. Video entertainment material. The transmission of a video signal (e.g. United States Standard Monochrome or National Television Systems Committee 525-line television) and an associated audio signal which is designed primarily to amuse or entertain, such as movies and games. Subpart B: Applications and Licenses GENERAL FILING REQUIREMENTS  101.5 Station authorization required. (a) No radio transmitter shall be operated in this service except under and in accordance with a proper station authorization granted by the Federal Communications Commission. Except as provided in paragraph (d) of this section, no construction or modification of a station may be commenced without an authorization from the Commission. (b) A separate application form must be filed for each Digital Electronic Message Service Nodal Station. No license is required for a Digital Electronic Message User Station. Authority for a Digital Electronic Message Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 494 filed for the Digital Electronic Message Nodal Station. (c) If construction and or operation may have a significant environmental impact as defined by Sec. 1.1307 of the Commission's rules, the requisite environmental assessment as prescribed in Sec. 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed before construction of the station is initiated. See  1.1312 of this chapter. (d) For stations authorized under Subpart H (Private Operational Fixed Radio Service), construction, but not operation, of new or modified stations may be initiated prior to grant of an authorization.  101.7 Eligibility for station license. (a) A station license may not be granted to or held by a foreign government or by a representative of a foreign government. (b) In the Common Carrier service, a station license may not be granted or held by: (1) Any alien or the representative of any alien. (2) Any corporation organized under the laws of any foreign government. (3) Any corporation of which any officer or director is an alien. (4) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country. (5) Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, if the Commission finds that the public interest will be served by the refusal or revocation of such license. (6) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that the public interest will be served by the refusal or revocation of such license.  101.9 Formal and informal applications. (a) Except for an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the Commission will grant the following authorizations only upon written application: Station licenses; modifications of station licenses; renewals of station licenses; extensions of time to construct; transfers and assignments of station licenses or of any rights thereunder. (b) Except as may be otherwise permitted by this Part, a separate written application must be filed for each instrument of authorization requested. Applications may be: (1) "Formal applications" where the Commission has prescribed in this part a standard form; or (2) "Informal applications" (normally in letter form) where the Commission has not prescribed a standard form. (c) An informal application will be accepted for filing only if: (1) A standard form is not prescribed or clearly applicable to the authorization requested; (2) It is a document submitted, in duplicate, with a caption which indicates clearly the nature of the request, radio service involved, location of the station, and the application file number (if known); and (3) It contains all the technical details and informational showings required by the rules and states clearly and completely the facts involved and authorization desired.  101.11 Filing of applications, fees, and number of copies. (a) Part 1 of this chapter contains information on application filing procedures and requirements for all services authorized under this Part. All filings must include the original application plus one copy. (b) Applications or filings requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with Sec. 0.401(b) of this chapter. Applications or filings not requiring fees must be submitted to: Federal Communications Commission, Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, PA 17325. (c) All correspondence or amendments concerning a submitted application must clearly identify the radio service, the name of the applicant, station location, and the Commission file number (if known) or station call sign of the application involved. (d) Except as otherwise specified, all applications, amendments, and correspondence must be signed as prescribed by Part 1 of this Chapter.  101.13 Application forms and requirements for private operational fixed stations. (a) A separate application must be submitted on FCC Form 402 for the following: (1) New station authorization for private operational fixed microwave station. (2) New authorization to operate one or more fixed stations at temporary locations in this service. (3) Modification of station license. (4) New station authorization or modification of license for each master station of a system consisting of a master station and its associated remote stations. (5) The Commission's consent to the assignment of an authorization to another person or entity. In addition, the application must be accompanied by a signed letter from proposed assignor stating the desire to assign all right, title, and interest in and to such authorization, stating the call sign and location of the station, and that the assignor will submit its current station authorization for cancellation upon completion of the assignment. Form 1046 may be used in lieu of this letter. (b) An application for authority to operate a fixed station at temporary locations must specify the precise geographic area within which the operation will be confined. The area specified must be defined as a radius of operation about a given latitude/longitude or as a rectangular area bounded by upper and lower lines of latitude and longitude. Exception to this specific requirement may be made for exceptionally large areas, such as the continental United States. Sufficient data must be submitted to show the need for the proposed area of operation. (1) If an operational-fixed station is authorized to be operated at temporary locations and actually remains, or is to remain, at the same location for a period of over a year, application for a permanent authorization specifying the fixed location must be made as soon as possible but not later than 30 days after the expiration of the one-year period. (2) Operation of a fixed station at temporary locations will be authorized only on the frequency pair 6535/6575 MHz, and in frequency bands shared for operational fixed and mobile operations. (c) A separate application form for point-to-multipoint frequencies in the 10.6 GHz and 18 GHz bands must be filed for each Nodal Station except for operations consistent with  101.605(l)(3). Each Nodal Station application must specify the service area that will be served by the station in terms of a distance radius or other geographical specification, and, if applicable, the Standard Metropolitan Statistical Area (SMSA) being served. (d) Application for renewal of station licenses must be submitted on such form as the Commission may designate by public notice. Applications for renewal must be made during the license term and should be filed within 90 days, but not later than 30 days, prior to the end of the license term. When a licensee submits a timely application for renewal of a station license, the existing license for that station will continue as a valid authorization until the Commission has made a final decision on the application. (e) A separate application must be filed for each fixed master station in a Multiple Address System (MAS). Applications may include any number of remote stations in a single application, but must specify the geographic service area in which these remote stations will be located. Applications for mobile operations or for systems employing only remote stations must designate a reference point (set of coordinates) at or near the center of the area being served.  101.15 Application forms for common carrier fixed stations. (a) New or modified facilities. FCC Form 494 must be submitted and a license granted for each station prior to commencement of any proposed station construction. FCC Form 494 also must be submitted to amend any license application, to modify any license pursuant to  101.57(a) and 101.59, and to notify the Commission of modifications made pursuant to  101.61. Cancellation of a license can be made by letter. (b) Certification of completion of construction. FCC Form 494A must be submitted to certify completion of construction. (c) Additional time to construct. FCC Form 701 ("Application for Additional Time to Construct Radio Station") must be filed prior to the expiration of the time for construction noted in a license to modify the license by extending the period of construction. (d) Renewal of station license. Except for renewal of special temporary authorizations, FCC Form 405 ("Application for Renewal of Station License") must be filed by the licensee between thirty (30) and sixty (60) days prior to the expiration date of the license sought to be renewed. Whenever a group of station licenses in the same radio service are to be renewed simultaneously, a single "blanket" application may be filed to cover the entire group if the application identifies each station by call sign and station location. Applicants should note also any special renewal requirements under the rules for each radio service. (e) Assignment of license. FCC Form 702 ("Application for Consent to Assignment of Radio Station Construction Authorization or License for Stations in Services Other than Broadcast") must be submitted to assign voluntarily (as by, for example, contract or other agreement) or involuntarily (as by, for example, death, bankruptcy, or legal disability) the station authorization. In the case of involuntary assignment (or transfer of control) the application must be filed within 10 days of the event causing the assignment (or transfer of control). FCC Form 702 must also be used for non-substantial (pro forma) assignments. In addition, FCC Form 430 ("Licensee Qualification Report") must be submitted by the proposed assignee unless such assignee has a current and substantially accurate report on file with the Commission. Whenever a group of station licenses in the same radio services are to be assigned to a single assignee, a single "blanket" application may be filed to cover the entire group, if the application identifies each station by call sign and station location. The assignment must be completed within 45 days from the date of authorization. Upon consummation of an approved assignment, the Commission must be notified by letter of the date at consummation within 10 days of its occurrence. (f) Partial assignment of license. Authorization for assignment from one company to another of only a part or portions of the facilities (transmitters) authorized under an existing license (as distinguished from an assignment of the facilities in their entirety) may be granted upon application: (1) By the assignor on FCC Form 494 for deletion of the assigned facilities (no fee required). (2) By the assignee on FCC Form 494 with a request for recertification in the name of the assignee for frequencies eliminated from assignor's license (fee required). The assignment must be consummated within 45 days from the date of authorization. In the event that consummation does not occur, FCC Form 494 must be submitted to return the assignor's license to its original condition. (g) Transfer of control of corporation holding a conditional license or license. FCC Form 704 ("Application for Consent to Transfer of Control") must be submitted in order to voluntarily or involuntarily transfer control (de jure or de facto) of a corporation holding any conditional licenses or licenses. FCC Form 704 must also be used for non-substantial (pro forma) transfers of control. The transfer must be completed within 45 days from the date of authorization. Upon consummation of an approved transfer, the Commission must be notified by letter of the date of consummation within 10 days of its occurrence. Applicant may request extension of time to consummate by submitting an informal request within 10 days of date expiration of authorization. (h) Licensee qualifications. FCC Form 430 ("Licensee Qualification Report") must be filed annually, no later than March 31 for the end of the preceding calendar year, by licensees for each common carrier radio service authorized under this part, if service was offered at any time during the preceding year. Each annual filing must include all changes of information required by FCC Form 430 that occurred during the preceding year. In those cases in which there has been no change in any of the required information, the applicant or licensee, in lieu of submitting a new form, may so notify the Commission by letter.  101.17 [Reserved]  101.19 General application requirements. (a) Each application for a license or for consent to assignment or transfer of control must: (1) Disclose fully the real party (or parties) in interest, including (as required) a complete disclosure of the identify and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant; (2) Demonstrate the applicant's legal, technical, and other qualifications to be a licensee; (3) Submit the information required by the Commission's Rules, requests, and application forms; (4) Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of Sec. 1.65 of this chapter; and (5) Show compliance with the special requirements applicable to each radio service and make all special showings that may be applicable (e.g., those required by  101.103(d), 101.701, 101.713 and of this part, etc.). (b) In addition to the general application requirements of  101.19 and 101.21 of this part, applicants must submit any additional documents, exhibits, or signed written statements of fact: (1) As may be required by the other parts of the Commission's Rules, and the other subparts of this part (particularly Subpart C and those subparts applicable to the specific radio service involved); and (2) As the Commission, at any time after the filing of an application and during the term of any authorization, may require from any applicant, permittee, or licensee to enable it to determine whether a radio authorization should be granted, denied, or revoked. (c) All applicants are required to indicate at the time their application is filed whether an authorization of the facilities is categorically excluded as defined by  1.1306 of the Commission's rules. If answered affirmatively, an Environmental Assessment as described by  1.1311, need not be filed with the application.  101.21 Technical content of common carrier applications. Applications must contain all technical information required by the application form and any additional information necessary to fully describe the proposed facilities and to demonstrate compliance with all technical requirements of the rules governing the radio service involved (see Subparts C, F, G, I, and J, as appropriate). The following paragraphs describe a number of technical requirements. (a) Each application proposing a new or modified antenna structure for a station (including a receive-only or passive repeater) must include a copy of the FAA "no hazard determination" if FAA notification is required by Part 17 of this chapter. Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in Part 17 of this chapter. See also Sec. 101.121 if the structure is used by more than one station. (b) Each application for construction permit for a developmental authorization must be accompanied by pertinent supplemental information as required by Sec. 101.411 in addition to such information as may be specifically required by this section. (c) Each application in the Point-to-Point Radio, Local Television Transmission, and Digital Electronic Message Service (excluding user stations) proposing a new or replacement antenna (excluding omnidirectional antennas) must include an antenna radiation pattern showing the antenna power gain distribution in the horizontal plane expressed in decibels, unless such pattern is known to be on file with the Commission in which case the applicant may reference in its application the FCC-ID number that indicates that the pattern is on file with the Commission.  101.23 Waiver of rules. Waivers of these rules may be granted upon application or on the Commission's own motion. A request for waiver shall contain a statement of reasons sufficient to justify a waiver. A waiver will not be granted except upon an affirmative showing that: (a) The underlying purpose of the rule will not be served, or would be frustrated, by its application in the particular case, and that grant of the waiver is otherwise in the public interest; or (b) The unique facts and circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest. Applicants must also show the lack of a reasonable alternative.  101.25 Inconsistent or conflicting applications. While an application is pending and undecided, no subsequent inconsistent or conflicting application may be filed by the same applicant, the applicant's successor or assignee, or on behalf or for the benefit of the same applicant, the applicant's successor or assignee.  101.27 Repetitious applications. (a) Where an applicant has been afforded an opportunity for a hearing with respect to a particular application for a new station, or for an extension or enlargement of a service or facilities, and the Commission has, after hearing or default, denied the application or dismissed it with prejudice, the Commission will not consider a like application involving service of the same kind to the same area by the same applicant, or by the applicant's successor or assignee, or on behalf of or for the benefit of the original parties in interest, until after the lapse of 12 months from the effective date of the Commission's order. The Commission may, for good cause shown, waive the requirements of this section. (b) Where an appeal has been taken from the action of the Commission denying a particular application, another application for the same class of station and for the same area, in whole or in part, filed by the same applicant or by the applicant's successor or assignee, or on behalf or for the benefit of the original parties in interest, will not be considered until the final disposition of such appeal.  101.29 Amendment of pending applications. (a) Any pending application may be amended as a matter of right if the application has not been designated for hearing, or for comparative evaluation pursuant to  101.51, or for the random selection process, provided, however, that the amendments must comply with the provisions of  101.41 as appropriate. (b) Requests to amend an application designated for hearing or for comparative evaluation, or tentatively selected by the random selection process may be granted only if a written petition demonstrating good cause is submitted and properly served upon the parties of record. (c) The Commission will classify amendments on a case-by-case basis. Whenever previous amendments have been filed, the most recent amendment will be classified by reference to how the information in question stood as of the latest Public Notice issued which concerned the application. An amendment will be deemed to be a major amendment subject to Sec. 101.37 and Sec. 101.45 under any of the following circumstances: (1) if the amendment results in a substantial modification of the engineering proposal such as (but not necessarily limited to): (i) A change in, or an addition of a radio frequency channel; (ii) A change in polarization of the transmitted signal; (iii) An increase in the transmitter output power of three (3) dB or more in the Private Fixed, Point-to-Point, and Local Television Transmission Services; (iv) A change in type of transmitter emission or an increase in emission bandwidth requiring a larger authorized bandwidth; (v) A change in the geographic coordinates of a station's transmitting antenna of more than ten (10) seconds of latitude or longitude, or both; (vi) A change of more than one (1) degree in the azimuth of the center of the main lobe of radiation of a point-to-point station's transmitting antenna (including any deflections by repeating devices); (vii) Any change which increases the antenna center line height to a new height that would trigger a requirement for a new aeronautical study; or (viii) Any changes or combination of changes which would cause harmful electrical interference to an authorized facility or result in a mutually exclusive conflict with another pending application; or (ix) Any technical change that would increase the effective radiated power in any direction by more than one and one-half (1.5) dB in the Digital Electronic Message Service. (2) If the amendment would convert a proposal, such that it may have a significant impact upon the environment under Sec. 1.1307 of the Commission's rules, which would require the submission of an environmental assessment, see Sec. 1.1311 of this chapter, and Commission environmental review, see Secs. 1.1308 and 1.1312 of this chapter. (3) If the amendment results in a substantial and material alteration of the proposed service. (4) If the amendment specifies a substantial change in beneficial ownership or control (de jure or de facto) of an applicant such that the change would require, in the case of an authorized station, the filing of a prior assignment or transfer of control application under section 310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a change would not be considered major where the assignment or transfer of control is for legitimate business purposes other than the acquisition of applications. (5) If the amendment, or the cumulative effect of the amendment, is determined by the Commission otherwise to be substantial pursuant to section 309 of the Communications Act of 1934. (d) The applicant must serve copies of any amendments or other written communications upon the following parties: (1) Any applicant whose application appears on its face to be mutually exclusive with the application being amended, including those applicants originally served under  101.509; (2) Any applicant whose application has been found by the Commission, as published in a public notice, to be mutually exclusive with the application being amended; and (3) Any party who has filed a petition to deny the application or other formal objection, when that petition or formal objection has not been resolved by the Commission. (e) The Commission may waive the service requirements of paragraph (d) of this section and prescribe such alternative procedures as may be appropriate under the circumstances to protect petitioners' interests and to avoid undue delay in a proceeding, if an applicant submits a request for waiver which demonstrates that the service requirement is unreasonably burdensome. Requests for waiver must be served on petitioners. Oppositions to the petition may be filed within five (5) days after the petition is filed and must be served on the applicant. Replies to oppositions will not be entertained. (f) Any amendment to an application must be signed and must be submitted in the same manner, and with the same number of copies, as was the original application. Amendments may be made in letter form if they comply in all other respects with the requirements of this chapter.  101.31 Special temporary authority. (a) In circumstances requiring immediate or temporary use of facilities, request may be made for special temporary authority to install and/or operate new or modified equipment. Any such request may be submitted as an informal application in the manner set forth in Section 101.9 and must contain full particulars as to the proposed operation including all facts sufficient to justify the temporary authority sought and the public interest therein. No such request will be considered unless the request is received by the Commission at least 10 days prior to the date of proposed construction or operation or, where an extension is sought, expiration date of the existing temporary authorization. (b) Special temporary authorization may be granted upon written request in the following circumstances: (1) In emergency situations; (2) to permit restoration or relocation of existing facilities to continue communication service; (3) to conduct tests to determine necessary data for the preparation of an application for regular authorization; (4) for a temporary, non-recurring service where a regular authorization is not appropriate; (5) in other situations involving circumstances which are of such extraordinary nature that delay in the institution of temporary operation would seriously prejudice the public interest. (c) The Commission may grant requests for special temporary authority without issuing the public notice provided for in 1.962 of this chapter for periods not exceeding 180 days, if there are extraordinary circumstances supporting the request and where delay in commencing temporary operation would seriously prejudice the public interest. Requests for special temporary authorization not involving extraordinary circumstances may be granted without public notice for a period of 30 days where an application for regular operation is not contemplated or for 60 days pending or after the filing of an application for regular operation. (d) Request for special temporary authority must contain the following information: (1) Name, address, and citizenship status of applicant; (2) Need for special action, including a description of any emergency or damage to equipment; (3) Type of operation to be conducted; (4) Purpose of operation; (5) Time and date of operation desired; (6) Class of station and nature of service; (7) Location of station and points with which station will communicate; (8) Equipment to be used, specifying manufacturer, model number, and number of units; (9) Frequency(s) desired. (10) Azimuth and beamwidth of major lobe of transmitting antenna and ERP; (11) Type of emission; (12) Description of antenna to be used, including height. (13) Certification that neither the applicant nor any party to the applicant is subject to a denial of Federal benefits that includes FCC benefits pursuant to section 5301 of the Anti- Drug Abuse Act of 1988, as required by 1.2002 of this Chapter.  101.33 Who may sign applications. See Part 1 of this chapter Sections 1.743 and 1.913, for practices and procedures governing signatures on applications, amendments and related statements of fact.. Processing of Applications  101.35 Preliminary processing of applications. (a) Applications received for filing are given a file number. The assignment of a file number to an application is for administrative convenience and does not indicate the acceptance of the application for filing and processing and does not preclude the subsequent return of the application. (b) Applications that are incomplete with respect to answers, supplementary statements, execution, or other matters of a formal character will be considered defective and may be returned to the applicant with a brief statement as to such defects. If an applicant is requested by the Commission to file any additional documents or information not included in the prescribed application form, failure to comply with such request will be deemed to render the application defective, and such application may be dismissed. Applications will also be deemed to be defective and may be returned to the applicant in the following cases: (1) Statutory disqualification of applicant; (2) Proposed use or purpose of station would be unlawful; (3) Requested frequency is not allocated for assignment for the service proposed; (4) The submitted filing fee (if required) is insufficient; (5) The application does not demonstrate compliance with the special requirements applicable to the radio service involved; (6) The applications does not include all necessary exhibits; (7) The application fails to meet any other Commission requirements. (c) Any application that has been returned to the applicant for correction will be processed in original order of receipt when resubmitted if it is received within 60 days from the date on which it was returned to the applicant and the change does not involve a major amendment. If the application is not resubmitted within the prescribed time, it will be treated as a new application and considered at the time other applications received on the same date are considered. (d) Applications considered defective under paragraph (b) of this section may be accepted for filing if: (1) The application is accompanied by a request which sets forth the reasons in support of a waiver of (or an exception to), in whole or in part, any specific rule, regulation, or requirement with which the application is in conflict; or (2) The Commission, upon its own motion, waives (or allows an exception to), in whole or in part, any rule, regulation or requirement.  101.37 Public notice period. (a) At regular intervals, the Commission will issue a public notice listing: (1) The acceptance for filing of applications and major amendments thereto; (2) Significant Commission actions concerning applications; (3) The receipt of applications for minor modifications made pursuant to Sec. 101.59; (4) Information which the Commission in its discretion believes of public significance; and (5) Special environmental considerations as required by Part 1 of this chapter. (b) A public notice will not normally be issued for any of the following applications: (1) For authorization of a minor technical change in the facilities of a proposed or authorized station where such a change would not be classified as a major amendment to a pending application, as defined by  101.29, or as a minor modification to a license pursuant to  101.59; (2) For temporary authorization pursuant to  101.31; (3) For an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)); (4) For consent to an involuntary assignment or transfer of control of a radio authorization; or (5) For consent to a voluntary assignment or transfer of control of a radio authorization, where the assignment or transfer does not involve a substantial change in ownership or control. (c) Except as otherwise provided in this Part (e.g., Sec. 101.59), no application that has appeared on public notice will be granted until the expiration of a period of thirty days following the issuance of the public notice listing the application, or any major amendment thereto, or until the expiration of a period of thirty days following the issuance of a public notice identifying the tentative selectee of a random selection process, whichever is later. (d) The listing of an application on public notice as accepted for filing does not indicate that the application has been found by the Commission to be acceptable for filing and does not preclude the subsequent return of the application.  101.39 Dismissal and return of applications. (a) Except as provided under paragraph (d) of this Section and under  101.41, any application may, upon written request, be dismissed without prejudice as a matter of right prior to the adoption date of any final Commission action or the application's designation for hearing or comparative evaluation. (b) Applicants for stations licensed under Subpart H (Private Operational Fixed Microwave Service) may request the return of an application for correction without dismissal. (c) A request to dismiss an application without prejudice will be considered after designation for hearing, after selection through the comparative evaluation procedure of  101.51, or after selection as a tentative selectee in a random selection proceeding, only if: (1) A written petition is submitted to the Commission and, in the case of applications designated for hearing or comparative evaluation, is properly served upon all parties of record; (2) The petition is submitted before the issuance date of a public notice of Commission action denying the application; and (3) The petition complies with the provision of  101.41 (whenever applicable) and demonstrates good cause. (d) Except as provided under  101.41, an application designated for inclusion in the random selection process may be dismissed without prejudice as a matter of right if the applicant requests its dismissal at least 2 days prior to a random selection proceeding. (e) Dismissal for failure to prosecute or for failure to respond to official correspondence or requests for additional information within a specified time period will be without prejudice prior to its designation for hearing, or tentative selection by the random selection process. Dismissal may be with prejudice after selection of the comparative evaluation process, or after selection as a tentative selectee in a random selection proceeding.  101.41 Ownership changes and agreements to amend or dismiss applications or pleadings. (a) Except as provided in paragraph (b) of this section, applicants or any other parties in interest to pending applications must comply with the provisions of this section whenever: (1) They participate in any agreement (or understanding) which involves any consideration promised or received, directly or indirectly, including any agreement (or understanding) for merger of interests or the reciprocal withdrawal of applications; and (2) The agreement (or understanding) may result in either: (i) A proposed substantial change in beneficial ownership or control (dejure or de facto) of an applicant such that the change would require, in the case of an authorized station, the filing of a prior assignment or transfer of control application under  310(d) of the Communications Act of 1934 [47 U.S.C.  310(d)], or (ii) Proposed withdrawal, amendment or dismissal of any application(s), amendment(s), petition(s), pleading(s), or any combination thereof, which would thereby permit the grant without hearing, comparative evaluation under of Sec. 101.51, or random selection of an application previously in contested status. (b) The provisions of this section will not be applicable to any engineering agreement (or understanding) that: (1) Resolves frequency conflicts with authorized stations or other pending applications without the creation of new or increased frequency