7° may be exceeded by up to\n 3 dB in up to 10% of the range of theta (θ) angles from ±7–180°, and by up to 6 dB in the region of\n main reflector spillover energy.\n\n\n\n\n47 CFR 25.218(c)(1) (enhanced display) page 124 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.218(c)(2)\nSatellite Communications\n\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc, as defined in § 25.103:\n\n 32.5–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 48°.\n −9.5 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 19.5–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (d) Digital earth station operation in the conventional or extended C-bands.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n 26.3–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n 5.3 dBW/4 kHz for 7° < θ ≤ 9.2°.\n 29.3–25log10θ dBW/4 kHz for 9.2° < θ ≤ 48°.\n −12.7 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7°\n may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7–180°, and by up\n to 6 dB in the region of main reflector spillover energy.\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n 29.3–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 48°.\n −12.7 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 16.3–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (4) A license application for earth station operation in a network using variable power density control of\n earth stations transmitting simultaneously in shared frequencies to the same target satellite\n receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP\n\n47 CFR 25.218(d)(4) (enhanced display) page 125 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.218(e)\nSatellite Communications\n\n\n density from all co-frequency earth stations transmitting simultaneously to the same target satellite\n receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention\n protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as\n specified in paragraphs (d)(1) through (d)(3) of this section.\n\n (e) Analog earth station operation in the conventional Ku-band.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n 21–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n 0 dBW/4 kHz for 7° < θ ≤ 9.2°.\n 24–25log10θ dBW/4 kHz for 9.2° < θ ≤ 19.1°.\n −8 dBW/4 kHz for 19.1° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7°\n may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7–180°, and by up\n to 6 dB in the region of main reflector spillover energy.\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n 24–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 19.1°.\n −8 dBW/4 kHz for 19.1° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 11–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (f) Digital earth station operation in the conventional Ku-band.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n 15–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n −6 dBW/4 kHz for 7° < θ ≤ 9.2°.\n 18–25log10θ dBW/4 kHz for 9.2° < θ ≤ 19.1°.\n −14 dBW/4 kHz for 19.1° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7°\n may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7–180°, and by up\n to 6 dB in the region of main reflector spillover energy.\n\n\n\n\n47 CFR 25.218(f)(1) (enhanced display) page 126 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.218(f)(2)\nSatellite Communications\n\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n 18–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 19.1°.\n −14 dBW/4 kHz for 19.1° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 5–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (4) A license application for earth station operation in a network using variable power density control of\n earth stations transmitting simultaneously in shared frequencies to the same target satellite\n receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP\n density from all co-frequency earth stations transmitting simultaneously to the same target satellite\n receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention\n protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as\n specified in paragraphs (f)(1) through -(f)(3) of this section.\n\n (g) Analog earth station operation in the extended Ku-band.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n 21–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n 0 dBW/4 kHz for 7° < θ ≤ 9.2°.\n 24–25log10θ dBW/4 kHz for 9.2° < θ ≤ 48°.\n −18 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section, and N is as defined in paragraph (d)(1) of\n this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10%\n of the range of theta (θ) angles from ±7–180°, and by up to 6 dB in the region of main reflector\n spillover energy.\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n 24–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 48°.\n −18 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n\n\n\n47 CFR 25.218(g)(2) (enhanced display) page 127 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.218(g)(3)\nSatellite Communications\n\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 11–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (h) Digital earth station operation in the extended Ku-band.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n 15–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n −6 dBW/4 kHz for 7° < θ ≤ 9.2°.\n 18–25log10θ dBW/4 kHz for 9.2° < θ ≤ 48°.\n −24 dBW/4 kHz for 48° < θ ≤ 180°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7°\n may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7–180°, and by up\n to 6 dB in the region of main reflector spillover energy.\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n 18–25log10θ dBW/4 kHz for 3° ≤ θ ≤ 48°.\n −24 dBW/4 kHz for 48° < θ ≤ 85°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded\n by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles\n not included in that region, on each side of the line from the earth station to the target satellite.\n\n (3) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n 5–25log10θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.\n\n\n Where θ is as defined in paragraph (c)(1) of this section.\n\n (4) A license application for earth station operation in a network using variable power density control of\n earth stations transmitting simultaneously in shared frequencies to the same target satellite\n receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP\n density from all co-frequency earth stations transmitting simultaneously to the same target satellite\n receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention\n protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as\n specified in paragraphs (h)(1) through (h)(3) of this section.\n\n (i) Digital earth station operation in the conventional or extended Ka-band.\n\n (1) For co-polarized transmissions in the plane tangent to the GSO arc:\n\n\n 32.5–25log(θ) dBW/MHz for 2.0° ≤ θ ≤ 7°.\n\n47 CFR 25.218(i)(1) (enhanced display) page 128 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.218(i)(2)\nSatellite Communications\n\n\n 11.5 dBW/MHz for 7° ≤ θ ≤ 9.2°.\n 35.5–25log(θ) dBW/MHz for 9.2° ≤ θ ≤ 19.1°.\n 3.5 dBW/MHz for 19.1° < θ ≤ 180°.\n\n\n where θ is as defined in paragraph (c)(1) of this section.\n\n (2) For co-polarized transmissions in the plane perpendicular to the GSO arc:\n\n\n 35.5–25log(θ) dBW/MHz for 3.5° ≤ θ ≤ 7°.\n 14.4 dBW/MHz for 7° < θ ≤ 9.2°.\n 38.5–25log(θ) dBW/MHz for 9.2° < θ ≤ 19.1°.\n 6.5 dBW/MHz for 19.1° < θ ≤ 180°.\n\n\n where θ is as defined in paragraph (c)(1) of this section.\n\n (3) The EIRP density levels specified in paragraphs (i)(1) and (2) of this section may be exceeded by up\n to 3 dB, for values of θ > 7°, over 10% of the range of theta (θ) angles from 7–180° on each side of\n the line from the earth station to the target satellite.\n\n (4) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular\n to the GSO arc:\n\n\n 22.5–25log(θ) dBW/MHz for 2.0° < θ ≤ 7.0°.\n\n\n where θ is as defined in paragraph (c)(1) of this section.\n\n (5) A license application for earth station operation in a network using variable power density control of\n earth stations transmitting simultaneously in shared frequencies to the same target satellite\n receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP\n density from all co-frequency earth stations transmitting simultaneously to the same target satellite\n receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention\n protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as\n specified in paragraphs (i)(1) through (4) of this section.\n\n (j) Non-qualifying applications. Applications for authority for fixed earth station operation in the conventional\n C-band, extended C-band, conventional Ku-band, extended Ku-band, conventional Ka-band, extended Ka-\n band, or 24.75–25.25 GHz, that do not qualify for routine processing under relevant criteria in this section,\n § 25.211, or § 25.212 are subject to the requirements in § 25.220.\n\n[81 FR 55339, Aug. 18, 2016, as amended at 84 FR 53656, Oct. 8, 2019; 85 FR 44787, July 24, 2020; 87 FR 72407, Nov. 25, 2022]\n\n\n§ 25.219 [Reserved]\n\n\n\n\n47 CFR 25.219 (enhanced display) page 129 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.220\nSatellite Communications\n\n\n§ 25.220 Non-routine transmit/receive earth station operations.\n (a) The requirements in this section apply to applications for, and operation of, earth stations transmitting in\n the conventional or extended C-bands, the conventional or extended Ku-bands, or the conventional or\n extended Ka -bands that do not qualify for routine licensing under relevant criteria in § 25.211, § 25.212,\n or § 25.218.\n\n (b) Applications filed pursuant to this section must include the information required by § 25.115(g)(1).\n\n (c) [Reserved]\n\n (d)\n\n (1) The applicant must submit the certifications listed in paragraphs (d)(1)(i) through (d)(1)(iv) of this\n section. The applicant will be authorized to transmit only to the satellite systems included in the\n coordination agreements referred to in the certification required by paragraph (d)(1)(ii) of this\n section. The applicant will be granted protection from receiving interference only with respect to the\n satellite systems included in the coordination agreements referred to in the certification required by\n paragraph (d)(1)(ii) of this section, and only to the extent that protection from receiving interference\n is afforded by those coordination agreements.\n\n (i) [Reserved]\n\n (ii) A statement from the satellite operator that it has coordinated the operation of the subject non-\n conforming earth station accessing its satellite(s), including its required downlink power\n density based on the information contained in the application, with all adjacent satellite\n networks within 6° of orbital separation from its satellite(s), and the operations will operate in\n conformance with existing coordination agreement for its satellite(s) with other satellite\n systems, except as set forth in paragraph (d)(4) of this section.\n\n (iii) A statement from the satellite operator that it will include the subject non-conforming earth\n station operations in all future satellite network coordinations, and\n\n (iv) A statement from the earth station applicant certifying that it will comply with all coordination\n agreements reached by the satellite operator(s).\n\n (2) Unless the non-routine uplink transmission levels are permitted under a coordination agreement with\n the space station operator, or unless coordination with the operator is not required pursuant to §\n 25.140(d)(3) or (d)(4), the operator of an earth station licensed pursuant to this section must reduce\n its transmitted EIRP density to levels at or within relevant routine limits:\n\n (i) Toward the part of the geostationary orbit arc within one degree of a subsequently launched,\n two-degree-compliant space station receiving in the same uplink band at an orbital location\n within six degrees of the earth station's target satellite, and\n\n (ii) Toward a two-degree-compliant space station receiving in the same uplink band at an orbital\n location more than six degrees away from the target satellite if co-frequency reception by the\n space station is adversely affected by the non-routine earth station transmission levels.\n\n (3) In the event that a coordination agreement discussed in paragraph (d)(1)(ii) of this section is\n reached, but that coordination agreement does not address protection from interference for the\n earth station, that earth station will be protected from interference to the same extent that an earth\n station that meets the requirements of § 25.209 of this title would be protected from interference.\n\n\n47 CFR 25.220(d)(3) (enhanced display) page 130 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.220(d)(4)\nSatellite Communications\n\n\n (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party applying for an earth station license\n pursuant to this section will not be required to certify that its target satellite operator has reached a\n coordination agreement with another satellite operator whose satellite is within 6° of orbital\n separation from its satellite in cases where the off-axis EIRP density level of the proposed earth\n station operations will be less than or equal to the levels specified by the applicable off-axis EIRP\n envelope set forth in § 25.218 of this chapter in the direction of the part of the geostationary orbit\n arc within 1° of the nominal orbit location of the adjacent satellite.\n\n (e)–(f) [Reserved]\n\n (g) Applicants filing applications for earth stations pursuant to this section must provide the following\n information for the Commission's public notice:\n\n (1) Detailed description of the service to be provided, including frequency bands and satellites to be\n used. The applicant must identify either the specific satellites with which it plans to operate, or the\n eastern and western boundaries of the geostationary satellite orbit arc it plans to coordinate.\n\n (2) The diameter or equivalent diameter of the antenna.\n\n (3) Proposed power and power density levels.\n\n (4) Identification of any rule or rules for which a waiver is requested.\n\n[70 FR 32256, June 2, 2005, as amended at 72 FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, 2008; 74 FR 57099, Nov. 4, 2009;\n78 FR 14927, Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014; 81 FR 55341, Aug. 18, 2016; 83 FR 34491, July 20, 2018; 84 FR 53656, Oct.\n8, 2019; 87 FR 72407, Nov. 25, 2022]\n\n\n§§ 25.221-25.223 [Reserved]\n§ 25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.\n (a) Notwithstanding § 25.209(c) of this part, receive-only earth stations operating in the 17/24 GHz\n broadcasting-satellite service can claim no greater protection from interference than they would receive if\n the equivalent antenna diameter were equal to or greater than 45 cm and the antenna meets the co-polar\n and cross-polar performance patterns represented by the following set of formulas (adopted in\n Recommendation ITU–R BO.1213–1, dated November 2005) that are valid for D/λ ≥11:\n\n\n\n\n47 CFR 25.224(a) (enhanced display) page 131 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.224(a)\nSatellite Communications\n\n\n\n\n47 CFR 25.224(a) (enhanced display) page 132 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.224(b)\nSatellite Communications\n\n\n (b) Paragraph (a) of this section does not apply to 17/24 GHz BSS telemetry earth stations. Those earth\n stations are subject to the antenna performance standards of § 25.209(a) and (b) of this part.\n\n[72 FR 50031, Aug. 29, 2007]\n\n\n§ 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite Service.\n (a) Each operator of a 17/24 GHz BSS space station that is used to provide video programming directly to\n consumers in the 48 contiguous United States (CONUS) must provide comparable service to Alaska and\n Hawaii, unless such service is not technically feasible or not economically reasonable from the authorized\n orbital location.\n\n (b) Each operator of a 17/24 GHz BSS space station subject to paragraph (a) of this section must design and\n configure its space station to be capable of providing service to Alaska and Hawaii, that is comparable to\n the service that such satellites will provide to CONUS subscribers, from any orbital location capable of\n providing service to either Alaska or Hawaii to which it may be located or relocated in the future.\n\n (c) If an operator of a 17/24 GHz BSS space station that is used to provide video programming directly to\n consumers in the United States relocates or replaces a 17/24 GHz BSS space station at a location from\n which service to Alaska and Hawaii had been provided by another 17/24 GHz BSS space station, the\n operator must use a space station capable of providing at least the same level of service to Alaska and\n Hawaii as previously provided from that location.\n\n[72 FR 50033, Aug. 29, 2007]\n\n\n§§ 25.226-25.227 [Reserved]\n§ 25.228 Operating and coordination requirements for earth stations in motion (ESIMs).\n (a) GSO FSS ESIM transmissions must comport with the applicable EIRP density limits in § 25.218, unless\n coordinated pursuant to the requirements in § 25.220.\n\n (b) Each FSS ESIM must be self-monitoring and, should a condition occur that would cause the ESIMs to\n exceed its authorized off-axis EIRP density limits in the case of GSO FSS ESIMs or any emission limits\n included in the licensing conditions in the case of NGSO FSS ESIMs, the ESIM must automatically cease\n transmissions within 100 milliseconds, and not resume transmissions until the condition that caused the\n ESIM to exceed those limits is corrected.\n\n (c) Each FSS ESIM must be monitored and controlled by a network control and monitoring center (NCMC) or\n equivalent facility. Each ESIM must comply with a “disable transmission” command from the NCMC within\n 100 milliseconds of receiving the command. In addition, the NCMC must monitor the operation of each\n ESIM in its network, and transmit a “disable transmission” command to any ESIM that operates in such a\n way as to exceed the authorized off-axis EIRP density limit for GSO FSS ESIMs or any emission limits\n included in the licensing conditions in the case of NGSO FSS ESIMs. The NCMC must not allow the\n ESIM(s) under its control to resume transmissions until the condition that caused the ESIM(s) to exceed\n the authorized EIRP density limits is corrected.\n\n (d) ESIM licensees must ensure installation of ESIM terminals on vehicles by qualified installers who have an\n understanding of the antenna's radiation environment and the measures best suited to maximize\n protection of the general public and persons operating the vehicle and equipment. An ESIM terminal\n exhibiting radiation exposure levels exceeding 1.0 mW/cm2 in accessible areas, such as at the exterior\n\n47 CFR 25.228(d) (enhanced display) page 133 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.228(e)\nSatellite Communications\n\n\n surface of the radome, must have a label attached to the surface of the terminal warning about the\n radiation hazard and must include thereon a diagram showing the regions around the terminal where the\n radiation levels could exceed the maximum radiation exposure limit specified in 47 CFR 1.1310 Table 1.\n\n (e) The following requirements govern all ESV operations:\n\n (1) ESV operators must control all ESVs by a NCMC or equivalent facility located in the United States,\n except that an ESV on U.S.-registered vessels may operate under control of a NCMC location outside\n the United States provided the ESV operator maintains a point of contact within the United States\n that will have the capability and authority to cause an ESV on a U.S.-registered vessel to cease\n transmitting if necessary.\n\n (2) There must be a point of contact in the United States, with phone number and address, available 24\n hours a day, seven days a week, with authority and ability to cease all emissions from the ESVs,\n either directly or through the facilities of a U.S. NCMC or a NCMC located in another country with\n which the United States has a bilateral agreement that enables such cessation of emissions.\n\n (3) ESV NCMC operators communicating with ESVs on vessels of foreign registry must maintain\n detailed information on each such vessel's country of registry and a point of contact for the relevant\n administration responsible for licensing those ESVs.\n\n (f) For all VMES operations, there must be a point of contact in the United States, with phone number and\n address, available 24 hours a day, seven days a week, with authority and ability to cease all emissions\n from the VMESs.\n\n (g) The following requirements govern all ESAA operations:\n\n (1) There must be a point of contact in the United States, with phone number and address, available 24\n hours a day, seven days a week, with authority and ability to cease all emissions from the ESAAs.\n\n (2) All ESAA terminals operated in U.S. airspace, whether on U.S.-registered civil aircraft or non-U.S.-\n registered civil aircraft, must be licensed by the Commission. All ESAA terminals on U.S.-registered\n civil aircraft operating outside of U.S. airspace must be licensed by the Commission, except as\n provided by section 303(t) of the Communications Act.\n\n (3) Prior to operations within a foreign nation's airspace, the ESAA operator must ascertain whether the\n relevant administration has operations that could be affected by ESAA terminals, and must\n determine whether that administration has adopted specific requirements concerning ESAA\n operations. When the aircraft enters foreign airspace, the ESAA terminal must operate under the\n Commission's rules, or those of the foreign administration, whichever is more constraining. To the\n extent that all relevant administrations have identified geographic areas from which ESAA operations\n would not affect their radio operations, ESAA operators may operate within those identified areas\n without further action. To the extent that the foreign administration has not adopted requirements\n regarding ESAA operations, ESAA operators must coordinate their operations with any potentially\n affected operations.\n\n (h) The following requirements govern all operations in the 3700–4200 MHz (space-to-Earth) and 5925–6425\n MHz (Earth-to-space) frequency bands of ESVs receiving from or transmitting to GSO satellites in the\n Fixed-Satellite Service:\n\n (1) ESVs must not operate in the 5925–6425 MHz (Earth-to-space) and 3700–4200 MHz (space-to-\n Earth) frequency bands on vessels smaller than 300 gross tons.\n\n\n47 CFR 25.228(h)(1) (enhanced display) page 134 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.228(h)(2)\nSatellite Communications\n\n\n (2) ESV operators transmitting in the 5925–6425 MHz (Earth-to-space) frequency band to GSO satellites\n in the Fixed-Satellite Service (FSS) must not seek to coordinate, in any geographic location, more\n than 36 megahertz of uplink bandwidth on each of no more than two GSO FSS satellites.\n\n (3) ESVs, operating while docked, for which coordination with terrestrial stations in the 3700–4200 MHz\n band is completed in accordance with § 25.251, will receive protection from such terrestrial stations\n in accordance with the coordination agreements, for 180 days, renewable for 180 days.\n\n (4) ESVs in motion must not claim protection from harmful interference from any authorized terrestrial\n stations to which frequencies are already assigned, or any authorized terrestrial station to which\n frequencies may be assigned in the future in the 3700–4200 MHz (space-to-Earth) frequency band.\n\n (5) ESVs operating within 200 km from the baseline of the United States, or within 200 km from a U.S.-\n licensed fixed service offshore installation, must complete coordination with potentially affected\n U.S.-licensed fixed service operators prior to operation. The coordination method and the\n interference criteria objective will be determined by the frequency coordinator. The details of the\n coordination must be maintained and available at the frequency coordinator, and must be filed with\n the Commission electronically via the International Bureau Filing System (http://licensing.fcc.gov/\n myibfs/) to be placed on public notice. The coordination notifications must be filed in the form of a\n statement referencing the relevant call signs and file numbers. Operation of each individual ESV may\n commence immediately after the public notice that identifies the notification sent to the\n Commission is released. Continuance of operation of that ESV for the duration of the coordination\n term must be dependent upon successful completion of the normal public notice process. If, prior to\n the end of the 30-day comment period of the public notice, any objections are received from U.S.-\n licensed Fixed Service operators that have been excluded from coordination, the ESV licensee must\n immediately cease operation of that particular station on frequencies used by the affected U.S.-\n licensed Fixed Service station until the coordination dispute is resolved and the ESV licensee informs\n the Commission of the resolution. As used in this section, “baseline” means the line from which\n maritime zones are measured. The baseline is a combination of the low-water line and closing lines\n across the mouths of inland water bodies and is defined by a series of baseline points that include\n islands and “low-water elevations,” as determined by the U.S. Department of State's Baseline\n Committee.\n\n (6) An ESV must automatically cease transmission if the ESV operates in violation of the terms of its\n coordination agreement, including, but not limited to, conditions related to speed of the vessel or if\n the ESV travels outside the coordinated area, if within 200 km from the baseline of the United States,\n or within 200 km from a U.S.-licensed fixed service offshore installation. Transmissions may be\n controlled by the ESV network control and monitoring center. The frequency coordinator may decide\n whether ESV operators should automatically cease transmissions if the vessel falls below a\n prescribed speed within a prescribed geographic area.\n\n (7) ESV transmissions in the 5925–6425 MHz (Earth-to-space) band shall not exceed an EIRP spectral\n density towards the radio-horizon of 17 dBW/MHz, and shall not exceed an EIRP towards the radio-\n horizon of 20.8 dBW. The ESV network shall shut-off the ESV transmitter if either the EIRP spectral\n density towards the radio-horizon or the EIRP towards the radio-horizon is exceeded.\n\n\n\n\n47 CFR 25.228(h)(7) (enhanced display) page 135 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.228(i)\nSatellite Communications\n\n\n (i) For ESAA transmissions in the 14.0–14.5 GHz band from international airspace within line-of-sight of the\n territory of a foreign administration where fixed service networks have primary allocation in this band, the\n maximum power flux density (pfd) produced at the surface of the Earth by emissions from a single\n aircraft carrying an ESAA terminal must not exceed the following values unless the foreign Administration\n has imposed other conditions for protecting its fixed service stations:\n\n\n −132 + 0.5 · θ dB(W/(m2 · MHz)) For θ ≤ 40°.\n 2\n −112 dB(W/(m · MHz)) For 40° <θ ≤90°.\n\n\n Where: θ is the angle of arrival of the radio-frequency wave (degrees above the horizontal) and the\n aforementioned limits relate to the pfd under free-space propagation conditions.\n\n (j) The following requirements govern all ESIMs transmitting to GSO or NGSO satellites in the Fixed-Satellite\n Service in the 14.0–14.5 GHz band.\n\n (1) Operations of ESIMs in the 14.0–14.2 GHz (Earth-to-space) frequency band within 125 km (for ESVs\n and VMESs) or within radio line of sight (for ESAAs) of the NASA TDRSS facilities on Guam (latitude\n 13°36′55″ N, longitude 144°51′22″ E), White Sands, New Mexico (latitude 32°20′59″ N, longitude\n 106°36′31″ W and latitude 32°32′40″ N, longitude 106°36′48″ W), or Blossom Point, Maryland (latitude\n 38°25′44″ N, longitude 77°05′02″ W) are subject to coordination with the National Aeronautics and\n Space Administration (NASA) through the National Telecommunications and Information\n Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC). Licensees must notify the\n Space Bureau once they have completed coordination. Upon receipt of such notification from a\n licensee, the Space Bureau will issue a public notice stating that the licensee may commence\n operations within the coordination zone in 30 days if no party has opposed the operations. When\n NTIA seeks to provide similar protection to future TDRSS sites that have been coordinated through\n the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission's Space\n Bureau that the site is nearing operational status. Upon public notice from the Space Bureau, all Ku-\n band ESIM licensees must cease operations in the 14.0–14.2 GHz band within 125 km (for ESVs and\n VMESs) or within radio line of sight (for ESAAs) of the new TDRSS site until the licensees complete\n coordination with NTIA/IRAC for the new TDRSS facility. Licensees must notify the Space Bureau\n once they have completed coordination for the new TDRSS site. Upon receipt of such notification\n from a licensee, the Space Bureau will issue a public notice stating that the licensee may commence\n operations within the coordination zone in 30 days if no party has opposed the operations. The ESIM\n licensee then will be permitted to commence operations in the 14.0–14.2 GHz band within 125 km\n (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the new TDRSS site, subject to any\n operational constraints developed in the coordination process.\n\n (2) Within 125 km (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the NASA TDRSS\n facilities identified in paragraph (j)(1) of this section, ESIM transmissions in the 14.0–14.2 GHz\n (Earth-to-space) band shall not exceed an EIRP spectral density towards the horizon of 12.5 dBW/\n MHz, and shall not exceed an EIRP towards the horizon of 16.3 dBW.\n\n (3) Operations of ESIMs in the 14.47–14.5 GHz (Earth-to-space) frequency band in the vicinity (for ESVs\n and VMESs) or within radio line of sight (for ESAAs) of radio astronomy service (RAS) observatories\n observing in the 14.47–14.5 GHz band are subject to coordination with the National Science\n Foundation (NSF). The appropriate NSF contact point to initiate coordination is Electromagnetic\n Spectrum Management Unit, NSF, Division of Astronomical Sciences, 2415 Eisenhower Avenue,\n Arlington VA 22314; Email: esm@nsf.gov. Licensees must notify the Space Bureau once they have\n\n47 CFR 25.228(j)(3) (enhanced display) page 136 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.228(j)(4)\nSatellite Communications\n\n\n completed coordination. Upon receipt of the coordination agreement from a licensee, the Space\n Bureau will issue a public notice stating that the licensee may commence operations within the\n coordination zone in 30 days if no party has opposed the operations. Table 1 provides a list of each\n applicable RAS site, its location, and the applicable coordination zone.\n\n\n Table 1 to § 25.228(j)(3)—Applicable Radio Astronomy Service (RAS)\n Facilities and Associated Coordination Distances\n\n Radius (km) of\n Latitude Longitude\n Observatory coordination\n (north) (west)\n zone\n Arecibo, Observatory, Arecibo, PR 18°20′37″ 66°45′11″ Island of Puerto\n Rico.\n Green Bank, WV 38°25′59″ 79°50′23″ 160.\n Very Large Array, near Socorro, NM 34°04′44″ 107°37′06″ 160.\n Pisgah Astronomical Research Institute, Rosman, NC 35°11′59″ 82°52′19″ 160.\n U of Michigan Radio Astronomy Observatory, Stinchfield 42°23′56″ 83°56′11″ 160.\n Woods, MI\n Very Long Baseline Array (VLBA) stations:\n Owens Valley, CA 37°13′54″ 118°16′37″ 160 *.\n Mauna Kea, HI 19°48′05″ 155°27′20″ 50.\n Brewster, WA 48°07′52″ 119°41′00″ 50.\n Kitt Peak, AZ 31°57′23″ 111°36′45″ 50.\n Pie Town, NM 34°18′04″ 108°07′09″ 50.\n Los Alamos, NM 35°46′30″ 106°14′44″ 50.\n Fort Davis, TX 30°38′06″ 103°56′41″ 50.\n North Liberty, IA 41°46′17″ 91°34′27″ 50.\n Hancock, NH 42°56′01″ 71°59′12″ 50.\n St. Croix, VI 17°45′24″ 64°35′01″ 50.\n\n\n * Owens Valley, CA operates both a VLBA station and single-dish telescopes.\n\n (4) When NTIA seeks to provide similar protection to future RAS sites that have been coordinated\n through the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission's\n Space Bureau that the site is nearing operational status. Upon public notice from the Space Bureau,\n all Ku-band ESIMs licensees must cease operations in the 14.47–14.5 GHz band within the relevant\n geographic zone (160 kms for single-dish radio observatories and Very Large Array antenna systems\n and 50 kms for Very Long Baseline Array antenna systems for ESVs and VMESs, radio line of sight\n for ESAAs) of the new RAS site until the licensees complete coordination for the new RAS facility.\n Licensees must notify the Space Bureau once they have completed coordination for the new RAS\n site and must submit the coordination agreement to the Commission. Upon receipt of such\n notification from a licensee, the Space Bureau will issue a public notice stating that the licensee may\n commence operations within the coordination zone in 30 days if no party opposed the operations.\n\n\n\n47 CFR 25.228(j)(4) (enhanced display) page 137 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.228(j)(5)\nSatellite Communications\n\n\n The ESIMs licensee then will be permitted to commence operations in the 14.47–14.5 GHz band\n within the relevant coordination distance around the new RAS site, subject to any operational\n constraints developed in the coordination process.\n\n (5) ESIMs licensees must use Global Positioning Satellite-related or other similar position location\n technology to ensure compliance with the provisions of subparagraphs 1–3 of this paragraph.\n\n[84 FR 53656, Oct. 8, 2019, as amended at 85 FR 44787, July 24, 2020; 88 FR 21441, Apr. 10, 2023]\n\n\n§§ 25.229-25.249 [Reserved]\n§ 25.250 Sharing between NGSO MSS Feeder links Earth Stations in the 19.3–19.7 GHz and\n29.1–29.5 GHz Bands.\n (a) NGSO MSS applicants shall be licensed to operate in the 29.1–29.5 GHz band for Earth-to-space\n transmissions and 19.3–19.7 GHz for space-to-Earth transmissions from feeder link earth station\n complexes. A “feeder link earth station complex” may include up to three (3) earth station groups, with\n each earth station group having up to four (4) antennas, located within a radius of 75 km of a given set of\n geographic coordinates provided by NGSO-MSS licensees or applicants.\n\n (b) Licensees of NGSO MSS feeder link earth stations separated by 800 km or less are required to coordinate\n their operations, see § 25.203. The results of the coordination shall be reported to the Commission.\n\n[61 FR 44181, Aug. 28, 1996]\n\n\n§ 25.251 Special requirements for coordination.\n (a) The administrative aspects of the coordination process are set forth in § 101.103 of this chapter in the\n case of coordination of terrestrial stations with earth stations, and in § 25.203 in the case of coordination\n of earth stations with terrestrial stations.\n\n (b) The technical aspects of coordination are based on Appendix 7 of the International Telecommunication\n Union Radio Regulations and certain recommendations of the ITU Radiocommunication Sector (available\n at the address in § 0.445 of this chapter).\n\n[66 FR 10630, Feb. 16, 2001, as amended at 78 FR 8430, Feb. 6, 2013]\n\n\n§ 25.252 [Reserved]\n§ 25.253 Special requirements for ancillary terrestrial components operating in the\n1626.5–1660.5 MHz/1525–1559 MHz bands.\n (a) An ancillary terrestrial component in these bands shall:\n\n (1) In any band segment coordinated for the exclusive use of an MSS applicant within the land area of\n the U.S., where there is no other L-Band MSS satellite making use of that band segment within the\n visible portion of the geostationary arc as seen from the ATC coverage area, the ATC system will be\n limited by the in-band and out-of-band emission limitations contained in this section and the\n requirement to maintain a substantial MSS service.\n\n\n\n47 CFR 25.253(a)(1) (enhanced display) page 138 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.253(a)(2)\nSatellite Communications\n\n\n (2) In any band segment that is coordinated for the shared use of the applicant's MSS system and\n another MSS operator, where the coordination agreement existed prior to February 10, 2005 and\n permits a level of interference to the other MSS system of less than 6% ΔT/T, the applicant's\n combined ATC and MSS operations shall increase the system noise level of the other MSS to no\n more then 6% ΔT/T. Any future coordination agreement between the parties governing ATC\n operation will supersede this paragraph.\n\n (3) In any band segment that is coordinated for the shared use of the applicant's MSS system and\n another MSS operator, where a coordination agreement existed prior to February 10, 2005 and\n permits a level of interference to the other MSS system of 6% ΔT/T or greater, the applicant's ATC\n operations may increase the system noise level of the other MSS system by no more than an\n additional 1% ΔT/T. Any future coordination agreement between the parties governing ATC\n operations will supersede this paragraph.\n\n (4) In a band segment in which the applicant has no rights under a coordination agreement, the\n applicant may not implement ATC in that band.\n\n (b) ATC base stations shall not exceed an out-of-channel emissions measurement of −57.9 dBW/MHz at the\n edge of a MSS licensee's authorized and internationally coordinated MSS frequency assignment.\n\n (c) An applicant for an ancillary terrestrial component in these bands shall:\n\n (1) Demonstrate, at the time of application, how its ATC network will comply with the requirements of\n footnotes US308 and US315 to the table of frequency allocations contained in § 2.106 of this\n chapter regarding priority and preemptive access to the L-band MSS spectrum by the aeronautical\n mobile-satellite en-route service (AMS(R)S) and the global maritime distress and safety system\n (GMDSS).\n\n (2) Coordinate with the terrestrial CMRS operators prior to initiating ATC transmissions when co-locating\n ATC base stations with terrestrial commercial mobile radio service (CMRS) base stations that make\n use of Global Positioning System (GPS) time-based receivers.\n\n (3) Provide, at the time of application, calculations that demonstrate the ATC system conforms to the\n ΔT/T requirements in paragraphs (a)(2) and (a)(3) of this section, if a coordination agreement that\n incorporates the ATC operations does not exist with other MSS operators.\n\n (d) Applicants for an ancillary terrestrial component in these bands must demonstrate that ATC base stations\n shall not:\n\n (1) Exceed a peak EIRP of 31.9–10*log (number of carriers) dBW/200kHz, per sector, for each carrier in\n the 1525–1541.5 MHz and 1547.5–1559 MHz frequency bands;\n\n (2) Exceed an EIRP in any direction toward the physical horizon (not to include man-made structures) of\n 26.9–10*log (number of carriers) dBW/200 kHz, per sector, for each carrier in the 1525–1541.5 MHz\n and 1547.5–1559 MHz frequency bands;\n\n (3) Exceed a peak EIRP of 23.9 −10*log(number of carriers) dBW/200 kHz, per sector, for each carrier in\n the 1541.5–1547.5 MHz frequency band;\n\n (4) Exceed an EIRP toward the physical horizon (not to include man-made structures) of\n 18.9–10*log(number of carriers) dBW/200 kHz, per sector, for each carrier in the 1541.5–1547.5\n MHz frequency band;\n\n\n\n47 CFR 25.253(d)(4) (enhanced display) page 139 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.253(d)(5)\nSatellite Communications\n\n\n (5) Exceed a total power flux density level of −56.8 dBW/m2/200 kHz at the edge of all airport runways\n and aircraft stand areas, including takeoff and landing paths from all carriers operating in the\n 1525–1559 MHz frequency bands. The total power flux density here is the sum of all power flux\n density values associated with all carriers in a sector in the 1525–1559 MHz frequency band,\n expressed in dB(Watts/m2/200 kHz). Free-space loss must be assumed if this requirement is\n demonstrated via calculation;\n\n (6) Exceed a total power flux density level of −56.6 dBW/ m2/200 kHz at the water's edge of any\n navigable waterway from all carriers operating in the 1525–1541.5 MHz and 1547.5–1559 MHz\n frequency bands. The total power flux density here is the sum of all power flux density values\n associated with all carriers in a sector in the 1525–1541.5 MHz and 1547.5–1559 MHz frequency\n bands, expressed in dB(Watts/m2/200 kHz). Free-space loss must be assumed if this requirement is\n demonstrated via calculation;\n\n (7) Exceed a total power flux density level of −64.6 dBW/ m2/200 kHz at the water's edge of any\n navigable waterway from all carriers operating in the 1541.5–1547.5 MHz frequency band. The total\n power flux density here is the sum of all power flux density values associated with all carriers in a\n sector in the 1541.5–1547.5 MHz frequency band, expressed in dB(Watts/m2/200 kHz). Free-space\n loss must be assumed if this requirement is demonstrated via calculation;\n\n (8) Exceed a peak antenna gain of 16 dBi;\n\n (9) Generate EIRP density, averaged over any two-millisecond active transmission interval, greater than\n −70 dBW/MHz in the 1559–1605 MHz band or greater than a level determined by linear interpolation\n in the 1605–1610 MHz band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz. The\n EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band\n emissions of less than 700 Hz bandwidth from such base stations shall not exceed −80 dBW in the\n 1559–1605 MHz band or exceed a level determined by linear interpolation in the 1605–1610 MHz\n band, from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz. A root-mean-square detector function\n with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be\n used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be\n measured with a root-mean-square detector function with a resolution bandwidth of one kilohertz or\n equivalent.\n\n (e) Applicants for an ancillary terrestrial component in these bands must demonstrate, at the time of the\n application, that ATC base stations shall use left-hand-circular polarization antennas with a maximum\n gain of 16 dBi and overhead gain suppression according to the following:\n\n Angle from direction of maximum gain, in vertical plane, above antenna Antenna discrimination pattern\n (degrees) (dB)\n 0 Gmax\n 5 Not to Exceed Gmax −5\n 10 Not to Exceed Gmax −19\n 15 to 55 Not to Exceed Gmax −27\n 55 to 145 Not to Exceed Gmax −30\n 145 to 180 Not to Exceed Gmax −26\n\n\n Where: Gmax is the maximum gain of the base station antenna in dBi.\n\n\n47 CFR 25.253(e) (enhanced display) page 140 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.253(f)\nSatellite Communications\n\n\n (f) Prior to operation, ancillary terrestrial component licensees shall:\n\n (1) Provide the Commission with sufficient information to complete coordination of ATC base stations\n with Search-and-Rescue Satellite-Aided Tracking (SARSAT) earth stations operating in the\n 1544–1545 MHz band for any ATC base station located either within 27 km of a SARSAT station, or\n within radio horizon of the SARSAT station, whichever is less.\n\n (2) Take all practicable steps to avoid locating ATC base stations within radio line of sight of Mobile\n Aeronautical Telemetry (MAT) receive sites in order to protect U.S. MAT systems consistent with\n ITU–R Recommendation ITU–R M.1459. MSS ATC base stations located within radio line of sight of\n a MAT receiver must be coordinated with the Aerospace and Flight Test Radio Coordinating Council\n (AFTRCC) for non-Government MAT receivers on a case-by-case basis prior to operation. For\n government MAT receivers, the MSS licensee shall supply sufficient information to the Commission\n to allow coordination to take place. A listing of current and planned MAT receiver sites can be\n obtained from AFTRCC for non-Government sites and through the FCC's IRAC Liaison for\n Government MAT receiver sites.\n\n (g) ATC mobile terminals shall:\n\n (1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel emissions of −67 dBW/4 kHz at the\n edge of an MSS licensee's authorized and internationally coordinated MSS frequency assignment.\n\n (2) Be operated in a fashion that takes all practicable steps to avoid causing interference to U.S. radio\n astronomy service (RAS) observations in the 1660–1660.5 MHz band.\n\n (3) Not generate EIRP density, averaged over any two-millisecond active transmission interval, greater\n than −70 dBW/MHz in the 1559–1605 MHz band or greater than a level determined by linear\n interpolation in the 1605–1610 MHz band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at\n 1610 MHz. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-\n of-band emissions of less than 700 Hz bandwidth from such mobile terminals shall not exceed −80\n dBW in the 1559–1605 MHz band or exceed a level determined by linear interpolation in the\n 1605–1610 MHz band, from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz. The EIRP density of\n carrier-off-state emissions from such mobile terminals shall not exceed −80 dBW/MHz in the\n 1559–1610 MHz band, averaged over a two-millisecond interval. A root-mean-square detector\n function with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth\n shall be used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP\n shall be measured with a root-mean-square detector function with a resolution bandwidth of one\n kilohertz or equivalent.\n\n (h) When implementing multiple base stations and/or base stations using multiple carriers, where any third-\n order intermodulation product of these base stations falls on an L-band MSS band coordinated for use by\n another MSS operator with rights to the coordinated band, the MSS ATC licensee must notify the MSS\n operator. The MSS operator may request coordination to modify the base station carrier frequencies, or to\n reduce the maximum base station EIRP on the frequencies contributing to the third-order intermodulation\n products. The threshold for this notification and coordination is when the sum of the calculated signal\n levels received by an MSS receiver exceeds −70 dBm. The MSS receiver used in these calculations can be\n assumed to have an antenna with 0 dBi gain. Free-space propagation between the base station antennas\n and the MSS terminals can be assumed and actual signal polarizations for the ATC signals and the MSS\n system may be used.\n\n[70 FR 19319, Apr. 13, 2005]\n\n47 CFR 25.253(h) (enhanced display) page 141 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.254\nSatellite Communications\n\n\n§ 25.254 Special requirements for ancillary terrestrial components operating in the 1610–1626.5\nMHz/2483.5–2500 MHz bands.\n (a) An applicant for an ancillary terrestrial component in these bands must demonstrate that ATC base\n stations shall:\n\n (1) Not exceed a peak EIRP of 32 dBW in 1.25 MHz;\n\n (2) Not cause unacceptable interference to systems identified in paragraph (c) of this section and, in any\n case, shall not exceed out-of-channel emissions of −44.1 dBW/30 kHz at the edge of the MSS\n licensee's authorized frequency assignment;\n\n (3) At the time of application, that it has taken, or will take steps necessary to avoid causing interference\n to other services sharing the use of the 2450–2500 MHz band through frequency coordination; and\n\n (4) Base stations operating in frequencies above 2483.5 MHz shall not generate EIRP density, averaged\n over any two-millisecond active transmission interval, greater than −70 dBW/MHz in the 1559–1610\n MHz band. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-\n of-band emissions of less than 700 Hz bandwidth from such base stations shall not exceed −80\n dBW in the 1559–1610 MHz band. A root-mean-square detector function with a resolution\n bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to measure\n wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured with a root-\n mean-square detector function with a resolution bandwidth of one kilohertz or equivalent.\n\n (b) An applicant for an ancillary terrestrial component in these bands must demonstrate that mobile\n terminals shall:\n\n (1) Meet the requirements contained in § 25.213 to protect radio astronomy service (RAS) observations\n in the 1610.6–1613.8 MHz band from unacceptable interference;\n\n (2) Observe a peak EIRP limit of 1.0 dBW in 1.25 MHz;\n\n (3) Observe an out-of-channel EIRP limit of −57.1 dBW/30 kHz at the edge of the licensed MSS\n frequency assignment.\n\n (4) ATC mobile terminals operating in assigned frequencies in the 1610–1626.5 MHz band shall not\n generate EIRP density, averaged over any two-millisecond active transmission interval, greater than\n −70 dBW/MHz in the 1559–1605 MHz band or greater than a level determined by linear interpolation\n in the 1605–1610 MHz band, from −70 dBW/MHz at 1605 MHz to −10 dBW/MHz at 1610 MHz. The\n EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band\n emissions of less than 700 Hz bandwidth from such mobile terminals shall not exceed −80 dBW in\n the 1559–1605 MHz band or exceed a level determined by linear interpolation in the 1605–1610\n MHz band, from −80 dBW at 1605 MHz to −20 dBW at 1610 MHz. The EIRP density of carrier-off-\n state emissions from such mobile terminals shall not exceed −80 dBW/MHz in the 1559–1610 MHz\n band, averaged over a two-millisecond interval. A root-mean-square detector function with a\n resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to\n measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured\n with a root-mean-square detector function with a resolution bandwidth of one kilohertz or equivalent.\n\n (c) Applicants for an ancillary terrestrial component to be used in conjunction with a Mobile-Satellite Service\n system using CDMA technology shall coordinate the use of the 1.6/2.4 GHz Mobile-Satellite Service\n spectrum designated for CDMA systems using the framework established by the ITU in Recommendation\n ITU–R M.1186 (incorporated by reference, see § 25.108).\n47 CFR 25.254(c) (enhanced display) page 142 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.254(d)\nSatellite Communications\n\n\n (d) To avoid interference to an adjacent channel licensee in the Broadband Radio Service (BRS), the power of\n any ATC base station emission above 2495 MHz shall be attenuated below the transmitter power (P)\n measured in watts in accordance with the standards below. If these measures do not resolve a\n documented interference complaint received from the adjacent channel BRS licensee, the provisions of §\n 25.255 shall apply.\n\n (1) For base stations, the attenuation shall be not less than 43 + 10 log (P) dB at the upper edge of the\n authorized ATC band, unless a documented interference complaint is received from an adjacent\n channel licensee in the BRS. Provided that a documented interference complaint cannot be mutually\n resolved between the parties, the following additional attenuation requirements set forth in\n subsections (2)–(5) shall apply:\n\n (2) If a pre-existing BRS base station suffers harmful interference from emissions caused by a new or\n modified ATC base station located 1.5 km or more away, within 24 hours of the receipt of a\n documented interference complaint the ATC licensee must attenuate its emissions by at least 67 +\n 10 log (P) dB measured at 3 megahertz above the edge of the authorized ATC band, and shall\n immediately notify the complaining licensee upon implementation of the additional attenuation.\n\n (3) If a pre-existing BRS base station suffers harmful interference from emissions caused by a new or\n modified ATC base station located less than 1.5 km away, within 24 hours of the receipt of a\n documented interference complaint the ATC licensee must attenuate its emissions by at least 67 +\n 10 log (P) −20 log(Dkm/1.5) dB measured at 3 megahertz above the edge of the authorized ATC\n band, or if both base stations are co-located, limit its undesired signal level at the pre-existing BRS\n base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz bandwidth and\n shall immediately notify the complaining licensee upon such reduction in the undesired signal level.\n\n (4) If a new or modified BRS base station suffers harmful interference from emissions caused by a pre-\n existing ATC base station located 1.5 km or more away, within 60 days of receipt of a documented\n interference complaint the licensee of the ATC base station must attenuate its base station\n emissions by at least 67 + 10 log (P) dB measured at 3 megahertz above the edge of the authorized\n ATC band.\n\n (5) If a new or modified BRS base station suffers harmful interference from emissions caused by a pre-\n existing ATC base station located less than 1.5 km away, within 60 days of receipt of a documented\n interference complaint:\n\n (i) the ATC licensee must attenuate its base station emissions by at least 67 + 10 log (P) −20\n log(Dkm/1.5) dB measured 3 megahertz above the edge of the authorized ATC band, or\n\n (ii) if both base stations are co-located, the ATC licensee must limit its undesired signal level at the\n new or modified BRS base station receiver(s) to no more than −107 dBm measured in a 5.5\n megahertz bandwidth.\n\n (6) Compliance with these rules is based on the use of measurement instrumentation employing a\n resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately above and\n adjacent to the 2495 MHz a resolution bandwidth of at least one percent of the emission bandwidth\n of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth\n is permitted in all cases to improve measurement accuracy, provided the measured power is\n integrated over the full required measurement bandwidth (i.e., 1 MHz or 1 percent of emission\n bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two\n points, one below the carrier center frequency and one above the carrier center frequency, outside of\n\n\n47 CFR 25.254(d)(6) (enhanced display) page 143 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.254(e)\nSatellite Communications\n\n\n which all emissions are attenuated at least 26 dB below the transmitter power. When an emission\n outside of the authorized bandwidth causes harmful interference, the Commission may, at its\n discretion, require greater attenuation than specified in this section.\n\n (e) Licensees of terrestrial low-power systems operating in the 2483.5–2495 MHz band shall operate\n consistent with the technical limits and other requirements specified in § 25.149(c)(4) and (g)(2)–(3).\n\n\n Note to § 25.254: The preceding rules of § 25.254 are based on cdma2000 and IS–95 system\n architecture. To the extent that a 1.6/2.4 GHz Mobile-Satellite Service licensee is able to\n demonstrate that the use of different system architectures would produce no greater potential\n interference than would be produced as a result of implementing the rules of this section, the\n licensee may apply for ATC authorization based on another system architecture.\n\n\n[68 FR 33653, June 5, 2003, as amended at 69 FR 18803, Apr. 9, 2004; 70 FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008; 78\nFR 8430, Feb. 6, 2013; 82 FR 8819, Jan. 31, 2017; 88 FR 21441, Apr. 10, 2023]\n\n\n§ 25.255 Procedures for resolving harmful interference related to operation of ancillary\nterrestrial components operating in the 1.5/1.6 GHz and 1.6/2.4 GHz bands.\nIf harmful interference is caused to other services by ancillary MSS ATC operations, either from ATC base stations\nor mobile terminals, the MSS ATC operator must resolve any such interference. If the MSS ATC operator claims to\nhave resolved the interference and other operators claim that interference has not been resolved, then the parties to\nthe dispute may petition the Commission for a resolution of their claims.\n\n[68 FR 33653, June 5, 2003, as amended at 78 FR 8267, Feb. 5, 2013]\n\n\n§ 25.256 Special Requirements for operations in the 3.65–3.7 GHz band.\nUpon request from a terrestrial licensee authorized under subpart Z, part 90 that seeks to place base and fixed\nstations in operation within 150 km of a primary earth station, licensees of earth stations operating on a primary\nbasis in the Fixed-Satellite Service in the 3.65–3.7 GHz band must negotiate in good faith with that terrestrial\nlicensee to arrive at mutually agreeable operating parameters to prevent unacceptable interference.\n\n[70 FR 24725, May 11, 2005, as amended at 78 FR 8430, Feb. 6, 2013]\n\n\n§ 25.257 Special requirements for NGSO MSS operations in the 29.1–29.25 GHz band regarding\nLMDS.\n (a) Non-geostationary Mobile-Satellite Service (NGSO MSS) operators shall be licensed to use the 29.1–29.25\n GHz band for Earth-to-space transmissions from feeder link earth station complexes. A “feeder link earth\n station complex” may include up to three (3) earth station groups, with each earth station group having up\n to four (4) antennas, located within a radius of 75 km of a given set of geographic coordinates provided by\n a NGSO MSS licensees or applicants pursuant to § 101.147.\n\n (b) A maximum of seven (7) feeder link earth station complexes in the contiguous United States, Alaska and\n Hawaii may be placed into operation, in the largest 100 MSAs, in the band 29.1–29.25 GHz in accordance\n with § 25.203 and § 101.147 of this chapter.\n\n\n47 CFR 25.257(b) (enhanced display) page 144 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.257(c)\nSatellite Communications\n\n\n (c) One of the NGSO MSS operators licensed to use the 29.1–29.25 GHz band may specify geographic\n coordinates for a maximum of eight feeder link earth station complexes that transmit in the 29.1–29.25\n GHz band. The other NGSO MSS operator licensed to use the 29.1–29.25 GHz band may specify\n geographic coordinates for a maximum of two feeder link earth station complexes that transmit in the\n 29.1–29.25 GHz band.\n\n (d) Additional NGSO MSS operators may be licensed in this band if the additional NGSO MSS operator shows\n that its system can share with the existing NGSO MSS systems.\n\n (e) All NGSO MSS operators shall cooperate fully and make reasonable efforts to identify mutually acceptable\n locations for feeder link earth station complexes. In this regard, any single NGSO MSS operator may\n identify only one feeder-link earth station complex protection zone in each category identified in §\n 101.147(y)(2) of this chapter until the other NGSO MSS operator has been given an opportunity to select a\n location from the same category.\n\n[61 FR 44181, Aug. 28, 1996, as amended at 78 FR 8430, Feb. 6, 2013; 81 FR 55348, Aug. 18, 2016]\n\n\n§ 25.258 Sharing between NGSO MSS feeder-link stations and GSO FSS services in the\n29.25–29.5 GHz band.\n (a) Operators of NGSO MSS feeder link earth stations and GSO FSS earth stations in the band 29.25 to 29.5\n GHz where both services have a co-primary allocation shall cooperate fully in order to coordinate their\n systems. During the coordination process both service operators shall exchange the necessary technical\n parameters required for coordination.\n\n (b) Licensed GSO FSS earth stations in the vicinity of operational NGSO MSS feeder-link earth station\n complexes must, to the maximum extent possible, operate with frequency/polarization selections that will\n minimize unacceptable interference with reception of GSO FSS and NGSO MSS uplink transmissions in\n the 29.25–29.5 GHz band. Earth station licensees operating with GSO FSS systems shall be capable of\n providing earth station locations to support coordination of NGSO MSS feeder link stations under\n paragraphs (a) and (c) of this section. Operation of ubiquitously deployed GSO FSS earth stations in the\n 29.25–29.5 GHz frequency band must conform to the rules contained in § 25.218(i).\n\n (c) Applicants for authority to use the 29.25–29.5 GHz band for NGSO MSS feeder uplinks will have to\n demonstrate that their systems can share with GSO FSS and NGSO MSS systems that have been\n authorized for operation in that band.\n\n[67 FR 37336, May 29, 2002, as amended at 68 FR 16967, Apr. 8, 2003; 81 FR 55348, Aug. 18, 2016; 84 FR 53659, Oct. 8, 2019]\n\n\n§ 25.259 Time sharing between NOAA meteorological satellite systems and non-voice, non-\ngeostationary satellite systems in the 137–138 MHz band.\n (a) The space stations of a non-voice, non-geostationary Mobile-Satellite Service (NVNG MSS) system time-\n sharing downlink spectrum in the 137–138 MHz band with National Oceanic and Atmospheric\n Administration (NOAA) satellites shall not transmit signals into the “protection areas” of the NOAA\n satellites.\n\n (1) With respect to transmission in the 137.333–137.367 MHz, 137.485–137.515 MHz,\n 137.605–137.635 MHz, and 137.753–137.787 MHz bands, the protection area for a NOAA satellite\n is the area on the Earth's surface in which the NOAA satellite is in line of sight from the ground at an\n\n47 CFR 25.259(a)(1) (enhanced display) page 145 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.259(a)(2)\nSatellite Communications\n\n\n elevation angle of five degrees or more above the horizon. No NVNG MSS satellite shall transmit in\n these bands when it is in line of sight at an elevation angle of zero degrees or more from any point\n on the ground within a NOAA satellite's protected area for that band.\n\n (2) With respect to transmission in the 137.025–137.175 MHz and 137.825–138 MHz bands, the\n protection area for a NOAA satellite is the area on the Earth's surface in which the NOAA satellite is\n in line of sight from the ground at any elevation angle above zero degrees. No NVNG MSS satellite\n shall transmit in these bands when at a line-of-sight elevation angle of zero degrees or more from\n any point on the ground within a NOAA satellite's protected area for that band. In addition, such an\n NVNG MSS satellite shall cease transmitting when it is at an elevation angle of less than zero\n degrees from any such point, if reasonably necessary to protect reception of the NOAA satellite's\n signal.\n\n (3) An NVNG MSS licensee is responsible for obtaining the ephemeris data necessary for compliance\n with these restrictions. The ephemeris information must be updated system-wide on at least a\n weekly basis. For calculation required for compliance with these restrictions an NVNG MSS licensee\n shall use an orbital propagator algorithm with an accuracy equal to or greater than the NORAD\n propagator used by NOAA.\n\n (b) An NVNG licensee time sharing spectrum in the 137–138 MHz band must establish a 24-hour per day\n contact person and telephone number so that claims of harmful interference into NOAA earth stations\n and other operational issues can be reported and resolved expeditiously. This contact information must\n be made available to NOAA or its designee. If the NTIA notifies the Commission that NOAA is receiving\n unacceptable interference from a NVNG licensee, the Commission will require such NVNG licensee to\n terminate its interfering operations immediately unless it demonstrates to the Commission's reasonable\n satisfaction, and that of NTIA, that it is not responsible for causing harmful interference into the\n worldwide NOAA system. An NVNG licensee assumes the risk of any liability or damage that it and its\n directors, officers, employees, affiliates, agents and subcontractors may incur or suffer in connection with\n an interruption of its Mobile-Satellite Service, in whole or in part, arising from or relating to its compliance\n or noncompliance with the requirements of this paragraph.\n\n (c) Each satellite in a NVNG licensee's system time-sharing spectrum with NOAA in the 137–138 MHz band\n shall automatically turn off and cease satellite transmissions if, after 72 consecutive hours, no reset\n signal is received from the NVNG licensee's gateway earth station and verified by the satellite. All\n satellites in such NVNG licensee's system shall be capable of instantaneous shutdown on any sub-band\n upon command from such NVNG licensee's gateway earth station.\n\n[62 FR 59296, Nov. 3, 1997, as amended at 78 FR 8430, Feb. 6, 2013; 79 FR 8324, Feb. 12, 2014]\n\n\n§ 25.260 Time sharing between DoD meteorological satellite systems and non-voice, non-\ngeostationary satellite systems in the 400.15–401 MHz band.\n (a) The space stations of a non-voice, non-geostationary Mobile-Satellite Service (NVNG MSS) system time-\n sharing downlink spectrum in the 400.15–401.0 MHz band with Department of Defense (DoD) satellites\n shall not transmit signals into the “protection areas” of the DoD satellites.\n\n (1) The protection area for such a DoD satellite is the area on the Earth's surface in which the DoD\n satellite is in line of sight from the ground at an elevation angle of five degrees or more above the\n horizon.\n\n\n\n47 CFR 25.260(a)(1) (enhanced display) page 146 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.260(a)(2)\nSatellite Communications\n\n\n (2) An NVNG MSS space station shall not transmit in the 400.15–401 MHz band when at a line-of-sight\n elevation angle of zero degrees or more from any point on the ground within the protected area of a\n DoD satellite operating in that band.\n\n (3) An NVNG MSS licensee is responsible for obtaining the ephemeris data necessary for compliance\n with this restriction. The ephemeris information must be updated system-wide at least once per\n week. For calculation required for compliance with this restriction an NVNG MSS licensee shall use\n an orbital propagator algorithm with an accuracy equal to or greater than the NORAD propagator\n used by DoD.\n\n (b) An NVNG licensee time sharing spectrum in the 400.15–401 MHz band must establish a 24-hour per day\n contact person and telephone number so that claims of harmful interference into DoD earth stations and\n other operational issues can be reported and resolved expeditiously. This contact information must be\n made available to DoD or its designee. If the NTIA notifies the Commission that DoD is receiving\n unacceptable interference from a NVNG licensee, the Commission will require such NVNG licensee to\n terminate its interfering operations immediately unless it demonstrates to the Commission's reasonable\n satisfaction, and that of NTIA, that it is not responsible for causing harmful interference into the\n worldwide DoD system. A NVNG licensee assumes the risk of any liability or damage that it and its\n directors, officers, employees, affiliates, agents and subcontractors may incur or suffer in connection with\n an interruption of its Mobile-Satellite Service, in whole or in part, arising from or relating to its compliance\n or noncompliance with the requirements of this paragraph.\n\n (c) Each satellite in a NVNG licensee's system time-sharing spectrum with DoD in the 400.15–401 MHz band\n shall automatically turn off and cease satellite transmissions if, after 72 consecutive hours, no reset\n signal is received from the NVNG licensee's gateway earth station and verified by the satellite. All\n satellites in such NVNG licensee's system shall be capable of instantaneous shutdown on any sub-band\n upon command from such NVNG licensee's gateway earth station.\n\n (d) Initially, a NVNG licensee time-sharing spectrum with DoD in the 400.15–401 MHz band shall be able to\n change the frequency on which its system satellites are operating within 125 minutes of receiving\n notification from a DoD required frequency change in the 400.15–401 MHz band. Thereafter, when a\n NVNG licensee constructs additional gateway earth stations located outside of North and South America,\n it shall use its best efforts to decrease to 90 minutes the time required to implement a DoD required\n frequency change. A NVNG licensee promptly shall notify the Commission and NTIA of any decrease in\n the time it requires to implement a DoD required frequency change.\n\n (e) Once a NVNG licensee time-sharing spectrum with DoD in the 400.15–401 MHz band demonstrates to\n DoD that it is capable of implementing a DoD required frequency change within the time required under\n paragraph (d) of this section, thereafter, such NVNG licensee shall demonstrate its capability to\n implement a DoD required frequency change only once per year at the instruction of DoD. Such\n demonstrations shall occur during off-peak hours, as determined by the NVNG licensee, unless otherwise\n agreed by the NVNG licensee and DoD. Such NVNG licensee will coordinate with DoD in establishing a\n plan for such a demonstration. In the event that a NVNG licensee fails to demonstrate to DoD that it is\n capable of implementing a DoD required frequency change in accordance with a demonstration plan\n established by DoD and the NVNG licensee, upon the Commission's receipt of a written notification from\n NTIA describing such failure, the Commission shall impose additional conditions or requirements on the\n NVNG licensee's authorization as may be necessary to protect DoD operations in the 400.15–401 MHz\n downlink band until the Commission is notified by NTIA that the NVNG licensee has successfully\n\n\n\n\n47 CFR 25.260(e) (enhanced display) page 147 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.261\nSatellite Communications\n\n\n demonstrated its ability to implement a DoD required frequency change. Such additional conditions or\n requirements may include, but are not limited to, requiring such NVNG licensee immediately to terminate\n its operations interfering with the DoD system.\n\n[62 FR 59296, Nov. 3, 1997, as amended at 78 FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014]\n\n\n§ 25.261 Sharing among NGSO FSS space stations.\n\nLink to an amendment published at 88 FR 39792, June 20, 2023.\n\n (a) Scope. This section applies to NGSO FSS operation with earth stations with directional antennas\n anywhere in the world under a Commission license, or in the United States under a grant of U.S. market\n access.\n\n (b) Coordination. NGSO FSS licensees and market access recipients must coordinate in good faith the use of\n commonly authorized frequencies regardless of their processing round status.\n\n (c) Default procedure. Absent coordination between two or more satellite systems, whenever the increase in\n system noise temperature of an earth station receiver, or a space station receiver for a satellite with on-\n board processing, of either system, ΔT/T, exceeds 6 percent due to interference from emissions\n originating in the other system in a commonly authorized frequency band, such frequency band will be\n divided among the affected satellite networks in accordance with the following procedure:\n\n (1) Each of n (number of) satellite networks involved that were licensed or granted market access\n through the same processing round, except as provided in paragraph (e) of this section, must select\n 1/n of the assigned spectrum available in each of these frequency bands. The selection order for\n each satellite network will be determined by the date that the first space station in each satellite\n system is launched and capable of operating in the frequency band under consideration;\n\n (2) The affected station(s) of the respective satellite systems may operate in only the selected (1/n)\n spectrum associated with its satellite system while the ΔT/T of 6 percent threshold is exceeded;\n\n (3) All affected station(s) may resume operations throughout the assigned frequency bands once the\n threshold is no longer exceeded.\n\n (d) [Reserved]\n\n (e) Sunsetting. Ten years after the first authorization or grant of market access in a processing round, the\n systems approved in that processing round will no longer be required to protect earlier-rounds systems,\n and instead will be required to share spectrum with earlier-round systems under paragraph (c) of this\n section.\n\n[82 FR 59986, Dec. 18, 2017, as amended at 88 FR 39792, June 20, 2023]\n\n\n§ 25.262 Licensing and domestic coordination requirements for 17/24 GHz BSS space stations\nand FSS space stations transmitting in the 17.3–17.8 GHz band.\n (a) A 17/24 GHz BSS or FSS applicant seeking to transmit in the 17.3–17.8 GHz band may be authorized to\n operate a space station at levels up to the maximum power flux density limits defined in paragraphs (a)(1)\n and (2) of this section without coordinating its power flux density levels with adjacent licensed or\n permitted operators, as follows:\n47 CFR 25.262(a) (enhanced display) page 148 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.262(a)(1)\nSatellite Communications\n\n\n (1) For 17/24 GHz BSS applicants, up to the power flux density levels specified in § 25.140(b)(3) only if\n there is no licensed space station, or prior-filed application for a space station transmitting in the\n 17.3–17.8 GHz band at a location less than four degrees from the orbital location at which the\n applicant proposes to operate; and\n\n (2) For FSS space station applicants transmitting in the 17.3–17.8 GHz band, up to the maximum power\n flux density levels in § 25.140(a)(3)(iii), only if there is no licensed 17/24 GHz BSS space station, or\n prior-filed application for a 17/24 GHz BSS space station, at a location less than four degrees from\n the orbital location at which the FSS applicant proposes to operate, and there is no licensed FSS\n space station, or prior-filed application for an FSS space station transmitting in the 17.3–17.8 GHz\n band, at a location less than two degrees from the orbital location at which the applicant proposes to\n operate.\n\n (b) Any U.S. licensee or permittee authorized to transmit in the 17.3–17.8 GHz band that does not comply\n with the applicable power flux-density limits set forth in § 25.140(a)(3)(iii) and/or (b)(3) shall bear the\n burden of coordinating with any future co-frequency licensees and permittees of a space station\n transmitting in the 17.3–17.8 GHz band as required in § 25.114(d)(15)(ii).\n\n (c) If no good faith agreement can be reached, the operator of the FSS space station transmitting in the\n 17.3–17.8 GHz band that does not comply with § 25.140(a)(3)(iii) or the operator of the 17/24 GHz BSS\n space station that does not comply with § 25.140(b)(3), shall reduce its power flux-density levels to be\n compliant with those specified in § 25.140(a)(3)(iii) and/or (b)(3) as appropriate.\n\n (d) Any U.S. licensee or permittee of a space station transmitting in the 17.3–17.8 GHz band that is required\n to provide information in its application pursuant to § 25.140(a)(2) or (b)(4) must accept any increased\n interference that may result from adjacent space stations transmitting in the 17.3–17.8 GHz band that are\n operating in compliance with the rules for such space stations specified in §§ 25.140(a) and (b),\n 25.202(a)(9) and (e) through (g), 25.210(i) through (j), 25.224, 25.262, 25.264(h), and 25.273(a)(3).\n\n (e) Notwithstanding the provisions of this section, licensees and permittees will be allowed to apply for a\n license or authorization for a replacement satellite that will be operated at the same power level and\n interference protection as the satellite to be replaced.\n\n[87 FR 72407, Nov. 25, 2022]\n\n\n§ 25.263 Information sharing requirements for SDARS terrestrial repeater operators.\nThis section requires SDARS licensees in the 2320–2345 MHz band to share information regarding the location and\noperation of terrestrial repeaters with WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands. Section\n27.72 of this chapter requires WCS licensees to share information regarding the location and operation of base\nstations in the 2305–2320 MHz and 2345–2360 MHz bands with SDARS licensees in the 2320–2345 MHz band.\n\n (a) SDARS licensees must select terrestrial repeater sites and frequencies, to the extent practicable, to\n minimize the possibility of harmful interference to WCS base station operations in the 2305–2320 MHz\n and 2345–2360 MHz bands.\n\n (b) Notice requirements. SDARS licensees that intend to operate a new terrestrial repeater must, before\n commencing such operation, provide 10 business days prior notice to all potentially affected Wireless\n Communications Service (WCS) licensees. SDARS licensees that intend to modify an existing repeater\n must, before commencing such modified operation, provide 5 business days prior notice to all potentially\n affected WCS licensees.\n\n47 CFR 25.263(b) (enhanced display) page 149 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.263(b)(1)\nSatellite Communications\n\n\n (1) For purposes of this section, a “potentially affected WCS licensee” is a WCS licensee that:\n\n (i) Is authorized to operate a base station in the 2305–2315 MHz or 2350–2360 MHz bands in the\n same Major Economic Area (MEA) as that in which the terrestrial repeater is to be located;\n\n (ii) Is authorized to operate base station in the 2315–2320 MHz or 2345–2350 MHz bands in the\n same Regional Economic Area Grouping (REAG) as that in which the terrestrial repeater is to be\n located;\n\n (iii) In addition to the WCS licensees identified in paragraphs (b)(1)(i) and (ii) of this section, in\n cases in which the SDARS licensee plans to deploy or modify a terrestrial repeater within 5\n kilometers of the boundary of an MEA or REAG in which the terrestrial repeater is to be located,\n a potentially affected WCS licensee is one that is authorized to operate a WCS base station in\n that neighboring MEA or REAG within 5 kilometers of the location of the terrestrial repeater.\n\n (2) For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter.\n\n (3) For modifications other than changes in location, a licensee may provide notice within 24 hours after\n the modified operation if the modification does not result in a predicted increase of the power flux\n density (PFD) at ground level by more than 1 dB since the last advance notice was given. If a\n demonstration is made by the WCS licensee that such modifications may cause harmful interference\n to WCS receivers, SDARS licensees will be required to provide notice 5 business days in advance of\n additional repeater modifications.\n\n (4) SDARS repeaters operating below 2 watts equivalent isotropically radiated power (EIRP) are exempt\n from the notice requirements set forth in this paragraph.\n\n (5) SDARS licensees are encouraged to develop separate coordination agreements with WCS licensees\n to facilitate efficient deployment of and coexistence between each service. To the extent the\n provisions of any such coordination agreement conflict with the requirements set forth herein, the\n procedures established under a coordination agreement will control. SDARS licensees must\n maintain a copy of any coordination agreement with a WCS license in their station files and disclose\n it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission.\n\n (6) SDARS and WCS licensees may enter into agreements regarding alternative notification procedures.\n\n (c) Contents of notice.\n\n (1) Notification must be written (e.g., certified letter, fax, or e-mail) and include the licensee's name, and\n the name, address, and telephone number of its coordination representative, unless the SDARS\n licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification\n by some other means. WCS licensees and SDARS licensees may establish such a mutually\n agreeable alternative notification mechanism without prior Commission approval, provided that they\n comply with all other requirements of this section.\n\n (2) Regardless of the notification method, notification must specify relevant technical details, including,\n at a minimum:\n\n (i) The coordinates of the proposed repeater to an accuracy of no less than ±1 second latitude and\n longitude;\n\n (ii) The proposed operating power(s), frequency band(s), and emission(s);\n\n\n\n47 CFR 25.263(c)(2)(ii) (enhanced display) page 150 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.263(c)(2)(iii)\nSatellite Communications\n\n\n (iii) The antenna center height above ground and ground elevation above mean sea level, both to an\n accuracy of no less than ±1 meter;\n\n (iv) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the\n main beam; and\n\n (v) The antenna downtilt angle(s).\n\n (3) An SDARS licensee operating terrestrial repeaters must maintain an accurate and up-to-date\n inventory of its terrestrial repeaters operating above 2 watts average EIRP, including the information\n set forth in § 25.263(c)(2), which shall be available upon request by the Commission.\n\n (d) Calculation of Notice Period. Notice periods are calculated from the date of receipt by the licensee being\n notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If\n notification is by fax, the date of receipt is evidenced by the notifying party's fax transmission\n confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If\n the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide\n notification by some other means, that agreement must specify the method for determining the beginning\n of the notice period.\n\n (e) Duty to cooperate. SDARS licensees must cooperate in good faith in the selection and use of new repeater\n sites to reduce interference and make the most effective use of the authorized facilities. SDARS licensees\n should provide WCS licensees as much lead time as practicable to provide ample time to conduct\n analyses and opportunity for prudent repeater site selection prior to SDARS licensees entering into real\n estate and tower leasing or purchasing agreements. Licensees of stations suffering or causing harmful\n interference must cooperate in good faith and resolve such problems by mutually satisfactory\n arrangements. If the licensees are unable to do so, the Space Bureau, in consultation with the Office of\n Engineering and Technology and the Wireless Telecommunications Bureau, will consider the actions\n taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the\n appropriate action, the Bureau will take into account the nature and extent of the interference and act\n promptly to remedy the interference. The Bureau may impose restrictions on SDARS licensees, including\n specifying the transmitter power, antenna height, or other technical or operational measures to remedy\n the interference, and will take into account previous measures by the licensees to mitigate the risk of\n interference.\n\n[75 FR 45069, Aug. 2, 2010, as amended at 78 FR 9619, Feb. 11, 2013; 88 FR 21441, Apr. 10, 2023]\n\n\n§ 25.264 Requirements to facilitate reverse-band operation in the 17.3–17.8 GHz band of 17/24\nGHz BSS and DBS Service space stations.\n\nLink to an amendment published at 87 FR 72407, Nov. 25, 2022.\n\n (a) Each 17/24 GHz BSS space station applicant or licensee must submit a series of tables or graphs\n containing predicted off-axis gain data for each antenna that will transmit in the 17.3–17.8 GHz frequency\n band, in accordance with the following specifications. Using a Cartesian coordinate system wherein the X\n axis is tangent to the geostationary orbital arc with the positive direction pointing east, i.e., in the direction\n of travel of the satellite; the Y axis is parallel to a line passing through the geographic north and south\n\n\n\n\n47 CFR 25.264(a) (enhanced display) page 151 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.264(a)(1)\nSatellite Communications\n\n\n poles of the Earth, with the positive direction pointing south; and the Z axis passes through the satellite\n and the center of the Earth, with the positive direction pointing toward the Earth, the applicant or licensee\n must provide the predicted transmitting antenna off-axis antenna gain information:\n\n (1) In the X–Z plane, i.e., the plane of the geostationary orbit, over a range of ±30 degrees from the\n positive and negative X axes in increments of 5 degrees or less.\n\n (2) In planes rotated from the X–Z plane about the Z axis, over a range of ±60 degrees relative to the\n equatorial plane, in increments of 10 degrees or less.\n\n (3) In both polarizations.\n\n (4) At a minimum of three measurement frequencies determined with respect to the entire portion of the\n 17.3–17.8 GHz frequency band over which the space station is designed to transmit: 5 MHz above\n the lower edge of the band; at the band center frequency; and 5 MHz below the upper edge of the\n band.\n\n (5) Over a greater angular measurement range, if necessary, to account for any planned spacecraft\n orientation bias or change in operating orientation relative to the reference coordinate system. The\n applicant or licensee must state the reasons for including such additional information.\n\n (6) The predictive gain information must be submitted to the Commission when a license application is\n filed for a 17/24 GHz BSS space station or within 60 days after completion of critical design review\n for the space station, whichever occurs later.\n\n (b) A 17/24 GHz BSS space station applicant or licensee must submit power flux density (pfd) calculations\n based on the predicted gain data submitted in accordance with paragraph (a) of this section, as follows:\n\n (1) The pfd calculations must be provided at the location of all prior-filed U.S. DBS space stations where\n the applicant's pfd level exceeds the coordination trigger of −117 dBW/m2/100 kHz in the 17.3–17.8\n GHz band. In this rule, the term prior-filed U.S. DBS space station refers to any co-frequency Direct\n Broadcast Satellite service space station for which an application was filed with the Commission, or\n an authorization was granted by the Commission, prior to the filing of the information and\n certifications required by paragraphs (a) and (b) of this section. The term prior-filed U.S. DBS space\n station does not include any applications (or authorizations) that have been denied, dismissed, or\n are otherwise no longer valid. Prior-filed U.S. DBS space stations may include foreign-licensed DBS\n space stations seeking authority to serve the United States market, but do not include foreign-\n licensed DBS space stations that have not filed applications with the Commission for market access\n in the United States.\n\n (2) The pfd calculations must take into account the maximum permitted longitudinal station-keeping\n tolerance, orbital inclination and orbital eccentricity of both the 17/24 GHz BSS and DBS space\n stations, and must:\n\n (i) Identify each prior-filed U.S. DBS space station at whose location the coordination threshold pfd\n level of −117 dBW/m2/100 kHz is exceeded; and\n\n (ii) Indicate the extent to which the calculated pfd of the 17/24 GHz space station's transmissions\n in the 17.3–17.8 GHz band exceed the threshold pfd level of −117 dBW/m2/100 kHz at those\n prior-filed U.S. DBS space station locations.\n\n\n\n\n47 CFR 25.264(b)(2)(ii) (enhanced display) page 152 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.264(b)(3)\nSatellite Communications\n\n\n (3) If the calculated pfd exceeds the threshold level of −117 dBW/m2/100 kHz at the location of any\n prior-filed U.S. DBS space station, the applicant or licensee must also provide with the pfd\n calculations a certification that all affected DBS operators acknowledge and do not object to such\n higher off-axis pfd levels. No such certification is required in cases where the DBS and 17/24 GHz\n BSS assigned operating frequencies do not overlap.\n\n (4) The information and any certification required by paragraph (b) of this section must be submitted to\n the Commission when a license application is filed for a 17/24 GHz BSS space station or within 60\n days after completion of critical design review for the space station, whichever occurs later.\n Otherwise, such information and certifications must be submitted to the Commission within 24\n months after the grant of an operating license for a 17/24 GHz BSS space station or when the\n applicant or licensee certifies completion of critical design review, whichever occurs first.\n\n (c) No later than 2 months prior to launch, each 17/24 GHz BSS space station licensee must update the\n predicted transmitting antenna off-axis gain information provided in accordance with paragraph (a) of this\n section by submitting measured transmitting antenna off-axis gain information over the angular ranges,\n measurement frequencies and polarizations specified in paragraphs (a)(1) through (5) of this section. The\n transmitting antenna off-axis gain information should be measured under conditions as close to flight\n configuration as possible.\n\n (d) No later than 2 months prior to launch, or when applying for authority to change the location of a 17/24\n GHz BSS space station that is already in orbit, each 17/24 GHz BSS space station licensee must provide\n pfd calculations based on the measured off-axis gain data submitted in accordance with paragraph (c) of\n this section, as follows:\n\n (1) The pfd calculations must be provided:\n\n (i) At the location of all prior-filed U.S. DBS space stations as defined in paragraph (b)(1) of this\n section, where the applicant's pfd level in the 17.3–17.8 GHz band exceeds the coordination\n trigger of −117 dBW/m2/100 kHz; and\n\n (ii) At the location of any subsequently filed U.S. DBS space station where the pfd level in the\n 17.3–17.8 GHz band calculated on the basis of measured gain data exceeds −117\n dBW/m2/100 kHz. In this rule, the term subsequently filed U.S. DBS space station refers to any\n co-frequency Direct Broadcast Satellite service space station proposed in a license application\n filed with the Commission after the 17/24 GHz BSS operator submitted the predicted data\n required by paragraphs (a) through (b) of this section but before submission of the measured\n data required by this paragraph. Subsequently-filed U.S. DBS space stations may include\n foreign-licensed DBS space stations seeking authority to serve the United States market. The\n term does not include any applications (or authorizations) that have been denied, dismissed, or\n are otherwise no longer valid, nor does it include foreign-licensed DBS space stations that have\n not filed applications with the Commission for market access in the United States.\n\n (2) The pfd calculations must take into account the maximum permitted longitudinal station-keeping\n tolerance, orbital inclination and orbital eccentricity of both the 17/24 GHz BSS and DBS space\n stations, and must:\n\n (i) Identify each prior-filed U.S. DBS space station at whose location the coordination threshold pfd\n level of −117 dBW/m2/100 kHz is exceeded; and\n\n\n\n\n47 CFR 25.264(d)(2)(i) (enhanced display) page 153 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.264(d)(2)(ii)\nSatellite Communications\n\n\n (ii) Demonstrate the extent to which the applicant's or licensee's transmissions in the 17.3–17.8\n GHz band exceed the threshold pfd level of −117 dBW/m2/100 kHz at those prior-filed U.S. DBS\n space station locations.\n\n (e) If the pfd level calculated from the measured data submitted in accordance with paragraph (d) of this\n section is in excess of the threshold pfd level of −117 dBW/m2/100 kHz:\n\n (1) At the location of any prior-filed U.S. DBS space station as defined in paragraph (b)(1) of this section,\n then the 17/24 GHz broadcasting-satellite operator must either:\n\n (i) Coordinate its operations that are in excess of the threshold pfd level of −117 dBW/m2/100 kHz\n with the affected prior-filed U.S. DBS space station operator, or\n\n (ii) Adjust its operating parameters so that at the location of the prior-filed U.S. DBS space station,\n the pfd level of −117 dBW/m2/100 kHz is not exceeded.\n\n (2) At the location of any subsequently-filed U.S. DBS space station as defined in paragraph (d)(1) of this\n section, where the pfd level submitted in accordance with paragraph (d) of this section, is also in\n excess of the pfd level calculated on the basis of the predicted data submitted in accordance with\n paragraph (a) of this section that were on file with the Commission at the time the DBS space station\n application was filed, then the 17/24 GHz broadcasting-satellite operator must either:\n\n (i) Coordinate with the affected subsequently-filed U.S. DBS space station operator all of its\n operations that are either in excess of the pfd level calculated on the basis of the predicted\n antenna off-axis gain data, or are in excess of the threshold pfd level of −117 dBW/m2/100 kHz,\n whichever is greater, or\n\n (ii) Adjust its operating parameters so that at the location of the subsequently-filed U.S. DBS space\n station, either the pfd level calculated on the basis of the predicted off-axis transmitting\n antenna gain data, or the threshold pfd level of −117 dBW/m2/100 kHz, whichever is greater, is\n not exceeded.\n\n (3) No coordination or adjustment of operating parameters is required in cases where the DBS and 17/\n 24 GHz BSS operating frequencies do not overlap.\n\n (f) The 17/24 GHz BSS applicant or licensee must modify its license, or amend its application, as appropriate,\n based upon new information:\n\n (1) If the pfd levels submitted in accordance with paragraph (d) of this section, are in excess of those\n submitted in accordance with paragraph (b) of this section at the location of any prior-filed or\n subsequently-filed U.S. DBS space station as defined in paragraphs (b)(1) and (d)(1)of this section,\n or\n\n (2) If the 17/24 GHz BSS operator adjusts its operating parameters in accordance with paragraphs\n (e)(1)(ii) or (e)(2)(ii) or this section.\n\n (g) Absent an explicit agreement between operators to permit more closely spaced operations, U.S.\n authorized 17/24 GHz BSS space stations and U.S. authorized DBS space stations with co-frequency\n assignments may not be licensed to operate at locations separated by less than 0.2 degrees in orbital\n longitude.\n\n (h) All operational 17/24 GHz BSS space stations must be maintained in geostationary orbits that:\n\n (1) Do not exceed 0.075° of inclination.\n\n47 CFR 25.264(h)(1) (enhanced display) page 154 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.264(h)(2)\nSatellite Communications\n\n\n (2) Operate with an apogee less than or equal to 35,806 km above the surface of the Earth, and with a\n perigee greater than or equal to 35,766 km above the surface of the Earth (i.e., an eccentricity of less\n than 4.7 × 10−4).\n\n (i) U.S. authorized DBS networks may claim protection from space path interference arising from the reverse-\n band operations of U.S. authorized 17/24 GHz BSS networks to the extent that the DBS space station\n operates within the bounds of inclination and eccentricity listed below. When the geostationary orbit of\n the DBS space station exceeds these bounds on inclination and eccentricity, it may not claim protection\n from any additional space path interference arising as a result of its inclined or eccentric operations and\n may only claim protection as if it were operating within the bounds listed below:\n\n (1) The DBS space station's orbit does not exceed 0.075° of inclination, and\n\n (2) The DBS space station's orbit maintains an apogee less than or equal to 35,806 km above the\n surface of the Earth, and a perigee greater than or equal to 35,766 km above the surface of the Earth\n (i.e., an eccentricity of less than 4.7 × 10−4).\n\n[76 FR 50431, Aug. 15, 2011, as amended at 81 FR 55348, Aug. 18, 2016]\n\n\n§ 25.265 Acceptance of interference in 2000–2020 MHz.\n (a) MSS receivers operating in the 2000–2020 MHz band must accept interference from lawful operations in\n the 1995–2000 MHz band, where such interference is due to:\n\n (1) The in-band power of any operations in 1995–2000 MHz (i.e., the portion of transmit power\n contained in the 1995–2000 MHz band); or\n\n (2) The portion of out-of-band emissions contained in 2000–2005 MHz.\n\n (b) [Reserved]\n\n[78 FR 8267, Feb. 5, 2013]\n\n\nSubpart D—Technical Operations\n\nSource: 58 FR 13421, Mar. 11, 1993, unless otherwise noted.\n\n\n\n§ 25.271 Control of transmitting stations.\n (a) The licensee of a facility licensed under this part is responsible for the proper operation and maintenance\n of the station.\n\n (b) The licensee of a transmitting earth station licensed under this part shall ensure that a trained operator is\n present on the earth station site, or at a designated remote control point for the earth station, at all times\n that transmissions are being conducted. No operator's license is required for a person to operate or\n perform maintenance on facilities authorized under this part.\n\n (c) Authority will be granted to operate a transmitting earth station by remote control only on the conditions\n that:\n\n\n\n\n47 CFR 25.271(c) (enhanced display) page 155 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.271(c)(1)\nSatellite Communications\n\n\n (1) The parameters of the transmissions of the remote station monitored at the control point, and the\n operational functions of the remote earth stations that can be controlled by the operator at the\n control point, are sufficient to ensure that the operations of the remote station(s) are at all times in\n full compliance with the remote station authorization(s);\n\n (2) The earth station facilities are protected by appropriate security measures to prevent unauthorized\n entry or operations;\n\n (3) Upon detection by the licensee, or upon notification from the Commission of a deviation or upon\n notification by another licensee of harmful interference, the operation of the remote station shall be\n immediately suspended by the operator at the control point until the deviation or interference is\n corrected, except that transmissions concerning the immediate safety of life or property may be\n conducted for the duration of the emergency; and\n\n (4) The licensee shall have available at all times the technical personnel necessary to perform\n expeditiously the technical servicing and maintenance of the remote stations.\n\n (5) Operators of blanket-licensed GSO FSS earth station networks that provide international service\n must maintain a control point within the United States, or maintain a point of contact within the\n United States available 24 hours a day, 7 days a week, with the ability to shut off any earth station\n within the network immediately upon notification of harmful interference.\n\n (d) The licensee shall ensure that the licensed facilities are properly secured against unauthorized access or\n use whenever an operator is not present at the transmitter. For space station operations, this includes\n securing satellite commands against unauthorized access and use.\n\n (e) [Reserved]\n\n (f) The licensee of any transmitting earth station licensed under this part must update the contact\n information provided in the most recent license application for the station within 10 days of any change\n therein. The updated information must be filed electronically in the “Other Filings” tab of the station's\n current authorization file in the International Communications Filing System.\n\n (g) All applicants shall ensure compliance with the Commission's radio frequency exposure requirements in\n §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applicants with terminals that will\n exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure shall provide a\n plan for mitigation of radiation exposure to the extent required to meet those guidelines. Licensees of\n transmitting earth stations are prohibited from using remote earth stations in their networks that are not\n designed to stop transmission when synchronization to signals from the target satellite fails.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 66 FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005;\n74 FR 47107, Sept. 15, 2009; 78 FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014; 81 FR 55349, Aug. 18, 2016; 82 FR 59986, Dec.\n18, 2017; 85 FR 18150, Apr. 1, 2020; 85 FR 52453, Aug. 25, 2020; 88 FR 21442, Apr. 10, 2023]\n\n\n§ 25.272 General inter-system coordination procedures.\n (a) Each space station licensee in the Fixed-Satellite Service shall establish a satellite network control center\n which will have the responsibility to do the following:\n\n (1) Monitor space-to-Earth transmissions in its system (thus indirectly monitoring uplink earth station\n transmissions in its system) and\n\n\n\n47 CFR 25.272(a)(1) (enhanced display) page 156 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.272(a)(2)\nSatellite Communications\n\n\n (2) Coordinate transmissions in its satellite system with those of other systems to prevent harmful\n interference incidents or, in the event of a harmful interference incident, to identify the source of the\n interference and correct the problem promptly.\n\n (b) [Reserved]\n\n (c) The transmitting earth station licensee shall provide the operator(s) of the satellites, on which the licensee\n is authorized to transmit, contact telephone numbers for the control center of the earth station and\n emergency telephone numbers for key personnel; a current file of these contacts shall be maintained at\n each satellite system control center.\n\n (d) An earth station licensee shall ensure that each of its authorized earth stations complies with the\n following:\n\n (1) The earth station licensee shall ensure that there is continuously available means of\n communications between the satellite network control center and the earth station operator or its\n remote control point as designated by the licensee.\n\n (2) The earth station operator shall notify the satellite network control center and receive permission\n from the control center before transmitting to the satellite or changing the basic characteristics of a\n transmission.\n\n (3) The earth station operator shall keep the space station licensee informed of all actual and planned\n usage.\n\n (4) Upon approval of the satellite network control center, the earth station operator may radiate an RF\n carrier into the designated transponder. Should improper illumination of the transponder or undue\n adjacent transponder interference be observed by the satellite network control center, the earth\n station operator shall immediately take whatever measures are needed to eliminate the problem.\n\n (5) The space station licensee may delegate the responsibility and duties of the satellite network control\n center to a technically qualified user or group of users, but the space station licensee shall remain\n ultimately responsible for the performance of those duties.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 78 FR 8431, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014]\n\n\n§ 25.273 Duties regarding space communications transmissions.\n (a) No person shall:\n\n (1) Transmit to a satellite unless the specific transmission is first authorized by the satellite network\n control center;\n\n (2) Conduct transmissions over a transponder unless the operator is authorized to transmit at that time\n by the satellite licensee or the satellite licensee's successor in interest; or\n\n (3) Transmit in any manner that causes unacceptable interference to the authorized transmission of\n another licensee.\n\n (b) Satellite operators shall provide upon request by the Commission and by earth station licensees\n authorized to transmit on their satellites relevant information needed to avoid unacceptable interference\n to other users, including the polarization angles for proper illumination of a given transponder.\n\n\n\n47 CFR 25.273(b) (enhanced display) page 157 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.273(c)\nSatellite Communications\n\n\n (c) Space station licensees are responsible for maintaining complete and accurate technical details of\n current and planned transmissions over their satellites, and shall require that authorized users of\n transponders on their satellites, whether by tariff or contract, provide any necessary technical information\n in this regard including that required by § 25.272. Based on this information, space station licensees shall\n exchange among themselves general technical information concerning current and planned transmission\n parameters as needed to identify and promptly resolve any potential cases of unacceptable interference\n between their satellite systems.\n\n (d) Space stations authorized after May 10, 1993 which do not satisfy the requirements of § 25.210 may be\n required to accept greater constraints in resolving interference problems than complying ones. The extent\n of these constraints shall be determined on a case-by-case basis.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 78 FR 8431, Feb. 6, 2013]\n\n\n§ 25.274 Procedures to be followed in the event of harmful interference.\n (a) The earth station operator whose transmission is suffering harmful interference shall first check the earth\n station equipment to ensure that the equipment is functioning properly.\n\n (b) The earth station operator shall then check all other earth stations in the licensee's network that could be\n causing the harmful interference to ensure that none of them is the source of the interference and to\n verify that the interference is not from a local terrestrial source.\n\n (c) After the earth station operator has determined that the source of the interference is not another earth\n station operating in the same network or from a terrestrial source, the earth station operator shall contact\n the satellite system control center and advise the satellite operator of the problem. The control center\n operator shall observe the interference incident and make reasonable efforts to determine the source of\n the problem. A record shall be maintained by the control center operator and the earth station operator of\n all harmful interference incidents and their resolution. These records shall be made available to an FCC\n representative on request.\n\n (d) Where the suspected source of the interference incident is the operation of an earth station licensed to\n operate on one or more of the satellites in the satellite operator's system, the control center operator shall\n advise the offending earth station of the harmful interference incident and assist in the resolution of the\n problem where reasonably possible.\n\n (e) The earth station licensee whose operations are suspected of causing harmful interference to the\n operations of another earth station shall take reasonable measures to determine whether its operations\n are the source of the harmful interference problem. Where the operations of the suspect earth station are\n the source of the interference, the licensee of that earth station shall take all measures necessary to\n resolve the interference.\n\n (f) Where the earth station suspected of causing harmful interference to the operations of another earth\n station cannot be identified or is identified as an earth station operating on a satellite system other than\n the one on which the earth station suffering harmful interference is operating, it is the responsibility of a\n representative of the earth station suffering harmful interference to contact the control center of other\n satellite systems. The operator of the earth station suffering harmful interference is free to choose any\n representative to make this contact, including but not limited to the operator of the satellite system on\n which the earth station is operating. The operator of the earth station suffering harmful interference is\n also free to contact the control center of the other satellite systems directly.\n\n\n47 CFR 25.274(f) (enhanced display) page 158 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.274(g)\nSatellite Communications\n\n\n (g) At any point, the system control center operator may contact the Commission's Columbia Operations\n Center in Columbia, Maryland, to assist in resolving the matter. This office specializes in the resolution of\n satellite interference problems. All licensees are required to cooperate fully with the Commission in any\n investigation of interference problems.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 70 FR 32257, June 2, 2005; 78 FR 8431, Feb. 6, 2013]\n\n\n§ 25.275 Particulars of operation.\n (a) Radio station authorizations issued under this part will normally specify only the frequency bands\n authorized for transmission and/or reception of the station.\n\n (b) When authorized frequency bands are specified in the station authorization, the licensee is authorized to\n transmit any number of r.f. carriers on any discrete frequencies within an authorized frequency band in\n accordance with the other terms and conditions of the authorization and the requirements of this part.\n Specific r.f. carrier frequencies within the authorized frequency band shall be selected by the licensee to\n avoid unacceptable levels of interference being caused to other earth, space or terrestrial stations. Any\n coordination agreements, both domestic and international, concerning specific frequency usage\n constraints, including non-use of any particular frequencies within the frequency bands listed in the\n station authorization, are considered to be conditions of the station authorization.\n\n (c) A license for a transmitting earth station will normally specify only the r.f. carriers having the highest\n e.i.r.p. density, the narrowest bandwidth, and the largest bandwidth authorized for transmission from that\n station. Unless otherwise specified in the station authorization, the licensee is authorized to transmit any\n other type of carrier not specifically listed which does not exceed the highest e.i.r.p., e.i.r.p. density and\n bandwidth prescribed for any listed emission.\n\n (d) Only the most sensitive emission(s) for which protection is being afforded from interference in the\n authorized receive frequency band(s) will be specified in the station authorization.\n\n (e) Transmission from an earth station of an unmodulated carrier at a power level sufficient to saturate a\n satellite transponder is prohibited, except as consented to by the space station licensee to determine\n transponder performance characteristics.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 81 FR 55349, Aug. 18, 2016]\n\n\n§ 25.276 Points of communication.\nUnless otherwise specified in the station authorization, an earth station may transmit to any space station in the\nsame radio service that is listed as a point of communication in the earth station license, provided that permission\nhas been received from the space station operator to access that space station.\n\n[79 FR 8325, Feb. 12, 2014]\n\n\n§ 25.277 Temporary fixed earth station operations.\n (a) When an earth station in the Fixed-Satellite Service is to remain at a single location for fewer than 6\n months, the location may be considered to be temporary fixed. Services provided at a single location\n which are initially known to be of longer than six months' duration shall not be provided under a temporary\n fixed authorization.\n\n\n47 CFR 25.277(a) (enhanced display) page 159 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.277(b)\nSatellite Communications\n\n\n (b) When a station, other than an ESV, authorized as a temporary fixed earth station, is to remain at a single\n location for more than six months, application for a regular station authorization at that location shall be\n filed at least 30 days prior to the expiration of the six-month period.\n\n (c) The licensee of an earth station, other than an ESV, which is authorized to conduct temporary fixed\n operations in bands shared co-equally with terrestrial fixed stations shall provide the following\n information to the Director of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia,\n Maryland 21046, and to the licensees of all terrestrial facilities lying within the coordination contour of the\n proposed temporary fixed earth station site before beginning transmissions:\n\n (1) The name of the person operating the station and the telephone number at which the operator can\n be reached directly;\n\n (2) The exact frequency or frequencies used and the type of emissions and power levels to be\n transmitted; and\n\n (3) The commencement and anticipated termination dates of operation from each location.\n\n (d) Except as set forth in § 25.151(e), transmissions may not be commenced until all affected terrestrial\n licensees have been notified and the earth station operator has confirmed that unacceptable interference\n will not be caused to such terrestrial stations.\n\n (e) Operations of temporary fixed earth stations shall cease immediately upon notice of harmful interference\n from the Commission or the affected licensee.\n\n (f) Filing requirements concerning applications for new temporary fixed earth station facilities operating in\n frequency bands shared co-equally with terrestrial fixed stations.\n\n (1) When the initial location of the temporary fixed earth station's operation is known, the applicant shall\n provide, as part of the Form 312 application, a frequency coordination report in accordance with §\n 25.203 for the initial station location.\n\n (2) When the initial location of the temporary fixed earth station's operation is not known at the time the\n application is filed, the applicant shall provide, as part of the Form 312 application, a statement by\n the applicant acknowledging its coordination responsibilities under § 25.277.\n\n[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005]\n\n\n§ 25.278 Additional coordination obligation for non-geostationary and geostationary satellite\nsystems in frequencies allocated to the fixed-satellite service.\nLicensees of non-geostationary satellite systems that use frequency bands allocated to the Fixed-Satellite Service\nfor their feeder link operations shall coordinate their operations with licensees of geostationary Fixed-Satellite\nService systems licensed by the Commission for operation in the same frequency bands. Licensees of\ngeostationary Fixed-Satellite Service systems in the frequency bands that are licensed to non-geostationary satellite\nsystems for feeder link operations shall coordinate their operations with the licensees of such non-geostationary\nsatellite systems.\n\n[59 FR 53330, Oct. 21, 1994, as amended at 78 FR 8431, Feb. 6, 2013]\n\n\n\n\n47 CFR 25.278 (enhanced display) page 160 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.279\nSatellite Communications\n\n\n§ 25.279 Inter-satellite service.\n (a) Any satellite communicating with other space stations may use frequencies in the inter-satellite service as\n indicated in § 2.106 of this chapter. This does not preclude the use of other frequencies for such\n purposes as provided for in several service definitions, e.g., FSS. The technical details of the proposed\n inter-satellite link shall be provided in accordance with § 25.114(c).\n\n (b) Operating conditions. In order to ensure compatible operations with authorized users in the frequency\n bands to be utilized for operations in the inter-satellite service, these inter-satellite service systems must\n operate in accordance with the conditions specified in this section.\n\n (1) Coordination requirements with federal government users.\n\n (i) In frequency bands allocated for use by the inter-satellite service that are also authorized for\n use by agencies of the federal government, the federal use of frequencies in the inter-satellite\n service frequency bands is under the regulatory jurisdiction of the National\n Telecommunications and Information Administration (NTIA).\n\n (ii) The Commission will use its existing procedures to reach agreement with NTIA to achieve\n compatible operations between federal government users under the jurisdiction of NTIA and\n inter-satellite service systems through frequency assignment and coordination practice\n established by NTIA and the Interdepartment Radio Advisory Committee (IRAC). In order to\n facilitate such frequency assignment and coordination, applicants shall provide the\n Commission with sufficient information to evaluate electromagnetic compatibility with the\n federal government users of the spectrum, and any additional information requested by the\n Commission. As part of the coordination process, applicants shall show that they will not cause\n interference to authorized federal government users, based upon existing system information\n provided by the government. The frequency assignment and coordination of the satellite\n system shall be completed prior to grant of construction authorization.\n\n (2) Coordination among inter-satellite service systems. Applicants for authority to establish inter-\n satellite service are encouraged to coordinate their proposed frequency usage with existing\n permittees and licensees in the inter-satellite service whose facilities could be affected by the new\n proposal in terms of frequency interference or restricted system capacity. All affected applicants,\n permittees, and licensees, shall at the direction of the Commission, cooperate fully and make every\n reasonable effort to resolve technical problems and conflicts that may inhibit effective and efficient\n use of the radio spectrum; however, the permittee or licensee being coordinated with is not obligated\n to suggest changes or re-engineer an applicant's proposal in cases involving conflicts.\n\n[59 FR 53331, Oct. 21, 1994, as amended at 65 FR 59144, Oct. 4, 2000]\n\n\n§ 25.280 Inclined orbit operations.\n (a) Satellite operators may commence operation in inclined orbit mode without obtaining prior Commission\n authorization provided that the Commission is notified by letter within 30 days after the last north-south\n station keeping maneuver. The notification shall include:\n\n (1) The operator's name;\n\n (2) The date of commencement of inclined orbit operation;\n\n (3) The initial inclination;\n\n47 CFR 25.280(a)(3) (enhanced display) page 161 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.280(a)(4)\nSatellite Communications\n\n\n (4) The rate of change in inclination per year; and\n\n (5) The expected end-of-life of the satellite accounting for inclined orbit operation, and the maneuvers\n specified under § 25.283 of the Commission's rules.\n\n (b) Licensees operating in inclined-orbit are required to:\n\n (1) Periodically correct the satellite attitude to achieve a stationary spacecraft antenna pattern on the\n surface of the Earth and centered on the satellite's designated service area;\n\n (2) Control all electrical interference to adjacent satellites, as a result of operating in an inclined orbit, to\n levels not to exceed that which would be caused by the satellite operating without an inclined orbit;\n\n (3) Not claim protection in excess of the protection that would be received by the satellite network\n operating without an inclined orbit; and\n\n (4) Continue to maintain the space station at the authorized longitude orbital location in the\n geostationary satellite arc with the appropriate east-west station-keeping tolerance.\n\n[69 FR 54587, Sept. 9, 2004]\n\n\n§ 25.281 Transmitter identification requirements for video uplink transmissions.\n (a) Earth-to-space transmissions carrying video information with analog modulation must be identified\n through use of an Automatic Transmitter Identification System (ATIS) with an analog identifier or a direct\n sequence spread spectrum signal.\n\n (1) Use of an analog identifier must be in accordance with the following requirements:\n\n (i) The ATIS signal must be a separate subcarrier that is automatically activated whenever any\n radio frequency signal is transmitted.\n\n (ii) The ATIS message must continuously repeat.\n\n (iii) The ATIS subcarrier signal must be generated at a frequency of 7.1 MHz ±25 kHz and modulate\n the uplink radio frequency carrier at a level no less than −26 dB (referenced to the unmodulated\n carrier).\n\n (iv) ATIS subcarrier deviation must not exceed 25 kHz.\n\n (v) The ATIS message protocol must be International Morse Code keyed by a 1200 Hz ±800 Hz\n tone representing a mark and a message rate of 15 to 25 words per minute. The tone must\n frequency-modulate the subcarrier signal with the ATIS message.\n\n (vi) The ATIS message must include the FCC-assigned call sign of the transmitting earth station, a\n telephone number providing immediate access to personnel capable of resolving interference\n or coordination problems, and a unique serial number of ten or more digits programmed into\n the ATIS message in a permanent manner so that it cannot be readily changed by the operator\n on duty. Additional information may be included in the ATIS data stream provided the total ATIS\n message length does not exceed 30 seconds.\n\n (2) Use of a direct sequence spread spectrum ATIS signal must be in accordance with the requirements\n in paragraphs (b)(1) and (2) of this section.\n\n\n\n47 CFR 25.281(a)(2) (enhanced display) page 162 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.281(b)\nSatellite Communications\n\n\n (b) As of September 3, 2017, transmissions of fixed-frequency, digitally modulated video signals with a\n symbol rate of 128,000/s or more from a temporary-fixed earth station must be identified through use of\n an ATIS in accordance with the requirements that follow.\n\n (1) The ATIS message must be modulated onto a direct sequence spread spectrum signal in\n accordance with the DVB–CID standard, ETSI TS 103 129 V1.1.2 (2014–03) (incorporated by\n reference, see § 25.108).\n\n (2) The ATIS message must continuously repeat.\n\n\n Note 1 to paragraph (b): Paragraph (b) is waived for earth stations using modulators\n manufactured before August 1, 2017, that cannot be made compliant with the DVB–CID\n standard by a software upgrade.\n\n (c) ATIS equipment must be integrated into the uplink transmitter chain with a method that cannot easily be\n defeated.\n\n[79 FR 8325, Feb. 12, 2014; 81 FR 33601, May 31, 2016, as amended at 82 FR 40494, Aug. 25, 2017]\n\n\n§ 25.282 Orbit raising maneuvers.\nA space station authorized to operate in the geostationary satellite orbit under this part is also authorized to\ntransmit in connection with short-term, transitory maneuvers directly related to post-launch, orbit-raising maneuvers,\nprovided that the following conditions are met:\n\n (a) Authority is limited to those tracking, telemetry, and control frequencies in which the space station is\n authorized to operate once it reaches its assigned geostationary orbital location;\n\n (b) The space station operator will coordinate on an operator-to-operator basis with any potentially affected\n satellite networks.\n\n (c) The space station licensee is required to accept interference from any lawfully operating satellite network\n or radio communication system.\n\n[69 FR 54587, Sept. 9, 2004, as amended at 85 FR 52453, Aug. 25, 2020]\n\n\n§ 25.283 End-of-life disposal.\n (a) Geostationary orbit space stations. Unless otherwise explicitly specified in an authorization, a space\n station authorized to operate in the geostationary satellite orbit under this part shall be relocated, at the\n end of its useful life, barring catastrophic failure of satellite components, to an orbit with a perigee with an\n altitude of no less than:\n\n 36,021 km + (1000·CR·A/m)\n\n where CR is the solar radiation pressure coefficient of the spacecraft, and A/m is the Area to mass ratio, in\n square meters per kilogram, of the spacecraft.\n (b) A space station authorized to operate in the geostationary satellite orbit under this part may operate using\n its authorized tracking, telemetry and control frequencies, and outside of its assigned orbital location, for\n the purpose of removing the satellite from the geostationary satellite orbit at the end of its useful life,\n47 CFR 25.283(b) (enhanced display) page 163 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.283(c)\nSatellite Communications\n\n\n provided that the conditions of paragraph (a) of this section are met, and on the condition that the space\n station's tracking, telemetry and control transmissions are planned so as to avoid electrical interference to\n other space stations, and coordinated with any potentially affected satellite networks.\n\n (c) All space stations. Upon completion of any relocation authorized by paragraph (b) of this section, or any\n relocation at end-of-life specified in an authorization, or upon a spacecraft otherwise completing its\n authorized mission, a space station licensee shall ensure, unless prevented by technical failures beyond\n its control, that stored energy sources on board the satellite are discharged, by venting excess propellant,\n discharging batteries, relieving pressure vessels, or other appropriate measures.\n\n (d) The minimum perigee requirement of paragraph (a) of this section shall not apply to space stations\n launched prior to March 18, 2002.\n\n[69 FR 54588, Sept. 9, 2004, as amended at 78 FR 8431, Feb. 6, 2013; 81 FR 55349, Aug. 18, 2016]\n\n\n§ 25.284 [Reserved]\n§ 25.285 Operation of MSS and ATC transmitters or transceivers on board civil aircraft.\n (a) Operation of any of the following devices aboard civil aircraft is prohibited, unless the device is installed in\n a manner approved by the Federal Aviation Administration or is used by the pilot or with the pilot's\n consent:\n\n (1) Earth stations capable of transmitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite\n Service frequency bands;\n\n (2) ATC terminals capable of transmitting in the 1.5/1.6 GHz or 1.6/2.4 GHz MSS bands;\n\n (3) Earth stations used for non-voice, non-geostationary Mobile-Satellite Service communication that\n can emit radiation in the 108–137 MHz band.\n\n (b) No portable device of any type identified in paragraph (a) of this section (including transmitter or\n transceiver units installed in other devices that are themselves portable) may be sold or distributed to\n users unless it conspicuously bears the following warning: “This device must be turned off at all times\n while on board aircraft.” For purposes of this section, a device is portable if it is a “portable device” as\n defined in § 2.1093(b) of this chapter or is designed to be carried by hand.\n\n[79 FR 8325, Feb. 12, 2014]\n\n\n§ 25.286 Antenna painting and lighting.\nThe owner of an earth station antenna structure must comply with all applicable painting, marking, and/or lighting\nrequirements in part 17 of this chapter. In the event of default by the owner, the station licensee will be responsible\nfor ensuring that such requirements are met.\n\n[79 FR 8326, Feb. 12, 2014]\n\n\n\n\n47 CFR 25.286 (enhanced display) page 164 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.287\nSatellite Communications\n\n\n§ 25.287 Requirements pertaining to operation of mobile stations in the NVNG, 1.5/1.6 GHz, 1.6/\n2.4 GHz, and 2 GHz Mobile-Satellite Service bands.\n (a) Any mobile earth station (MES) operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands must\n have the following minimum set of capabilities to ensure compliance with Footnote 5.353A in 47 CFR\n 2.106 and the priority and real-time preemption requirements imposed by Footnote US315.\n\n (1) All MES transmissions must have a priority assigned to them that preserves the priority and\n preemptive access given to maritime distress and safety communications sharing the band.\n\n (2) Each MES with a requirement to handle maritime distress and safety data communications must be\n capable of either:\n\n (i) Recognizing message and call priority identification when transmitted from its associated Land\n Earth Station (LES), or\n\n (ii) Accepting message and call priority identification embedded in the message or call when\n transmitted from its associated LES and passing the identification to shipboard data message\n processing equipment.\n\n (3) Each MES must be assigned a unique terminal identification number that will be transmitted upon\n any attempt to gain access to a system.\n\n (4) After an MES has gained access to a system, the mobile terminal must be under control of an LES\n and must obtain all channel assignments from it.\n\n (5) All MESs that do not continuously monitor a separate signaling channel or signaling within the\n communications channel must monitor the signaling channel at the end of each transmission.\n\n (6) Each MES must automatically inhibit its transmissions if it is not correctly receiving separate\n signaling channel or signaling within the communications channel from its associated LES.\n\n (7) Each MES must automatically inhibit its transmissions on any or all channels upon receiving a\n channel-shut-off command on a signaling or communications channel it is receiving from its\n associated LES.\n\n (8) Each MES with a requirement to handle maritime distress and safety communications must have the\n capability within the station to automatically preempt lower precedence traffic.\n\n (b) Any LES for an MSS system operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands must have\n the following minimum set of capabilities to ensure compliance with Footnotes 5.353A and the priority\n and real-time preemption requirements imposed by Footnote US315. An LES fulfilling these requirements\n must not have any additional priority with respect to FSS stations operating with other systems.\n\n (1) LES transmissions to MESs must have a priority assigned to them that preserves the priority and\n preemptive access given to maritime distress and safety communications pursuant to paragraph (a)\n of this section.\n\n (2) The LES must recognize the priority of calls to and from MESs and make channel assignments\n taking into account the priority access that is given to maritime distress and safety communications.\n\n (3) The LES must be capable of receiving the MES identification number when transmitted and verifying\n that it is an authorized user of the system to prohibit unauthorized access.\n\n (4) The LES must be capable of transmitting channel assignment commands to the MESs.\n\n47 CFR 25.287(b)(4) (enhanced display) page 165 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.287(b)(5)\nSatellite Communications\n\n\n (5) The communications channels used between the LES and the MES shall have provision for signaling\n within the voice/data channel, for an MES that does not continuously monitor the LES signaling\n channel during a call.\n\n (6) The LES must transmit periodic control signals to MESs that do not continuously monitor the LES\n signaling channel.\n\n (7) The LES must automatically inhibit transmissions to an MES to which it is not transmitting in a\n signaling channel or signaling within the communications channel.\n\n (8) The LES must be capable of transmitting channel-shut-off commands to MESs on signaling or\n communications channels.\n\n (9) Each LES must be capable of interrupting, and if necessary, preempting ongoing routine traffic from\n an MES in order to complete a maritime distress, urgency or safety call to that MES.\n\n (10) Each LES must be capable of automatically turning off one or more of its associated channels in\n order to complete a maritime distress, urgency or safety call.\n\n (c) No person without an FCC license for such operation may transmit to a space station in the NVNG, 1.5/1.6\n GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite Service from anywhere in the United States except to receive\n service from the holder of a pertinent FCC blanket license or from another party with the permission of\n such a blanket licensee.\n\n[79 FR 8326, Feb. 12, 2014, as amended at 84 FR 53659, Oct. 8, 2019]\n\n\n§ 25.288 Obligation to remedy interference caused by NGSO MSS feeder downlinks in the\n6700–6875 MHz band.\nIf an NGSO MSS satellite transmitting in the 6700–6875 MHz band causes harmful interference to previously\nlicensed co-frequency Public Safety facilities, the satellite operator has an obligation to remedy the interference.\n\n[81 FR 55349, Aug. 18, 2016]\n\n\n§ 25.289 Protection of GSO networks by NGSO systems.\nUnless otherwise provided in this chapter, an NGSO system licensee must not cause unacceptable interference to,\nor claim protection from, a GSO FSS or GSO BSS network. An NGSO FSS licensee operating in compliance with the\napplicable equivalent power flux-density limits in Article 22, Section II of the ITU Radio Regulations (incorporated by\nreference, § 25.108) will be considered as having fulfilled this obligation with respect to any GSO network.\n\n[82 FR 59986, Dec. 18, 2017]\n\n\n§ 25.290 Responsibility of licensee for blanket-licensed earth station operation.\nThe holder of an FCC blanket earth station license is responsible for operation of any earth station under that\nlicense. Operators of satellite networks and systems must not transmit communications to or from such earth\nstations in the United States unless such communications are authorized under a service contract with the holder of\na pertinent FCC blanket earth station license or under a service contract with another party with authority for such\noperation delegated by such a blanket licensee.\n\n\n\n47 CFR 25.290 (enhanced display) page 166 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.301\nSatellite Communications\n\n\n[84 FR 53659, Oct. 8, 2019]\n\n\nSubpart E—Miscellaneous\n§ 25.301 Satellite Emergency Notification Devices (SENDs).\nNo device described by the marketer or seller using the terms “SEND” or “Satellite Emergency Notification Device”\nmay be marketed or sold in the United States unless it complies with the requirements of RTCM 12800.0\n(incorporated by reference, see § 25.108).\n\n[88 FR 21442, Apr. 10, 2023]\n\n\nSubpart F—Competitive Bidding Procedures for DARS\n\nSource: 62 FR 11106, Mar. 11, 1997, unless otherwise noted.\n\n\n\n§ 25.401 Satellite DARS applications subject to competitive bidding.\nMutually exclusive initial applications for DARS service licenses are subject to competitive bidding. The general\ncompetitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in\nthis part.\n\n[67 FR 45373, July 9, 2002]\n\n\n§ 25.402 [Reserved]\n§ 25.403 Bidding application and certification procedures.\nSubmission of Supplemental Application Information. In order to be eligible to bid, each pending applicant must\ntimely submit certain supplemental information. All supplemental information shall be filed by the applicant five\ndays after publication of these rules in the FEDERAL REGISTER. The supplemental information must be certified and\ninclude the following:\n\n (a) Applicant's name;\n\n (b) Mailing Address (no Post Office boxes);\n\n (c) City;\n\n (d) State;\n\n (e) ZIP Code;\n\n (f) Auction Number 15;\n\n (g) FCC Account Number;\n\n (h) Person(s) authorized to make or withdraw a bid (list up to three individuals);\n\n (i) Certifications and name and title of person certifying the information provided;\n\n (j) Applicant's contact person and such person's telephone number, E-mail address and FAX number; and\n\n\n47 CFR 25.403(j) (enhanced display) page 167 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.403(k)\nSatellite Communications\n\n\n (k) Signature and date.\n\n§ 25.404 Submission of down payment and filing of long-form applications.\nA high bidder that meets its down payment obligations in a timely manner must, within thirty (30) business days\nafter being notified that it is a high bidder, submit an amendment to its pending application to provide the\ninformation required by § 25.144.\n\n[67 FR 45373, July 9, 2002]\n\n\n§§ 25.405-25.406 [Reserved]\n\nSubparts G–H [Reserved]\n\nSubpart I—Equal Employment Opportunities\n§ 25.601 Equal employment opportunities.\nNotwithstanding other EEO provisions within these rules, an entity that uses an owned or leased Fixed-Satellite\nService or Direct Broadcast Satellite Service or 17/24 GHz Broadcasting-Satellite Service facility (operating under\nthis part) to provide video programming directly to the public on a subscription basis must comply with the equal\nemployment opportunity requirements set forth in part 76, subpart E, of this chapter, if such entity exercises control\n(as defined in part 76, subpart E, of this chapter) over the video programming it distributes. Notwithstanding other\nEEO provisions within these rules, a licensee or permittee of a direct broadcast satellite station operating as a\nbroadcaster, and a licensee or permittee in the satellite DARS service, must comply with the equal employment\nopportunity requirements set forth in 47 CFR part 73.\n\n[72 FR 50033, Aug. 29, 2007, as amended at 78 FR 8431, Feb. 6, 2013; 81 FR 10122, Feb. 29, 2016]\n\n\nSubpart J—Public Interest Obligations\n§ 25.701 Other DBS Public interest obligations.\n (a) DBS providers are subject to the public interest obligations set forth in paragraphs (b), (c), (d), (e) and (f)\n of this section. As used in this section, DBS providers are any of the following:\n\n (1) Entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; or\n\n (2) Entities licensed to operate satellites in the Ku band Fixed-Satellite Service and that sell or lease\n capacity to a video programming distributor that offers service directly to consumers providing a\n sufficient number of channels so that four percent of the total applicable programming channels\n yields a set aside of at least one channel of non commercial programming pursuant to paragraph (e)\n of this section, or\n\n (3) Non U.S. licensed satellite operators in the Ku band that offer video programming directly to\n consumers in the United States pursuant to an earth station license issued under part 25 of this title\n and that offer a sufficient number of channels to consumers so that four percent of the total\n applicable programming channels yields a set aside of one channel of noncommercial programming\n pursuant to paragraph (e) of this section, or\n\n\n\n47 CFR 25.701(a)(3) (enhanced display) page 168 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(a)(4)\nSatellite Communications\n\n\n (4) Entities licensed to operate satellites in the 17/24 GHz BSS that offer video programming directly to\n consumers or that sell or lease capacity to a video programming distributor that offers service\n directly to consumers providing a sufficient number of channels so that four percent of the total\n applicable programming channels yields a set aside of at least one channel of noncommercial\n programming pursuant to paragraph (e) of this section, or\n\n (5) Non U.S. licensed satellite operators in the 17/24 GHz BSS that offer video programming directly to\n consumers in the United States or that sell or lease capacity to a video programming distributor that\n offers service directly to consumers in the United States pursuant to an earth station license issued\n under part 25 of this title and that offer a sufficient number of channels to consumers so that four\n percent of the total applicable programming channels yields a set aside of one channel of\n noncommercial programming pursuant to paragraph (e) of this section.\n\n (b) Political broadcasting requirements—\n\n (1) Legally qualified candidates for public office for purposes of this section are as defined in § 73.1940\n of this chapter.\n\n (2) DBS origination programming is defined as programming (exclusive of broadcast signals) carried on\n a DBS facility over one or more channels and subject to the exclusive control of the DBS provider.\n\n (3) Reasonable access.\n\n (i) DBS providers must comply with section 312(a)(7) of the Communications Act of 1934, as\n amended, by allowing reasonable access to, or permitting purchase of reasonable amounts of\n time for, the use of their facilities by a legally qualified candidate for federal elective office on\n behalf of his or her candidacy.\n\n (ii) Weekend access. For purposes of providing reasonable access, DBS providers shall make\n facilities available for use by federal candidates on the weekend before the election if the DBS\n provider has provided similar access to commercial advertisers during the year preceding the\n relevant election period. DBS providers shall not discriminate between candidates with regard\n to weekend access.\n\n (4) Use of facilities; equal opportunities. DBS providers must comply with section 315 of the\n Communications Act of 1934, as amended, by providing equal opportunities to legally qualified\n candidates for DBS origination programming.\n\n (i) General requirements. Except as otherwise indicated in § 25.701(b)(3), no DBS provider is\n required to permit the use of its facilities by any legally qualified candidate for public office, but\n if a DBS provider shall permit any such candidate to use its facilities, it shall afford equal\n opportunities to all other candidates for that office to use such facilities. Such DBS provider\n shall have no power of censorship over the material broadcast by any such candidate.\n Appearance by a legally qualified candidate on any:\n\n (A) Bona fide newscast;\n\n (B) Bona fide news interview;\n\n (C) Bona fide news documentary (if the appearance of the candidate is incidental to the\n presentation of the subject or subjects covered by the news documentary); or\n\n\n\n\n47 CFR 25.701(b)(4)(i)(C) (enhanced display) page 169 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(b)(4)(i)(D)\nSatellite Communications\n\n\n (D) On the spot coverage of bona fide news events (including, but not limited to political\n conventions and activities incidental thereto) shall not be deemed to be use of a DBS\n provider's facility. (Section 315(a) of the Communications Act.)\n\n (ii) Uses. As used in this section and § 25.701(c), the term “use” means a candidate appearance\n (including by voice or picture) that is not exempt under paragraphs (b)(3)(i)(A) through\n (b)(3)(i)(D) of this section.\n\n (iii) Timing of request. A request for equal opportunities must be submitted to the DBS provider\n within 1 week of the day on which the first prior use giving rise to the right of equal\n opportunities occurred: Provided, however, That where the person was not a candidate at the\n time of such first prior use, he or she shall submit his or her request within 1 week of the first\n subsequent use after he or she has become a legally qualified candidate for the office in\n question.\n\n (iv) Burden of proof. A candidate requesting equal opportunities of the DBS provider or complaining\n of noncompliance to the Commission shall have the burden of proving that he or she and his or\n her opponent are legally qualified candidates for the same public office.\n\n (v) Discrimination between candidates. In making time available to candidates for public office, no\n DBS provider shall make any discrimination between candidates in practices, regulations,\n facilities, or services for or in connection with the service rendered pursuant to this part, or\n make or give any preference to any candidate for public office or subject any such candidate to\n any prejudice or disadvantage; nor shall any DBS provider make any contract or other\n agreement that shall have the effect of permitting any legally qualified candidate for any public\n office to use DBS origination programming to the exclusion of other legally qualified candidates\n for the same public office.\n\n (c) Candidate rates —\n\n (1) Charges for use of DBS facilities. The charges, if any, made for the use of any DBS facility by any\n person who is a legally qualified candidate for any public office in connection with his or her\n campaign for nomination for election, or election, to such office shall not exceed:\n\n (i) During the 45 days preceding the date of a primary or primary runoff election and during the 60\n days preceding the date of a general or special election in which such person is a candidate,\n the lowest unit charge of the DBS provider for the same class and amount of time for the same\n period.\n\n (A) A candidate shall be charged no more per unit than the DBS provider charges its most\n favored commercial advertisers for the same classes and amounts of time for the same\n periods. Any facility practices offered to commercial advertisers that enhance the value of\n advertising spots must be disclosed and made available to candidates upon equal terms.\n Such practices include but are not limited to any discount privileges that affect the value\n of advertising, such as bonus spots, time sensitive make goods, preemption priorities, or\n any other factors that enhance the value of the announcement.\n\n (B) The Commission recognizes non preemptible, preemptible with notice, immediately\n preemptible and run of schedule as distinct classes of time.\n\n\n\n\n47 CFR 25.701(c)(1)(i)(B) (enhanced display) page 170 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(c)(1)(i)(C)\nSatellite Communications\n\n\n (C) DBS providers may establish and define their own reasonable classes of immediately\n preemptible time so long as the differences between such classes are based on one or\n more demonstrable benefits associated with each class and are not based solely upon\n price or identity of the advertiser. Such demonstrable benefits include, but are not limited\n to, varying levels of preemption protection, scheduling flexibility, or associated privileges,\n such as guaranteed time sensitive make goods. DBS providers may not use class\n distinctions to defeat the purpose of the lowest unit charge requirement. All classes must\n be fully disclosed and made available to candidates.\n\n (D) DBS providers may establish reasonable classes of preemptible with notice time so long\n as they clearly define all such classes, fully disclose them and make them available to\n candidates.\n\n (E) DBS providers may treat non preemptible and fixed position as distinct classes of time\n provided that they articulate clearly the differences between such classes, fully disclose\n them, and make them available to candidates.\n\n (F) DBS providers shall not establish a separate, premium priced class of time sold only to\n candidates. DBS providers may sell higher priced non preemptible or fixed time to\n candidates if such a class of time is made available on a bona fide basis to both\n candidates and commercial advertisers, and provided such class is not functionally\n equivalent to any lower priced class of time sold to commercial advertisers.\n\n (G) [Reserved]\n\n (H) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold\n on a weekly basis, such as rotations through particular programs or dayparts. DBS\n providers electing to calculate the lowest unit charge by such a method must include in\n that calculation all rates for all announcements scheduled in the rotation, including\n announcements aired under long term advertising contracts. DBS providers may\n implement rate increases during election periods only to the extent that such increases\n constitute “ordinary business practices,” such as seasonal program changes or changes in\n audience ratings.\n\n (I) DBS providers shall review their advertising records periodically throughout the election\n period to determine whether compliance with this section requires that candidates receive\n rebates or credits. Where necessary, DBS providers shall issue such rebates or credits\n promptly.\n\n (J) Unit rates charged as part of any package, whether individually negotiated or generally\n available to all advertisers, must be included in the lowest unit charge calculation for the\n same class and length of time in the same time period. A candidate cannot be required to\n purchase advertising in every program or daypart in a package as a condition for obtaining\n package unit rates.\n\n (K) DBS providers are not required to include non cash promotional merchandising incentives\n in lowest unit charge calculations; provided, however, that all such incentives must be\n offered to candidates as part of any purchases permitted by the system. Bonus spots,\n however, must be included in the calculation of the lowest unit charge calculation.\n\n\n\n\n47 CFR 25.701(c)(1)(i)(K) (enhanced display) page 171 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(c)(1)(i)(L)\nSatellite Communications\n\n\n (L) Make goods, defined as the rescheduling of preempted advertising, shall be provided to\n candidates prior to election day if a DBS provider has provided a time sensitive make good\n during the year preceding the pre election periods, respectively set forth in paragraph\n (c)(1)(i) of this section, to any commercial advertiser who purchased time in the same\n class.\n\n (M) DBS providers must disclose and make available to candidates any make good policies\n provided to commercial advertisers. If a DBS provider places a make good for any\n commercial advertiser or other candidate in a more valuable program or daypart, the value\n of such make good must be included in the calculation of the lowest unit charge for that\n program or daypart.\n\n (ii) At any time other than the respective periods set forth in paragraph (c)(1)(i) of this section, DBS\n providers may charge legally qualified candidates for public office no more than the charges\n made for comparable use of the facility by commercial advertisers. The rates, if any, charged all\n such candidates for the same office shall be uniform and shall not be rebated by any means,\n direct or indirect. A candidate shall be charged no more than the rate the DBS provider would\n charge for comparable commercial advertising. All discount privileges otherwise offered by a\n DBS provider to commercial advertisers must be disclosed and made available upon equal\n terms to all candidates for public office.\n\n (2) If a DBS provider permits a candidate to use its facilities, it shall make all discount privileges offered\n to commercial advertisers, including the lowest unit charges for each class and length of time in the\n same time period and all corresponding discount privileges, available on equal terms to all\n candidates. This duty includes an affirmative duty to disclose to candidates information about rates,\n terms, conditions and all value enhancing discount privileges offered to commercial advertisers, as\n provided herein. DBS providers may use reasonable discretion in making the disclosure; provided,\n however, that the disclosure includes, at a minimum, the following information:\n\n (i) A description and definition of each class of time available to commercial advertisers\n sufficiently complete enough to allow candidates to identify and understand what specific\n attributes differentiate each class;\n\n (ii) A description of the lowest unit charge and related privileges (such as priorities against\n preemption and make goods prior to specific deadlines) for each class of time offered to\n commercial advertisers;\n\n (iii) A description of the DBS provider's method of selling preemptible time based upon advertiser\n demand, commonly known as the “current selling level,” with the stipulation that candidates will\n be able to purchase at these demand generated rates in the same manner as commercial\n advertisers;\n\n (iv) An approximation of the likelihood of preemption for each kind of preemptible time; and\n\n (v) An explanation of the DBS provider's sales practices, if any, that are based on audience delivery,\n with the stipulation that candidates will be able to purchase this kind of time, if available to\n commercial advertisers.\n\n (3) Once disclosure is made, DBS providers shall negotiate in good faith to actually sell time to\n candidates in accordance with the disclosure.\n\n (d) Political file.\n\n47 CFR 25.701(d) (enhanced display) page 172 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(d)(1)\nSatellite Communications\n\n\n (1) Each DBS operator engaged in origination programming shall maintain, and make available for public\n inspection, a complete record of a request to purchase adverting time that:\n\n (i) Is made by or on behalf of a legally qualified candidate for public office; or\n\n (ii) Communicates a message relating to any political matter of national importance, including:\n\n (A) A legally qualified candidate;\n\n (B) Any election to Federal office; or\n\n (C) A national legislative issue of public importance.\n\n (2) A record maintained under this paragraph shall contain information regarding:\n\n (i) Whether the request to purchase advertising time is accepted or rejected by the DBS operator;\n\n (ii) The rate charged for the advertising time;\n\n (iii) The date and time on which the communication is aired;\n\n (iv) The class of time that is purchased;\n\n (v) The name of the candidate to which the communication refers and the office to which the\n candidate is seeking election, the election to which the communication refers, or the issue to\n which the communication refers (as applicable);\n\n (vi) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the\n authorized committee of the candidate, and the treasurer of such committee; and\n\n (vii) In the case of any other request, the name of the person purchasing the time, the name,\n address, and phone number of a contact person for such person, and a list of the chief\n executive officers or members of the executive committee or of the board of directors of such\n person.\n\n (3) When free time is provided for use by or on behalf of candidates, a record of the free time provided\n shall be placed in the political file.\n\n (4) All records required by this paragraph shall be placed in the online public file hosted by the\n Commission as soon as possible and shall be retained for a period of two years. As soon as\n possible means immediately absent unusual circumstances.\n\n (e) Commercial limits in children's programs.\n\n (1) No DBS provider shall air more than 10.5 minutes of commercial matter per hour during children's\n programming on weekends, or more that 12 minutes of commercial matter per hour on week days.\n\n (2) This rule shall not apply to programs aired on a broadcast television channel which the DBS provider\n passively carries, or to channels over which the DBS provider may not exercise editorial control,\n pursuant to 47 U.S.C. 335(b)(3).\n\n (3) DBS providers airing children's programming must maintain in the online file hosted by the\n Commission records sufficient to verify compliance with this rule. Such records must be maintained\n for a period sufficient to cover the limitations period specified in 47 U.S.C. 503(b)(6)(B).\n\n\n Note 1 to paragraph (e): Commercial matter means airtime sold for purposes of selling a\n\n47 CFR 25.701(e)(3) (enhanced display) page 173 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(f)\nSatellite Communications\n\n\n\n product or service.\n\n\n Note 2 to paragraph (e): For purposes of this section, children's programming refers to\n programs originally produced and broadcast primarily for an audience of children 12 years old\n and younger.\n\n (f) Carriage obligation for noncommercial programming—\n\n (1) Reservation requirement. DBS providers shall reserve four percent of their channel capacity\n exclusively for use by qualified programmers for noncommercial programming of an educational or\n informational nature. Channel capacity shall be determined annually by calculating, based on\n measurements taken on a quarterly basis, the average number of channels available for video\n programming on all satellites licensed to the provider during the previous year. DBS providers may\n use this reserved capacity for any purpose until such time as it is used for noncommercial\n educational or informational programming.\n\n (2) Qualified programmer. For purposes of these rules, a qualified programmer is:\n\n (i) A noncommercial educational broadcast station as defined in section 397(6) of the\n Communications Act of 1934, as amended,\n\n (ii) A public telecommunications entity as defined in section 397(12) of the Communications Act of\n 1934, as amended,\n\n (iii) An accredited nonprofit educational institution or a governmental organization engaged in the\n formal education of enrolled students (A publicly supported educational institution must be\n accredited by the appropriate state department of education; a privately controlled educational\n institution must be accredited by the appropriate state department of education or the\n recognized regional and national accrediting organizations), or\n\n (iv) A nonprofit organization whose purposes are educational and include providing educational and\n instructional television material to such accredited institutions and governmental\n organizations.\n\n (v) Other noncommercial entities with an educational mission.\n\n (3) Editorial control.\n\n (i) A DBS operator will be required to make capacity available only to qualified programmers and\n may select among such programmers when demand exceeds the capacity of their reserved\n channels.\n\n (ii) A DBS operator may not require the programmers it selects to include particular programming\n on its channels.\n\n (iii) A DBS operator may not alter or censor the content of the programming provided by the\n qualified programmer using the channels reserved pursuant to this section.\n\n\n\n\n47 CFR 25.701(f)(3)(iii) (enhanced display) page 174 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(f)(4)\nSatellite Communications\n\n\n (4) Non-commercial channel limitation. A DBS operator cannot initially select a qualified programmer to\n fill more than one of its reserved channels except that, after all qualified entities that have sought\n access have been offered access on at least one channel, a provider may allocate additional\n channels to qualified programmers without having to make additional efforts to secure other\n qualified programmers.\n\n (5) Rates, terms and conditions.\n\n (i) In making the required reserved capacity available, DBS providers cannot charge rates that\n exceed costs that are directly related to making the capacity available to qualified\n programmers. Direct costs include only the cost of transmitting the signal to the uplink facility\n and uplinking the signal to the satellite.\n\n (ii) Rates for capacity reserved under paragraph (a) of this section shall not exceed 50 percent of\n the direct costs as defined in this section.\n\n (iii) Nothing in this section shall be construed to prohibit DBS providers from negotiating rates with\n qualified programmers that are less than 50 percent of direct costs or from paying qualified\n programmers for the use of their programming.\n\n (iv) DBS providers shall reserve discrete channels and offer these to qualifying programmers at\n consistent times to fulfill the reservation requirement described in these rules.\n\n (6) Public file.\n\n (i) In addition to the political file requirements in § 25.701, each DBS provider shall maintain in the\n online file hosted by the Commission a complete and orderly record of:\n\n (A) Quarterly measurements of channel capacity and yearly average calculations on which it\n bases its four percent reservation, as well as its response to any capacity changes;\n\n (B) A record of entities to whom noncommercial capacity is being provided, the amount of\n capacity being provided to each entity, the conditions under which it is being provided and\n the rates, if any, being paid by the entity;\n\n (C) A record of entities that have requested capacity, disposition of those requests and\n reasons for the disposition.\n\n (D) Each satellite carrier shall, no later than July 31, 2020, provide an up-to-date email address\n for carriage election notice submissions and an up-to-date phone number for carriage-\n related questions. Each satellite carrier is responsible for the continuing accuracy and\n completeness of the information furnished. It must respond to questions from\n broadcasters as soon as is reasonably possible.\n\n (ii) All records required by paragraph (i) of this paragraph shall be placed in the online file hosted by\n the Commission as soon as possible and shall be retained for a period of two years.\n\n (iii) Each DBS provider must also place in the online file hosted by the Commission the records\n required to be placed in the public inspection file by § 25.701(e) (commercial limits in children's\n programs) and by § 25.601 and 47 CFR part 76, subpart E (equal employment opportunity\n requirements) and retain those records for the period required by those rules.\n\n\n\n\n47 CFR 25.701(f)(6)(iii) (enhanced display) page 175 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.701(f)(6)(iv)\nSatellite Communications\n\n\n (iv) Each DBS provider must provide a link to the online public inspection file hosted on the\n Commission's Web site from the home page of its own Web site, if the provider has a Web site,\n and provide on its Web site contact information for a representative who can assist any person\n with disabilities with issues related to the content of the public files. Each DBS provider also\n must include in the online public file hosted by the Commission the address of the provider's\n local public file, if the provider retains documents in the local public file that are not available in\n the Commission's online file, and the name, phone number, and email address of the provider's\n designated contact for questions about the public file.\n\n (7) Effective date. DBS providers are required to make channel capacity available pursuant to this\n section upon the effective date. Programming provided pursuant to this rule must be available to the\n public no later than six months after the effective date.\n\n[69 FR 23157, Apr. 28, 2004, as amended at 72 FR 50033, Aug. 29, 2007; 78 FR 8431, Feb. 6, 2013; 81 FR 10122, Feb. 29, 2016; 84\nFR 45668, Aug. 30, 2019; 87 FR 7754, Feb. 10, 2022]\n\n\n§ 25.702 Other SDARS Public interest obligations.\n (a) Political broadcasting requirements. The following political broadcasting rules shall apply to all SDARS\n licensees: 47 CFR 73.1940 (Legally qualified candidates for public office), 73.1941 (Equal opportunities),\n 73.1942 (Candidate rates), and 73.1944 (Reasonable access).\n\n (b) Political file.\n\n (1) Each SDARS licensee engaged in origination programming shall maintain, and make available for\n public inspection, a complete record of a request to purchase broadcast time that:\n\n (i) Is made by or on behalf of a legally qualified candidate for public office; or\n\n (ii) Communicates a message relating to any political matter of national importance, including:\n\n (A) A legally qualified candidate;\n\n (B) Any election to Federal office; or\n\n (C) A national legislative issue of public importance.\n\n (2) A record maintained under this paragraph shall contain information regarding:\n\n (i) Whether the request to purchase broadcast time is accepted or rejected by the licensee;\n\n (ii) The rate charged for the broadcast time;\n\n (iii) The date and time on which the communication is aired;\n\n (iv) The class of time that is purchased;\n\n (v) The name of the candidate to which the communication refers and the office to which the\n candidate is seeking election, the election to which the communication refers, or the issue to\n which the communication refers (as applicable);\n\n (vi) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the\n authorized committee of the candidate, and the treasurer of such committee; and\n\n\n\n\n47 CFR 25.702(b)(2)(vi) (enhanced display) page 176 of 177\n\f47 CFR Part 25 (up to date as of 2/20/2024)\n 47 CFR 25.702(b)(2)(vii)\nSatellite Communications\n\n\n (vii) n the case of any other request, the name of the person purchasing the time, the name, address,\n and phone number of a contact person for such person, and a list of the chief executive officers\n or members of the executive committee or of the board of directors of such person.\n\n (3) When free time is provided for use by or on behalf of candidates, a record of the free time provided\n shall be placed in the political file.\n\n (4) All records required by this paragraph shall be placed in the online public file hosted by the\n Commission as soon as possible and shall be retained for a period of two years. As soon as\n possible means immediately absent unusual circumstances.\n\n (c) Public inspection file.\n\n (1) Each SDARS applicant or licensee must also place in the online public file hosted by the Commission\n the records required to be placed in the public inspection file by 47 CFR 25.601 and 73.2080 (equal\n employment opportunities (EEO)) and retain those records for the period required by those rules.\n\n (2) Each SDARS licensee must provide a link to the public inspection file hosted on the Commission's\n Web site from the home page of its own Web site, if the licensee has a Web site, and provide on its\n Web site contact information for a representative who can assist any person with disabilities with\n issues related to the content of the public files. Each SDARS licensee also must include in the online\n public file the address of the licensee's local public file, if the licensee retains documents in the local\n public file that are not available in the Commission's online file, and the name, phone number, and\n email address of the licensee's designated contact for questions about the public file.\n\n[81 FR 10122, Feb. 29, 2016, as amended at 87 FR 7754, Feb. 10, 2022]\n\n\n\n\n47 CFR 25.702(c)(2) (enhanced display) page 177 of 177\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":21,"cells":{"Content":{"kind":"string","value":"47 CFR Part 19 Subpart A (up to date as of 2/20/2024)\n 47 CFR Part 19 Subpart A (Feb. 20, 2024)\nGeneral Provisions\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\nPart 19 —Employee Responsibilities and Conduct\n Authority: 5 U.S.C. 7301; 47 U.S.C. 154 (b), (i), (j), and 303(r).\n Source: 61 FR 56112, Oct. 31, 1996, unless otherwise noted.\n\n\nSubpart A General Provisions\n § 19.735-101 Purpose.\n § 19.735-102 Cross-reference to ethics and other conduct related regulations.\n § 19.735-103 Definitions.\n § 19.735-104 Delegations.\n § 19.735-105 Availability of ethics and other conduct related regulations and statutes.\n § 19.735-106 Interpretation and advisory service.\n § 19.735-107 Disciplinary and other remedial action.\n\n\nSubpart A—General Provisions\n§ 19.735-101 Purpose.\nThe regulations in this part prescribe procedures and standards of conduct that are appropriate to the particular\nfunctions and activities of the Commission, and are issued by the Commission under authority independent of the\nuniform Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 or otherwise in\naccordance with 5 CFR 2635.105(c).\n\n§ 19.735-102 Cross-reference to ethics and other conduct related regulations.\nIn addition to the rules in this part, employees of the Federal Communications Commission (Commission) are\nsubject to the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 and the\nCommission's regulations at 5 CFR part 3901 which supplement the executive branch-wide standards, the executive\nbranch financial disclosure regulations at 5 CFR part 2634 and the Commission's regulations at 5 CFR part 3902\nwhich supplement the executive branch-wide financial disclosure regulations, and the employee responsibilities and\nconduct regulations at 5 CFR part 735.\n\n§ 19.735-103 Definitions.\n Commission means the Federal Communications Commission.\n\n Communications Act means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.\n\n Employee means an officer or employee of the Commission including special Government employees within the\n meaning of 18 U.S.C. 202(a) and the Commissioners.\n\n Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint\n stock company, or any other organization or institution.\n\n47 CFR 19.735-103 “Person” (enhanced display) page 1 of 5\n\f47 CFR Part 19 Subpart A (up to date as of 2/20/2024)\n 47 CFR 19.735-104\nGeneral Provisions\n\n\n§ 19.735-104 Delegations.\n (a) The Commission has delegated to the Chairperson responsibility for the detection and prevention of acts,\n short of criminal violations, which could bring discredit upon the Commission and the Federal service.\n\n (b) Approvals under 18 U.S.C. 205(e).\n\n (1) Commissioners may approve the representational activities permitted by 18 U.S.C. 205(e) by other\n employees in their immediate offices. The Designated Agency Ethics Official has delegated authority\n to grant such approvals for all other employees except Commissioners.\n\n (2)\n\n (i) Requests for approval of the activities permitted by 18 U.S.C. 205(e) shall be in writing and\n submitted as follows:\n\n (A) In the case of employees in the immediate offices of a Commissioner, to the\n Commissioner;\n\n (B) In the case of Heads of Offices and Bureaus, to the Chairperson; and\n\n (C) In the case of all other employees except Commissioners, to the Head of the Office or\n Bureau to which the employee is assigned.\n\n (ii) An official (other than the Chairperson or another Commissioner) to whom a request for\n approval under 18 U.S.C. 205(e) is submitted shall forward it to the Designated Agency Ethics\n Official with the official's recommendation as to whether the request should be granted.\n\n (3) Copies of all requests for approval under 18 U.S.C. 205(e) and the action taken thereon shall be\n maintained by the Designated Agency Ethics Official.\n\n (c) Waivers under 18 U.S.C. 208.\n\n (1) Commissioners may waive the applicability of 18 U.S.C. 208(a), in accordance with 18 U.S.C.\n 208(b)(1) or 208(b)(3) and section 301(d) of Executive Order 12731, for other employees in their\n immediate offices. The Designated Agency Ethics Official has delegated authority to make such\n waiver determinations for all other employees except Commissioners.\n\n (2)\n\n (i) Requests for waiver of the applicability of 18 U.S.C. 208(a) shall be in writing and submitted as\n follows:\n\n (A) In the case of employees in the immediate offices of a Commissioner, to the\n Commissioner;\n\n (B) In the case of Heads of Offices and Bureaus, to the Chairperson; and\n\n (C) In the case of all other employees except Commissioners, to the Head of the Office or\n Bureau to which the employee is assigned.\n\n (ii) An official (other than the Chairperson or another Commissioner) to whom a waiver request is\n submitted shall forward it to the Designated Agency Ethics Official with the official's\n recommendation as to whether the waiver should be granted.\n\n (3) Copies of all requests for waivers and the action taken thereon shall be maintained by the\n Designated Agency Ethics Official.\n47 CFR 19.735-104(c)(3) (enhanced display) page 2 of 5\n\f47 CFR Part 19 Subpart A (up to date as of 2/20/2024)\n 47 CFR 19.735-105\nGeneral Provisions\n\n\n[61 FR 56112, Oct. 31, 1996, as amended at 88 FR 21438, Apr. 10, 2023]\n\n\n§ 19.735-105 Availability of ethics and other conduct related regulations and statutes.\n (a)\n\n (1) The Commission shall furnish each new employee, at the time of his or her entrance on duty, with a\n copy of:\n\n (i) The Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR part 2635);\n\n (ii) The Supplemental Standards of Ethical Conduct for Employees of the Federal Communications\n Commission (5 CFR part 3901); and\n\n (iii) The Commission's Employee Responsibilities and Conduct regulations in this part.\n\n (2) The Head of each Office and Bureau has the responsibility to secure from every person subject to his\n or her administrative supervision a statement indicating that the individual has read and is familiar\n with the contents of the regulations in this part, and the regulations at 5 CFR parts 2635 and 3901,\n and to advise the Designated Agency Ethics Official that all such persons have provided such\n statements. Each new employee shall execute a similar statement at the time of entrance on duty.\n Periodically, and at least once a year, the Designated Agency Ethics Official shall take appropriate\n action to ensure that the Head of each Office and Bureau shall remind employees subject to his or\n her administrative supervision of the content of the regulations in 5 CFR parts 2635 and 3901 and\n this part.\n\n (b) Copies of pertinent provisions of the Communications Act of 1934; title 18 of the United States Code; the\n Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR part 2635); the Commission's\n Supplemental Standards of Ethical Conduct (5 CFR part 3901); and the Commission's employee\n responsibilities and conduct regulations in this part shall be available in the office of the Designated\n Agency Ethics Official for review by employees.\n\n§ 19.735-106 Interpretation and advisory service.\n (a) Requests for interpretative rulings concerning the applicability of 5 CFR parts 2635 and 3901, and this\n part, may be submitted through the employee's supervisor to the General Counsel, who is the\n Commission's Designated Agency Ethics Official pursuant to the delegation of authority at 47 CFR\n 0.251(a).\n\n (b) At the time of an employee's entrance on duty and at least once each calendar year thereafter, the\n Commission's employees shall be notified of the availability of counseling services on questions of\n conflict of interest and other matters covered by this part, and of how and where these services are\n available.\n\n§ 19.735-107 Disciplinary and other remedial action.\n (a) A violation of the regulations in this part by an employee may be cause for appropriate disciplinary action\n which may be in addition to any penalty prescribed by law.\n\n (b) The Chairperson will designate an officer or employee of the Commission who will promptly investigate all\n incidents or situations in which it appears that employees may have engaged in improper conduct. Such\n investigation will be initiated in all cases where complaints are brought to the attention of the\n\n\n\n47 CFR 19.735-107(b) (enhanced display) page 3 of 5\n\f47 CFR Part 19 Subpart A (up to date as of 2/20/2024)\n 47 CFR 19.735-107(c)\nGeneral Provisions\n\n\n Chairperson, including: Adverse comment appearing in publications; complaints from members of\n Congress, private citizens, organizations, other government employees or agencies; and formal\n complaints referred to the Chairperson by the Designated Agency Ethics Official.\n\n (c) The Inspector General will be promptly notified of all complaints or allegations of employee misconduct.\n The Inspector General will also be notified of the planned initiation of an investigation under this part.\n Such notification shall occur prior to the initiation of the investigation required by paragraph (a) of this\n section. The Inspector General may choose to conduct the investigation in accordance with the rules in\n this part. Should the Inspector General choose to conduct the investigation, he will promptly notify the\n Chairperson. In such case, the Inspector General will serve as the designated officer and be solely\n responsible for the investigation. In carrying out this function, the Inspector General may obtain\n investigative services from other Commission offices, other governmental agencies or non governmental\n sources and use any other means available to him in accordance with Public Law 100–504 or the\n Inspector General Act of 1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided\n with the results of all investigations in which he chooses not to participate.\n\n (d) The employee concerned shall be provided an opportunity to explain the alleged misconduct. When, after\n consideration of the employee's explanation, the Chairperson decides that remedial action is required, he\n or she shall take remedial action. Remedial action may include, but is not limited to:\n\n (1) Changes in assigned duties;\n\n (2) Divestiture by the employee of his conflicting interest;\n\n (3) Action under the Commission's Ethics Program resulting in one of the following actions:\n\n (i) When investigation reveals that the charges are groundless, the person designated by the\n Chairperson to assist in administration of the program may give a letter of clearance to the\n employee concerned, and the case will not be recorded in his or her Official Personnel Folder;\n\n (ii) If, after investigation, the case investigator deems the act to be merely a minor indiscretion, he\n may resolve the situation by discussing it with the employee. The case will not be recorded in\n the employee's Official Personnel Folder;\n\n (iii) If the case administrator considers the problem to be of sufficient importance, he or she may\n call it to the attention of the Chairperson, who in turn may notify the employee of the\n seriousness of his or her act and warn him of the consequences of a repetition. The case will\n not be recorded in the employee's Official Personnel Folder, unless the employee requests it;\n\n (iv) The Chairperson may, when in his or her opinion circumstances warrant, establish a special\n review board to investigate the facts in a case and to make a full report thereon, including\n recommended action; or\n\n (v)\n\n (A) If the Chairperson decides that formal disciplinary action should be taken, he or she may\n prepare for Commission consideration a statement of facts and recommend one of the\n following:\n\n (1) Written reprimand. A formal letter containing a complete statement of the offense\n and official censure;\n\n (2) Suspension. A temporary non pay status and suspension from duty; or\n\n\n47 CFR 19.735-107(d)(3)(v)(A)(2) (enhanced display) page 4 of 5\n\f47 CFR Part 19 Subpart A (up to date as of 2/20/2024)\n 47 CFR 19.735-107(d)(3)(v)(A)(3)\nGeneral Provisions\n\n\n (3) Removal for cause. Separation for cause in case of a serious offense.\n\n (B) Only after a majority of the Commission approves formal disciplinary action will any record\n resulting from the administration of this program be placed in the employee's Official\n Personnel Folder; or\n\n (4) Disqualification for a particular assignment.\n\n (e) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable\n laws, Executive orders, and regulations.\n\n[61 FR 56112, Oct. 31, 1996, as amended at 88 FR 21439, Apr. 10, 2023]\n\n\n\n\n47 CFR 19.735-107(e) (enhanced display) page 5 of 5\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":22,"cells":{"Content":{"kind":"string","value":"47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR Part 74 (Feb. 20, 2024)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter C —Broadcast Radio Services\n\nPart 74 Experimental Radio, Auxiliary, Special Broadcast and Other Program\n Distributional Services\n Subpart General; Rules Applicable to All Services in Part 74\n § 74.1 Scope.\n § 74.2 General definitions.\n § 74.3 FCC inspections of stations.\n § 74.5 Cross reference to rules in other parts.\n § 74.6 Licensing of broadcast auxiliary and low power auxiliary stations.\n § 74.12 Notification of filing of applications.\n § 74.13 Equipment tests.\n § 74.14 Service or program tests.\n § 74.15 Station license period.\n § 74.16 Temporary extension of station licenses.\n § 74.18 Transmitter control and operation.\n § 74.19 Special technical records.\n § 74.21 Broadcasting emergency information.\n § 74.22 Use of common antenna structure.\n § 74.23 Interference jeopardizing safety of life or protection of property.\n § 74.24 Short-term operation.\n § 74.25 Temporary conditional operating authority.\n § 74.28 Additional orders.\n § 74.30 Antenna structure, marking and lighting.\n § 74.32 Operation in the 17.7–17.8 GHz and 17.8–19.7 GHz bands.\n § 74.34 Period of construction; certification of completion of construction.\n Subparts A–C [Reserved]\n Subpart D Remote Pickup Broadcast Stations\n § 74.401 Definitions.\n § 74.402 Frequency assignment.\n § 74.403 Frequency selection to avoid interference.\n § 74.431 Special rules applicable to remote pickup stations.\n § 74.432 Licensing requirements and procedures.\n § 74.433 Temporary authorizations.\n § 74.434 Remote control operation.\n\n47 CFR Part 74 (Feb. 20, 2024) (enhanced display) page 1 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR Part 74 (Feb. 20, 2024)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n § 74.436 Special requirements for automatic relay stations.\n § 74.451 Certification of equipment.\n § 74.452 Equipment changes.\n § 74.461 Transmitter power.\n § 74.462 Authorized bandwidth and emissions.\n § 74.463 Modulation requirements.\n § 74.464 Frequency tolerance.\n § 74.465 Frequency monitors and measurements.\n § 74.482 Station identification.\n Subpart E Aural Broadcast Auxiliary Stations\n § 74.501 Classes of aural broadcast auxiliary stations.\n § 74.502 Frequency assignment.\n § 74.503 Frequency selection.\n § 74.531 Permissible service.\n § 74.532 Licensing requirements.\n § 74.533 Remote control and unattended operation.\n § 74.534 Power limitations.\n § 74.535 Emission and bandwidth.\n § 74.536 Directional antenna required.\n § 74.537 Temporary authorizations.\n § 74.550 Equipment authorization.\n § 74.551 Equipment changes.\n § 74.561 Frequency tolerance.\n § 74.562 Frequency monitors and measurements.\n § 74.582 Station identification.\n Subpart F Television Broadcast Auxiliary Stations\n § 74.600 Eligibility for license.\n § 74.601 Classes of TV broadcast auxiliary stations.\n § 74.602 Frequency assignment.\n § 74.603 Sound channels.\n § 74.604 Interference avoidance.\n § 74.605 Registration of stationary television pickup receive sites.\n § 74.631 Permissible service.\n § 74.632 Licensing requirements.\n § 74.633 Temporary authorizations.\n § 74.634 Remote control operation.\n § 74.635 Unattended operation.\n § 74.636 Power limitations.\n § 74.637 Emissions and emission limitations.\n\n47 CFR Part 74 (Feb. 20, 2024) (enhanced display) page 2 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR Part 74 (Feb. 20, 2024)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n § 74.638 Frequency coordination.\n § 74.641 Antenna systems.\n § 74.643 Interference to geostationary-satellites.\n § 74.644 Minimum path lengths for fixed links.\n § 74.651 Equipment changes.\n § 74.655 Authorization of equipment.\n § 74.661 Frequency tolerance.\n § 74.662 Frequency monitors and measurements.\n § 74.663 Modulation limits.\n § 74.682 Station identification.\n § 74.690 Transition of the 1990–2025 MHz band from the Broadcast Auxiliary Service to\n emerging technologies.\n Subpart G Low Power TV and TV Translator Stations\n § 74.701 Definitions.\n § 74.702 Channel assignments.\n § 74.703 Interference.\n §§ 74.706-74.708 [Reserved]\n § 74.709 Land mobile station protection.\n § 74.710 [Reserved]\n § 74.720 Digital low power TV distributed transmission systems.\n § 74.731 [Reserved]\n § 74.732 Eligibility and licensing requirements.\n § 74.733 [Reserved]\n § 74.734 Attended and unattended operation.\n § 74.735 Power limitations.\n § 74.736 [Reserved]\n § 74.737 Antenna location.\n § 74.750 Transmission system facilities.\n § 74.751 Modification of transmission systems.\n § 74.761 [Reserved]\n § 74.762 Frequency measurements.\n § 74.763 Time of operation.\n § 74.769 Familiarity with FCC rules.\n § 74.779 Electronic delivery of notices to LPTV stations.\n § 74.780 Broadcast regulations applicable to translators and low power stations.\n § 74.781 Station records.\n § 74.782 Low power television and TV translator simulcasting during the ATSC 3.0 (Next Gen\n TV) transition.\n § 74.783 Station identification.\n\n47 CFR Part 74 (Feb. 20, 2024) (enhanced display) page 3 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR Part 74 (Feb. 20, 2024)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n § 74.784 Rebroadcasts.\n § 74.785 Low power TV digital data service pilot project.\n § 74.786 [Reserved]\n § 74.787 Licensing.\n § 74.789 [Reserved]\n § 74.790 Permissible service of TV translator and LPTV stations.\n § 74.791 Call signs.\n § 74.792 Low power TV and TV translator station protected contour.\n § 74.793 Low power TV and TV translator station protection of broadcast stations.\n § 74.794 Digital emissions.\n § 74.795 Low power TV and TV translator transmission system facilities.\n § 74.796 Modification of transmission systems.\n § 74.797 Biennial Ownership Reports.\n § 74.798 [Reserved]\n § 74.799 Low power television and TV translator channel sharing.\n Subpart H Low Power Auxiliary Stations\n § 74.801 Definitions.\n § 74.802 Frequency assignment.\n § 74.803 Frequency selection to avoid interference.\n § 74.831 Scope of service and permissible transmissions.\n § 74.832 Licensing requirements and procedures.\n § 74.833 Temporary authorizations.\n § 74.851 Certification of equipment; prohibition on manufacture, import, sale, lease, offer for\n sale or lease, or shipment of devices that operate in the 700 MHz Band or the 600\n MHz Band; labeling for 700 MHz or 600 MHz band equipment destined for non-U.S.\n markets; disclosures.\n § 74.852 Equipment changes.\n § 74.861 Technical requirements.\n § 74.870 Wireless video assist devices.\n § 74.882 Station identification.\n Subparts I–K [Reserved]\n Subpart L FM Broadcast Translator Stations and FM Broadcast Booster Stations\n § 74.1201 Definitions.\n § 74.1202 Frequency assignment.\n § 74.1203 Interference.\n § 74.1204 Protection of FM broadcast, FM Translator and LP100 stations.\n § 74.1205 Protection of channel 6 TV broadcast stations.\n § 74.1231 Purpose and permissible service.\n § 74.1232 Eligibility and licensing requirements.\n\n47 CFR Part 74 (Feb. 20, 2024) (enhanced display) page 4 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR Part 74 (Feb. 20, 2024)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n § 74.1233 Processing FM translator and booster station applications.\n § 74.1234 Unattended operation.\n § 74.1235 Power limitations and antenna systems.\n § 74.1236 Emission and bandwidth.\n § 74.1237 Antenna location.\n § 74.1250 Transmitters and associated equipment.\n § 74.1251 Technical and equipment modifications.\n § 74.1261 Frequency tolerance.\n § 74.1262 Frequency monitors and measurements.\n § 74.1263 Time of operation.\n § 74.1269 Familiarity with FCC rules.\n § 74.1281 Station records.\n § 74.1283 Station identification.\n § 74.1284 Rebroadcasts.\n § 74.1290 [Reserved]\n Alphabetical Index\n Part 74\n\n\nPART 74—EXPERIMENTAL RADIO, AUXILIARY, SPECIAL\nBROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES\nAuthority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and 554.\n\n\nEditorial Note: Nomenclature changes to part 74 appear at 64 FR 4055, Jan. 27, 1999.\n\nSubpart—General; Rules Applicable to All Services in Part 74\n§ 74.1 Scope.\n (a) The rules in this subpart are applicable to the Auxiliary and Special Broadcast and Other Program\n Distributional Services.\n\n (b) Rules in part 74 which apply exclusively to a particular service are contained in that service subpart, as\n follows: Remote Pickup Broadcast Stations, subpart D; Aural Broadcast STL and Intercity Relay Stations,\n subpart E; TV Auxiliary Broadcast Stations, subpart F; Low-power TV, TV Translator and TV Booster\n Stations, subpart G; Low-power Auxiliary Stations, subpart H; FM Broadcast Translator Stations and FM\n Broadcast Booster Stations, subpart L.\n\n[78 FR 25174, Apr. 29, 2013]\n\n\n\n\n47 CFR 74.1(b) (enhanced display) page 5 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.2\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.2 General definitions.\n Broadcast network-entity. A broadcast network-entity is an organization which produces programs available for\n simultaneous transmission by 10 or more affiliated broadcast stations and having distribution facilities or\n circuits available to such affiliated stations at least 12 hours each day.\n\n Cable network-entity. A cable network-entity is an organization which produces programs available for\n simultaneous transmission by cable systems serving a combined total of at least 5,000,000 subscribers\n and having distribution facilities or circuits available to such affiliated stations or cable systems.\n\n[51 FR 4601, Feb. 6, 1986]\n\n\n§ 74.3 FCC inspections of stations.\n (a) The licensee of a station authorized under this part must make the station available for inspection by\n representatives of the FCC during the station's business hours, or at any time it is in operation.\n\n (b) In the course of an inspection or investigation, an FCC representative may require special equipment tests\n or program tests.\n\n (c) The logs and records required by this part for the particular class or type of station must be made\n available upon request to representatives of the FCC.\n\n[47 FR 53022, Nov. 24, 1982]\n\n\n§ 74.5 Cross reference to rules in other parts.\nCertain rules applicable to Auxiliary, Special Broadcast and other Program Distribution services, some of which are\nalso applicable to other services, are set forth in the following parts of the FCC Rules and Regulations:\n\n (a) Part 1, “Practice and procedure”.\n\n (1) Subpart A, “General Rules of Practice and Procedure”. (§§ 1.1 to 1.117).\n\n (2) Subpart B, “Hearing Proceedings”. (§§ 1.201 to 1.364).\n\n (3) Subpart C, “Rulemaking Proceedings”. (§§ 1.399 to 1.430).\n\n (4) Subpart F, “Wireless Telecommunications Services Applications and Proceedings”. (§§ 1.901 to\n 1.981).\n\n (5) Subpart G, “Schedule of Statutory Charges and Procedures for Payment”. (§§ 1.1101 to 1.1120).\n\n (6) Subpart H, “Ex Parte Presentations”. (§§ 1.1200 to 1.1216).\n\n (7) Subpart I, “Procedures Implementing the National Environmental Policy Act of 1969”. (§§ 1.1301 to\n 1.1319).\n\n (8) Subpart T, “Foreign Ownership of Broadcast, Common Carrier, Aeronautical En Route, and\n Aeronautical Fixed Radio Station Licensees”. (§§ 1.5000 to 1.5004).\n\n (9) Part 1, Subpart W of the chapter, “FCC Registration Number”. (§§ 1.8001–1.8005).\n\n\n\n\n47 CFR 74.5(a)(9) (enhanced display) page 6 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.5(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Part 2, “Frequency Allocations and Radio Treaty Matters, General Rules and Regulations”, including\n subparts A, “Terminology”; B, “Allocation, Assignments and Use of Radio Frequencies”; C, “Emissions”; D,\n “Call Signs and Other Forms of Identifying Radio Transmissions”; and J, “Equipment Authorization\n Proceedings”.\n\n (c) [Reserved]\n\n (d) Part 17, “Construction, Marking and Lighting of Antenna Structures”.\n\n (e) Part 73, “Radio Broadcast Services”.\n\n (f) Part 101, “Fixed Microwave Services”.\n\n[53 FR 2499, Jan. 28, 1988, as amended at 60 FR 55482, Nov. 1, 1995; 66 FR 47896, Sept. 14, 2001; 68 FR 12761, Mar. 17, 2003;\n76 FR 70911, Nov. 16, 2011; 78 FR 25174, Apr. 29, 2013; 81 FR 86613, Dec. 1, 2016]\n\n\n§ 74.6 Licensing of broadcast auxiliary and low power auxiliary stations.\nApplicants for and licensees of remote pickup broadcast stations, aural broadcast auxiliary stations, television\nbroadcast auxiliary stations, and low power auxiliary stations authorized under subparts D, E, F, and H of this part\nare subject to the application and procedural rules for wireless telecommunications services contained in part 1,\nsubpart F of this chapter. Applicants for these stations may file either manually or electronically as specified in §\n1.913(b) and (d) of this chapter.\n\n[68 FR 12761, Mar. 17, 2003]\n\n\n§ 74.12 Notification of filing of applications.\nThe provisions of § 73.1030 “Notification concerning interference to Radio Astronomy, Research, and Receiving\nInstallations” apply to all stations authorized under this part of the FCC Rules except the following:\n\n (a) Mobile remote pickup stations (subpart D).\n\n (b) TV pickup stations (subpart F).\n\n (c) Low power auxiliary stations (subpart H).\n\n[44 FR 58735, Oct. 11, 1979, as amended at 44 FR 77167, Dec. 31, 1979; 47 FR 28388, June 30, 1982]\n\n\n§ 74.13 Equipment tests.\n (a) During the process of construction of any class of radio station listed in this part, the permittee, without\n further authority of the Commission, may conduct equipment tests for the purpose of such adjustments\n and measurements as may be necessary to assure compliance with the terms of the construction permit,\n the technical provisions of the application therefor, the technical requirements of this chapter, and the\n applicable engineering standards.\n\n (b) Equipment tests may be continued so long as the construction permit shall remain valid.\n\n (c) The authorization for tests embodied in this section shall not be construed as constituting a license to\n operate.\n\n\n\n47 CFR 74.13(c) (enhanced display) page 7 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.14\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[38 FR 18378, July 10, 1973]\n\n\n§ 74.14 Service or program tests.\n (a) Upon completion of construction of a radio station in accordance with the terms of the construction\n permit, the technical provisions of the application therefor, technical requirements of this chapter, and\n applicable engineering standards, and when an application for station license has been filed showing the\n station to be in satisfactory operating condition, the permittee or any class of station listed in this part\n may, without further authority of the Commission, conduct service or program tests.\n\n (b) Program test authority for stations authorized under this part will continue valid during Commission\n consideration of the application for license and during this period further extension of the construction\n permit is not required. Program test authority shall be automatically terminated with final action on the\n application for station license.\n\n (c) The authorization for tests embodied in this section shall not be construed as approval by the\n Commission of the application for station license.\n\n[38 FR 18378, July 10, 1973]\n\n\n§ 74.15 Station license period.\n (a) [Reserved]\n\n (b) Licenses for stations or systems in the Auxiliary Broadcast Service held by a licensee of a broadcast\n station will be issued for a period running concurrently with the license of the associated broadcast\n station with which it is licensed. Licenses held by eligible networks for the purpose of providing program\n service to affiliated stations under subpart D of this part, and by eligible networks, cable television\n operators, motion picture producers and television program producers under subpart H of this part will be\n issued for a period running concurrently with the normal licensing period for broadcast stations located in\n the same area of operation. Licenses held by large venue owners or operators and professional sound\n companies under subpart H of this part will be issued for a period not to exceed ten years from the date\n of initial issuance or renewal.\n\n (c) The license of an FM broadcast booster station or a TV broadcast booster station will be issued for a\n period running concurrently with the license of the FM radio broadcast station or TV broadcast station\n (primary station) with which it is used.\n\n (d) Initial licenses for low power TV, TV translator, and FM translator stations will ordinarily be issued for a\n period running until the date specified in § 73.1020 of this chapter for full service stations operating in\n their State or Territory, or if issued after such date, to the next renewal date determined in accordance\n with § 73.1020 of this chapter. Lower power TV and TV translator station and FM translator station\n licenses will ordinarily be renewed for 8 years. However, if the FCC finds that the public interest,\n convenience or necessity will be served, it may issue either an initial license or a renewal thereof for a\n lesser term. The FCC may also issue a license renewal for a shorter term if requested by the applicant.\n The time of expiration of all licenses will be 3 a.m. local time, on the following dates, and thereafter to the\n schedule for full service stations in their states as reflected in § 73.1020 of this chapter:\n\n (1) Nevada:\n\n (i) FM translators, February 1, 1997.\n\n\n47 CFR 74.15(d)(1)(i) (enhanced display) page 8 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.15(d)(1)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (ii) LPTV and TV translator, February 1, 1998.\n\n (2) California:\n\n (i) FM translators, April 1, 1997.\n\n (ii) LPTV and TV translators, April 1, 1998\n\n (3) Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhodes Island, New York, New\n Jersey, Pennsylvania, Maryland, Delaware, West Virginia, Ohio and the District of Colbumia:\n\n (i) FM translators, June 1, 1997\n\n (ii) LPTV and TV translators, June 1, 1998\n\n (4) Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,\n Missouri, Kentucky, Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the Virgin\n Islands:\n\n (i) FM translators, August 1, 1997\n\n (ii) LPTV and TV translators, August 1, 1998\n\n (5) Oklahoma and Texas:\n\n (i) FM translators, October 1, 1997\n\n (ii) LPTV and TV translators, October 1, 1998\n\n (6) Kansas and Nebraska:\n\n (i) FM translators, December 1, 1997\n\n (ii) LPTV and TV translators, December 1, 1998\n\n (7) Iowa and South Dakota:\n\n (i) FM translators, February 1, 1998\n\n (ii) LPTV and TV translators, February 1, 1999\n\n (8) Minnesota and North Dakota:\n\n (i) FM translators, April 1, 1998\n\n (ii) LPTV and TV translators, April 1, 1999\n\n (9) Wyoming:\n\n (i) FM translators, June 1, 1998\n\n (ii) LPTV and TV translators, June 1, 1999\n\n (10) Montana:\n\n (i) FM translators, August 1, 1998\n\n (ii) LPTV and TV translators, August 1, 1999\n\n (11) Idaho:\n\n\n47 CFR 74.15(d)(11) (enhanced display) page 9 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.15(d)(11)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) FM translators, October 1, 1995\n\n (ii) LPTV and TV translators, October 1, 1996\n\n (12) Washington:\n\n (i) FM translators, December 1, 1995\n\n (ii) LPTV and TV translators, December 1, 1996\n\n (13) Oregon:\n\n (i) FM translators, February 1, 1996\n\n (ii) LPTV and TV translators, February 1, 1997\n\n (14) Alaska, American Samoa, Guam, Mariana Islands and Hawaii:\n\n (i) FM translators, April 1, 1996\n\n (ii) LPTV and TV translators, April 1, 1997\n\n (15) Colorado:\n\n (i) FM translators, June 1, 1996\n\n (ii) LPTV and TV translators, June 1, 1997\n\n (16) New Mexico:\n\n (i) FM translators, August 1, 1996\n\n (ii) LPTV and TV translators, August 1, 1997\n\n (17) Utah:\n\n (i) FM translators, October 1, 1996\n\n (ii) LPTV and TV translators, October 1, 1997\n\n (18) Arizona:\n\n (i) FM translators, December 1, 1996\n\n (ii) LPTV and TV translators, December 1, 1997\n\n (e) Licenses held by broadcast network-entities under Subpart F will ordinarily be issued for a period of 8\n years running concurrently with the normal licensing period for broadcast stations located in the same\n area of operation. An application for renewal of license shall be filed in accordance with the provisions of\n § 1.949.\n\n (f) The license of an FM translator or FM broadcast booster, TV translator or TV broadcast booster, or low\n power TV station will expire as a matter of law upon failure to transmit broadcast signals for any\n consecutive 12-month period notwithstanding any provision, term, or condition of the license to the\n contrary. Further, if the license of any AM, FM, or TV broadcasting station licensed under part 73 of this\n chapter expires for failure to transmit signals for any consecutive 12-month period, the licensee's\n authorizations under part 74, subparts D, E, F, and H in connection with the operation of that AM, FM, or\n TV broadcasting station will also expire notwithstanding any provision, term, or condition to the contrary.\n\n(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303))\n47 CFR 74.15(f) (enhanced display) page 10 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.16\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[28 FR 13706, Dec. 14, 1963, as amended at 49 FR 32583, Aug. 15, 1984; 50 FR 26758, June 28, 1985; 52 FR 7142, Mar. 9, 1987;\n52 FR 25604, July 8, 1987; 52 FR 31402, Aug. 20, 1987; 59 FR 63052, Dec. 7, 1994; 61 FR 28767, June 6, 1996; 62 FR 5347, Feb. 5,\n1997; 68 FR 12761, Mar. 17, 2003; 69 FR 72045, Dec. 10, 2004; 78 FR 25174, Apr. 29, 2013; 79 FR 40688, July 14, 2014]\n\n\n§ 74.16 Temporary extension of station licenses.\nWhere there is pending before the Commission any application, investigation, or proceeding which, after hearing,\nmight lead to or make necessary the modification of, revocation of, or the refusal to renew an existing auxiliary\nbroadcast station license or a television broadcast translator station license, the Commission in its discretion, may\ngrant a temporary extension of such license: Provided, however, That no such temporary extension shall be\nconstrued as a finding by the Commission that the operation of any radio station thereunder will serve public\ninterest, convenience, and necessity beyond the express terms of such temporary extension of license: And\nprovided further, That such temporary extension of license will in no wise affect or limit the action of the\nCommission with respect to any pending application or proceeding.\n\n[78 FR 25175, Apr. 29, 2013]\n\n\n§ 74.18 Transmitter control and operation.\nExcept where unattended operation is specifically permitted, the licensee of each station authorized under the\nprovisions of this part shall designate a person or persons to activate and control its transmitter. At the discretion of\nthe station licensee, persons so designated may be employed for other duties and for operation of other\ntransmitting stations if such other duties will not interfere with the proper operation of the station transmission\nsystems.\n\n[60 FR 55482, Nov. 1, 1995]\n\n\n§ 74.19 Special technical records.\nThe FCC may require a broadcast auxiliary station licensee to keep operating and maintenance records necessary\nto resolve conditions of actual or potential interference, rule violations, or deficient technical operation.\n\n[48 FR 38482, Aug. 24, 1983]\n\n\n§ 74.21 Broadcasting emergency information.\n (a) In an emergency where normal communication facilities have been disrupted or destroyed by storms,\n floods or other disasters, the stations licensed under this part may be operated for the purpose of\n transmitting essential communications intended to alleviate distress, dispatch aid, assist in rescue\n operations, maintain order, or otherwise promote the safety of life and property. In the course of such\n operation, a station of any class may communicate with stations of other classes and in other services.\n However, such operation shall be conducted only on the frequency or frequencies for which the station is\n licensed and the used power shall not exceed the maximum authorized in the station license. When such\n operation involves the use of frequencies shared with other stations, licensees are expected to cooperate\n fully to avoid unnecessary or disruptive interference.\n\n (b) Whenever such operation involves communications of a nature other than those for which the station is\n licensed to perform, the licensee shall, at the earliest practicable time, notify the FCC in Washington, DC of\n the nature of the emergency and the use to which the station is being put and shall subsequently notify\n the same offices when the emergency operation has been terminated.\n47 CFR 74.21(b) (enhanced display) page 11 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.21(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) Emergency operation undertaken pursuant to the provisions of this section shall be discontinued as soon\n as substantially normal communications facilities have been restored. The Commission may at any time\n order discontinuance of such operation.\n\n(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303))\n\n[28 FR 13706, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 44 FR 65765, Nov. 15, 1979; 47 FR 40175, Sept. 13, 1982]\n\n\n§ 74.22 Use of common antenna structure.\nThe simultaneous use of a common antenna structure by more than one station authorized under this part, or by\none or more stations of any other service may be authorized. The owner of each antenna structure is responsible\nfor ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter.\nIn the event of default by the owner, each licensee or permittee shall be responsible for ensuring that the structure\ncomplies with applicable painting and lighting requirements.\n\n[61 FR 4368, Feb. 6, 1996]\n\n\n§ 74.23 Interference jeopardizing safety of life or protection of property.\n (a) The licensee of any station authorized under this part that causes harmful interference, as defined in § 2.1\n of the Commission's rules, to radio communications involving the safety of life or protection of property\n shall promptly eliminate the interference.\n\n (b) If harmful interference to radio communications involving the safety of life or protection of property\n cannot be promptly eliminated and the Commission finds that there exists an imminent danger to safety\n of life or protection of property, pursuant to 47 U.S.C. 312 (b) and (e) and 5 U.S.C. 558, operation of the\n offending equipment shall temporarily be suspended and shall not be resumed until the harmful\n interference has been eliminated or the threat to the safety of life or property has passed. In situations\n where the protection of property alone is jeopardized, before taking any action under this paragraph, the\n Commission shall balance the nature and extent of the possible property damage against the potential\n harm to a licensee or the public caused by suspending part 74 operations. When specifically authorized,\n short test operations may be made during the period of suspended operation to check the efficacy of\n remedial measures.\n\n[47 FR 1395, Jan. 13, 1982]\n\n\n§ 74.24 Short-term operation.\nAll classes of broadcast auxiliary stations provided for in subparts D, E, F and H of this part, except wireless video\nassist devices, may be operated on a short-term basis under the authority conveyed by a part 73 license or a\nbroadcast auxiliary license without prior authorization from the FCC, subject to the following conditions:\n\n (a) Licensees operating under this provision must be eligible to operate the particular class of broadcast\n auxiliary station.\n\n (b) The short-term broadcast auxiliary station shall be operated in conformance with all normally applicable\n regulations to the extent they are not superceded by specific provisions of this section.\n\n\n\n\n47 CFR 74.24(b) (enhanced display) page 12 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.24(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) Short-term operation is on a secondary, non-interference basis to regularly authorized stations and shall\n be discontinued immediately upon notification that perceptible interference is being caused to the\n operation of a regularly authorized station. Short-term station operators shall, to the extent practicable,\n use only the effective radiated power and antenna height necessary for satisfactory system performance.\n\n (d) Short-term operation under this section shall not exceed 720 hours annually per frequency.\n\n\n Note to paragraph (d): Certain frequencies shared with other services which are normally available\n for permanent broadcast auxiliary station assignment may not be available for short-term\n operation. Refer to any note(s) which may be applicable to the use of a specific frequency prior to\n initiating operation.\n\n (e) The antenna height of a station operated pursuant to this section shall not increase the height of any man-\n made antenna supporting structure, or increase by more than 6.1 meters (20 feet) the height of any other\n type of man-made structure or natural formation. However, the facilities of an authorized broadcast\n auxiliary station belonging to another licensee may be operated in accordance with the terms of its\n outstanding authorization.\n\n (f) Stations operated pursuant to this section shall be identified by the transmission of the call sign of the\n associated part 73 broadcast station or broadcast auxiliary station, or, in the case of stations operated by\n broadcast network and cable network entities, by the network or cable entity's name and base of\n operations city.\n\n (g) Prior to operating pursuant to the provisions of this section, licensees shall, for the intended location or\n area-of-operation, notify the appropriate frequency coordination committee or any licensee(s) assigned\n the use of the proposed operating frequency, concerning the particulars of the intended operation and\n shall provide the name and telephone number of a person who may be contacted in the event of\n interference. Except as provided herein, this notification provision shall not apply where an unanticipated\n need for immediate short-term mobile station operation would render compliance with the provisions of\n this paragraph impractical.\n\n (1) A CARS licensee shall always be given advance notification prior to the commencement of short-\n term operation on or adjacent to an assigned frequency.\n\n (2) The Commission may designate a frequency coordinator as the single point of contact under this\n section for advance coordination of major national and international events. Once designated, all\n short-term auxiliary broadcast use under this section must be coordinated in advance through the\n designated coordinator.\n\n (i) Coordinators under this provision will not be designated unless the Commission receives an\n initial request, in writing, to designate a coordinator.\n\n (ii) The Commission will issue a Public Notice with information regarding the designation of such a\n coordinator.\n\n (iii) All coordination must be done on a non-discriminatory basis.\n\n (iv) All licensees must abide by the decision of the coordinator. The Commission will be the final\n arbiter of any disputes.\n\n\n\n\n47 CFR 74.24(g)(2)(iv) (enhanced display) page 13 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.24(g)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (3) An unanticipated need will never be deemed to exist for a scheduled event, such as a convention,\n sporting event, etc.\n\n (h) Short-term operation is limited to areas south or west of the United States-Canada border as follows:\n\n (1) Use of broadcast auxiliary service frequencies below 470 MHz is limited to areas of the United\n States south of Line A or west of Line C unless the effective radiated power of the station is 5 watts\n or less. See § 1.928(e) of this chapter for a definition of Line A and Line C.\n\n (2) A broadcast auxiliary service station operating on frequencies between 470 MHz and 1 GHz must be\n at least 56.3 kilometers (35 miles) south (or west, as appropriate of the United States-Canada border\n if the antenna looks within a 200° sector toward the border; or, the station must be at least 8.1\n kilometers (5 miles) south (or west, as appropriate) if the antenna looks within a 160° sector away\n from the border. However, operation is not permitted in either of these two situations if the station\n would be within the coordination distance of a receiving earth station in Canada which uses the\n same frequency band. (The coordination distance is the distance, calculated for any station,\n according to Appendix 28 of the International Radio Regulations.)\n\n (3) A broadcast auxiliary service station operating on frequencies above 1 GHz shall not be located\n within the coordination distance of a receiving earth station in Canada which uses the same\n frequency band. (The coordination distance is the distance, calculated for any station, according to\n Appendix 28 of the international Radio Regulations.)\n\n (i) Short-term operation of a remote pickup broadcast base station, a remote pickup automatic relay station,\n an aural broadcast STL station, an aural broadcast intercity relay station, a TV STL station, a TV intercity\n relay station or a TV translator relay station in the National Radio Quiet Zone, the Table Mountain Radio\n Receiving Zone, or near FCC monitoring stations is subject to the same advance notification procedures\n applicable to regular applications as provided for in § 73.1030 of this chapter and § 74.12, except that\n inasmuch as short-term operation does not involve an application process, the provisions relating to\n agency objection procedures shall not apply. It shall simply be necessary for the licensee to contact the\n potentially affected agency and obtain advance approval for the proposed short-term operation. Where\n protection to FCC monitoring stations is concerned, approval for short-term operation may be given by the\n Regional Director of a Commission field facility.\n\n (j)\n\n (1) This paragraph applies only to operations which will transmit on frequencies under 15 GHz. Prior to\n commencing short-term operation of a remote pickup broadcast station, a remote pickup automatic\n relay station, an aural broadcast STL station, an aural broadcast intercity relay station, a TV STL\n station, a TV intercity relay station, a TV translator relay station, a TV pickup station, or a TV\n microwave booster station within the 4-mile (6.4 kilometer) radius Commonwealth of Puerto Rico\n Protection Zone (centered on NAD–83 Geographical Coordinates North Latitude 18°20′38.28″, West\n Longitude 66°45′09.42″), an applicant must notify the Arecibo Observatory, located near Arecibo,\n Puerto Rico. Operations within the Puerto Rico Coordination Zone (i.e., on the islands of Puerto Rico,\n Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone, whether short term or long\n term, shall provide notification to the Arecibo Observatory prior to commencing operation.\n Notification should be directed to the following: Interference Office, Arecibo Observatory, HC3 Box\n 53995, Arecibo, Puerto Rico 00612, Tel. (809) 878–2612, Fax (809) 878–1861, E-mail prcz@naic.edu.\n\n (2) Notification of short-term operations may be provided by telephone, fax, or electronic mail. The\n notification for long-term operations shall be written or electronic, and shall set forth the technical\n parameters of the proposed station, including the geographical coordinates of the antenna (NAD–83\n47 CFR 74.24(j)(2) (enhanced display) page 14 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.25\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain,\n proposed frequency and FCC Rule Part, type of emission, effective radiated power, and whether the\n proposed use is itinerant. Applicants may wish to consult interference guidelines, which will be\n provided by Cornell University. In addition, the applicant shall indicate in its application to the\n Commission the date notification was made to the Observatory. Generally, submission of the\n information in the technical portion of the FCC license application is adequate notification. After\n receipt of such applications in non-emergency situations, the Commission will allow the Arecibo\n Observatory a period of 20 days for comments or objections in response to the notification\n indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate\n any potential interference problem with the Arecibo Observatory and to file either an amendment to\n the application or a modification application, as appropriate. If the Commission determines that an\n applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from\n interference, its application may be granted. In emergency situations in which prior notification or\n approval is not practicable, notification or approval must be accomplished as soon as possible after\n operations begin.\n\n(Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303)\n\n[47 FR 9219, Mar. 4, 1982, as amended at 49 FR 34356, Aug. 30, 1984; 50 FR 23709, June 5, 1985; 62 FR 55532, Oct. 27, 1997; 68\nFR 12762, Mar. 17, 2003; 70 FR 31373, June 1, 2005; 80 FR 53751, Sept. 8, 2015]\n\n\n§ 74.25 Temporary conditional operating authority.\nAn applicant for a new broadcast auxiliary radio service station or a modification of an existing station under\nsubparts D, E, F, or H of this part may operate the proposed station during the pendency of its applications upon the\nfiling of a properly completed formal application that complies with the rules for the particular class of station,\nprovided that the conditions set forth are satisfied.\n\n (a) Conditions applicable to all broadcast auxiliary stations.\n\n (1) Stations operated pursuant to this section shall be identified by the transmission of the call sign of\n the associated part 73 of this chapter broadcast station, if one exists, or the prefix “WT” followed by\n the applicant's local business telephone number for broadcast or cable network entities.\n\n (2) The antenna structure(s) has been previously studied by the Federal Aviation Administration and\n determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter;\n or the antenna or tower structure does not exceed 6.1 meters above ground level or above an\n existing man-made structure (other than an antenna structure), if the antenna or tower has not been\n previously studied by the Federal Aviation Administration and cleared by the FCC;\n\n (3) The grant of the application(s) does not require a waiver of the Commission's rules;\n\n (4) The applicant has determined that the facility(ies) will not significantly affect the environment as\n defined in § 1.1307 of this chapter;\n\n (5) The station site does not lie within an area identified in § 1.924 of this chapter.\n\n (b) Conditions applicable to remote pickup broadcast auxiliary stations.\n\n (1) The auxiliary station must be located within 80 km (50 mi) of the broadcast studio or broadcast\n transmitter.\n\n\n47 CFR 74.25(b)(1) (enhanced display) page 15 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.25(b)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) The applicant must coordinate the operation with all affected co-channel and adjacent channel\n licensees in the area of operation. This requirement can be satisfied by coordination with the local\n frequency committee if one exists.\n\n (3) Operation under this provision is not permitted between 152.87 MHz and 153.35 MHz.\n\n (c) Conditions applicable to aural and television broadcast auxiliary stations.\n\n (1) The applicable frequency coordination procedures have been successfully completed and the filed\n application is consistent with that coordination.\n\n (2) The station site does not lie within an area requiring international coordination.\n\n (3) If operated on frequencies in the 17.8–19.7 GHz band for any services or on frequencies in the\n 17.7–17.8 GHz band for MVPD operations, the station site does not lie within any of the areas\n identified in § 1.924 of this chapter.\n\n (d) Operation under this section shall be suspended immediately upon notification from the Commission or\n by the Regional Director of a Commission field facility, and shall not be resumed until specific authority is\n given by the Commission or Regional Director. When authorized by the Regional Director, short test\n operations may be made.\n\n (e) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is\n not acceptable for filing.\n\n (f) Conditional authorization does not prejudice any action the Commission may take on the subject\n application(s). Conditional authority is accepted with the express understanding that such authority may\n be modified or cancelled by the Commission at any time without hearing if, in the Commission's\n discretion, the need for such action arises. An applicant operating pursuant to this conditional authority\n assumes all risks associated with such operation, the termination or modification of the conditional\n authority, or the subsequent dismissal or denial of its application(s).\n\n[68 FR 12762, Mar. 17, 2003, as amended at 69 FR 17958, Apr. 6, 2004; 71 FR 69048, Nov. 29, 2006; 80 FR 53751, Sept. 8, 2015]\n\n\n§ 74.28 Additional orders.\nIn case the rules contained in this part do not cover all phases of operation with respect to external effects, the FCC\nmay make supplemental or additional orders in each case as may be deemed necessary.\n\n[78 FR 25175, Apr. 29, 2013]\n\n\n§ 74.30 Antenna structure, marking and lighting.\nThe provisions of part 17 of the FCC rules (Construction, Marking, and Lighting of Antenna Structures) require\ncertain antenna structures to be painted and/or lighted in accordance with the provisions of §§ 17.47 through 17.56\nof the FCC rules.\n\n[47 FR 53022, Nov. 24, 1982]\n\n\n\n\n47 CFR 74.30 (enhanced display) page 16 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.32\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.32 Operation in the 17.7–17.8 GHz and 17.8–19.7 GHz bands.\nThe following exclusion areas and coordination areas are established to minimize or avoid harmful interference to\nFederal Government earth stations receiving in the 17.7–19.7 GHz band:\n\n (a) No application seeking authority for fixed stations supporting the operations of Multichannel Video\n Programming Distributors (MVPD) in the 17.7–17.8 GHz band or to operate in the 17.8–19.7 GHz band for\n any service will be accepted for filing if the proposed station is located within 20 km of Denver, CO (39°43′\n N., 104°46′ W.) or Washington, DC (38°48′ N., 76°52′ W.).\n\n (b) Any application for a new station license to provide MVPD operations in the 17.7–17.8 GHz band or to\n operate in the 17.8–19.7 GHz band for any service, or for modification of an existing station license in\n these bands which would change the frequency, power, emission, modulation, polarization, antenna height\n or directivity, or location of such a station, must be coordinated with the Federal Government by the\n Commission before an authorization will be issued, if the station or proposed station is located in whole\n or in part within any of the following areas:\n\n (1) Denver, CO area:\n\n (i) Between latitudes 41°30′ N. and 38°30′ N. and between longitudes 103°10′ W. and 106°30′ W.\n\n (ii) Between latitudes 38°30′ N. and 37°30′ N. and between longitudes 105°00′ W. and 105°50′ W.\n\n (iii) Between latitudes 40°08′ N. and 39°56′ N. and between longitudes 107°00′ W. and 107°15′ W.\n\n (2) Washington, DC area:\n\n (i) Between latitudes 38°40′ N. and 38°10′ N. and between longitudes 78°50′ W. and 79°20′ W.\n\n (ii) Within 178 km of 38°48′ N, 76°52′ W.\n\n (3) San Miguel, CA area:\n\n (i) Between latitudes 34°39′ N. and 34°00′ N. and between longitudes 118°52′ W. and 119°24′ W.\n\n (ii) Within 200 km of 35°44′ N., 120°45′ W.\n\n (4) Guam area: Within 100 km of 13°35′ N., 144°51′ E.\n\nNote to § 74.32: The coordinates cited in this section are specified in terms of the “North American Datum of 1983\n(NAD 83).”\n\n[80 FR 38908, July 7, 2015]\n\n\n§ 74.34 Period of construction; certification of completion of construction.\n (a) Each aural and television broadcast auxiliary station authorized under subparts E and F of this part must\n be in operation within 18 months from the initial date of grant.\n\n (b) Each remote pickup broadcast auxiliary station authorized under subpart D of this part must be in\n operation within 12 months from the initial date of grant.\n\n (c) Failure to timely begin operation means the authorization terminates automatically.\n\n (d) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of\n this chapter.\n\n47 CFR 74.34(d) (enhanced display) page 17 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.34(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (e) Construction of any authorized facility or frequency must be completed by the date specified in the\n license and the Commission must be notified pursuant to § 1.946 of this chapter.\n\n[68 FR 12763, Mar. 17, 2003]\n\n\nSubparts A–C [Reserved]\n\nSubpart D—Remote Pickup Broadcast Stations\n§ 74.401 Definitions.\n Associated broadcasting station (s). The broadcasting station or stations with which a remote pickup broadcast\n station or system is licensed as an auxiliary and with which it is principally used.\n\n Authorized bandwidth. The occupied or necessary bandwidth, whichever is greater, authorized to be used by a\n station.\n\n Automatic relay station. A remote pickup broadcast base station which is actuated by automatic means and is\n used to relay transmissions between remote pickup broadcast base and mobile stations, between remote\n pickup broadcast mobile stations and from remote pickup broadcast mobile stations to broadcasting\n stations. (Automatic operation is not operation by remote control.)\n\n Carrier power. The average power at the output terminals of a transmitter (other than a transmitter having a\n suppressed, reduced or controlled carrier) during one radio frequency cycle under conditions of no\n modulation.\n\n Mean power. The power at the output terminals of a transmitter during normal operation, averaged over a time\n sufficiently long compared with the period of the lowest frequency encountered in the modulation. A time\n of 1⁄10 second during which the mean power is greatest will be selected normally.\n\n Necessary bandwidth. For a given class of emission, the minimum value of the occupied bandwidth sufficient to\n ensure the transmission of information at the rate and with the quality required for the system employed,\n under specified conditions. Emissions useful for the good functioning of the receiving equipment, as for\n example, the emission corresponding to the carrier of reduced carrier systems, shall be included in the\n necessary bandwidth.\n\n Occupied bandwidth. The frequency bandwidth such that, below its lower and above its upper frequency limits,\n the mean powers radiated are each equal to 0.5 percent of the total mean power radiated by a given\n emission.\n\n Operational communications. Communications concerning the technical and programming operation of a\n broadcast station and its auxiliaries.\n\n Remote control operation. Operation of a base station by a properly designated person on duty at a control\n position from which the transmitter is not visible but that position is equipped with suitable controls so\n that essential functions can be performed therefrom.\n\n Remote pickup broadcast base station. A remote pickup broadcast station authorized for operation at a\n specified location.\n\n Remote pickup broadcast mobile station. A remote pickup broadcast station authorized for use while in motion\n or during halts at unspecified locations. (As used in this subpart, mobile stations include hand-carried,\n pack-carried and other portable transmitters.)\n\n47 CFR 74.401 “Remote pickup broadcast mobile station” (enhanced display) page 18 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.401 “Remote pickup broadcast stations”\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Remote pickup broadcast stations. A term used in this subpart to include both remote pickup broadcast base\n stations and remote pickup broadcast mobile stations.\n\n Remote pickup mobile repeater unit. A vehicular receiver-transmitter repeater used to provide extended\n communications range for a low-power hand-carried or pack-carried transmitter.\n\n Station. As used in this subpart, each remote pickup broadcast transmitter, and its associated accessory\n equipment necessary to the radio communication function, constitutes a separate station.\n\n Studio. Any room or series of rooms equipped for the regular production of broadcast programs of various\n kinds. A broadcasting booth at a stadium, convention hall, church, or other similar place is not considered\n to be a studio.\n\n Systems. A complete remote pickup broadcast facility consisting of one or more mobile stations and/or one or\n more base stations authorized pursuant to a single license.\n\n[41 FR 29686, July 19, 1976, as amended at 42 FR 14728, Mar. 16, 1977; 47 FR 28388, June 30, 1982; 47 FR 54448, Dec. 3, 1982;\n51 FR 4601, Feb. 6, 1986]\n\n\n§ 74.402 Frequency assignment.\nOperation on all channels listed in this section (except: frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and\nfrequencies listed in paragraphs (a)(4) and (c)(1) of this section shall be in accordance with the “priority of use”\nprovisions in § 74.403(b)). The channel will be assigned by its center frequency, channel bandwidth, and emission\ndesignator. In general, the frequencies listed in this section represent the center of the channel or channel segment.\nWhen an even number of channels are stacked in those sections stacking is permitted, channel assignments may\nbe made for the frequency halfway between those listed.\n\n (a) The following channels may be assigned for use by broadcast remote pickup stations using any emission\n (other than single sideband or pulse) that will be in accordance with the provisions of § 74.462.\n\n (1) [Reserved]\n\n (2) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09, 26.11, 26.13, 26.15, 26.17, 26.19, 26.21,\n 26.23, 26.25, 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz. The\n channels 25.87–26.09 MHz are subject to the condition listed in paragraph (e)(2) of this section.\n\n (3) VHF Channels: 166.25 and 170.15 MHz. These channels are subject to the condition listed in\n paragraph (e)(8) of this section.\n\n (4) UHF Channels: Up to two of the following 6.25 kHz segments may be stacked to form a channel\n which may be assigned for use by broadcast remote pickup stations using any emission contained\n within the resultant channel in accordance with the provisions of § 74.462: 450.00625 MHz,\n 450.0125 MHz, 450.01875 MHz, 450.025 MHz, 450.98125 MHz, 450.9875 MHz, 450.99375 MHz,\n 455.00625 MHz, 455.0125 MHz, 455.01875 MHz, 455.025 MHz, 455.98125 MHz, 455.9875 MHz,\n and 455.99375 MHz. These channels are subject to the condition listed in paragraph (e)(9) of this\n section.\n\n (b) Up to four of the following 7.5 kHz VHF segments and up to eight of the following 6.25 kHz UHF segments\n may be stacked to form a channel which may be assigned for use by broadcast remote pickup stations\n using any emission contained within the resultant channel in accordance with the provisions of § 74.462.\n\n\n\n47 CFR 74.402(b) (enhanced display) page 19 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.402(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925, 152.900, 152.9075, 152.915,\n 152.9225, 152.930, 152.9375, 152.945, 152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990,\n 152.9975, 153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050, 153.0575, 153.065,\n 153.0725, 153.080, 153.0875, 153.095, 153.1025, 153.110, 153.1175, 153.125, 153.1325, 153.140,\n 153.1475, 153.155, 153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075, 153.215,\n 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260, 153.2675, 153.275, 153.2825, 153.290,\n 153.2975, 153.305, 153.3125, 153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These\n channels are subject to the conditions listed in paragraphs (e)(3), (4), (5), and (10) of this section.\n\n (2) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890, 160.8975, 160.905, 160.9125,\n 160.920, 160.9275, 160.935, 160.9425, 160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875,\n 160.995, 161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475, 161.055, 161.0625,\n 161.070, 161.0775, 161.085, 161.0925, 161.100, 161.1075, 161.115, 161.1225, 161.130, 161.1375,\n 161.145, 161.1525, 161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205, 161.2125,\n 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575, 161.265, 161.2725, 161.280, 161.2875,\n 161.295, 161.3025, 161.310, 161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625,\n 161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are subject to the condition listed\n in paragraph (e)(6) and (10) of this section.\n\n (3) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655, 161.6625, 161.670, 161.6775,\n 161.685, 161.6925, 161.700, 161.7075, 161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525,\n 161.760, 161.7675, 161.775. These channels are subject to the conditions listed in paragraphs (e)(4),\n (7), and (10) of this section.\n\n (4) UHF segments: 450.03125, 450.0375, 450.04375, 450.050, 450.05625, 450.0625, 450.06875,\n 450.075, 450.08125, 450.0875, 450.09375, 450.100, 450.10625, 450.1125, 450.11875, 450.125,\n 450.13125, 450.1375, 450.14375, 450.150, 450.15625, 450.1625, 450.16875, 450.175, 450.18125,\n 450.1875, 450.19375, 450.200, 450.20625, 450.2125, 450.21875, 450.225, 450.23125, 450.2375,\n 450.24375, 450.250, 450.25625, 450.2625, 450.26875, 450.275, 450.28125, 450.2875, 450.29375,\n 450.300, 450.30625, 450.3125, 450.31875, 450.325, 450.33125, 450.3375, 450.34375, 450.350,\n 450.35625, 450.3625, 450.36875, 450.375, 450.38125, 450.3875, 450.39375, 450.400, 450.40625,\n 450.4125, 450.41875, 450.425, 450.43125, 450.4375, 450.44375, 450.450, 450.45625, 450.4625,\n 450.46875, 450.475, 450.48125, 450.4875, 450.49375, 450.500, 450.50625, 450.5125, 450.51875,\n 450.525, 450.53125, 450.5375, 450.54375, 450.550, 450.55625, 450.5625, 450.56875, 450.575,\n 450.58125, 450.5875, 450.59375, 450.600, 450.60625, 450.6125, 450.61875, 455.03125, 455.0375,\n 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 455.075, 455.08125, 455.0875, 455.09375,\n 455.100, 455.10625, 455.1125, 455.11875, 455.125, 455.13125, 455.1375, 455.14375, 455.150,\n 455.15625, 455.1625, 455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200, 455.20625,\n 455.2125, 455.21875, 455.225, 455.23125, 455.2375, 455.24375, 455.250, 455.25625, 455.2625,\n 455.26875, 455.275, 455.28125, 455.2875, 455.29375, 455.300, 455.30625, 455.3125, 455.31875,\n 455.325, 455.33125, 455.3375, 455.34375, 455.350, 455.35625, 455.3625, 455.36875, 455.375,\n 455.38125, 455.3875, 455.39375, 455.400, 455.40625, 455.4125, 455.41875, 455.425, 455.43125,\n 455.4375, 455.44375, 455.450, 455.45625, 455.4625, 455.46875, 455.475, 455.48125, 455.4875,\n 455.49375, 455.500, 455.50625, 455.5125, 455.51875, 455.525, 455.53125, 455.5375, 455.54375,\n 455.550, 455.55625, 455.5625, 455.56875, 455.575, 455.58125, 455.5875, 455.59375, 455.600,\n 455.60625, 455.6125, 455.61875.\n\n\n\n\n47 CFR 74.402(b)(4) (enhanced display) page 20 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.402(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) Up to two of the following 25 kHz segments may be stacked to form a channel which may be assigned for\n use by broadcast remote pickup stations using any emission contained within the resultant channel in\n accordance with the provisions of § 74.462. Users committed to 50 kHz bandwidths and transmitting\n program material will have primary use of these channels.\n\n (1) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375, 450.7625, 450.7875, 450.8125,\n 450.8375, 450.8625, 455.6375, 455.6625, 455.6875, 455.7125, 455.7375, 455.7625, 455.7875,\n 455.8125, 455.8375, 455.8625 MHz.\n\n (2) [Reserved]\n\n (d) Up to two of the following 50 kHz segments may be stacked to form a channel which may be assigned for\n use by broadcast remote pickup stations using any emission contained within the resultant channel in\n accordance with the provisions of § 74.462. Users committed to 100 kHz bandwidths and transmitting\n program material will have primary use of these channels.\n\n (1) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz.\n\n (2) [Reserved]\n\n (e) Conditions on Broadcast Remote Pickup Service channel usage as referred to in paragraphs (a) through\n (d) of this section:\n\n (1) [Reserved]\n\n (2) Operation is subject to the condition that no harmful interference is caused to stations in the\n broadcast service.\n\n (3) Operation is subject to the condition that no harmful interference is caused to stations operating in\n accordance with the Table of Frequency Allocations set forth in part 2 of this chapter. Applications\n for licenses to use frequencies in this band must include statements showing what procedures will\n be taken to ensure that interference will not be caused to stations in the Industrial/Business Pool\n (Part 90).\n\n (4) These frequencies will not be licensed to network entities.\n\n (5) These frequencies will not be authorized to new stations for use on board aircraft.\n\n (6) These frequencies are allocated for assignment to broadcast remote pickup stations in Puerto Rico\n or the Virgin Islands only.\n\n\n Note to paragraph (e)(6): These frequencies are shared with Public Safety and Industrial/\n Business Pools (Part 90).\n\n (7) These frequencies may not be used by broadcast remote pickup stations in Puerto Rico or the Virgin\n Islands. In other areas, certain existing stations in the Public Safety and Industrial/Business Pools\n (Part 90) have been permitted to continue operation on these frequencies on the condition that no\n harmful interference is caused to broadcast remote pickup stations.\n\n (8) Operation on frequencies 166.25 MHz and 170.15 MHz is subject to the condition that harmful\n interference shall not be caused to present or future Government stations in the band 162–174 MHz\n and is also subject to the bandwidth and tolerance limitations and compliance deadlines listed in §\n 74.462 of this part. Authorization on these frequencies shall be in the lower 48 contiguous States\n\n47 CFR 74.402(e)(8) (enhanced display) page 21 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.402(e)(9)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n only, except within the area bounded on the west by the Mississippi River, on the north by the parallel\n of latitude 37°30′ N., and on the east and south by that arc of the circle with center at Springfield,\n Illinois, and radius equal to the airline distance between Springfield, Illinois, and Montgomery,\n Alabama, subtended between the foregoing west and north boundaries, or within 150 miles (241.4\n km) of New York City.\n\n (9) The use of these frequencies is limited to operational communications, including tones for signaling\n and for remote control and automatic transmission system control and telemetry. Stations licensed\n or applied for before April 16, 2003, must comply with the channel plan by March 17, 2006, or may\n continue to operate on a secondary, non-interference basis.\n\n (10) Stations licensed or applied for before April 16, 2003, must comply with the channel plan by March\n 17, 2006, or may continue to operate on a secondary, non-interference basis.\n\n (f) License applicants shall request assignment of only those channels, both in number and bandwidth,\n necessary for satisfactory operation and for which the system is equipped to operate. However, it is not\n necessary that each transmitter within a system be equipped to operate on all frequencies authorized to\n that licensee.\n\n (g) Remote pickup stations or systems will not be granted exclusive channel assignments. The same channel\n or channels may be assigned to other licensees in the same area. When such sharing is necessary, the\n provisions of § 74.403 shall apply.\n\n[68 FR 12763, Mar. 17, 2003, as amended at 68 FR 25540, May 13, 2003]\n\n\n§ 74.403 Frequency selection to avoid interference.\n (a) Where two or more remote pickup broadcast station licensees are authorized to operate on the same\n frequency or group of frequencies in the same area and when simultaneous operation is contemplated,\n the licensees shall endeavor to select frequencies or schedule operation in such manner as to avoid\n mutual interference. If mutual agreement to this effect cannot be reached the Commission shall be\n notified and it will specify the frequency or frequencies on which each station is to be operated.\n\n (b) The following order of priority of transmissions shall be observed on all frequencies except frequencies\n 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed in § 74.402(a)(4) and (c)(1):\n\n (1) Communications during an emergency or pending emergency directly related to the safety of life and\n property.\n\n (2) Program material to be broadcast.\n\n (3) Cues, orders, and other related communications immediately necessary to the accomplishment of a\n broadcast.\n\n (4) Operational communications.\n\n (5) Tests or drills to check the performance of stand-by or emergency circuits.\n\n[41 FR 29686, July 19, 1976, as amended at 68 FR 12764, Mar. 17, 2003]\n\n\n\n\n47 CFR 74.403(b)(5) (enhanced display) page 22 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.431\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.431 Special rules applicable to remote pickup stations.\n (a) Remote pickup mobile stations may be used for the transmission of material from the scene of events\n which occur outside the studio back to studio or production center. The transmitted material shall be\n intended for the licensee's own use and may be made available for use by any other broadcast station or\n cable system.\n\n (b) Remote pickup mobile or base stations may be used for communications related to production and\n technical support of the remote program. This includes cues, orders, dispatch instructions, frequency\n coordination, establishing microwave links, and operational communications. Operational\n communications are alerting tones and special signals of short duration used for telemetry or control.\n\n (c) Remote pickup mobile or base stations may communicate with any other station licensed under this\n subpart.\n\n (d) Remote pickup mobile stations may be operated as a vehicular repeater to relay program material and\n communications between stations licensed under this subpart. Precautions shall be taken to avoid\n interference to other stations and the vehicular repeater shall only be activated by hand-carried or pack-\n carried units.\n\n (e) The output of hand-carried or pack-carried transmitter units used with a vehicular repeater is limited to 2.5\n watts. The output of a vehicular repeater transmitter used as a talkback unit on an additional frequency is\n limited to 2.5 watts.\n\n (f) Remote pickup base and mobile stations in Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands may\n be used for any purpose related to the programming or technical operation of a broadcasting station,\n except for transmission intended for direct reception by the general public.\n\n (g) [Reserved]\n\n (h) In the event that normal aural studio to transmitter circuits are damaged, stations licensed under Subpart\n D may be used to provide temporary circuits for a period not exceeding 30 days without further authority\n from the Commission necessary to continue broadcasting.\n\n (i) Remote pickup mobile or base stations may be used for activities associated with the Emergency Alert\n System (EAS) and similar emergency survival communications systems. Drills and test are also permitted\n on these stations, but the priority requirements of § 74.403(b) must be observed in such cases.\n\n[51 FR 4602, Feb. 6, 1986, as amended at 68 FR 12764, Mar. 17, 2003]\n\n\n§ 74.432 Licensing requirements and procedures.\n (a) A license for a remote pickup station will be issued to: the licensee of an AM, FM, noncommercial FM, low\n power FM, TV, Class A TV, international broadcast or low power TV station; broadcast network-entity; or\n cable network-entity.\n\n (b) Base stations may operate as automatic relay stations on the frequencies listed in § 74.402(b)(4) and\n (c)(1) under the provisions of § 74.436, however, one licensee may not operate such stations on more\n than two frequency pairs in a single area.\n\n (c) Base stations may use voice communications between the studio and transmitter or points of any\n intercity relay system on frequencies in Groups I and J.\n\n\n47 CFR 74.432(c) (enhanced display) page 23 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.432(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (d) Base stations may be authorized to establish standby circuits from places where official broadcasts may\n be made during times of emergency and circuits to interconnect an emergency survival communications\n system.\n\n (e) In Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands, base stations may provide program circuits\n between the studio and transmitter or to relay programs between broadcasting stations. A base station\n may be operated unattended in accordance with the following:\n\n (1) The station must be designed, installed, and protected so that the transmitter can only be activated\n or controlled by persons authorized by the licensee.\n\n (2) The station must be equipped with circuits to prevent transmitter operation when no signal is\n received from the station which it is relaying.\n\n (f) Remote pickup stations may use only those frequencies and bandwidths which are necessary for\n operation.\n\n (g) An application for a remote pickup broadcast station or system shall specify the broadcasting station with\n which the remote pickup broadcast facility is to be principally used and the licensed area of operation for\n a system which includes mobile stations shall be the area considered to be served by the associated\n broadcasting station. Mobile stations may be operated outside the licensed area of operation pursuant to\n § 74.24 of this part. Where the applicant for remote pickup broadcast facilities is the licensee of more\n than one class of broadcasting station (AM, FM, TV), all licensed to the same community, designation of\n one such station as the associated broadcasting station will not preclude use of the remote pickup\n broadcast facilities with those broadcasting stations not included in the designation and such additional\n use shall be at the discretion of the licensee.\n\n (h) In cases where a series of broadcasts are to be made from the same location, portable or mobile\n transmitters may be left at such location for the duration of the series of broadcasts: Provided, The\n transmitting apparatus is properly secured so that it may not be operated by unauthorized persons when\n unattended. Prior Commission authority shall be obtained for the installation of any transmitting antenna\n which requires notification to the FAA, pursuant to § 17.7 of the Commission's rules and regulations, and\n which will be in existence for more than 2 days.\n\n (i) The location of each remote pickup broadcast base station will be specified in the station or system\n license and such stations may not be operated at any other location without prior authority of the\n Commission.\n\n (j) The license shall be retained in the licensee's files at the address shown on the authorization.\n\n (k) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee\n shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not\n operated for a period of one year is considered to have been permanently discontinued.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 47 FR 21496, May 18, 1982; 49 FR 14509, Apr. 12, 1984;\n51 FR 4602, Feb. 6, 1986; 58 FR 19775, Apr. 16, 1993; 60 FR 55482, Nov. 1, 1995; 65 FR 30011, May 10, 2000; 68 FR 12764, Mar.\n17, 2003; 84 FR 2759, Feb. 8, 2019]\n\n\n\n\n47 CFR 74.432(k) (enhanced display) page 24 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.433\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.433 Temporary authorizations.\n (a) Special temporary authority may be granted for remote pickup station operation which cannot be\n conducted in accordance with § 74.24. Such authority will normally be granted only for operations of a\n temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a\n regular authorization should be submitted.\n\n (b) A request for special temporary authority for the operation of a remote pickup broadcast station must be\n made in accordance with the procedures of § 1.931(b) of this chapter.\n\n (c) All requests for special temporary authority of a remote pickup broadcast station must include full\n particulars including: licensee's name and address, facility identification number of the associated\n broadcast station or stations, call letters of remote pickup station (if assigned), type and manufacturer of\n equipment, power output, emission, frequency or frequencies proposed to be used, commencement and\n termination date, location of operation and purpose for which request is made including any particular\n justification.\n\n (d) A request for special temporary authority shall specify a frequency or frequencies consistent with the\n provisions of § 74.402: Provided, That, in the case of events of wide-spread interest and importance which\n cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be\n requested upon a showing that operation thereon will not cause interference to established stations: And\n provided further, In no case will operation of a remote pickup broadcast station be authorized on\n frequencies employed for the safety of life and property.\n\n (e) The user shall have full control over the transmitting equipment during the period it is operated.\n\n (f) Special temporary authority to permit operation of remote pickup broadcast stations or systems pending\n Commission action on an application for regular authority will not normally be granted.\n\n[41 FR 29686, July 19, 1976, as amended at 47 FR 9220, Mar. 4, 1982; 47 FR 55936, Dec. 14, 1982; 50 FR 23709, June 5, 1985; 58\nFR 19775, Apr. 16, 1993; 68 FR 12765, Mar. 17, 2003]\n\n\n§ 74.434 Remote control operation.\n (a) A remote control system must provide adequate monitoring and control functions to permit proper\n operation of the station.\n\n (b) A remote control system must be designed, installed, and protected so that the transmitter can only be\n activated or controlled by persons authorized by the licensee.\n\n (c) A remote control system must prevent inadvertent transmitter operation caused by malfunctions in the\n circuits between the control point and transmitter.\n\n[51 FR 4602, Feb. 6, 1986, as amended at 60 FR 55482, Nov. 1, 1995]\n\n\n§ 74.436 Special requirements for automatic relay stations.\n (a) An automatic relay station must be designed, installed, and protected so that the transmitter can only be\n activated or controlled by persons authorized by the licensee.\n\n (b) An automatic relay station may accomplish retransmission of the incoming signals by either heterodyne\n frequency conversion or by modulating the transmitter with the demodulated incoming signals.\n\n\n47 CFR 74.436(b) (enhanced display) page 25 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.436(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) An automatic relay station transmitter may relay the demodulated incoming signals from one or more\n receivers.\n\n[51 FR 4602, Feb. 6, 1986, as amended at 60 FR 55483, Nov. 1, 1995]\n\n\n§ 74.451 Certification of equipment.\n (a) Applications for new remote pickup broadcast stations or systems or for changing transmitting\n equipment of an existing station will not be accepted unless the transmitters to be used have been\n certificated by the FCC pursuant to the provisions of this subpart, or have been certificated for licensing\n under part 90 of this chapter and do not exceed the output power limits specified in § 74.461(b).\n\n (b) Any manufacturer of a transmitter to be used in this service may apply for certification for such\n transmitter following the certification procedure set forth in part 2 of the Commission's rules and\n regulations. Attention is also directed to part 1 of the Commission's rules and regulations which specifies\n the fees required when filing an application for certification.\n\n (c) An applicant for a remote pickup broadcast station or system may also apply for certification for an\n individual transmitter by following the certification procedure set forth in part 2 of the Commission's rules\n and regulations.\n\n (d) All transmitters marketed for use under this subpart shall be certificated by the Federal Communications\n Commission. (Refer to subpart J of part 2 of the Commission's Rules and Regulations.)\n\n (e) Remote pickup broadcast station equipment authorized to be used pursuant to an application accepted\n for filing prior to December 1, 1977, may continue to be used by the licensee or its successors or\n assignees: Provided, however, If operation of such equipment causes harmful interference due to its\n failure to comply with the technical standards set forth in this subpart, the Commission may, at its\n discretion, require the licensee to take such corrective action as is necessary to eliminate the interference.\n\n (f) Each instrument of authority which permits operation of a remote pickup broadcast station or system\n using equipment which has not been certificated will specify the particular transmitting equipment which\n the licensee is authorized to use.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[41 FR 29686, July 19, 1976, as amended at 42 FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, 1977; 43 FR 14661, Apr. 7, 1978;\n45 FR 28142, Apr. 28, 1980; 63 FR 36604, July 7, 1998; 68 FR 12765, Mar. 17, 2003]\n\n\n§ 74.452 Equipment changes.\n (a) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this\n chapter.\n\n (b) All transmitters initially installed after November 30, 1977, must be certificated for use in this service or\n other service as specified in § 74.451(a).\n\n[68 FR 12765, Mar. 17, 2003]\n\n\n\n\n47 CFR 74.452(b) (enhanced display) page 26 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.461\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.461 Transmitter power.\n (a) Transmitter power is the power at the transmitter output terminals and delivered to the antenna, antenna\n transmission line, or any other impedance-matched, radio frequency load. For the purpose of this Subpart,\n the transmitter power is the carrier power.\n\n (b) The authorized transmitter power for a remote pickup broadcast station shall be limited to that necessary\n for satisfactory service and, in any event, shall not be greater than 100 watts, except that a station to be\n operated aboard an aircraft shall normally be limited to a maximum authorized power of 15 watts.\n Specific authorization to operate stations on board aircraft with an output power exceeding 15 watts will\n be issued only upon an adequate engineering showing of need, and of the procedures that will be taken to\n avoid harmful interference to other licensees.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[41 FR 29686, July 19, 1976, as amended at 43 FR 14662, Apr. 7, 1978]\n\n\n§ 74.462 Authorized bandwidth and emissions.\n (a) Each authorization for a new remote pickup broadcast station or system shall require the use of\n certificated equipment and such equipment shall be operated in accordance with emission specifications\n included in the grant of certification and as prescribed in paragraphs (b), (c), and (d) of this section.\n\n (b) The maximum authorized bandwidth of emissions corresponding to the types of emissions specified\n below, and the maximum authorized frequency deviation in the case of frequency or phase modulated\n emission, shall be as follows:\n\n Maximum\n Authorized bandwidth frequency\n Frequencies Type of emission2\n (kHz) deviation1\n (kHz)\n MHz:\n 25.87 to 40 10 Frequencies 25.87 to\n 26.03 20 5 153.3575 MHz: A3E,\n 26.07 to 30/60 5/10 F1E, F3E, F9E.\n 26.47\n 152.8625\n to\n 153.35753\n 160.860 60 10\n to\n 161.400\n 161.625 30 5\n to\n 161.775\n 166.25 12.5/25 5\n and\n 170.154\n 450.00625 Frequencies 160.860 to 455.950 MHz: A1A, A1B,\n\n47 CFR 74.462(b) (enhanced display) page 27 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.462(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Maximum\n Authorized bandwidth frequency\n Frequencies Type of emission2\n (kHz) deviation1\n (kHz)\n to A1D, A1E, A2A, A2B, A2D, A2E, A3E, F1A, F1B, F1D,\n 450.025 F1E, F2A, F2B, F2D, F2E, F3E, F9E\n 450.98125\n to\n 450.99375\n 455.00625\n to\n 455.025\n 455.98125\n to\n 455.99375\n\n\n\n Up to 12.5\n\n\n\n 1.5\n 450.03125\n to\n 450.61875\n 455.03125 Up to 25 5\n to\n 455.61875\n 450.6375\n to\n 450.8625\n 455.6375 25–50 10\n to\n 455.8625\n 450.900,\n 450.950\n 455.900, 50–100 35\n 455.950\n\n 1 Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used.\n\n 2Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A,\n A2B, A2D, A2E, F1A, F1B, F1D, F1E, F2A, F2B, F2D, or F2E emission.\n\n 3New or modified licenses for use of the frequencies will not be granted to utilize transmitters on\n board aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz\n\n\n\n\n47 CFR 74.462(b) (enhanced display) page 28 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.462(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n 4For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission\n and tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such\n operation may continue until January 1, 2005. For new stations licensed or applied for on or after\n April 16, 2003, the sum of the bandwidth of emission and tolerance on these frequencies shall not\n exceed 12.5 kHz. For all remote pickup broadcast stations, the sum of the bandwidth of emission\n and tolerance on these frequencies shall not exceed 12.5 kHz on or after January 1, 2005.\n\n (c) For emissions on frequencies above 25 MHz with authorized bandwidths up to 30 kHz, the emissions\n shall comply with the emission mask and transient frequency behavior requirements of §§ 90.210 and\n 90.214 of this chapter. For all other emissions, the mean power of emissions shall be attenuated below\n the mean output power of the transmitter in accordance with the following schedule:\n\n (1) On any frequency removed from the assignment frequency by more than 50 percent up to and\n including 100 percent of the authorized bandwidth: at least 25 dB:\n\n (2) On any frequency removed from the assigned frequency by more than 100 percent up to and\n including 250 percent of the authorized bandwidth: at least 35 dB;\n\n (3) On any frequency removed from the assigned frequency by more than 250 percent on the authorized\n bandwidth; at least 43 plus 10 log10 (mean output power, in watts) dB.\n\n (d) In the event a station's emissions outside its authorized channel cause harmful interference, the\n Commission may, at its discretion, require the licensee to take such further steps as may be necessary to\n eliminate the interference.\n\n\n Note: The measurements of emission power can be expressed in peak or mean values provided\n they are expressed in the same parameters as the unmodulated transmitter carrier power.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[41 FR 29686, July 19, 1976, as amended at 41 FR 32429, Aug. 3, 1976; 41 FR 35068, Aug. 19, 1976; 43 FR 14662, Apr. 7, 1978; 43\nFR 38391, Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979; 56 FR 28498, June 21, 1991; 63 FR 36604, July 7, 1998; 68 FR 12765, Mar.\n17, 2003; 68 FR 25540, May 13, 2003]\n\n\n§ 74.463 Modulation requirements.\n (a) Each new remote pickup broadcast station authorized to operate with a power output in excess of 3 watts\n shall be equipped with a device which will automatically prevent modulation in excess of the limits set\n forth in this subpart.\n\n (b) If amplitude modulation is employed, modulation shall not exceed 100 percent on negative peaks.\n\n (c) If frequency modulation is employed, emission shall conform to the requirements specified in § 74.462.\n\n[41 FR 29686, July 19, 1976, as amended at 47 FR 54448, Dec. 3, 1982]\n\n\n\n\n47 CFR 74.463(c) (enhanced display) page 29 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.464\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.464 Frequency tolerance.\nFor operations on frequencies above 25 MHz using authorized bandwidths up to 30 kHz, the licensee of a remote\npickup broadcast station or system shall maintain the operating frequency of each station in compliance with the\nfrequency tolerance requirements of § 90.213 of this chapter. For all other operations, the licensee of a remote\npickup broadcast station or system shall maintain the operating frequency of each station in accordance with the\nfollowing:\n\n Tolerance (percent)\n Frequency range\n Base station Mobile station\n 25 to 30 MHz:\n 3 W or less .002 .005\n Over 3 W .002 .002\n 30 to 300 MHz:\n 3 W or less .0005 .005\n Over 3 W .0005 .0005\n 300 to 500 MHz, all powers .00025 .0005\n\n\n(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303))\n\n[41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 43 FR 38391, Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979;\n68 FR 12766, Mar. 17, 2003; 68 FR 25540, May 13, 2003]\n\n\n§ 74.465 Frequency monitors and measurements.\nThe licensee of a remote pickup station or system shall provide the necessary means to assure that all operating\nfrequencies are maintained within the allowed tolerances.\n\n[51 FR 4603, Feb. 6, 1986]\n\n\n§ 74.482 Station identification.\n (a) Each remote pickup broadcast station shall be identified by the transmission of the assigned station or\n system call sign, or by the call sign of the associated broadcast station. For systems, the licensee\n (including those operating pursuant to § 74.24 of this part) shall assign a unit designator to each station\n in the system. The call sign (and unit designator, where appropriate) shall be transmitted at the beginning\n and end of each period of operation. A period of operation may consist of a single continuous\n transmission, or a series of intermittent transmissions pertaining to a single event.\n\n (b) In cases where a period of operation is of more than one hour duration identification of remote pickup\n broadcast stations participating in the operation shall be made at approximately one-hour intervals.\n Identification transmissions during operation need not be made when to make such transmissions would\n interrupt a single consecutive speech, play, religious service, symphony, concert, or any type of\n production. In such cases, the identification transmissions shall be made at the first interruption in the\n program continuity and at the conclusion thereof. Hourly identification may be accomplished either by\n transmission of the station or system call sign and unit designator assigned to the individual station or\n identification of an associated broadcasting station or network with which the remote pickup broadcast\n station is being used.\n47 CFR 74.482(b) (enhanced display) page 30 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.482(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) In cases where an automatic relay station is a part of the circuit, the call sign of the relay transmitter may\n be transmitted automatically by the relay transmitter or by the remote pickup broadcast base or mobile\n station that actuates the automatic relay station.\n\n (d) Automatically activated equipment may be used to transmit station identification in International Morse\n Code, provided that the modulation tone is 1200 Hz±800 Hz, the level of modulation of the identification\n signal is maintained at 40%±10%, and that the code transmission rate is maintained between 20 and 25\n words per minute.\n\n (e) For stations using F1E or G1E emissions, identification shall be transmitted in the unscrambled analog\n (F3E) mode or in International Morse Code pursuant to the provisions of paragraph (d) of this section at\n intervals not to exceed 15 minutes. For purposes of rule enforcement, all licensees using F1E or G1E\n emissions shall provide, upon request by the Commission, a full and complete description of the encoding\n methodology they currently use.\n\n\n Note: Stations are encouraged to identify using their associated part 73 station call sign.\n\n\n[41 FR 29686, July 19, 1976, as amended at 47 FR 9220, Mar. 4, 1982; 52 FR 47569, Dec. 15, 1987; 56 FR 28499, June 21, 1991;\n68 FR 12766, Mar. 17, 2003]\n\n\nSubpart E—Aural Broadcast Auxiliary Stations\n§ 74.501 Classes of aural broadcast auxiliary stations.\n (a) Aural broadcast STL station. A fixed station for the transmission of aural program material between the\n studio and the transmitter of a broadcasting station other than an international broadcasting station.\n\n (b) Aural broadcast intercity relay (ICR) station. A fixed station for the transmission of aural program material\n between radio broadcast stations, other than international broadcast stations, between FM radio\n broadcast stations and their co-owned FM booster stations, between noncommercial educational FM\n radio stations and their co-owned noncommercial educational FM translator stations assigned to\n reserved channels (Channels 201 to 220), between FM radio stations and FM translator stations operating\n within the coverage contour of their primary stations, or for such other purposes as authorized in §\n 74.531.\n\n (c) Aural broadcast microwave booster station. A fixed station in the broadcast auxiliary service that receives\n and amplifies signals of an aural broadcast STL or intercity relay station and retransmits them on the\n same frequency.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 49 FR 7129, Feb. 27, 1984; 53 FR 4169, Feb. 12, 1988; 55 FR 50692, Dec. 10, 1990; 57\nFR 41111, Sept. 9, 1992]\n\n\n§ 74.502 Frequency assignment.\n (a) Except as provided in NG30, broadcast auxiliary stations licensed as of November 21, 1984, to operate in\n the band 942–944 MHz[1] may continue to operate on a co-equal, primary basis to other stations and\n services operating in the band in accordance with the Table of Frequency Allocations. These stations will\n be protected from possible interference caused by new users of the band by the technical standards\n specified in § 101.105(c)(2).\n\n\n47 CFR 74.502(a) (enhanced display) page 31 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.502(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n\n (b) The frequency band 944–952 MHz is available for assignment to aural STL and ICR stations. One or more\n of the following 25 kHz segments may be stacked to form a channel which may be assigned with a\n maximum authorized bandwidth of 300 kHz except as noted in the following Table. The channel, will be\n assigned by its center frequency, channel bandwidth, and emission designator. The following frequencies\n are the centers of individual segments. When stacking an even number of segments, the center frequency\n specified will deviate from the following frequencies in that it should correspond to the actual center of\n stacked channels. When stacking an odd number of channels, the center frequency specified will\n correspond to one of the following frequencies.\n\n 944.0125, 944.0375, 944.0625, 944.0875, 944.1125, 944.1375, 944.1625, 944.1875, 944.2125, 944.2375,\n 944.2625, 944.2875, 944.3125, 944.3375, 944.3625, 944.3875, 944.4125, 944.4375, 944.4625, 944.4875,\n 944.5125, 944.5375, 944.5625, 944.5875, 944.6125, 944.6375, 944.6625, 944.6875, 944.7125, 944.7375,\n 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, 944.8875, 944.9125, 944.9375, 944.9625, 944.9875,\n 945.0125, 945.0375, 945.0625, 945.0875, 945.1125, 945.1375, 945.1625, 945.1875, 945.2125, 945.2375,\n 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, 945.3875, 945.4125, 945.4375, 945.4625, 945.4875,\n 945.5125, 945.5375, 945.5625, 945.5875, 945.6125, 945.6375, 945.6625, 945.6875, 945.7125, 945.7375,\n 945.7625, 945.7875, 945.8125, 945.8375, 945.8625, 945.8875, 945.9125, 945.9375, 945.9625, 945.9875,\n 946.0125, 946.0375, 946.0625, 946.0875, 946.1125, 946.1375, 946.1625, 946.1875, 946.2125, 946.2375,\n 946.2625, 946.2875, 946.3125, 946.3375, 946.3625, 946.3875, 946.4125, 946.4375, 946.4625, 946.4875,\n 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, 946.6375, 946.6625, 946.6875, 946.7125, 946.7375,\n 946.7625, 946.7875, 946.8125, 946.8375, 946.8625, 946.8875, 946.9125, 946.9375, 946.9625, 946.9875,\n 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, 947.1375, 947.1625, 947.1875, 947.2125, 947.2375,\n 947.2625, 947.2875, 947.3125, 947.3375, 947.3625, 947.3875, 947.4125, 947.4375, 947.4625, 947.4875,\n 947.5125, 947.5375, 947.5625, 947.5875, 947.6125, 947.6375, 947.6625, 947.6875, 947.7125, 947.7375,\n 947.7625, 947.7875, 947.8125, 947.8375, 947.8625, 947.8875, 947.9125, 947.9375, 947.9625, 947.9875,\n 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, 948.1375, 948.1625, 948.1875, 948.2125, 948.2375,\n 948.2625, 948.2875, 948.3125, 948.3375, 948.3625, 948.3875, 948.4125, 948.4375, 948.4625, 948.4875,\n 948.5125, 948.5375, 948.5625, 948.5875, 948.6125, 948.6375, 948.6625, 948.6875, 948.7125, 948.7375,\n 948.7625, 948.7875, 948.8125, 948.8375, 948.8625, 948.8875, 948.9125, 948.9375, 948.9625, 948.9875,\n 949.0125, 949.0375, 949.0625, 949.0875, 949.1125, 949.1375, 949.1625, 949.1875, 949.2125, 949.2375,\n 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, 949.3875, 949.4125, 949.4375, 949.4625, 949.4875,\n 949.5125, 949.5375, 949.5625, 949.5875, 949.6125, 949.6375, 949.6625, 949.6875, 949.7125, 949.7375,\n 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, 949.8875, 949.9125, 949.9375, 949.9625, 949.9875,\n 950.0125, 950.0375, 950.0625, 950.0875, 950.1125, 950.1375, 950.1625, 950.1875, 950.2125, 950.2375,\n 950.2625, 950.2875, 950.3125, 950.3375, 950.3625, 950.3875, 950.4125, 950.4375, 950.4625, 950.4875,\n 950.5125, 950.5375, 950.5625, 950.5875, 950.6125, 950.6375, 950.6625, 950.6875, 950.7125, 950.7375,\n 950.7625, 950.7875, 950.8125, 950.8375, 950.8625, 950.8875, 950.9125, 950.9375, 950.9625, 950.9875,\n 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 951.1375, 951.1625, 951.1875, 951.2125, 951.2375,\n 951.2625, 951.2875, 951.3125, 951.3375, 951.3625, 951.3875, 951.4125, 951.4375, 951.4625, 951.4875,\n 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, 951.6375, 951.6625, 951.6875, 951.7125, 951.7375,\n 951.7625, 951.7875, 951.8125, 951.8375, 951.8625, 951.8875, 951.9125, 951.9375, 951.9625, 951.9875.\n\n\n\n\n [1]\n NOTE: In addition to this band, stations in Puerto Rico may continue to be authorized on 942.5, 943.0, 943.5,\n 944.0 MHz in the band 942–944 MHz on a primary basis to stations and services operating in accordance\n with the Table of Frequency Allocations.\n\n47 CFR 74.502(b) (enhanced display) page 32 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.502(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) A single broadcast station may be authorized up to a maximum of twenty segments (500 kHz total\n bandwidth) for transmission of program material between a single origin and one or more\n designations. The station may lease excess capacity for broadcast and other uses on a secondary\n basis, subject to availability of spectrum for broadcast use. However, an FM station licensed for\n twelve or fewer segments (300 kHz total bandwidth) or an AM station licensed for eight or fewer\n segments (200 kHz total bandwidth) may lease excess capacity for broadcast and other uses on a\n primary basis.\n\n (2) An applicant (new or modification of existing license) may assume the cost of replacement of one or\n more existing licensees equipment with narrowband equipment of comparable capabilities and\n quality in order to make available spectrum for its facilities. Existing licensees must accept such\n replacement without cost to them except upon a showing that the replacement equipment does not\n meet the capability or quality requirements.\n\n (c) Aural broadcast STL and intercity relay stations that were licensed or had applications pending before the\n Commission as of September 18, 1998 may continue those operations in the band 18,760–18,820 and\n 19,100–19,160 MHz on a shared co-primary basis with other services under parts 21, 25, and 101 of this\n chapter until June 8, 2010. Prior to June 8, 2010, such stations are subject to relocation by licensees in\n the fixed-satellite service. Such relocation is subject to the provisions of §§ 101.85 through 101.97 of this\n chapter. After June 8, 2010, such operations are not entitled to protection from fixed-satellite service\n operations and must not cause unacceptable interference to fixed-satellite service station operations. No\n applications for new licenses will be accepted in these bands after June 8, 2000.\n\n (1) (i) 5 MHz maximum authorized bandwidth channels:\n\n Receive\n Transmit (receive) (MHz) (transmit)\n (MHz)\n 340 MHz Separation\n 18762.5 19102.5\n 18767.5 19107.5\n 18772.5 19112.5\n 18777.5 19117.5\n 18782.5 19122.5\n 18787.5 19127.5\n 18792.5 19132.5\n 18797.5 19137.5\n 18802.5 19142.5\n 18807.5 19147.5\n 18812.5 19152.5\n 18817.5 19157.5\n\n\n (ii) Licensees may use either a two-way link or one frequency of a frequency pair for a one-way link.\n\n (2) [Reserved]\n\n\n\n\n47 CFR 74.502(c)(2) (enhanced display) page 33 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.502(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (d) For the coordination of all frequency assignments for fixed stations above 944 MHz, for each frequency\n authorized under this part, the interference protection criteria in § 101.105(a), (b), and (c) of this chapter\n and the frequency usage coordination procedures of § 101.103(d) of this chapter will apply.\n\n (e) The use of the frequencies listed in paragraph (b) of this section by aural broadcast intercity relay stations\n is subject to the condition that no harmful interference is caused to other classes of stations operating in\n accordance with the Table of Frequency Allocations contained in § 2.106 of this chapter.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 48 FR 50332, Nov. 1, 1983; 49 FR 37777, Sept. 26, 1984; 50 FR 4658, Feb. 1, 1985; 50\nFR 7341, Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, Nov. 26, 1985; 54 FR 10329, Mar. 13, 1989; 54 FR 24905, June\n12, 1989; 54 FR 30043, July 18, 1989; 65 FR 38325, June 20, 2000; 65 FR 54172, Sept. 7, 2000; 68 FR 12766, Mar. 17, 2003; 68 FR\n16967, Apr. 8, 2003; 73 FR 25496, May 6, 2008]\n\n\n§ 74.503 Frequency selection.\n (a) Each application for a new station or change in an existing station shall be specific with regard to\n frequency. In general, the lowest suitable frequency will be assigned which, on an engineering basis, will\n not cause harmful interference to other stations operating in accordance with existing frequency\n allocations.\n\n (b) Where it appears that interference may result from the operation of a new station or a change in the\n facilities of an existing station, the Commission may require a showing that harmful interference will not\n be caused to existing stations or that if interference will be caused the need for the proposed service\n outweighs the loss of service due to the interference.\n\n[28 FR 13716, Dec. 14, 1963]\n\n\n§ 74.531 Permissible service.\n (a) An aural broadcast STL station is authorized to transmit aural program material between the studio and\n transmitter location of a broadcasting station, except an international broadcasting station, for\n simultaneous or delayed broadcast.\n\n (b) An aural broadcast intercity relay station is authorized to transmit aural program material between\n broadcasting stations, except international broadcasting stations, for simultaneous or delayed broadcast.\n\n (c) An aural broadcast intercity relay station is authorized to transmit aural program material between\n noncommercial educational FM radio stations and their co-owned noncommercial educational FM\n translator stations assigned to reserved channels (Channels 201 to 220) and between FM radio stations\n and FM translator stations operating within the coverage contour of their primary stations. This use shall\n not interfere with or otherwise preclude use of these broadcast auxiliary facilities by broadcast auxiliary\n stations transmitting aural programming between broadcast stations as provided in paragraph (b) of this\n section.\n\n (d) An aural broadcast STL or intercity relay may be used to transmit material between an FM broadcast radio\n station and an FM booster station owned, operated, and controlled by the licensee of the originating FM\n radio station. This use shall not interfere with or otherwise preclude use of these broadcast auxiliary\n facilities by broadcast auxiliary stations transmitting aural programming between the studio and\n transmitter location of a broadcast station or between broadcast stations as provided in paragraphs (a)\n and (b) of this section.\n\n47 CFR 74.531(d) (enhanced display) page 34 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.531(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (e) An aural broadcast microwave booster station is authorized to retransmit the signals of an aural\n broadcast STL or intercity relay station.\n\n (f) Multiplexing of the STL or intercity relay transmitter may be employed to provide additional\n communication channels for the transmission of aural program material, news-wire teleprinter signals\n relaying news to be associated with main channel programming, operational communications, and\n material authorized to be transmitted over an FM station under a valid Subsidiary Communications\n Authorization (SCA). An aural broadcast STL or intercity relay station may not be operated solely for the\n transmission of operational, teleprinter or subsidiary communications. Operational communications\n include cues, orders, and other communications directly related to the operation of the broadcast station\n as well as special signals used for telemetry or the control of apparatus used in conjunction with the\n broadcasting operations.\n\n (g) All program material, including subsidiary communications, transmitted over an aural broadcast STL or\n intercity relay station shall be intended for use by broadcast stations owned or under common control of\n the licensee or licensees of the STL or intercity relay station. Other broadcast stations may\n simultaneously utilize such program material with permission of the STL or intercity relay station licensee.\n\n (h) In any case where multiplexing, is employed on an aural broadcast STL station for the simultaneous\n transmission of more than one aural channel, the STL transmitter must be capable of transmitting the\n multiple channels within the channel on which the STL station is authorized to operate and with adequate\n technical quality so that each broadcast station utilizing the circuit can meet the technical performance\n standards stipulated in the rules governing that class of broadcasting station. If multiplex operation is\n employed during the regular operation of the STL station, the additional circuits shall be in operation at\n the time that the required periodic performance measurements are made of the overall broadcasting\n system from the studio microphone input circuit to the broadcast transmitter output circuit.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 45 FR 51564, Aug. 4, 1980; 52 FR 31403, Aug. 20, 1987; 55 FR 50693, Dec. 10, 1990;\n57 FR 41111, Sept. 9, 1992]\n\n\n§ 74.532 Licensing requirements.\n (a) An aural broadcast STL or an aural broadcast intercity relay station will be licensed only to the licensee or\n licensees of broadcast stations, including low power FM stations, other than international broadcast\n stations, and for use with broadcast stations owned entirely by or under common control of the licensee\n or licensees. An aural broadcast intercity relay station also will be licensed for use by low power FM\n stations, noncommercial educational FM translator stations assigned to reserved channels (Channels\n 201–220) and owned and operated by their primary station, by FM translator stations operating within the\n coverage contour of their primary stations, and by FM booster stations. Aural auxiliary stations licensed to\n low power FM stations will be assigned on a secondary basis; i.e., subject to the condition that no harmful\n interference is caused to other aural auxiliary stations assigned to radio broadcast stations. Auxiliary\n stations licensed to low power FM stations must accept any interference caused by stations having\n primary use of aural auxiliary frequencies.\n\n (b) More than one aural broadcast STL or intercity relay station may be licensed to a single licensee upon a\n satisfactory showing that the additional stations are needed to provide different program circuits to more\n than one broadcast station, to provide program circuits from other studios, or to provide one or more\n intermediate relay stations over a path which cannot be covered with a single station due to terrain or\n distance.\n\n\n47 CFR 74.532(b) (enhanced display) page 35 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.532(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) If more than one broadcast station or class of broadcast station is to be served by a single aural\n broadcast auxiliary station, this information must be stated in the application for construction permit or\n license.\n\n (d) Licensees of aural broadcast STL and intercity relay stations may be authorized to operate one or more\n aural broadcast microwave booster stations for the purpose of relaying signals over a path that cannot be\n covered with a single station.\n\n (e) Each aural broadcast auxiliary station will be licensed at a specified transmitter location to communicate\n with a specified receiving location, and the direction of the main radiation lobe of the transmitting antenna\n will be a term of the station authorization.\n\n (f) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee\n shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not\n operated for a period of one year is considered to have been permanently discontinued.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 49 FR 7129, Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 52 FR 31403, Aug. 20, 1987;\n55 FR 50693, Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 19775, Apr. 16, 1993; 65 FR 7649, Feb. 15, 2000; 68 FR 12766, Mar.\n17, 2003]\n\n\n§ 74.533 Remote control and unattended operation.\n (a) Aural broadcast STL and intercity relay stations may be operated by remote control provided that such\n operation is conducted in accordance with the conditions listed below:\n\n (1) The remote control system must provide adequate monitoring and control functions to permit proper\n operation of the station.\n\n (2) The remote control system must be designed, installed, and protected so that the transmitter can\n only be activated or controlled by persons authorized by the licensee.\n\n (3) The remote control system must prevent inadvertent transmitter operation due to malfunctions in\n circuits between the control point and transmitter.\n\n (b) Aural broadcast auxiliary stations may be operated unattended subject to the following provisions:\n\n (1) The transmitter shall be provided with adequate safeguards to prevent improper operation of the\n equipment.\n\n (2) The transmitter installation shall be adequately protected against tampering by unauthorized\n persons.\n\n (3) Whenever an unattended aural broadcast auxiliary station is used, appropriate observations must be\n made at the receiving end of the circuit as often as necessary to ensure proper station operation.\n However, an aural broadcast STL (and any aural broadcast microwave booster station) associated\n with a radio or TV broadcast station operated by remote control may be observed by monitoring the\n broadcast station's transmitted signal at the remote control or ATS monitoring point.\n\n (c) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes,\n interference or similar situations where such action appears to be in the public interest, convenience and\n necessity.\n\n(Sec. 318, 48 Stat. 1089, as amended by sec. 1, 74 Stat. 363; 47 U.S.C. 318)\n\n\n47 CFR 74.533(c) (enhanced display) page 36 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.534\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[28 FR 13716, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 49 FR 7130, Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985;\n50 FR 48599, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995]\n\n\n§ 74.534 Power limitations.\n (a) Transmitter output power.\n\n (1) Transmitter output power shall be limited to that necessary to accomplish the function of the\n system.\n\n (2) In the 17,700 to 19,700 MHz band, transmitter output power shall not exceed 10 watts.\n\n (b) In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic\n radiator, exceed the values specified in the following table. In cases of harmful interference, the\n Commission may, after notice and opportunity for hearing, order a change in the equivalent isotropically\n radiated power of this station.\n\n Frequency band (MHz) Maximum Allowable1 EIRP (dBW)\n 944 to 952 + 40\n 17,700 to 18,600 + 55\n 18,600 to 19,700 + 35\n\n 1\n Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding\n those specified above, may continue to operate indefinitely in accordance with the terms of their\n current authorizations, subject to periodic renewal.\n\n (c) The EIRP of transmitters that use Automatic Transmitter Power Control (ATPC) shall not exceed the EIRP\n specified on the station authorization. The EIRP of non-ATPC transmitters shall be maintained as near as\n practicable to the EIRP specified on the station authorization.\n\n[68 FR 12766, Mar. 17, 2003]\n\n\n§ 74.535 Emission and bandwidth.\n (a) The mean power of emissions shall be attenuated below the mean transmitter power (PMEAN) in\n accordance with the following schedule:\n\n (1) When using frequency modulation:\n\n (i) On any frequency removed from the assigned (center) frequency by more than 50% up to and\n including 100% of the authorized bandwidth: At least 25 dB in any 100 kHz reference bandwidth\n (BREF);\n\n (ii) On any frequency removed from the assigned (center) frequency by more than 100% up to and\n including 250% of the authorized bandwidth: At least 35 dB in any 100 kHz reference\n bandwidth;\n\n (iii) On any frequency removed from the assigned (center) frequency by more than 250% of the\n authorized bandwidth: At least 43 + 10 log10 (PMEAN in watts) dB, or 80 dB, whichever is the\n lesser attenuation, in any 100 kHz reference bandwidth.\n\n\n47 CFR 74.535(a)(1)(iii) (enhanced display) page 37 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.535(a)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) When using transmissions employing digital modulation techniques:\n\n (i) For operating frequencies below 15 GHz, in any 4 kHz reference bandwidth (BREF), the center\n frequency of which is removed from the assigned frequency by more than 50 percent up to and\n including 250 percent of the authorized bandwidth: As specified by the following equation but in\n no event less than 50 decibels:\n\n A = 35 + 0.8(G − 50) + 10 Log10 B.\n\n (Attenuation greater than 80 decibels is not required.)\n Where:\n\n A = Attenuation (in decibels) below the mean output power level.\n\n G = Percent removed from the carrier frequency.\n\n B = Authorized bandwidth in megahertz.\n\n (ii) For operating frequencies above 15 GHz, in any 1 MHz reference bandwidth (BREF), the center\n frequency of which is removed from the assigned frequency by more than 50 percent up to and\n including 250 percent of the authorized bandwidth: As specified by the following equation but in\n no event less than 11 decibels:\n\n A = 11 + 0.4(G − 50) + 10 Log10 B.\n\n (Attenuation greater than 56 decibels is not required.)\n (iii) In any 4 kHz reference bandwidth (BREF), the center frequency of which is removed from the\n assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10\n Log10 (PMEAN in watts) decibels, or 80 decibels, whichever is the lesser attenuation.\n\n (b) For all emissions not covered in paragraph (a) of this section, the peak power of emissions shall be\n attenuated below the peak envelope transmitter power (PPEAK) in accordance with the following schedule:\n\n (1) On any frequency 500 Hz inside the channel edge up to and including 2500 Hz outside the same\n edge, the following formula will apply:\n\n A = 29 Log10 [(25/11)[(D + 2.5 − (W/2)]2] dB\n\n (Attenuation greater than 50 decibels is not required.)\n Where:\n\n A = Attenuation (in dB) below the peak envelope transmitter power.\n\n D = the displacement frequency (kHz) from the center of the authorized bandwidth.\n\n W = the channel bandwidth (kHz).\n\n (2) On any frequency removed from the channel edge by more than 2500 Hz: At least 43 + 10 Log10\n (PPEAK in watts) dB.\n\n47 CFR 74.535(b)(2) (enhanced display) page 38 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.535(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) In the event a station's emissions outside its authorized channel cause harmful interference, the\n Commission may require the licensee to take such further steps as may be necessary to eliminate the\n interference.\n\n (d) For purposes of compliance with the emission limitation requirements of this section:\n\n (1) If the transmitter modulates a single carrier, digital modulation techniques are considered as being\n employed when digital modulation occupies 50 percent or more of the total peak frequency\n deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be\n determined by adding the deviation produced by the digital modulation signal and the deviation\n produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by\n the FDM signal must be determined in accordance with § 2.202(f) of this chapter.\n\n (2) If the transmitter modulates two or more carriers, with at least one using digital modulation and one\n using frequency or other analog modulation, digital modulation techniques are considered as being\n employed when the necessary bandwidth of the digital signal(s) is 50 percent or more of the\n aggregate bandwidth of the system, comprising the digital necessary bandwidth(s), the analog\n necessary bandwidth(s), and any bandwidth(s) between the digital and analog necessary\n bandwidths. In this case, the aggregate bandwidth shall be used for the authorized bandwidth (B) in\n paragraph (a) of this section, and for purposes of compliance with the bandwidth limitations in §\n 74.502 of this subpart; and the sum of the powers of the analog and digital signals shall be used for\n mean transmitter power (PMEAN) in paragraph (a) or the peak envelope transmitter power (PPEAK) in\n paragraph (b) of this section, and for purposes of compliance with the power limitations in § 74.534\n of this subpart.\n\n (3) For demonstrating compliance with the attenuation requirements for frequency modulation and\n digital modulation in paragraph (a) of this section, the resolution bandwidth (BRES) of the measuring\n equipment used for measurements removed from the center frequency by more than 250 percent of\n the authorized bandwidth shall be 100 kHz for operating frequencies below 1 GHz, and 1 MHz for\n operating frequencies above 1 GHz. The resolution bandwidth for frequencies removed from the\n center frequency by less than 250 percent of the authorized bandwidth shall be the reference\n bandwidth (BREF) specified in the individual emission limitations, but may be reduced to not less than\n one percent of the authorized bandwidth (B), adjusted upward to the nearest greater resolution\n bandwidth available on the measuring equipment. In all cases, if BRES and BREF are not equal, then\n the attenuation requirement must be increased (or decreased) as determined by a factor of 10 log10\n [(BREF in megahertz)/(BRES in megahertz)] decibels, where a positive factor indicates an increase in\n the attenuation requirement and a negative factor indicates a decrease in the attenuation\n requirement.\n\n (4) Stations licensed pursuant to an application filed before March 17, 2005, using equipment not\n conforming with the emission limitations specified above, may continue to operate indefinitely in\n accordance with the terms of their current authorizations, subject to periodic renewal. existing\n equipment and equipment of product lines in production before April 16, 2003, authorized via\n certification or Declaration of Conformity before March 17, 2005, for equipment not conforming to\n the emission limitations requirements specified above, may continue to be manufactured and/or\n marketed, but may not be authorized for use under a station license except at stations licensed\n pursuant to an application filed before March 17, 2005. Any non-conforming equipment authorized\n under a station license, and replaced on or after March 17, 2005, must be replaced by conforming\n equipment.\n\n\n47 CFR 74.535(d)(4) (enhanced display) page 39 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.535(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n Note 1 to paragraph (d)(4): the Declaration of Conformity procedure has been replaced by the\n Supplier's Declaration of Conformity procedure. See § 2.950 of this chapter.\n\n (e) The following limitations apply to the operation of aural broadcast microwave booster stations:\n\n (1) The booster station must receive and amplify the signals of the originating station and retransmit\n them on the same frequency without significantly altering them in any way. The characteristics of the\n booster transmitter output signal shall meet the requirements applicable to the signal of the\n originating station.\n\n (2) The licensee is responsible for correcting any condition of interference that results from the radiation\n of radio frequency energy outside the assigned channel. Upon notice by the FCC to the station\n licensee that interference is being caused, operation of the apparatus must be immediately\n suspended and may not be resumed until the interference has been eliminated or it can be\n demonstrated that the interference is not due to spurious emissions. However, short term test\n transmissions may be made during the period of suspended operation to determine the efficacy of\n remedial measures.\n\n (3) In each instance where suspension of operation is required, the licensee must submit a full report to\n the FCC after operation is resumed. The report must contain details of the nature of the interference,\n the source of interfering signals, and the remedial steps taken to eliminate the interference.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 48 FR 50332, Nov. 1, 1983; 49 FR 7130, Feb. 27, 1984; 49 FR 37777, Sept. 26, 1984;\n50 FR 48599, Nov. 26, 1985; 68 FR 12766, Mar. 17, 2003; 82 FR 50835, Nov. 2, 2017]\n\n\n§ 74.536 Directional antenna required.\n (a) Aural broadcast STL and ICR stations are required to use a directional antenna with the minimum\n beamwidth necessary, consistent with good engineering practice, to establish the link.\n\n (b) An aural broadcast STL or intercity relay station operating in the 17.7–19.7 GHz band shall employ an\n antenna that meets the performance standards for Category A, except that in areas not subject to\n frequency congestion, antennas meeting standards for Category B may be employed. However, the\n Commission may require the replacement, at the licensee's expense, of any antenna or periscope antenna\n system of a permanent fixed station that does not meet performance Standard A, which is specified in the\n table in paragraph (c) of this section, upon a showing that said antenna causes or is likely to cause\n interference to (or receive interference from) any other authorized or proposed station; provided that an\n antenna meeting performance Standard A is unlikely to involve such interference.\n\n (c) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner:\n\n (1) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain\n requirement; and\n\n (2) With the minimum radiation suppression to angle requirement.\n\n\n\n\n47 CFR 74.536(c)(2) (enhanced display) page 40 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.536(c)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Antenna Standards\n\n Maximum beamwidth to 3 dB Minimum radiation suppression to angle in degrees from centerline of main beam in\n Frequency points1 Minimum antenna gain decibels\n Category\n (GHz) (included angle in (dbi)\n 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180°\n degrees)\n17.7 to 19.7 A 2.2 38 25 29 33 36 42 55 55\n B 2.2 38 20 24 28 32 35 36 36\n1If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation\nplanes.\n\n\n\n\n47 CFR 74.536(c)(2) (enhanced display) page 41 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.537\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n[48 FR 50333, Nov. 1, 1983, as amended at 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 1985; 51 FR 19840, June 3, 1986; 62\nFR 4922, Feb. 3, 1997; 68 FR 12767, Mar. 17, 2003]\n\n\n§ 74.537 Temporary authorizations.\n (a) Special temporary authority may be granted for aural broadcast STL or intercity relay station operation\n which cannot be conducted in accordance with § 74.24. Such authority will normally be granted only for\n operations of a temporary nature. Where operation is seen as likely on a continuing annual basis, an\n application for a regular authorization should be submitted.\n\n (b) A request for special temporary authority for the operation of an aural broadcast STL or an intercity relay\n station must be made in accordance with the procedures of § 1.931(b) of this chapter.\n\n (c) All requests for special temporary authority of an aural broadcast auxiliary stations must include full\n particulars including: licensee's name and address, facility identification number of the associated\n broadcast station(s), call letters of the aural broadcast STL or intercity relay station, if assigned, type and\n manufacturer of equipment, effective isotropic radiated power, emission, frequency or frequencies\n proposed for use, commencement and termination date and location of the proposed operation, and\n purpose for which request is made including any particular justification.\n\n (d) A request for special temporary authorization shall specify a frequency or frequencies consistent with the\n provisions of § 74.502. However, in the case of events of widespread interest and importance which\n cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be\n requested upon a showing that operation thereon will not cause interference to established stations. In no\n case will operation of an aural broadcast STL or intercity relay station be authorized on frequencies\n employed for the safety of life or property.\n\n (e) When the transmitting equipment utilized is not licensed to the user, the user shall nevertheless have full\n control over the use of the equipment during the period it is operated.\n\n (f) Special temporary authorization to permit operation of aural broadcast STL or intercity relay stations or\n systems pending FCC action on an application for regular authority will normally not be granted.\n\n[47 FR 9220, Mar. 4, 1982, as amended at 50 FR 23709, June 5, 1985; 58 FR 19775, Apr. 16, 1993; 68 FR 12767, Mar. 17, 2003]\n\n\n§ 74.550 Equipment authorization.\nEach authorization for aural broadcast STL, ICR, and booster stations shall require the use of equipment which has\nreceived a grant of certification or authorized under a Supplier's Declaration of Conformity. Equipment which has\nnot been approved under the equipment authorization program and which was in service prior to July 1, 1993, may\nbe retained solely for temporary uses necessary to restore or maintain regular service provided by approved\nequipment, because the main or primary unit has failed or requires servicing. Such temporary uses may not interfere\nwith or impede the establishment of other aural broadcast auxiliary links and may not occur during more than 720\ncumulative hours per year. Should interference occur, the licensee must take all steps necessary to eliminate it, up\nto and including cessation of operation of the auxiliary transmitter. All unapproved equipment retained for\ntemporary use must have been in the possession of the licensee prior to July 1, 1993, and may not be obtained from\nother sources. Equipment designed exclusively for fixed operation shall be authorized under Supplier's Declaration\nof Conformity procedure. The equipment authorization procedures are contained in subpart J of part 2 of this\nchapter.\n\n\n47 CFR 74.550 (enhanced display) page 42 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.551\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n Note 1 to § 74.550: The Declaration of Conformity procedure has been replaced by Supplier's\n Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this\n chapter may remain in use. See § 2.950 to this chapter.\n\n\n Note 2 to § 74.550: Consistent with the note to § 74.502(a), grandfathered equipment in the\n 942–944 MHz band and STL/ICR users of these frequencies in Puerto Rico are also required to\n come into compliance by July 1, 1993. The backup provisions described above apply to these\n stations also.\n\n\n[82 FR 50835, Nov. 2, 2107]\n\n\n§ 74.551 Equipment changes.\n (a) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this\n chapter.\n\n (b) Permissible changes in equipment operating in the bands 18.3–18.58, 18.76–18.82 GHz and 19.1–19.16\n GHz. Notwithstanding other provisions of this section, licensees of stations that remain co-primary under\n the provisions of § 74.502(c) may not make modifications to their systems that increase interference to\n satellite earth stations, or result in a facility that would be more costly to relocate.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, 1982; 49 FR 7130, Feb. 27, 1984; 50\nFR 48599, Nov. 26, 1985; 58 FR 19775, Apr. 16, 1993; 61 FR 4368, Feb. 6, 1996; 65 FR 54172, Sept. 7, 2000; 68 FR 12768, Mar. 17,\n2003; 68 FR 16967, Apr. 8, 2003; 68 FR 20225, Apr. 24, 2003; 69 FR 43772, July 22, 2004]\n\n\n§ 74.561 Frequency tolerance.\nIn the bands above 944 MHz, the operating frequency of the transmitter shall be maintained in accordance with the\nfollowing table:\n\n Frequency band (MHz) Tolerance as percentage of assigned frequency\n 944 to 952 0.005\n 17,700 to 19,700 0.003\n\n\n[54 FR 30043, July 18, 1989, as amended at 68 FR 12768, Mar. 17, 2003]\n\n\n§ 74.562 Frequency monitors and measurements.\nThe licensee shall ensure that the STL, ICR, TVP, or booster transmitter does not exceed the emission limitations of\n§ 74.535. This may be accomplished by appropriate frequency measurement techniques and consideration of the\ntransmitter emissions.\n\n[50 FR 48599, Nov. 26, 1985]\n\n\n\n\n47 CFR 74.562 (enhanced display) page 43 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.582\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.582 Station identification.\n (a) Each aural broadcast STL or intercity relay station, when transmitting program material or information\n shall transmit station identification at the beginning and end of each period of operation, and hourly, as\n close to the hour as feasible, at a natural break in program offerings by one of the following means:\n\n (1) Transmission of its own call sign by aural means or by automatic transmission of international\n Morse telegraphy.\n\n (2) Aural transmission of the call sign of the radio broadcast station with which it is licensed as an STL\n or intercity relay station.\n\n (3) Aural transmission of the call sign of the radio broadcast station whose signals are being relayed, or,\n when programs are obtained directly from network lines and relayed, the network identification.\n\n (b) Station identification transmissions during operation need not be made when to make such transmission\n would interrupt a single consecutive speech, play, religious service, symphony concert, or other such\n productions. In such cases, the identification transmission shall be made at the first interruption of the\n entertainment continuity and at the conclusion thereof.\n\n (c) Where more than one aural broadcast STL or intercity relay station is employed in an integrated relay\n system, the station at the point of origination may originate the transmission of the call signs of all of the\n stations in the relay system.\n\n (d) Aural broadcast microwave booster stations will be assigned individual call signs. However, station\n identification will be accomplished by the retransmission of identification as provided in paragraph (a) of\n this section.\n\n (e) Voice transmissions shall normally be employed for station identification. However, other methods of\n station identification may be permitted or required by the Commission.\n\n[28 FR 13716, Dec. 14, 1963, as amended at 42 FR 36830, July 18, 1977; 42 FR 38178, July 27, 1977; 45 FR 26067, Apr. 17, 1980;\n49 FR 7130, Feb. 27, 1984]\n\n\nSubpart F—Television Broadcast Auxiliary Stations\n§ 74.600 Eligibility for license.\nA license for a station in this subpart will be issued only to a television broadcast station, a Class A TV station, a\ntelevision broadcast network-entity, a low power TV station, or a TV translator station.\n\n[ 65 FR 30011, May 10, 2000]\n\n\n§ 74.601 Classes of TV broadcast auxiliary stations.\n (a) TV pickup stations. A land mobile station used for the transmission of TV program material and related\n communications from scenes of events occurring at points removed from TV station studios to a TV\n broadcast, Class A TV or low power TV station or other purposes as authorized in § 74.631.\n\n (b) TV STL station (studio-transmitter link). A fixed station used for the transmission of TV program material\n and related communications from the studio to the transmitter of a TV broadcast, Class A TV or low\n power TV station or other purposes as authorized in § 74.631.\n\n\n47 CFR 74.601(b) (enhanced display) page 44 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.601(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) TV relay station. A fixed station used for transmission of TV program material and related\n communications for use by TV broadcast, Class A TV and low power TV stations or other purposes as\n authorized in § 74.631.\n\n (d) TV translator relay station. A fixed station used for relaying programs and signals of TV broadcast or\n Class A TV stations to Class A TV, LPTV, TV translator, and to other communications facilities that the\n Commission may authorize or for other purposes as permitted by § 74.631.\n\n (e) TV broadcast licensee. Licensees and permittees of TV broadcast, Class A TV and low power TV stations,\n unless specifically otherwise indicated.\n\n (f) TV microwave booster station. A fixed station in the TV broadcast auxiliary service that receives and\n amplifies signals of a TV pickup, TV STL, TV relay, or TV translator relay station and retransmits them on\n the same frequency.\n\n[65 FR 30012, May 10, 2000]\n\n\n§ 74.602 Frequency assignment.\n (a) The following frequencies are available for assignment to television pickup, television STL, television relay\n and television translator relay stations. The band segments 17,700–18,580 and 19,260–19,700 MHz are\n available for broadcast auxiliary stations as described in paragraph (g) of this section. The band segment\n 6425–6525 MHz is available for broadcast auxiliary stations as described in paragraph (i) of this section.\n The bands 6875–7125 MHz and 12700–13200 MHz are co-equally shared with stations licensed\n pursuant to Parts 78 and 101 of the Commission's Rules. Broadcast network-entities may also use the\n 1990–2110, 6425–6525 and 6875–7125 MHz bands for mobile television pickup only.\n\n Band D1 GHz\n Band A MHz Band B MHz Group A channels Group B channels\n Designation Channel boundaries Designation Channel boundaries\n 1990–2008 A01 12.700–12.725 B01 12.7125–12.7375\n 2008–2025 A02 12.725–12.750 B02 12.7375–12.7625\n 2025–2042 A03 12.750–12.775 B03 12.7625–12.7875\n 2042–2059 A04 12.775–12.800 B04 12.7875–12.8125\n 2059–2076 6875–6900 A05 12.800–12.825 B05 12.8125–12.8375\n 2076–2093 6900–6925 A06 12.825–12.850 B06 12.8375–12.8625\n 2093–2110 6925–6950 A07 12.850–12.875 B07 12.8625–12.8875\n 2450–2467 6950–6975 A08 12.875–12.900 B08 12.8875–12.9125\n 2467–2483.5 6975–7000 A09 12.900–12.925 B09 12.9125–12.9375\n 7000–7025 A10 12.925–12.950 B10 12.9375–12.9625\n 7025–7050 A11 12.950–12.975 B11 12.9625–12.9875\n 7050–7075 A12 12.975–13.000 B12 12.9875–12.0125\n 7075–7100 A13 13.000–13.025 B13 13.0125–13.0375\n 7100–7125 A14 13.025–13.050 B14 13.0375–13.0625\n A15 13.050–13.075 B15 13.0625–13.0875\n A16 13.075–13.100 B16 13.0875–13.1125\n\n\n47 CFR 74.602(a) (enhanced display) page 45 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(a)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Band D1 GHz\n Band A MHz Band B MHz Group A channels Group B channels\n Designation Channel boundaries Designation Channel boundaries\n A17 13.100–13.125 B17 13.1125–13.1375\n A18 13.125–13.150 B182 13.1375–13.1625\n A192 13.150–13.175 B192 13.1625–13.1875\n 2 2\n A20 13.175–13.200 B20 13.1875–13.2125\n A21 13.200–13.225 B21 13.2125–13.2375\n A22 13.225–13.250\n\n 1For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B\n channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station, relaying\n several channels, would use A01, B01, A02, B02, A03, etc.\n\n 2\n The band 13.15–13.20 GHz is reserved for television pickup and CARS pickup stations inside a 50\n km radius of the 100 television markets delineated in § 76.51 of this chapter. Outside a 50 km\n radius of the 100 television markets delineated in § 76.51 of this chapter, television pickup\n stations, CARS stations and NGSO FSS gateway earth stations shall operate on a primary co-equal\n basis. The band 13.20–13.2125 GHz is reserved for television pickup stations on a primary basis\n and CARS pickup stations on a secondary basis inside a 50 km radius of the 100 television markets\n delineated in § 76.51 of this chapter. Outside a 50 km radius of the 100 markets delineated in §\n 76.51 of this chapter, television pickup stations and NGSO FSS gateway earth stations shall\n operate on a co-primary basis, CARS stations shall operate on a secondary basis. Fixed television\n auxiliary stations licensed pursuant to applications accepted for filing before September 1, 1979,\n may continue operation on channels in the 13.15–13.25 GHz band, subject to periodic license\n renewals. NGSO FSS gateway uplink transmissions in the 13.15–13.2125 GHz segment shall be\n limited to a maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. These provisions\n shall not apply to GSO FSS operations in the 12.75–13.25 GHz band.\n\n (1) Frequencies shown above between 2450 and 2500 MHz in Band A are allocated to accommodate\n the incidental radiations of industrial, scientific, and medical (ISM) equipment, and stations operating\n therein must accept any interference that may be caused by the operation of such equipment.\n Frequencies between 2450 and 2500 MHz are also shared with other communication services and\n exclusive channel assignments will not be made, nor is the channeling shown above necessarily that\n which will be employed by such other services.\n\n (2) In the band 2483.5–2500 MHz, no applications for new stations or modification to existing stations\n to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, and\n licensees whose initial applications were filed on or before July 25, 1985, are grandfathered and their\n operations are on a co-primary basis with the mobile-satellite and radiodetermination-satellite\n services, and in the segment 2495–2500 MHz, their operations are also on a co-primary basis with\n part 27 fixed and mobile except aeronautical mobile service operations.\n\n (3)\n\n (i) After January 7, 2004, stations may adhere to the channel plan specified in paragraph (a) of this\n section, or the following channel plan in Band A:\n\n\n47 CFR 74.602(a)(3)(i) (enhanced display) page 46 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(a)(3)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Channel A1r—2025.5–2037.5 MHz\n\n Channel A2r—2037.5–2049.5 MHz\n\n Channel A3r—2049.5–2061.5 MHz\n\n Channel A4—2061.5–2073.5 MHz\n\n Channel A5r—2073.5–2085.5 MHz\n\n Channel A6r—2085.5–2097.5 MHz\n\n Channel A7r—2097.5–2109.5 MHz\n\n (ii) Stations adhering to the channel plan specified in paragraph (a)(3)(i) of this section may also\n use the following 40 data return link (DRL) channels to facilitate their operations in the\n 2025.5–2109.5 MHz band:\n\n\n Lower band DRL channels\n 2025.000–2025.025 MHz\n\n 2025.025–2025.050 MHz\n\n 2025.050–2025.075 MHz\n\n 2025.075–2025.100 MHz\n\n 2025.100–2025.125 MHz\n\n 2025.125–2025.150 MHz\n\n 2025.150–2025.175 MHz\n\n 2025.175–2025.200 MHz\n\n 2025.200–2025.225 MHz\n\n 2025.225–2025.250 MHz\n\n 2025.250–2025.275 MHz\n\n 2025.275–2025.300 MHz\n\n 2025.300–2025.325 MHz\n\n 2025.325–2025.350 MHz\n47 CFR 74.602(a)(3)(ii) (enhanced display) page 47 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(a)(3)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n 2025.350–2025.375 MHz\n\n 2025.375–2025.400 MHz\n\n 2025.400–2025.425 MHz\n\n 2025.425–2025.450 MHz\n\n 2025.450–2025.475 MHz\n\n 2025.475–2025.500 MHz\n\n\n Upper band DRL channels\n 2109.500–2109.525 MHz\n\n 2109.525–2109.550 MHz\n\n 2109.550–2109.575 MHz\n\n 2109.575–2109.600 MHz\n\n 2109.600–2109.625 MHz\n\n 2109.625–2109.650 MHz\n\n 2109.650–2109.675 MHz\n\n 2109.675–2109.700 MHz\n\n 2109.700–2109.725 MHz\n\n 2109.725–2109.750 MHz\n\n 2109.750–2109.775 MHz\n\n 2109.775–2109.800 MHz\n\n 2109.800–2109.825 MHz\n\n 2109.825–2109.850 MHz\n\n 2109.850–2109.875 MHz\n\n 2109.875–2109.900 MHz\n\n 2109.900–2109.925 MHz\n47 CFR 74.602(a)(3)(ii) (enhanced display) page 48 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(a)(3)(iii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n 2109.925–2109.950 MHz\n\n 2109.950–2109.975 MHz\n\n 2109.975–2110.000 MHz\n\n (iii) Broadcast Auxiliary Service, Cable Television Remote Pickup Service, and Local Television\n Transmission Service licensees will be required to use the Band A channel plan in paragraph\n (a)(3)(i) of this section after completion of relocation by an Emerging Technologies licensee in\n accordance with § 74.690 or § 78.40. Licensees declining relocation may continue to use their\n existing channel plan but must discontinue use of the 1990–2025 MHz band when they\n indicate to an Emerging Technologies licensee, acting pursuant to § 74.690 or § 78.40 of this\n chapter, that they decline to be relocated.\n\n (4) [Reserved]\n\n (b) Subject to the conditions of paragraph (a) of this section, frequency assignments will normally be made\n as requested, provided that the frequency selection provisions of § 74.604 have been followed and that\n the frequency requested will cause no interference to existing users in the area. The Commission reserves\n the right to assign frequencies other than those requested if, in its opinion, such action is warranted.\n\n (c) Fixed link stations will be authorized to operate on one channel only.\n\n (d) Cable Television Relay Service stations may be assigned channels in Band D between 12,700 and 13,200\n MHz subject to the condition that no harmful interference is caused to TV STL and TV relay stations\n authorized at the time of such grants. Similarly, new TV STL and TV relay stations must not cause harmful\n interference to cable television relay stations authorized at the time of such grants. The use of channels\n between 12,700 and 13,200 MHz by TV pickup stations is subject to the condition that no harmful\n interference is caused to Cable Television Relay Service stations, TV STL and TV relay stations, except as\n provided for in § 74.602(a) Note 2. Band D channels are also shared with certain Private Operational Fixed\n Stations, see § 74.638.\n\n (e) Communication common carriers in the Local Television Transmission Service (Part 101) may be\n assigned frequencies available to television broadcast station licensees and broadcast network entities\n for the purpose of providing service to television broadcast stations and broadcast network entities,\n respectively.\n\n (f) TV auxiliary stations licensed to low power TV stations and translator relay stations will be assigned on a\n secondary basis, i.e., subject to the condition that no harmful interference is caused to other TV auxiliary\n stations assigned to TV broadcast stations, or to cable television relay service stations (CARS) operating\n between 12,700 and 13,200 MHz. Auxiliary stations licensed to low power TV stations and translator relay\n stations must accept any interference caused by stations having primary use of TV auxiliary frequencies.\n\n (g) The following frequencies are available for assignment to television STL, television relay stations and\n television translator relay stations. Stations operating on frequencies in the sub-bands 18.3–18.58 GHz\n and 19.26–19.3 GHz that were licensed or had applications pending before the Commission as of\n September 18, 1998 may continue those operations on a shared co-primary basis with other services\n under parts 21, 25, 78, and 101 of this chapter. Such stations, however, are subject to relocation by\n licensees in the fixed-satellite service. Such relocation is subject to the provisions of §§ 101.85 through\n 101.97 of this chapter. No new applications for new licenses will be accepted in the 19.26–19.3 GHz band\n after June 8, 2000, and no new applications for new licenses will be accepted in the 18.3–18.58 GHz band\n\n47 CFR 74.602(g) (enhanced display) page 49 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(g)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n after November 19, 2002. The provisions of § 74.604 do not apply to the use of these frequencies.\n Licensees may use either a two-way link or one or both frequencies of a frequency pair for a one-way link\n and shall coordinate proposed operations pursuant to procedures required in § 101.103(d) of this\n chapter.\n\n (1) 2 MHz maximum authorized bandwidth channel:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 18141.0 n/a\n\n\n (2) 6 MHz maximum authorized bandwidth channels:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 216 MHz Separation\n 18145.0 n/a\n 18151.0 18367.0\n 18157.0 18373.0\n 18163.0 18379.0\n 18169.0 18385.0\n 18175.0 18391.0\n 18181.0 18397.0\n 18187.0 18403.0\n 18193.0 18409.0\n 18199.0 18415.0\n 18205.0 18421.0\n 18211.0 18427.0\n 18217.0 18433.0\n 18223.0 18439.0\n 18229.0 18445.0\n 18235.0 18451.0\n 18241.0 18457.0\n 18247.0 18463.0\n 18253.0 18469.0\n 18259.0 18475.0\n 18265.0 18481.0\n 18271.0 18487.0\n 18277.0 18493.0\n 18283.0 18499.0\n 18289.0 18505.0\n 18295.0 18511.0\n 18301.0 18517.0\n 18307.0 18523.0\n 18313.0 18529.0\n\n47 CFR 74.602(g)(2) (enhanced display) page 50 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(g)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 18319.0 18535.0\n 18325.0 18541.0\n 18331.0 18547.0\n 18337.0 18553.0\n 18343.0 18559.0\n 18349.0 18565.0\n 18355.0 18571.0\n 18361.0 18577.0\n\n\n (3) 10 MHz maximum authorized bandwidth channels:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 1560 MHz Separation\n 17705.0 19265.0\n 17715.0 19275.0\n 17725.0 19285.0\n 17735.0 19295.0\n 17745.0 19305.0\n 17755.0 19315.0\n 17765.0 19325.0\n 17775.0 19335.0\n 17785.0 19345.0\n 17795.0 19355.0\n 17805.0 19365.0\n 17815.0 19375.0\n 17825.0 19385.0\n 17835.0 19395.0\n 17845.0 19405.0\n 17855.0 19415.0\n 17865.0 19425.0\n 17875.0 19435.0\n 17885.0 19445.0\n 17895.0 19455.0\n 17905.0 19465.0\n 17915.0 19475.0\n 17925.0 19485.0\n 17935.0 19495.0\n 17945.0 19505.0\n 17955.0 19515.0\n 17965.0 19525.0\n\n\n47 CFR 74.602(g)(3) (enhanced display) page 51 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(g)(4)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 17975.0 19535.0\n 17985.0 19545.0\n 17995.0 19555.0\n 18005.0 19565.0\n 18015.0 19575.0\n 18025.0 19585.0\n 18035.0 19595.0\n 18045.0 19605.0\n 18055.0 19615.0\n 18065.0 19625.0\n 18075.0 19635.0\n 18085.0 19645.0\n 18095.0 19655.0\n 18105.0 19665.0\n 18115.0 19675.0\n 18125.0 19685.0\n 18135.0 19695.0\n\n\n (4) 20 MHz maximum authorized bandwidth channels:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 1560 MHz Separation\n 17710.0 19270.0\n 17730.0 19290.0\n 17750.0 19310.0\n 17770.0 19330.0\n 17790.0 19350.0\n 17810.0 19370.0\n 17830.0 19390.0\n 17850.0 19410.0\n 17870.0 19430.0\n 17890.0 19450.0\n 17910.0 19470.0\n 17930.0 19490.0\n 17950.0 19510.0\n 17970.0 19530.0\n 17990.0 19550.0\n 18010.0 19570.0\n 18030.0 19590.0\n 18050.0 19610.0\n\n\n47 CFR 74.602(g)(4) (enhanced display) page 52 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(g)(5)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 18070.0 19630.0\n 18090.0 19650.0\n 18110.0 19670.0\n 18130.0 19690.0\n\n\n (5) 40 MHz maximum authorized bandwidth channels:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 1560 MHz Separation\n 17720.0 19280.0\n 17760.0 19320.0\n 17800.0 19360.0\n 17840.0 19400.0\n 17880.0 19440.0\n 17920.0 19480.0\n 17960.0 19520.0\n 18000.0 19560.0\n 18040.0 19600.0\n 18080.0 19640.0\n 18120.0 19680.0\n\n\n (6) 80 MHz maximum authorized bandwidth channels:\n\n Transmit (receive) (MHz) Receive (transmit) (MHz)\n 1560 MHz Separation\n 17740.0 19300.0\n 17820.0 19380.0\n 17900.0 19460.0\n 17980.0 19540.0\n 18060.0 19620.0\n\n\n (h) TV STL, TV relay stations, and TV translator relay stations may be authorized to operate fixed point-to-\n point service on the UHF TV channels 14–69 on a secondary basis and subject to the provisions of\n subpart G of this part:\n\n (1) Applications for authorization in accordance with this paragraph must comply with the following\n technical limits or be accompanied by an engineering analysis demonstrating why these limits must\n be exceeded:\n\n (i) Maximum EIRP is limited to 35 dBW;\n\n (ii) Transmitting antenna beamwidth is limited to 25 degrees (measured at the 3 dB points); and\n\n (iii) Vertical polarization is used.\n\n47 CFR 74.602(h)(1)(iii) (enhanced display) page 53 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(h)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) These stations must not interfere with and must accept interference from current and future full-\n power UHF-TV stations, LPTV stations, and translator stations. They will also be secondary to land\n mobile stations in areas where land mobile sharing is currently permitted.\n\n (3) TV STL and TV relay stations licensed for operation on UHF TV channels 52–69 based on\n applications filed before April 16, 2003, may continue to operate under the terms of their current\n authorizations until the end of transition to digital television in their market (DTV Transition), as set\n forth in §§ 73.622 through 73.625 of this chapter. Applications for TV STL and TV relay stations\n operating on UHF TV channels 52–69 will not be accepted for filing on or after April 16, 2003.\n\n (4) TV translator relay stations licensed for operation on UHF TV channels 52–59 based on applications\n filed before the end of DTV transition may continue to operate under the terms of their current\n authorizations indefinitely. TV translator relay stations licensed for operation on UHF TV channels\n 60–69 based on applications filed before the end of DTV transition may continue to operate under\n the terms of their current authorizations until the end of DTV Transition. Applications for TV\n translator relay stations operating on UHF TV channels 52–69 will not be accepted for filing on or\n after the end of DTV Transition.\n\n (5)\n\n (i) The licensee of a TV STL, TV relay station, or TV translator relay station that operates on\n frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter\n must cease operations on those frequencies no later than the end of the post-auction transition\n period as defined in § 27.4 of this chapter. The licensee of a TV STL, TV relay station, or TV\n translator relay station may be required to cease operations on a date earlier than the end of\n the post-auction transition period if it receives a notification pursuant to paragraph (h)(5)(ii) of\n this section.\n\n (ii) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter\n must notify the licensee of a TV STL, TV relay station, or TV translator relay station of its intent\n to commence operations, as defined in § 27.4 of this chapter, and the likelihood of harmful\n interference from the TV STL, TV relay station, or TV translator relay station to those operations\n within the wireless licensee's licensed geographic service area.\n\n (A) The wireless licensee must:\n\n (1) Notify the licensee of the TV STL, TV relay station, or TV translator relay station in the\n form of a letter, via certified mail, return receipt requested; and\n\n (2) Send such notification not less than 30 days in advance of the approximate date of\n commencement of such operations.\n\n (B) The licensee of the TV STL, TV relay station, or TV translator relay station must cease the\n subject operation within 30 days of receiving the notification pursuant to this section.\n\n (iii) By the end of the post-auction transition period, all TV STL, TV relay station and TV translator\n relay station licensees must modify or cancel their authorizations and vacate the 600 MHz\n band. Applications for TV STL, TV relay and TV translator relay stations in the 600 MHz band\n will not be accepted for filing on or after the end date for the post-auction transition period.\n\n (6) The licensee of a TV STL, TV relay station, or TV translator relay station that operates on the UHF\n spectrum that is reserved for guard band channels as a result of the broadcast television incentive\n auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012\n\n47 CFR 74.602(h)(6) (enhanced display) page 54 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.602(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (Pub. L. 112–96) must cease operations on those frequencies no later than the end of the post-\n auction transition period as defined in § 27.4 of this chapter. The licensee of a TV STL, TV relay\n station, or TV translator relay station may be required to cease operations on a date earlier than the\n end of the post-auction transition period if it receives a notification pursuant to paragraph (h)(5)(ii) of\n this section.\n\n (i) 6425 to 6525 MHz—Mobile Only. Paired and un-paired operations permitted. Use of this spectrum for\n direct delivery of video programs to the general public or multi-channel cable distribution is not permitted.\n This band is co-equally shared with mobile stations licensed pursuant to parts 78 and 101 of this chapter.\n The following channel plans apply.\n\n (1) 1 MHz maximum authorized bandwidth channels.\n\n Transmit (or receive MHz) Receive (or transmit) (MHz)\n 6425.5 6475.5\n 6450.5 6500.5\n\n\n (2) 8 MHz maximum authorized bandwidth channels.\n\n Transmit (or receive MHz) Receive (or transmit) (MHz)\n 6430.0 6480.0\n 6438.0 6488.0\n 6446.0 6496.0\n 6455.0 6505.0\n 6463.0 6513.0\n 6471.0 6521.0\n\n\n (3) 25 MHz maximum authorized bandwidth channels.\n\n Transmit (or receive MHz) Receive (or transmit (MHz)\n 6437.5 6487.5\n 6462.5 6512.5\n\n\n(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082; 47 U.S.C. 154, 155, 303)\n\n[28 FR 13718, Dec. 14, 1963]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 74.602, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 74.603 Sound channels.\n (a) The frequencies listed in § 74.602(a) may be used for the simultaneous transmission of the picture and\n sound portions of TV broadcast programs and for cue and order circuits, either by means of multiplexing\n or by the use of a separate transmitter within the same channel. When multiplexing of a TV STL station is\n contemplated, consideration should be given to the requirements of § 73.687 of this Chapter regarding\n\n47 CFR 74.603(a) (enhanced display) page 55 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.603(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n the overall system performance requirements. Applications for new TV pickup, TV STL, TV relay and TV\n translator relay stations shall clearly indicate the nature of any mutliplexing proposed. Multiplexing\n equipment may be installed on licensed equipment without authority of the FCC, provided the installation\n of such apparatus on a TV STL station shall not result in degradation of the overall system performance\n of the TV broadcast station below that permitted by § 73.687 of this chapter.\n\n (b) [Reserved]\n\n (c) Aural STL or intercity relay stations licensed as of July 10, 1970, to operate in the frequency band\n 942–947 MHz, may continue to so operate pending a decision as to their disposition through a future rule\n making proceeding.\n\n (d) Remote pickup broadcast stations may be used in conjunction with television pickup stations for the\n transmission of the aural portion of television programs or events that occur outside a television studio\n and for the transmission of cues, orders, and other related communications necessary thereto. The rules\n governing remote pickup broadcast stations are contained in Subpart D of this part.\n\n[28 FR 13718, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 48 FR 24385, June 1, 1983; 68 FR 12769, Mar. 17, 2003]\n\n\n§ 74.604 Interference avoidance.\n (a) [Reserved]\n\n (b) Where two or more licensees are assigned a common channel for TV pickup, TV STL, or TV relay\n purposes in the same area and simultaneous operation is contemplated, they shall take such steps as\n may be necessary to avoid mutual interference, including consultation with the local coordination\n committee, if one exists. If a mutual agreement to this effect cannot be reached, the Commission must be\n notified and it will take such action as may be necessary, including time sharing arrangements, to assure\n an equitable distribution of available frequencies.\n\n (c) For those interference disputes brought to the Commission for resolution, TV broadcast auxiliary channels\n will have the following priority for purposes of interference protection:\n\n (1) All fixed links for full service broadcast stations and cable systems.\n\n (2) TV and CARS pickup stations.\n\n (3) Fixed or mobile stations serving translator or low power TV stations.\n\n (4) Backup facilities; TV pickup stations used outside a licensee's local service area.\n\n (5) Any transmission, pursuant to § 74.631(f), that does not involve the delivery of program material to a\n licensee's associated TV broadcast station.\n\n (d) Interference between two stations having the same priority shall be resolved in favor of the station\n licensed first on a particular path.\n\n[48 FR 17091, Apr. 21, 1983, as amended at 68 FR 12769, Mar. 17, 2003]\n\n\n§ 74.605 Registration of stationary television pickup receive sites.\nLicensees of TV pickup stations in the 6875–7125 MHz and 12700–13200 MHz bands shall register their stationary\nreceive sites using the Commission's Universal Licensing System.\n\n\n47 CFR 74.605 (enhanced display) page 56 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.631\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[76 FR 59571, Sept. 27, 2011]\n\n\n§ 74.631 Permissible service.\n (a) The licensee of a television pickup station authorizes the transmission of program material, orders\n concerning such program material, and related communications necessary to the accomplishment of\n such transmissions, from the scenes of events occurring in places other than a television studio, to its\n associated television broadcast station, to an associated television relay station, to such other stations as\n are broadcasting the same program material, or to the network or networks with which the television\n broadcast station is affiliated. Television pickup stations may be operated in conjunction with other\n television broadcast stations not aformentioned in this paragraph: Provided, That the transmissions by\n the television pickup station are under the control of the licensee of the television pickup station and that\n such operation shall not exceed a total of 10 days in any 30-day period. Television pickup stations may be\n used to provide temporary studio-transmitter links or intercity relay circuits consistent with § 74.632\n without further authority of the Commission: Provided, however, That prior Commission authority shall be\n obtained if the transmitting antenna to be installed will increase the height of any natural formation or\n man-made structure by more than 6.1 meters (20 feet) and will be in existence for a period of more than 2\n consecutive days.\n\n\n Note: As used in this subpart, “associated television broadcast station” means a television\n broadcast station licensed to the licensee of the television auxiliary broadcast station and with\n which the television auxiliary station is licensed as an auxiliary facility.\n\n (b) A television broadcast STL station is authorized to transmit visual program material between the studio\n and the transmitter of a television broadcast station for simultaneous or delayed broadcast.\n\n (c) A TV relay station is authorized to transmit visual program material between TV broadcast stations for\n simultaneous or delayed broadcast, or may be used to transmit visual program material from a remote\n pickup receiver site of a single station.\n\n (d) The transmitter of an STL, TV relay station or TV translator relay station may be multiplexed to provide\n additional communication channels. A TV broadcast STL or TV relay station will be authorized only in\n those cases where the principal use is the transmission of television broadcast program material for use\n by its associated TV broadcast station. However, STL or TV relay stations so licensed may be operated at\n any time for the transmission of multiplexed communications whether or not visual program material is\n being transmitted, provided that such operation does not cause harmful interference to TV broadcast\n pickup, STL or TV relay stations transmitting television broadcast program material.\n\n (e) Except as provided in paragraphs (a), (d), (f) and (j) of this section, all program material transmitted over a\n TV pickup, STL, or TV relay station shall be used by or intended for use by a TV broadcast station owned\n by or under the common control of the licensee of the TV pickup, STL, or TV relay station. Program\n material transmitted over a TV pickup, STL or TV relay station and so used by the licensee of such facility\n may, with the permission of the licensee of the broadcast auxiliary facility, be used by other TV broadcast\n stations and by non-broadcast closed circuit educational TV systems operated by educational\n institutions.\n\n (f) A TV broadcast pickup, STL, or TV relay station may be used for the transmission of material to be used\n by others, including but not limited to other broadcast stations, cable television systems, and educational\n institutions. This use shall not interfere with the use of these broadcast auxiliary facilities for the\n\n47 CFR 74.631(f) (enhanced display) page 57 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.631(g)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n transmission of programs and associated material intended to be used by the television station or\n stations licensed to or under common control of the licensee of the TV pickup, STL, or TV relay station.\n This use of the broadcast auxiliary facilities must not cause harmful interference to broadcast auxiliary\n stations operating in accordance with the basic frequency allocation, and the licensee of the TV pickup,\n STL, or TV relay station must retain exclusive control over the operation of the facilities. Prior to operating\n pursuant to the provisions of this section, the licensee shall, for the intended location or area-of-operation,\n notify the appropriate frequency coordination committee or any licensee(s) assigned the use of the\n proposed operating frequency, concerning the particulars of the intended operation and must provide the\n name and telephone number of a person who may be contacted in the event of interference.\n\n (g) Except as provided in paragraph (d) of this section, a television translator relay station is authorized for\n the purpose of relaying the programs and signals of a television broadcast station to television broadcast\n translator stations for simultaneous retransmission.\n\n (h) A TV microwave booster station is authorized to retransmit the signals of a TV pickup, TV STL, TV relay, or\n TV translator relay station.\n\n (i) TV broadcast auxiliary stations authorized pursuant to this subpart may additionally be authorized to\n supply programs and signals of TV broadcast stations to cable television systems or CARS stations.\n Where the licensee of a TV broadcast auxiliary station supplies programs and signals to cable television\n systems or CARS stations, the TV auxiliary licensee must have exclusive control over the operation of the\n TV auxiliary stations licensed to it. Contributions to capital and operating expenses may be accepted only\n on a cost-sharing, non-profit basis, prorated on an equitable basis among all parties being supplied with\n program material.\n\n (j) A broadcast network-entity may use television auxiliary service stations to transmit their own television\n program materials to broadcast stations, other broadcast network-entities, cable systems and cable\n network-entities: Provided, however, that the bands 1990–2110 MHz, 6425–6525 MHz and 6875–7125\n MHz may be used by broadcast network-entities only for television pick-up stations.\n\n[28 FR 13718, Dec. 14, 1963, as amended at 29 FR 15524, Nov. 19, 1964; 43 FR 1950, Jan. 13, 1978; 44 FR 32381, June 6, 1979;\n47 FR 55937, Dec. 14, 1982; 48 FR 17092, Apr. 21, 1983; 49 FR 7130, Feb. 27, 1984; 52 FR 7142, Mar. 9, 1987; 68 FR 12769, Mar.\n17, 2003]\n\n\n§ 74.632 Licensing requirements.\n (a) Licenses for television pickup, television STL, television microwave booster, or television relay stations will\n be issued only to licensees of television broadcast stations, and broadcast network-entities and, further,\n on a secondary basis, to licensees of low power television stations. A separate application is required for\n each fixed station and the application shall be specific with regard to the frequency requested. A mobile\n station license may be issued for any number of mobile transmitters to operate in a specific area or\n frequency band and the applicant shall be specific with regard to the frequencies requested.\n\n (b) A license for a TV relay station may be issued in any case where the circuit will operate between TV\n broadcast stations either by means of “off-the-air” pickup and relay or location of the initial relay station at\n the studio or transmitter of a TV broadcast station.\n\n (c) An application for a new TV pickup station shall designate the TV broadcast station with which it is to be\n operated and specify the area in which the proposed operation is intended. The maximum permissible\n area of operation will generally be that of a standard metropolitan area, unless a special showing is made\n that a larger area is necessary.\n\n47 CFR 74.632(c) (enhanced display) page 58 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.632(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (d) Licensees who have two or more TV broadcast stations located in different cities shall, in applying for a\n new TV pickup station, designate the TV broadcast station in conjunction with which it is to be operated\n principally. Operation in a city which is not the city of license of the associated TV broadcast station is on\n a secondary, non-interference basis to home-city users.\n\n (e) A license for a TV translator relay station will be issued only to licensees of low power TV and TV\n translator stations. However, a television translator relay station license may be issued to a cooperative\n enterprise wholly owned by licensees of television broadcast translators or licensees of television\n broadcast translators and cable television owners or operators upon a showing that the applicant is\n qualified under the Communication Act of 1934, as amended.\n\n (f) Licensees of TV pickup, TV STL, TV relay, and TV translator relay stations may be authorized to operate\n one or more TV microwave booster stations for the purpose of relaying signals over a path that cannot be\n covered with a single station.\n\n[28 FR 13718, Dec. 14, 1963, as amended at 44 FR 32382, June 6, 1979; 47 FR 55937, Dec. 14, 1982; 48 FR 9012, Mar. 3, 1983; 48\nFR 17092, Apr. 21, 1983; 48 FR 21486, May 12, 1983; 49 FR 7130, Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 52 FR 7142, Mar. 9,\n1987; 58 FR 19775, Apr. 16, 1993; 63 FR 36605, July 7, 1998; 68 FR 12769, Mar. 17, 2003; 82 FR 41548, Sept. 1, 2017]\n\n\n§ 74.633 Temporary authorizations.\n (a) Special temporary authority may be granted for TV broadcast auxiliary station operation which cannot be\n conducted in accordance with § 74.24. Such authority will normally be granted only for operations of a\n temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a\n regular authorization should be submitted.\n\n (b) A request for special temporary authority for the operation of a television broadcast auxiliary station must\n be made in accordance with the procedures of § 1.931(b) of this chapter.\n\n (c) All requests for special temporary authority of a television broadcast auxiliary station must include full\n particulars including: licensee's name and address, facility identification number of the associated\n broadcast station(s) (if any), call letters of the television broadcast STL or intercity relay station (if\n assigned), type and manufacturer of equipment, effective isotropic radiated power, emission, frequency or\n frequencies proposed for use, commencement and termination date and location of the proposed\n operation, and purpose for which request is made including any particular justification.\n\n (d) A request for special temporary authority shall specify a channel or channels consistent with the\n provisions of § 74.602: Provided, That in the case of events of wide-spread interest and importance which\n cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be\n requested upon a showing that operation thereon will not cause interference to established stations: And\n provided further, That in no case will a television auxiliary broadcast operation be authorized on\n frequencies employed for the safety of life and property.\n\n (e) When the transmitting equipment utilized is not licensed to the user, the user shall nevertheless have full\n control over the use of the equipment during the period it is operated.\n\n (f) Special temporary authority to permit operation of a TV auxiliary broadcast station of any class pending\n FCC action on an application for regular authority will not normally be granted.\n\n(Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 318)\n\n\n\n\n47 CFR 74.633(f) (enhanced display) page 59 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.634\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[28 FR 13720, Dec. 14, 1963, as amended at 47 FR 9221, Mar. 4, 1982; 47 FR 55937, Dec. 14, 1982; 50 FR 23710, June 5, 1985; 52\nFR 10570, Apr. 2, 1987; 58 FR 19775, Apr. 16, 1993; 68 FR 12769, Mar. 17, 2003]\n\n\n§ 74.634 Remote control operation.\n (a) A TV auxiliary station may be operated by remote control provided that such operation is conducted in\n accordance with the conditions listed below:\n\n (1) The remote control system must be designed, installed, and protected so that the transmitter can\n only be activated or controlled by persons authorized by the licensee.\n\n (2) The remote control equipment must be maintained to ensure proper operation.\n\n (3) The remote control system must be designed to prevent inadvertent transmitter operation caused by\n malfunctions in the circuits between the control point and transmitter.\n\n (b) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes.\n interference or similar situations where such action appears to be in the public interest, convenience and\n necessity.\n\n[28 FR 13718, Dec. 14, 1963, as amended at, 47 FR 55937, Dec. 14, 1982; 50 FR 48600, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995]\n\n\n§ 74.635 Unattended operation.\n (a) TV relay stations, TV translator relay stations, TV STL stations, and TV microwave booster stations may\n be operated unattended under the following conditions:\n\n (1) The transmitter must be provided with adequate safeguards to prevent improper operation.\n\n (2) The transmitter shall be so installed and protected that it is not accessible to other than duly\n authorized persons;\n\n (3) TV relay stations, TV STL stations, TV translator relay stations, and TV microwave booster stations\n used with these stations, shall be observed at the receiving end of the microwave circuit as often as\n necessary to ensure proper station operation by a person designated by the licensee, who must\n institute measures sufficient to ensure prompt correction of any condition of improper operation.\n However, an STL station (and any TV microwave booster station) associated with a TV broadcast\n station operated by remote control may be observed by monitoring the TV station's transmitted\n signal at the remote control point. Additionally, a TV translator relay station (and any associated TV\n microwave booster station) may be observed by monitoring the associated TV translator station's\n transmitted signal.\n\n (b) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes,\n interference or similar situations where such action appears to be in the public interest, convenience and\n necessity.\n\n[28 FR 13718, Dec. 14, 1963, as amended at 31 FR 15314, Dec. 7, 1966; 43 FR 1950, Jan. 13, 1978; 47 FR 55937, Dec. 14, 1982; 49\nFR 7131, Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985]\n\n\n\n\n47 CFR 74.635(b) (enhanced display) page 60 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.636\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.636 Power limitations.\n (a) On any authorized frequency, transmitter peak output power and the average power delivered to an\n antenna in this service must be the minimum amount of power necessary to carry out the\n communications desired and shall not exceed the values listed in the following table. Application of this\n principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its\n antennas with larger antennas to reduce its antenna input power by an amount appropriate to\n compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the\n average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the\n values specified in the following table. In cases of harmful interference, the Commission may, after notice\n and opportunity for hearing, order a change in the effective radiated power of this station. The table\n follows:\n\n Maximum allowable transmitter power Maximum allowable EIRP2\n Frequency band (MHz)\n Mobile (W) Fixed (dBW) Mobile (dBW)\n 2,025 to 2,110 12.0 + 45 + 35\n 2,450 to 2,483.5 12.0 + 45 + 35\n 6,425 to 6,525 12.0 + 35\n 6,875 to 7,125 12.0 + 55 + 35\n 12,700 to 13,250 1.5 + 55 + 45\n 17,700 to 18,600 + 55\n 18,600 to 18,8001 + 35\n 18,800 to 19,700 + 55\n\n 1 The power delivered to the antenna is limited to −3 dBW.\n\n 2 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding\n those specified above, may continue to operate indefinitely in accordance with the terms of their\n current authorizations, subject to periodic renewal.\n\n (b) The EIRP of transmitters that use Automatic Transmitter Power Control (ATPC) shall not exceed the EIRP\n specified on the station authorization. The EIRP of non-ATPC transmitters shall be maintained as near as\n practicable to the EIRP specified on the station authorization.\n\n[68 FR 12769, Mar. 17, 2003]\n\n\n§ 74.637 Emissions and emission limitations.\n (a) The mean power of emissions shall be attenuated below the mean transmitter power (PMEAN) in\n accordance with the following schedule:\n\n (1) When using frequency modulation:\n\n (i) On any frequency removed from the assigned (center) frequency by more than 50% up to and\n including 100% of the authorized bandwidth: At least 25 dB in any 100 kHz reference bandwidth\n (BREF);\n\n\n\n47 CFR 74.637(a)(1)(i) (enhanced display) page 61 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.637(a)(1)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (ii) On any frequency removed from the assigned (center) frequency by more than 100% up to and\n including 250% of the authorized bandwidth: At least 35 dB in any 100 kHz reference\n bandwidth;\n\n (iii) On any frequency removed from the assigned (center) frequency by more than 250% of the\n authorized bandwidth: At least 43 + 10 log10 (PMEAN in watts) dB, or 80 dB, whichever is the\n lesser attenuation, in any 100 kHz reference bandwidth.\n\n (2) When using transmissions employing digital modulation techniques:\n\n (i) For operating frequencies below 15 GHz, in any 4 kHz reference bandwidth (BREF), the center\n frequency of which is removed from the assigned frequency by more than 50 percent up to and\n including 250 percent of the authorized bandwidth: As specified by the following equation but in\n no event less than 50 decibels:\n\n A = 35 + 0.8 (G − 50) + 10 Log10 B.\n\n (Attenuation greater than 80 decibels is not required.)\n Where:\n\n A = Attenuation (in decibels) below the mean output power level.\n\n G = Percent removed from the carrier frequency.\n\n B = Authorized bandwidth in megahertz.\n\n (ii) For operating frequencies above 15 GHz, in any 1 MHz reference bandwidth (BREF), the center\n frequency of which is removed from the assigned frequency by more than 50 percent up to and\n including 250 percent of the authorized bandwidth: As specified by the following equation but in\n no event less than 11 decibels:\n\n A = 11 + 0.4 (G−50) + 10 Log10 B.\n\n (Attenuation greater than 56 decibels is not required.)\n (iii) In any 4 kHz reference bandwidth (BREF), the center frequency of which is removed from the\n assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10\n Log10 (PMEAN in watts) decibels, or 80 decibels, whichever is the lesser attenuation.\n\n (3) Amplitude Modulation. For vestigial sideband AM video: On any frequency removed from the center\n frequency of the authorized band by more than 50%: at least 50 dB below peak power of the\n emission.\n\n (b) For all emissions not covered in paragraph (a) of this section, the peak power of emissions shall be\n attenuated below the peak envelope transmitter power (PPEAK) in accordance with the following schedule:\n\n (1) On any frequency 500 Hz inside the channel edge up to and including 2500 Hz outside the same\n edge, the following formula will apply:\n\n A = 29 Log10 [(25/11)[(D + 2.5 − (W/2)]2] dB\n\n (Attenuation greater than 50 decibels is not required.)\n\n47 CFR 74.637(b)(1) (enhanced display) page 62 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.637(b)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Where:\n\n A = Attenuation (in dB) below the peak envelope transmitter power.\n\n D = The displacement frequency (kHz) from the center of the authorized bandwidth.\n\n W = the channel bandwidth (kHz).\n\n (2) On any frequency removed from the channel edge by more than 2500 Hz: At least 43 + 10 Log10\n (PPEAK in watts) dB.\n\n (c) For purposes of compliance with the emission limitation requirements of this section:\n\n (1) If the transmitter modulates a single carrier, digital modulation techniques are considered as being\n employed when digital modulation occupies 50 percent or more of the total peak frequency\n deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be\n determined by adding the deviation produced by the digital modulation signal and the deviation\n produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by\n the FDM signal must be determined in accordance with § 2.202(f) of this chapter.\n\n (2) If the transmitter modulates two or more carriers, with at least one using digital modulation and one\n using frequency or other analog modulation, digital modulation techniques are considered as being\n employed when the necessary bandwidth of the digital signal(s) is 50 percent or more of the\n aggregate bandwidth of the system, comprising the digital necessary bandwidth(s), the analog\n necessary bandwidth(s), and any bandwidth(s) between the digital and analog necessary\n bandwidths. In this case, the aggregate bandwidth shall be used for the authorized bandwidth (B) in\n paragraph (a) of this section, and for purposes of compliance with the bandwidth limitations in\n paragraph (g) of this section and in § 74.602 of this subpart; and the sum of the powers of the\n analog and digital signals shall be used for mean transmitter power (PMEAN) in paragraph (a) or the\n peak envelope transmitter power (PPEAK) in paragraph (b) of this section, and for purposes of\n compliance with the power limitations in § 74.636 of this subpart.\n\n (3) For demonstrating compliance with the attenuation requirements for frequency modulation and\n digital modulation in paragraph (a) of this section, the resolution bandwidth (BRES) of the measuring\n equipment used for measurements removed from the center frequency by more than 250 percent of\n the authorized bandwidth shall be 100 kHz for operating frequencies below 1 GHz, and 1 MHz for\n operating frequencies above 1 GHz. The resolution bandwidth for frequencies removed from the\n center frequency by less than 250 percent of the authorized bandwidth shall be the reference\n bandwidth (BREF) specified in the individual emission limitations, but may be reduced to not less than\n one percent of the authorized bandwidth (B), adjusted upward to the nearest greater resolution\n bandwidth available on the measuring equipment. In all cases, if BRES and BREF are not equal, then\n the attenuation requirement must be increased (or decreased) as determined by a factor of 10 log10\n [(BREF in megahertz)/(BRES in megahertz)] decibels, where a positive factor indicates an increase in\n the attenuation requirement and a negative factor indicates a decrease in the attenuation\n requirement.\n\n (4) Stations licensed pursuant to an application filed before March 17, 2005, using equipment not\n conforming with the emission limitations specified above, may continue to operate indefinitely in\n accordance with the terms of their current authorizations, subject to periodic renewal. Existing\n equipment and equipment of product lines in production before April 16, 2003, authorized via\n\n47 CFR 74.637(c)(4) (enhanced display) page 63 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.637(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n certification or Declaration of Conformity before March 17, 2005, for equipment not conforming to\n the emission limitations requirements specified above, may continue to be manufactured and/or\n marketed, but may not be authorized for use under a station license except at stations licensed\n pursuant to an application filed before March 17, 2005. Any non-conforming equipment authorized\n under a station license, and replaced on or after March 17, 2005, must be replaced by conforming\n equipment.\n\n\n Note 1 to paragraph (c)(4): The Declaration of Conformity procedure has been replaced by\n Supplier's Declaration of Conformity. See § 2.950 of this chapter.\n\n (d) In the event that interference to other stations is caused by emissions outside the authorized channel, the\n FCC may require greater attenuation than that specified in paragraph (b) of this section.\n\n (e) The following limitations also apply to the operation of TV microwave booster stations:\n\n (1) The booster station must receive and amplify the signals of the originating station and retransmit\n them on the same frequency without significantly altering them in any way. The characteristics of the\n booster transmitter output signal shall meet the requirements applicable to the signal of the\n originating station.\n\n (2) The licensee is responsible for correcting any condition of interference that results from the radiation\n of radio frequency energy outside the assigned channel. Upon notice by the FCC to the station\n licensee that interference is being caused, operation of the apparatus must be immediately\n suspended and may not be resumed until the interference has been eliminated or it can be\n demonstrated that the interference is not due to spurious emissions. However, short term test\n transmissions may be made during the period of suspended operation to determine the efficacy of\n remedial measures.\n\n (3) In each instance where suspension of operation is required, the licensee must submit a full report to\n the FCC after operation is resumed. The report must contain details of the nature of the interference,\n the source of interfering signals, and the remedial steps taken to eliminate the interference.\n\n (f) In the event a station's emissions outside its authorized channel cause harmful interference, the\n Commission may require the licensee to take such further steps as may be necessary to eliminate the\n interference.\n\n (g) The maximum bandwidth which will be authorized per frequency assignment is set out in the table which\n follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the\n Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that\n less bandwidth would be sufficient to support an applicant's intended communications.\n\n\n\n\n47 CFR 74.637(g) (enhanced display) page 64 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.638\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Table 1 to Paragraph (g)\n\n Frequency Band (MHz) Maximum authorized bandwidth (MHz)\n 1,990 to 2,110 18\n 6,425 to 6,525 25\n 6,875 to 7,125 25\n 12,700 to 13,250 25\n 17,700 to 19,700 80\n\n\n[45 FR 78692, Nov. 26, 1980, as amended at 48 FR 50734, Nov. 3, 1983; 49 FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, 1984;\n50 FR 7342, Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, Nov. 26, 1985; 52 FR 7142, Mar. 9, 1987; 58 FR 51251, Oct.\n1, 1993; 68 FR 12769, Mar. 17, 2003; 82 FR 50836, Nov. 2, 2017]\n\n\n§ 74.638 Frequency coordination.\n (a) Coordination of all frequency assignments for fixed stations in all bands above 2110 MHz, and for mobile\n (temporary fixed) stations in the bands 6425–6525 MHz and 17.7–19.7 GHz, will be in accordance with\n the procedure established in paragraph (b) of this section, except that the prior coordination process for\n mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a\n coordination notification may be less than 30 days if the parties agree. Coordination of all frequency\n assignments for all mobile (temporary fixed) stations in all bands above 2110 MHz, except the bands\n 6425–6525 MHz and 17.7–19.7 GHz, will be conducted in accordance with the procedure established in\n paragraph (b) of this section or with the procedure in paragraph (d) of this section. Coordination of all\n frequency assignments for all fixed stations in the band 1990–2110 MHz will be in accordance with the\n procedure established in paragraph (c) of this section. Coordination of all frequency assignments for all\n mobile (temporary fixed) stations in the band 1990–2110 MHz will be conducted in accordance with the\n procedure in paragraph (d) of this section.\n\n (b) For each frequency coordinated under this paragraph, the interference protection criteria in 47 CFR\n 101.105(a), (b), and (c) and the frequency usage coordination procedures in 47 CFR 101.103(d) will apply.\n\n (c) For each frequency coordinated under this paragraph, the following frequency usage coordination\n procedures will apply:\n\n (1) General requirements. Applicants are responsible for selecting the frequency assignments that are\n least likely to result in mutual interference with other licensees in the same area. Applicants may\n consult local frequency coordination committees, where they exist, for information on frequencies\n available in the area. Proposed frequency usage must be coordinated with existing licensees and\n applicants in the area whose facilities could affect or be affected by the new proposal in terms of\n frequency interference on active channels, applied-for channels, or channels coordinated for future\n growth. Coordination must be completed prior to filing an application for regular authorization, for\n major amendment to a pending application, or for major modification to a license.\n\n (2) To be acceptable for filing, all applications for regular authorization, or major amendment to a\n pending application, or major modification to a license, must include a certification attesting that all\n co-channel and adjacent-channel licensees and applicants potentially affected by the proposed fixed\n use of the frequency(ies) have been notified and are in agreement that the proposed facilities can be\n installed without causing harmful interference to those other licensees and applicants.\n\n\n47 CFR 74.638(c)(2) (enhanced display) page 65 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.638(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (d) For each frequency coordinated under this paragraph, applicants are responsible for selecting the\n frequency assignments that are least likely to result in mutual interference with other licensees in the\n same area. Applicants may consult local frequency coordination committees, where they exist, for\n information on frequencies available in the area. In selecting frequencies, consideration should be given\n to the relative location of receive points, normal transmission paths, and the nature of the contemplated\n operation.\n\n[68 FR 12770, Mar. 17, 2003, as amended at 75 FR 17061, Apr. 5, 2010]\n\n\n§ 74.641 Antenna systems.\n (a) For fixed stations operating above 2025 MHz, the following standards apply:\n\n (1) Fixed TV broadcast auxiliary stations shall use directional antennas that meet the performance\n standards indicated in the following table. Upon adequate showing of need to serve a larger sector,\n or more than a single sector, greater beamwidth or multiple antennas may be authorized. Applicants\n shall request, and authorization for stations in this service will specify, the polarization of each\n transmitted signal. Booster station antennas having narrower beamwidths and reduced sidelobe\n radiation may be required in congested areas, or to resolve interference problems.\n\n (i) Stations must employ an antenna that meets the performance standards for Category B. In\n areas subject to frequency congestion, where proposed facilities would be precluded by\n continued use of a Category B antenna, a Category A antenna must be employed. The\n Commission may require the use of a high performance antenna where interference problems\n can be resolved by the use of such antennas.\n\n (ii) Licensees shall comply with the antenna standards table shown in this paragraph in the\n following manner:\n\n (A) With either the maximum beamwith to 3 dB points requirement or with the minimum\n antenna gain requirement; and\n\n (B) With the minimum radiation suppression to angle requirement.\n\n\n\n\n47 CFR 74.641(a)(1)(ii)(B) (enhanced display) page 66 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.641(a)(1)(ii)(B)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Antenna Standards\n\n Minimum radiation suppression to angle in degrees from centerline of main\n Frequency Maximum beamwidth to 3 dB points1 (included angle in Minimum antenna gain beam in decibels\n Category\n (MHz) degrees) (dbi) 5° to 10° to 15° to 20° to 30° to 100° to 140° to\n 10° 15° 20° 30° 100° 140° 180°\n1,990 to 2,110 A 5.0 n/a 12 18 22 25 29 33 39\n B 8.0 n/a 5 18 20 20 25 28 36\n6,875 to 7,125 A 1.5 n/a 26 29 32 34 38 41 49\n B 2.0 n/a 21 25 29 32 35 39 45\n12,700 to A 1.0 n/a 23 28 35 39 41 42 50\n13,250 B 2.0 n/a 20 25 28 30 32 37 47\n17,700 to A 2.2 38 25 29 33 36 42 55 55\n19,700 B 2.2 38 20 24 28 32 35 36 36\n1If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation\nplanes.\n\n\n\n\n47 CFR 74.641(a)(1)(ii)(B) (enhanced display) page 67 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.641(a)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) New periscope antenna systems will be authorized upon a certification that the radiation, in a\n horizontal plane, from an illuminating antenna and reflector combination meets or exceeds the\n antenna standards of this section. This provision similarly applies to passive repeaters employed to\n redirect or repeat the signal from a station's directional antenna system.\n\n (3) The choice of receiving antennas is left to the discretion of the licensee. However, licensees will not\n be protected from interference which results from the use of antennas with poorer performance than\n identified in the table of this section.\n\n (4) [Reserved]\n\n (5) Pickup stations are not subject to the performance standards herein stated.\n\n (b) All fixed stations are to use antenna systems in conformance with the standards of this section. TV\n auxiliary broadcast stations are considered to be located in an area subject to frequency congestion and\n must employ a Category A antenna when:\n\n (1) A showing by an applicant of a new TV auxiliary broadcast station or Cable Television Relay Service\n (CARS) station, which shares the 12.7–13.20 GHz band with TV auxiliary broadcast, indicates that\n use of a category B antenna limits a proposed project because of interference, and\n\n (2) That use of a category A antenna will remedy the interference thus allowing the project to be\n realized.\n\n (c) As an exception to the provisions of this section, the FCC may approve requests for use of periscope\n antenna systems where a persuasive showing is made that no frequency conflicts exist in the area of\n proposed use. Such approvals shall be conditioned to a standard antenna as required in paragraph (a) of\n this section when an applicant of a new TV auxiliary broadcast or Cable Television Relay station indicates\n that the use of the existing antenna system will cause interference and the use of a category A or B\n antenna will remedy the interference.\n\n (d) As a further exception to the provision of paragraph (a) of this section, the Commission may approve\n antenna systems not conforming to the technical standards where a persuasive showing is made that:\n\n (1) Indicates in detail why an antenna system complying with the requirements of paragraph (a) of this\n section cannot be installed, and\n\n (2) Includes a statement indicating that frequency coordination as required in § 74.604 (a) was\n accomplished.\n\n[45 FR 78693, Nov. 26, 1980, as amended at 49 FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, 1984; 50 FR 7342, Feb. 22, 1985;\n51 FR 19840, June 3, 1986; 52 FR 7143, Mar. 9, 1987; 55 FR 11587, Mar. 29, 1990; 56 FR 50663, Oct. 8, 1991; 62 FR 4922, Feb. 3,\n1997; 68 FR 12771, Mar. 17, 2003]\n\n\n§ 74.643 Interference to geostationary-satellites.\nApplicants and licensees must comply with § 101.145 of this chapter to minimize the potential of interference to\ngeostationary-satellites.\n\n[68 FR 12771, Mar. 17, 2003]\n\n\n\n\n47 CFR 74.643 (enhanced display) page 68 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.644\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.644 Minimum path lengths for fixed links.\n (a) The distance between end points of a fixed link must equal or exceed the value set forth in the table below\n or the EIRP must be reduced in accordance with the equation set forth below.\n\n Frequency band Minimum path length\n (MHz) (km)\n Below 1,990 n/a\n 1,990–7,125 17\n 12,200–13,250 5\n Above 17,700 n/a\n\n\n (b) For paths shorter than those specified in the Table, the EIRP shall not exceed the value derived from the\n following equation.\n\n EIRP = MAXEIRP−40 log(A/B) dBW\n Where:\n\n EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW.\n\n MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this part.\n\n A = Minimum path length from the Table above for the frequency band in kilometers.\n\n B = The actual path length in kilometers.\n\n\n Note 1 to paragraph (b): For transmitters using Automatic Transmitter Power Control, EIRP\n corresponds to the maximum transmitter power available, not the coordinated transmit power or\n the nominal transmit power.\n\n\n Note 2 to paragraph (b): Stations licensed based on an application filed before April 16, 2003, in\n the 2450–2483.5 MHz band, for EIRP values exceeding those specified above, may continue to\n operate indefinitely in accordance with the terms of their current authorizations, subject to periodic\n renewal.\n\n (c) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length\n requirement may be granted an exception to these requirements.\n\n\n Note: Links authorized prior to April 1, 1987, are excluded from this requirement, except that,\n effective April 1, 1992, the Commission will require compliance with the criteria where an existing\n link would otherwise preclude establishment of a new link.\n\n\n[52 FR 7143, Mar. 9, 1987, as amended at 68 FR 12771, Mar. 17, 2003]\n\n47 CFR 74.644(c) (enhanced display) page 69 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.651\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.651 Equipment changes.\n (a) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this\n chapter.\n\n (b) Multiplexing equipment may be installed on any licensed TV broadcast STL, TV relay or translator relay\n station without authority from the Commission.\n\n (c) Permissible changes in equipment operating in the bands 18.3–18.58 GHz and 19.26–19.3 GHz.\n Notwithstanding other provisions of this section, licensees of stations that remain co-primary under the\n provisions of § 74.602(g) may not make modifications to their systems that increase interference to\n satellite earth stations, or result in a facility that would be more costly to relocate.\n\n[28 FR 13718, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 FR 55938, Dec. 14, 1982; 49 FR 7131, Feb. 27, 1984; 58\nFR 19776, Apr. 16, 1993; 61 FR 4368, Feb. 6, 1996; 63 FR 36605, July 7, 1998; 65 FR 54173, Sept. 7, 2000; 68 FR 12771, Mar. 17,\n2003; 68 FR 16967, Apr. 8, 2003]\n\n\n§ 74.655 Authorization of equipment.\n (a) Except as provided in paragraph (b) of this section, all transmitting equipment first marketed for use under\n this subpart or placed into service after October 1, 1981, must be authorized under the certification\n procedure or Declaration of Conformity procedure, as detailed in paragraph (f) of this section. Equipment\n which is used at a station licensed prior to October 1, 1985, which has not been authorized as detailed in\n paragraph (f) of this section, may continue to be used by the licensee or its successors or assignees,\n provided that if operation of such equipment causes harmful interference due to its failure to comply with\n the technical standards set forth in this subpart, the FCC may, at its discretion, require the licensee to take\n such corrective action as is necessary to eliminate the interference. However, such equipment may not be\n further marketed or reused under part 74 after October 1, 1985.\n\n\n Note 1 to paragraph (a): The verification procedure has been replaced by Supplier's Declaration of\n Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain\n in use. See § 2.950 of this chapter.\n\n (b) Certification or Supplier's Declaration of Conformity is not required for transmitters used in conjunction\n with TV pickup stations operating with a peak output power not greater than 250 mW. Pickup stations\n operating in excess of 250 mW licensed pursuant to applications accepted for filing prior to October 1,\n 1980 may continue operation subject to periodic renewal. If operation of such equipment causes harmful\n interference the FCC may, at its discretion, require the licensee to take such corrective action as is\n necessary to eliminate the interference.\n\n (c) The license of a TV auxiliary station may replace transmitting equipment with authorized equipment, as\n detailed under paragraph (f) of this section, without prior FCC approval, provided the proposed changes\n will not depart from any of the terms of the station or system authorization or the Commission's technical\n rules governing this service, and also provided that any changes made to authorized transmitting\n equipment is in compliance with the provisions of part 2 of this chapter concerning modifications to\n authorized equipment.\n\n (d) Any manufacturer of a transmitter to be used in this service may authorize the equipment under the\n certification or Supplier's Declaration of Conformity procedures, as appropriate, following the procedures\n set forth in subpart J of part 2 of this chapter.\n47 CFR 74.655(d) (enhanced display) page 70 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.655(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (e) An applicant for a TV broadcast auxiliary station may also authorize an individual transmitter, as specified\n in paragraph (f) of this section, by following the procedures set forth in subpart J of part 2 of this chapter.\n\n (f) Transmitters designed to be used exclusively for a TV STL station, a TV intercity relay station, a TV\n translator relay station, or a TV microwave booster station, shall be authorized under Supplier's\n Declaration of Conformity. All other transmitters will be authorized under the certification procedure.\n\n[63 FR 36605, July 7, 1998, as amended at 68 FR 12772, Mar. 17, 2003; 82 FR 50836, Nov. 2, 2017]\n\n\n§ 74.661 Frequency tolerance.\nStations in this service shall maintain the carrier frequency of each authorized transmitter to within the following\npercentage of the assigned frequency.\n\n\n Table 1 to § 74.661\n\n Frequency band\n Frequency tolerance (%)\n (MHz)\n 2,025 to 2,110 1 0.005\n 2\n 2,450 to 2,483.5 0.001\n 6,425 to 6,525 0.005\n 6,875 to 7,125 1 0.005\n 12,700 to 13,250 1 0.005\n 17,700 to 18,820 0.003\n 18,920 to 19,700 0.003\n\n1\n Television translator relay stations shall maintain a frequency tolerance of 0.002%.\n\n2\n Stations licensed pursuant to an application filed before March 17, 2005, for tolerance values\nexceeding those specified above, may continue to operate indefinitely in accordance with the terms\nof their current authorizations, subject to periodic renewal. Existing equipment and equipment of\nproduct lines in production before April 16, 2003, authorized via certification or Declaration of\nConformity before March 17, 2005, for tolerance values exceeding those specified above, may\ncontinue to be manufactured and/or marketed, but may not be authorized for use under station\nlicense except at stations licensed pursuant to an application filed before March 17, 2005. Any non-\nconforming equipment authorized under a station license, and replaced on or after March 17, 2005,\nmust be replaced by conforming equipment.\n\n\n Note 1 to § 74.661: The Declaration of Conformity procedure has been replaced by Supplier's\n Declaration of Conformity. See § 2.950 of this chapter.\n\n\n[52 FR 7143, Mar. 9, 1987, as amended at 68 FR 12772, Mar. 17, 2003; 82 FR 50836, Nov. 2, 2017]\n\n\n\n\n47 CFR 74.661 (enhanced display) page 71 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.662\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.662 Frequency monitors and measurements.\nThe licensee of a television broadcast auxiliary station must provide means for measuring the operating frequency\nin order to ensure that the emissions are confined to the authorized channel.\n\n[48 FR 38482, Aug. 24, 1983]\n\n\n§ 74.663 Modulation limits.\nIf amplitude modulation is employed, negative modulation peaks shall not exceed 100%.\n\n[45 FR 78694, Nov. 26, 1980]\n\n\n§ 74.682 Station identification.\n (a) Each television broadcast auxiliary station operating with a transmitter output power of 1 watt or more\n must, when actually transmitting programs, transmit station identification at the beginning and end of\n each period of operation, and hourly, as close to the hour as feasible, at a natural break in program\n offerings by one of the following means:\n\n (1) Transmission of its own call sign by visual or aural means or by automatic transmission in\n international Morse telegraphy.\n\n (2) Visual or aural transmission of the call sign of the TV broadcast station with which it is licensed as\n an auxiliary.\n\n (3) Visual or aural transmission of the call sign of the TV broadcast station whose signals are being\n relayed or, where programs are obtained directly from network lines and relayed, the network\n identification.\n\n (b) Identification transmissions during operation need not be made when to make such transmission would\n interrupt a single consecutive speech, play, religious service, symphony concert, or any type of production.\n In such cases, the identification transmission shall be made at the first interruption of the entertainment\n continuity and at the conclusion thereof.\n\n (c) During occasions when a television pickup station is being used to deliver program material for network\n distribution it may transmit the network identification in lieu of its own or associated TV station call sign\n during the actual program pickup. However, if it is providing the network feed through its own associated\n TV broadcast station it shall perform the station identification required by paragraph (a) of this section at\n the beginning and end of each period of operation.\n\n (d) A period of operation is defined as a single uninterrupted transmission or a series of intermittent\n transmissions from a single location or continuous or intermittent transmission from a television pickup\n station covering a single event from various locations, within a single broadcast day.\n\n (e) Regardless of the method used for station identification it shall be performed in a manner conducive to\n prompt association of the signal source with the responsible licensee. In exercising the discretion\n provided by this rule, licensees are expected to act in a responsible manner to assure that result.\n\n (f) TV microwave boosters stations will be assigned individual call signs. However, station identification will\n be accomplished by the retransmission of identification as provided in paragraph (a) of this section.\n\n\n\n47 CFR 74.682(f) (enhanced display) page 72 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.690\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[31 FR 15488, Dec. 8, 1966; 32 FR 452, Jan. 17, 1967, as amended at 42 FR 36830, July 18, 1977; 43 FR 1951, Jan. 13, 1978; 44\nFR 36041, June 20, 1979; 49 FR 7131, Feb. 27, 1984]\n\n\n§ 74.690 Transition of the 1990–2025 MHz band from the Broadcast Auxiliary Service to\nemerging technologies.\n (a) New Entrants are collectively defined as those licensees proposing to use emerging technologies to\n implement Mobile Satellite Services in the 2000–2020 MHz band (MSS licensees), those licensees\n authorized after July 1, 2004 to implement new Fixed and Mobile services in the 1990–1995 MHz band,\n and those licensees authorized after September 9, 2004 in the 1995–2000 MHz and 2020–2025 MHz\n bands. New entrants may negotiate with Broadcast Auxiliary Service licensees operating on a primary\n basis and fixed service licensees operating on a primary basis in the 1990–2025 MHz band (Existing\n Licensees) for the purpose of agreeing to terms under which the Existing Licensees would relocate their\n operations to the 2025–2110 MHz band, to other authorized bands, or to other media; or, alternatively,\n would discontinue use of the 1990–2025 MHz band. New licensees in the 1995–2000 MHz and\n 2020–2025 MHz bands are subject to the specific relocation procedures adopted in WT Docket 04–356.\n\n (b) An Existing Licensee in the 1990–2025 MHz band allocated for licensed emerging technology services\n will maintain primary status in the band until the Existing Licensee's operations are relocated by a New\n Entrant, are discontinued under the terms of paragraph (a) of this section, or become secondary under the\n terms of paragraph (e)(6) of this section or the Existing Licensee indicates to a New Entrant that it\n declines to be relocated.\n\n (c) The Commission will amend the operating license of the Existing Licensee to secondary status only if the\n following requirements are met:\n\n (1) The service applicant, provider, licensee, or representative using an emerging technology guarantees\n payment of all relocation costs, including all engineering, equipment, site and FCC fees, as well as\n any reasonable additional costs that the relocated Existing Licensee might incur as a result of\n operation in another authorized band or migration to another medium;\n\n (2) The New Entrant completes all activities necessary for implementing the replacement facilities,\n including engineering and cost analysis of the relocation procedure and, if radio facilities are used,\n identifying and obtaining, on the incumbents' behalf, new microwave or Local Television\n Transmission Service frequencies and frequency coordination.\n\n (3) The New Entrant builds the replacement system and tests it for comparability with the existing\n system.\n\n (d) The Existing Licensee is not required to relocate until the alternative facilities are available to it for a\n reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. If, within\n one year after the relocation to new facilities the Existing Licensee demonstrates that the new facilities\n are not comparable to the former facilities, the New Entrant must remedy the defects.\n\n (e) Subject to the terms of this paragraph (e), the relocation of Existing Licensees will be carried out by MSS\n licensees in the following manner:\n\n (1) Existing Licensees and MSS licensees may negotiate individually or collectively for relocation of\n Existing Licensees to one of the channel plans specified in § 74.602(a)(3) of this chapter. Parties\n may not decline to negotiate, though Existing Licensees may decline to be relocated.\n\n\n\n47 CFR 74.690(e)(1) (enhanced display) page 73 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.690(e)(1)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) MSS licensees may relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs)\n 1–30, as such DMAs existed on September 6, 2000, and all fixed stations operating in the\n 1990–2025 MHz band on a primary basis, except those Existing Licensees that decline\n relocation. Such relocation negotiations shall be conducted as “mandatory negotiations,” as\n that term is used in § 101.73 of this chapter. If these parties are unable to reach a negotiated\n agreement, MSS Licensees may involuntarily relocate such Existing Licensees and fixed\n stations after December 8, 2004.\n\n (ii) [Reserved]\n\n (iii) On the date that the first MSS licensee begins operations in the 2000–2020 MHz band, a one-\n year mandatory negotiation period begins between MSS licensees and Existing Licensees in\n Nielsen DMAs 31–210, as such DMAs existed on September 6, 2000. After the end of the\n mandatory negotiation period, MSS licensees may involuntary relocate any Existing Licensees\n with which they have been unable to reach a negotiated agreement. As described elsewhere in\n this paragraph (e), MSS Licensees are obligated to relocate these Existing Licensees within the\n specified three- and five-year time periods.\n\n (2) Before negotiating with MSS licensees, Existing Licensees in Nielsen Designated Market Areas\n where there is a BAS frequency coordinator must coordinate and select a band plan for the market\n area. If an Existing Licensee wishes to operate in the 2025–2110 MHz band using the channels\n A03-A07 as specified in the Table in § 74.602(a) of this part, then all licensees within that Existing\n Licensee's market must agree to such operation and all must operate on a secondary basis to any\n licensee operating on the channel plan specified in § 74.602(a)(3) of this part. All negotiations must\n produce solutions that adhere to the market area's band plan.\n\n (3)–(4) [Reserved]\n\n (5) As of the date the first MSS licensee begins operations in the 1990–2025 MHz band, MSS Licensees\n must relocate Existing Licensees in DMAs 31–100, as they existed as of September 6, 2000, within\n three years, and in the remaining DMAs, as they existed as of September 6, 2000, within five years.\n\n (6) On December 9, 2013, all Existing Licensees will become secondary in the 1990–2025 MHz band.\n Upon written demand by any MSS licensee, Existing Licensees must cease operations in the\n 1990–2025 MHz band within six months.\n\n[65 FR 48180, Aug. 7, 2000, as amended at 67 FR 53756, Aug. 19, 2002; 68 FR 68252, Dec. 8, 2003; 69 FR 62621, Oct. 27, 2004; 69\nFR 67836, Nov. 22, 2004; 74 FR 29613, June 23, 2009]\n\n\nSubpart G—Low Power TV and TV Translator Stations\n§ 74.701 Definitions.\n\nLink to an amendment published at 89 FR 7265, Feb. 1, 2024.\n\n (a) Television broadcast translator station. A station in the broadcast service operated for the purpose of\n retransmitting the programs and signals of a television broadcast station, without significantly altering\n any characteristic of the original signal other than its frequency and amplitude, for the purpose of\n providing television reception to the general public.\n\n\n\n47 CFR 74.701(a) (enhanced display) page 74 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.701(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Primary station. The television station which provides the programs and signals being retransmitted by a\n television broadcast translator station.\n\n (c) Analog to Digital Replacement Translator (DRT). A television translator licensed to a full power television\n station that allows it to restore service to any loss areas that may have occurred as a result of its\n transition from analog to digital.\n\n (d) Digital to Digital Replacement Translator (DTDRT). A television translator licensed to a full power television\n station that allows it to restore service to any loss areas that may have occurred as a result of the station\n being assigned a new channel pursuant to the Incentive Auction and repacking process.\n\n (e) [Reserved]\n\n (f) Low power TV station. A station authorized under the provisions of this subpart that may retransmit the\n programs and signals of a TV broadcast station and that may originate programming in any amount\n greater than 30 seconds per hour and/or operates a subscription service. (See § 73.641 of part 73 of this\n chapter.)\n\n (g) [Reserved]\n\n (h) Local origination. Program origination if the parameters of the program source signal, as it reaches the\n transmitter site, are under the control of the low power TV station licensee. Transmission of TV program\n signals generated at the transmitter site constitutes local origination. Local origination also includes\n transmission of programs reaching the transmitter site via TV STL stations, but does not include\n transmission of signals obtained from either terrestrial or satellite microwave feeds or low power TV\n stations.\n\n (i) [Reserved]\n\n (j) Television broadcast translator station (“TV translator station”). A station operated for the purpose of\n retransmitting the programs and signals of a television broadcast station, without significantly altering\n any characteristic of the original signal other than its frequency, for the purpose of providing television\n reception to the general public.\n\n (k) Low power TV station (“LPTV station”). A station authorized under the provisions of this subpart that may\n retransmit the programs and signals of a television broadcast station, may originate programming in any\n amount greater than 30 seconds per hour for the purpose of providing television reception to the general\n public and, subject to a minimum video program service requirement, may offer services of an ancillary or\n supplementary nature, including subscription-based services. (See § 74.790.)\n\n (l) Digital program origination. For purposes of this part, digital program origination shall be any\n transmissions other than the simultaneous retransmission of the programs and signals of a TV or DTV\n broadcast station or transmissions related to service offerings of an ancillary or supplementary nature.\n Origination shall include locally generated television program signals and program signals obtained via\n video recordings (tapes and discs), microwave, common carrier circuits, or other sources.\n\n (m) Existing low power television or television translator station. When used in this subpart, the terms existing\n low power television and existing television translator station refer to a low power television station or\n television translator station that is either licensed or has a valid construction permit.\n\n[28 FR 13722, Dec. 14, 1963, as amended at 43 FR 1951, Jan. 13, 1978; 47 FR 21497, May 18, 1982; 48 FR 21486, May 12, 1983;\n52 FR 7422, Mar. 11, 1987; 52 FR 31403, Aug. 20, 1987; 62 FR 26720, May 14, 1997; 69 FR 69331, Nov. 29, 2004; 87 FR 58202,\nSept. 23, 2022]\n\n47 CFR 74.701(m) (enhanced display) page 75 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.702\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.702 Channel assignments.\n (a) An applicant for a new low power TV or TV translator station or for changes in the facilities of an\n authorized station shall endeavor to select a channel on which its operation is not likely to cause\n interference. The applications must be specific with regard to the channel requested. Only one channel\n will be assigned to each station.\n\n (1) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may be assigned to a low power TV or\n TV translator station.\n\n (2) Any one of the UHF Channels from 14 to 36, inclusive, may be assigned to a low power TV or TV\n translator station. In accordance with § 73.603(c) of this chapter, Channel 37 will not be assigned to\n such stations.\n\n (b) Changes in the Table of TV Allotments (§ 73.622(j) of this chapter), authorizations to construct new full\n power television stations or to authorizations to change facilities of existing such stations, may be made\n without regard to existing or proposed low power TV or TV translator stations. Where such a change\n results in a low power TV or TV translator station causing actual interference to reception of the full\n power television station, the licensee or permittee of the low power TV or TV translator station shall\n eliminate the interference or file an application for a change in channel assignment pursuant to § 73.3572\n of this chapter.\n\n (c) [Reserved]\n\n[47 FR 21497, May 18, 1982, as amended at 47 FR 30068, July 12, 1982; 47 FR 35590, Aug. 18, 1982; 52 FR 7423, Mar. 11, 1987;\n52 FR 31403, Aug. 20, 1987; 62 FR 26721, May 14, 1997; 86 FR 66214, Nov. 22, 2021; 87 FR 15344, Mar. 24, 2022; 87 FR 58202,\nSept. 23, 2022; 88 FR 30667, May 12, 2023]\n\n\n§ 74.703 Interference.\n (a) An application for a new low power TV or TV translator station or for a change in the facilities of such an\n authorized station will not be granted when it is apparent that interference will be caused. Except where\n there is a written agreement between the affected parties to accept interference, or where it can be shown\n that interference will not occur due to terrain shielding and/or Longley-Rice terrain dependent propagation\n methods, the licensee of a new low power TV or TV translator station shall protect existing low power TV\n and TV translator stations from interference within the protected contour defined in § 74.792 and shall\n protect existing Class A TV stations within the protected contours defined in § 73.6010 of this chapter.\n Such written agreement shall accompany the application. Copies of OET Bulletin No. 69 are available for\n inspection through the Federal Communications Commission's Reference Information Center. This\n document is also available on the FCC homepage at https://www.fcc.gov/oet/info/documents/\n bulletins/#69.\n\n (b) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct at its\n expense any condition of interference to the direct reception of the signal of any full-power TV broadcast\n station operating on the same channel as that used by the low power TV or TV translator station or an\n adjacent channel which occurs as a result of the operation of the low power TV or TV translator station.\n Interference will be considered to occur whenever reception of a regularly used signal is impaired by the\n signals radiated by the low power TV or TV translator station, regardless of the quality of the reception or\n the strength of the signal so used. If the interference cannot be promptly eliminated by the application of\n suitable techniques, operation of the offending low power TV or TV translator station shall be suspended\n and shall not be resumed until the interference has been eliminated. If the complainant refuses to permit\n\n47 CFR 74.703(b) (enhanced display) page 76 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.703(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n the low power TV or TV translator station to apply remedial techniques that demonstrably will eliminate\n the interference without impairment of the original reception, the licensee of the low power TV or TV\n translator station is absolved of further responsibility.\n\n (c) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct any\n condition of interference which results from the radiation of radio frequency energy outside its assigned\n channel. Upon notice by the FCC to the station licensee or operator that such interference is caused by\n spurious emissions of the station, operation of the station shall be immediately suspended and not\n resumed until the interference has been eliminated. However, short test transmissions may be made\n during the period of suspended operation to check the efficacy of remedial measures.\n\n (d) When a low-power TV or TV translator station causes interference to a CATV system by radiations within\n its assigned channel at the cable headend or on the output channel of any system converter located at a\n receiver, the earlier user, whether cable system or low-power TV or TV translator station, will be given\n priority on the channel, and the later user will be responsible for correction of the interference. When a\n low-power TV or TV translator station causes interference to a BRS or EBS system by radiations within its\n assigned channel on the output channel of any system converter located at a receiver, the earlier user,\n whether BRS system or low-power TV or TV translator station, will be given priority on the channel, and the\n later user will be responsible for correction of the interference.\n\n (e) Low power TV and TV translator stations are being authorized on a secondary basis to existing land\n mobile uses and must correct whatever interference they cause to land mobile stations or cease\n operation.\n\n (f)–(g) [Reserved]\n\n (h) In each instance where suspension of operation is required, the licensee shall submit a full report to the\n FCC after operation is resumed containing details of the nature of the interference, the source of the\n interfering signals, and the remedial steps taken to eliminate the interference. This report shall be filed via\n a Resumption of Operations notice in the FCC's Licensing and Management System (LMS).\n\n (i) [Reserved]\n\n[47 FR 21497, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, 1987; 53 FR 4169, Feb. 12, 1988;\n60 FR 55483, Nov. 1, 1995; 62 FR 26721, May 14, 1997; 65 FR 30012, May 10, 2000; 69 FR 69331, Nov. 29, 2004; 69 FR 72045,\nDec. 10, 2004; 85 FR 64408, Oct. 13, 2020; 86 FR 66214, Nov. 22, 2021; 87 FR 58202, Sept. 23, 2022; 88 FR 21448, Apr. 10, 2023;\n88 FR 30667, May 12, 2023]\n\n\n§§ 74.706-74.708 [Reserved]\n§ 74.709 Land mobile station protection.\n (a) Stations in the Land Mobile Radio Service, using the following channels in the indicated cities will be\n protected from interference caused by low power TV or TV translator stations, and low power TV and TV\n translator stations must accept any interference from stations in the land mobile service operating on the\n following channels:\n\n\n\n\n47 CFR 74.709(a) (enhanced display) page 77 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.709(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Table 1 to Paragraph (a)\n\n Coordinates\n City Channels\n Latitude Longitude\n Boston, MA 14, 16 42°21′24.4″ 071°03′23.2″\n Chicago, IL 14, 15 41°52′28.1″ 087°38′22.2″\n Cleveland, OH 14, 15 41°29′51.2″ 081°49′49.5″\n Dallas, TX 16 32°47′09.5″ 096°47′38.0″\n Detroit, MI 15, 16 42°19′48.1″ 083°02′56.7″\n Houston, TX 17 29°45′26.8″ 095°21′37.8″\n Los Angeles, CA 14, 16, 20 34°03′15.0″ 118°14′31.3″\n Miami, FL 14 25°46′38.4″ 080°11′31.2″\n New York, NY 14, 15, 16 40°45′06.4″ 073°59′37.5″\n Philadelphia, PA 19, 20 39°56′58.4″ 075°09′19.6″\n Pittsburgh, PA 14, 18 40°26′19.2″ 079°59′59.2″\n San Francisco, CA 16, 17 37°46′38.7″ 122°24′43.9″\n Washington, DC 17, 18 38°53′51.4″ 077°00′31.9″\n\n\n (b) The protected contours for the land mobile radio service are 130 kilometers from the above coordinates,\n except where limited by the following:\n\n (1) If the land mobile channel is the same as the channel in the following list, the land mobile protected\n contour excludes the area within 145 kilometers of the corresponding coordinates from list below.\n Except if the land mobile channel is 15 in New York or Cleveland or 16 in Detroit, the land mobile\n protected contour excludes the area within 95 kilometers of the corresponding coordinates from the\n list below.\n\n (2) If the land mobile channel is one channel above or below the channel in the following list, the land\n mobile protected contour excludes the area within 95 kilometers of the corresponding coordinates\n from the list below.\n\n\n Table 2 to Paragraph (b)(2)\n\n Coordinates\n City Channel\n Latitude Longitude\n San Diego, CA 15 32°41′52.7″ 116°56′06.3″\n Waterbury, CT 20 41°31′02.3″ 073°00′58.4″\n Washington, DC 14 38°57′17.4″ 077°00′15.9″\n Washington, DC 20 38°57′49.9″ 077°06′17.2″\n Champaign, IL 15 40°04′10.0″ 087°54′46.0″\n Jacksonville, IL 14 39°45′52.1″ 090°30′29.5″\n Ft. Wayne, IN 15 41°05′35.2″ 085°10′41.9″\n South Bend, IN 16 41°36′20.0″ 086°12′46.0″\n Salisbury, MD 16 38°24′15.4″ 075°34′43.7″\n\n47 CFR 74.709(b)(2) (enhanced display) page 78 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.709(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Coordinates\n City Channel\n Latitude Longitude\n Mt. Pleasant, MI 14 43°34′24.1″ 084°46′21.0″\n Hanover, NH 15 43°42′30.2″ 072°09′14.3″\n Canton, OH 17 40°51′04.2″ 081°16′36.4″\n Cleveland, OH 19 41°21′19.2″ 081°44′23.5″\n Oxford, OH 14 39°30′26.2″ 084°44′08.8″\n Zanesville, OH 18 39°55′42.0″ 081°59′07.0″\n Elmira-Corning, NY 18 42°06′22.0″ 076°52′16.0″\n Harrisburg, PA 21 40°20′43.1″ 076°52′08.3″\n Johnstown, PA 19 40°19′47.3″ 078°53′44.1″\n Lancaster, PA 15 40°15′45.0″ 076°27′50.0″\n Philadelphia, PA 17 40°02′30.9″ 075°14′21.9″\n Pittsburgh, PA 16 40°26′46.2″ 079°57′50.2″\n Scranton, PA 16 41°10′58.3″ 075°52′19.7″\n Parkersburg, WV 15 39°20′59.8″ 081°33′55.4″\n Madison, WI 15 43°03′03.0″ 089°29′13.0″\n\n\n (c) A low power TV or TV translator station application will not be accepted if it specifies a site that is within\n the protected contour of a co-channel or first adjacent channel land mobile assignment.\n\n (d) The low power TV or TV translator station field strength is calculated from the proposed effective radiated\n power (ERP) and the antenna height above average terrain (HAAT) in pertinent directions.\n\n (1) The field strength is calculated using Figure 10c of § 73.699 (F(50, 10) charts) of part 73 of this\n chapter.\n\n (2) A low power TV or TV translator station application will not be accepted if it specifies the same\n channel as one of the land mobile assignments and its field strength at the land mobile protected\n contour exceeds 52 dBu.\n\n (3) A low power TV or TV translator station application will not be accepted if it specifies a channel that\n is one channel above or below one of the land mobile assignments and its field strength at the land\n mobile protected contour exceeds 76 dBu.\n\n (e) To protect stations in the Offshore Radio Service, a low power TV or TV translator station construction\n permit application will not be accepted if it specifies operation on channels 15, 16, 17 or 18 in the\n following areas. West Longitude and North Latitude are abbreviated as W.L. and N.L. respectively.\n\n (1) On Channel 15: west of 92°00′ W.L.; east of 98°30′ W.L.; and south of a line extending due west from\n 30°30′ N.L., 92°00′ W.L. to 30°30′ N.L., 96°00′ W.L.; and then due southwest to 28°00′ N.L., 98°30′ W.L.\n\n (2) On Channel 16: west of 86°40′ W.L.; east of 96°30′ W.L.; and south of a line extending due west from\n 31°00′ N.L., 86°40′ W.L. to 31°00′ N.L., 95°00′ W.L. and then due southwest to 29°30′ N.L., 96°30′ W.L.\n\n (3) On Channel 17: west of 86°30′ W.L.; east of 96°00′ W.L.; and south of a line extending due west from\n 31°00′ N.L., 86°30′ W.L. to 31°30′ N.L., 94°00′ W.L. and then due southwest to 29°30′ N.L., 96°00′ W.L.\n\n (4) On Channel 18: west of 87°00′ W.L.; east of 95°00′ W.L.; and south of 31°00′ N.L.\n\n47 CFR 74.709(e)(4) (enhanced display) page 79 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.710\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n Note 1 to § 74.709: The Chief, Public Safety and Homeland Security Bureau waived the rules of\n this section to allow channel 15 to be used for land mobile operation in Los Angeles County, CA\n (DA 08–2823; adopted December 30, 2008). Notwithstanding the channels listed in paragraph (a)\n or (b)(2) of this section, the waiver requires LPTV and translator stations to protect this land\n mobile operation.\n\n\n[47 FR 21499, May 18, 1982, as amended at 50 FR 12027, Mar. 27, 1985; 50 FR 33942, Aug. 22, 1985; 69 FR 31906, June 8, 2004;\n87 FR 58203, Sept. 23, 2022; 88 FR 30668, May 12, 2023]\n\n\n§ 74.710 [Reserved]\n§ 74.720 Digital low power TV distributed transmission systems.\n (a) A digital low power TV or TV translator (LPTV) station may be authorized to operate multiple synchronized\n transmitters on its assigned channel to provide service consistent with the requirements of this section.\n Such operation is called a distributed transmission system (DTS). Except as expressly provided in this\n section, LPTV stations operating a DTS facility must comply with all rules in this part applicable to LPTV\n single-transmitter stations.\n\n (b) For purposes of compliance with this section, a digital LPTV station's “authorized facility” is the facility\n authorized for the station in a license or construction permit for non-DTS, single-transmitter-location\n operation. A digital LPTV station's “authorized service area” is defined as the area within its protected\n contour (described by § 74.792) as determined using the authorized facility.\n\n (c) The protected area for each DTS transmitter is determined based on the F(50,90) field strength given in §\n 74.792), calculated in accordance with § 73.625(b) of this chapter. The combined protected area of an\n LPTV DTS station is the logical union of the protected areas of all DTS transmitters, that falls within the\n station's authorized service area as defined in paragraph (b) of this section.\n\n (d) The DTS limiting area for each DTS transmitter is determined using the field strength from § 74.792 and\n the F(50,50) curves.\n\n (e) An application proposing use of DTS will not be accepted for filing unless it meets all of the following\n conditions:\n\n (1) The combined protected area covers all of the applicant's authorized service area;\n\n (2) Each DTS transmitter's LPTV DTS limiting contour falls within the authorized facility's LPTV DTS\n limiting contour;\n\n (3) Each DTS transmitter's protected area is contiguous with at least one other DTS transmitter's\n protected area;\n\n (4) The “combined field strength” of all DTS transmitters in a network does not cause interference to\n another station in excess of the criteria specified in § 74.793. The combined field strength at a given\n location is determined by a “root-sum-square” calculation, in which the combined field strength is\n equal to the square root of the sum of the squared field strengths from each transmitter in the DTS\n network at that location; and\n\n (5) Each DTS transmitter must be located within the station's authorized service area.\n\n\n47 CFR 74.720(e)(5) (enhanced display) page 80 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.720(f)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (f) All transmitters operating under a single LPTV DTS license must follow the same digital broadcast\n television transmission standard.\n\n[86 FR 21227, Apr. 22, 2021]\n\n\n§ 74.731 [Reserved]\n§ 74.732 Eligibility and licensing requirements.\n\nLink to an amendment published at 89 FR 7265, Feb. 1, 2024.\n\n (a) A license for a low power TV or TV translator station may be issued to any qualified individual, organized\n group of individuals, broadcast station licensee, or local civil governmental body.\n\n (b) More than one low power TV or TV translator station may be licensed to the same applicant whether or\n not such stations serve substantially the same area. Low power TV and TV translator stations are not\n counted for purposes of § 73.3555, concerning multiple ownership.\n\n (c) Only one channel will be assigned to each low power TV or TV translator station. Additional low power or\n translator stations may be authorized to provide additional reception. A separate application is required\n for each station and each application must be complete in all respects.\n\n (d) The FCC will not act on applications for new low power TV or TV translator stations, for changes in\n facilities of existing stations, or for changes in output channel tendered by displaced stations pursuant to\n § 73.3572(a)(1), when such changes will result in a major change until the applicable time for filing a\n petition to deny has passed pursuant to § 73.3584(c).\n\n (e) A proposal to change the primary TV station being retransmitted or an application of a licensed translator\n station to include low power TV station operation, i.e., program origination or subscription service will be\n subject only to a notification requirement.\n\n (f) Applications for transfer of ownership or control of a low power TV or TV translator station will be subject\n to petitions to deny.\n\n (g)–(h) [Reserved]\n\n[47 FR 21499, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 49 FR 20504, May 15, 1984; 52 FR 7423, Mar. 11, 1987;\n52 FR 10571, Apr. 2, 1987; 52 FR 31404, Aug. 20, 1987; 87 FR 58203, Sept. 23, 2022]\n\n\n§ 74.733 [Reserved]\n§ 74.734 Attended and unattended operation.\n (a) Low power TV and TV translator stations may be operated without a designated person in attendance if\n the following requirements are met:\n\n (1) If the transmitter site cannot be promptly reached at all hours and in all seasons, means shall be\n provided so that the transmitting apparatus can be turned on and off at will from a point that readily\n is accessible at all hours and in all seasons.\n\n (2) The transmitter also shall be equipped with suitable automatic circuits that will place it in a\n nonradiating condition in the absence of a signal on the input channel or circuit.\n\n47 CFR 74.734(a)(2) (enhanced display) page 81 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.734(a)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (3) The transmitting and the ON/OFF control, if at a location other than the transmitter site, shall be\n adequately protected against tampering by unauthorized persons.\n\n (4) A notification must be filed with the FCC via a Change of Control Point Notice in LMS providing the\n name, address, and telephone number of a person or persons who may be called to secure\n suspension of operation of the transmitter promptly should such action be deemed necessary by the\n FCC. Such information shall be kept current by the licensee.\n\n (5) In cases where the antenna and supporting structure are considered to be a hazard to air navigation\n and are required to be painted and lighted under the provisions of part 17 of the Rules, the licensee\n shall make suitable arrangements for the daily observations, when required, and lighting equipment\n inspections required by §§ 17.37 and 17.38 of the FCC rules.\n\n (b) An application for authority to construct a new low power TV station (when rebroadcasting the programs\n of another station) or TV translator station or to make changes in the facilities of an authorized station,\n and that proposes unattended operation, shall include an adequate showing as to the manner of\n compliance with this section.\n\n[47 FR 21500, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 60 FR 55483, Nov. 1, 1995; 63 FR 33878, June 22, 1998;\n67 FR 13233, Mar. 21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 30668, May 12, 2023]\n\n\n§ 74.735 Power limitations.\n (a) [Reserved]\n\n (b) The maximum ERP of a low power TV or TV translator station (average power) shall not exceed:\n\n (1) 3 kW for VHF channels 2–13; and\n\n (2) 15 kW for UHF channels 14–36.\n\n (c) The limits in paragraph (b) of this section apply to the effective radiated power in the horizontally\n polarized plane. For either omnidirectional or directional antennas, where the ERP values of the vertically\n and horizontally polarized components are not of equal strength, the ERP limits shall apply to the\n horizontal polarization, and the vertical ERP shall not intentionally exceed the horizontal ERP in any\n direction. Applications proposing the use of directional antenna systems must be accompanied by the\n following:\n\n (1) Complete description of the proposed antenna system, including the manufacturer and model\n number of the proposed directional antenna. It is not acceptable to label the antenna with only a\n generic term such as “Yagi” or “Dipole”. A specific model number must be provided. In the case of\n individually designed antennas with no model number, or in the case of a composite antenna\n composed of two or more individual antennas, the antenna should be described as a “custom” or\n “composite” antenna, as appropriate. A full description of the design of the antenna should also be\n submitted.\n\n (2) Relative field azimuth plane pattern (patterns for both horizontal and vertical polarization should be\n included if elliptical or circular polarization is used) of the proposed directional antenna. A value of\n 1.0 should be used for the maximum radiation in the horizontal polarization. The plot of the pattern\n should be oriented so that 0° corresponds to the maximum radiation of the directional antenna or,\n alternatively in the case of a symmetrical pattern, to the line of symmetry. The 0° on the plot should\n be referenced to the actual azimuth with respect to true North.\n\n47 CFR 74.735(c)(2) (enhanced display) page 82 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.735(c)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (3) A tabulation of the relative field pattern required in paragraph (c)(2), of this section. The tabulation\n should use the same zero degree reference as the plotted pattern, and be tabulated at least every\n 10°. In addition, tabulated values of all maximas and minimas, with their corresponding azimuths,\n should be submitted.\n\n (4) All azimuth plane patterns must be plotted in a PDF attachment to the application in a size sufficient\n to be easily viewed.\n\n (5) The horizontal plane patterns that are required are the patterns for the complete directional antenna\n system. In the case of a composite antenna composed of two or more individual antennas, this\n means that the patterns for the composite antenna composed of two or more individual antennas,\n not the patterns for each of the individual antennas, must be submitted.\n\n (6) If an elevation pattern is submitted in the application form, similar tabulations and PDF attachments\n shall be provided for the elevation pattern.\n\n (7) If a matrix pattern is submitted in the application form, similar tabulations shall be provided as\n necessary in the form of a spreadsheet to accurately represent the pattern.\n\n[30 FR 8847, July 14, 1965, as amended at 41 FR 28267, July 9, 1976; 47 FR 21500, May 18, 1982; 48 FR 21487, May 12, 1983; 52\nFR 7423, Mar. 11, 1987; 52 FR 31404, Aug. 20, 1987; 58 FR 44951, Aug. 25, 1993; 62 FR 26722, May 14, 1997; 76 FR 44828, July\n27, 2011; 86 FR 66214, Nov. 22, 2021; 87 FR 58203, Sept. 23, 2022; 88 FR 30668, May 12, 2023]\n\n\n§ 74.736 [Reserved]\n§ 74.737 Antenna location.\n (a) An applicant for a new low power TV or TV translator station or for a change in the facilities of an\n authorized station shall endeavor to select a site that will provide a line-of-sight transmission path to the\n entire area intended to be served and at which there is available a suitable signal from the primary station,\n if any, that will be retransmitted.\n\n (b) The transmitting antenna should be placed above growing vegetation and trees lying in the direction of the\n area intended to be served, to minimize the possibility of signal absorption by foliage.\n\n (c) A site within 8 kilometers of the area intended to be served is to be preferred if the conditions in paragraph\n (a) of this section can be met.\n\n (d) Consideration should be given to the accessibility of the site at all seasons of the year and to the\n availability of facilities for the maintenance and operation of the transmitting equipment.\n\n (e) The transmitting antenna should be located as near as is practical to the transmitter to avoid the use of\n long transmission lines and the associated power losses.\n\n (f) Consideration should be given to the existence of strong radio frequency fields from other transmitters at\n the site of the transmitting equipment and the possibility that such fields may result in the\n retransmissions of signals originating on frequencies other than that of the primary station being\n rebroadcast.\n\n[88 FR 30669, May 12, 2023]\n\n\n\n\n47 CFR 74.737(f) (enhanced display) page 83 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.750\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.750 Transmission system facilities.\n (a) A low power TV or TV translator station shall operate with a transmitter that is either certificated for\n licensing under the provisions of this subpart or type notified for use under part 73 of this chapter.\n\n (b) External preamplifiers also may be used provided that they do not cause improper operation of the\n transmitting equipment, and use of such preamplifiers is not necessary to meet the provisions of §\n 74.795(b).\n\n (c) through (d) [Reserved]\n\n (e) The following procedures shall apply:\n\n (1) Any manufacturer of apparatus intended for use at low power TV or TV translator stations may\n request certification by following the procedures set forth in part 2, subpart J, of this chapter.\n\n (2) Low power TV and TV translator transmitting apparatus that has been certificated by the FCC will\n normally be authorized without additional measurements from the applicant or licensee.\n\n (3) Applications for certification of modulators to be used with existing certificated TV translator\n apparatus must include the specifications electrical and mechanical interconnecting requirements\n for the apparatus with which it is designed to be used.\n\n (4) Other rules concerning certification, including information regarding withdrawal of type acceptance,\n modification of certificated equipment, and limitations on the findings upon which certification is\n based, are set forth in part 2, subpart J, of this chapter.\n\n (f) The transmitting antenna system may be designed to produce horizontal, elliptical, or circular polarization.\n\n (g) Low power TV or TV translator stations installing new certificated transmitting apparatus incorporating\n modulating equipment need not make equipment performance measurements and shall so indicate on\n the station license application. Stations adding new or replacing modulating equipment in existing low\n power TV or TV translator station transmitting apparatus must have a qualified person examine the\n transmitting system after installation. A report of the methods, measurements, and results must be kept\n in the station records. However, stations installing modulating equipment solely for the limited local\n origination of signals permitted by § 74.790 need not comply with the requirements of this paragraph (g).\n\n[88 FR 30669, May 12, 2023]\n\n\n§ 74.751 Modification of transmission systems.\n (a) No change, either mechanical or electrical, may be made in apparatus which has been certificated by the\n Commission without prior authority of the Commission. If such prior authority has been given to the\n manufacturer of certificated equipment, the manufacturer may issue instructions for such changes citing\n its authority. In such cases, individual licensees are not required to secure prior Commission approval but\n shall notify the Commission when such changes are completed.\n\n (b) Formal application (FCC Form 2100, Schedule C) is required for any of the following changes:\n\n (1) Replacement of the transmitter as a whole, except replacement with a transmitter of identical power\n rating which has been certificated by the FCC for use by low power TV and TV translator stations, or\n any change which could result in a change in the electrical characteristics or performance of the\n station.\n\n\n47 CFR 74.751(b)(1) (enhanced display) page 84 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.751(b)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) Any change in the transmitting antenna system, including the direction of radiation, directive antenna\n pattern, antenna gain, transmission line loss characteristics, or height of antenna center of radiation.\n\n (3) Any change in the overall height of the antenna structure, except where notice to the Federal Aviation\n Administration is specifically not required under § 17.14(b) of this chapter.\n\n (4) Any horizontal change of the location of the antenna.\n\n (5) A change in frequency assignment.\n\n (6) [Reserved]\n\n (7) A change of authorized operating power.\n\n (c) Notwithstanding the requirements in paragraph (b) of this section, a station may file in LMS a correction\n of geographic coordinates where the change is 3 seconds or fewer in latitude and/or 3 seconds or fewer\n in longitude, provided there is no physical change in location and no other licensed parameters are\n changed. An exhibit should be attached to the application(s) specifying that it is a coordinate correction.\n\n (d) Upon installation of new or replacement transmitting equipment for which prior FCC authority is not\n required under the provisions of this section, the licensee must place in the station records a certification\n that the new installation complies in all respects with the technical requirements of this part and the\n station authorization.\n\n[28 FR 13722, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 39 FR 38652, Nov. 1, 1974; 45 FR 26067, Apr. 17, 1980; 47\nFR 21501, May 18, 1982; 48 FR 41423, Sept. 15, 1983; 50 FR 23710, June 5, 1985; 52 FR 31405, Aug. 20, 1987; 63 FR 33879, June\n22, 1998; 63 FR 36605, July 7, 1998; 67 FR 13233, Mar. 21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 30669, May 12, 2023]\n\n\n§ 74.761 [Reserved]\n§ 74.762 Frequency measurements.\n (a) The licensee of a low power TV station or a TV translator station must measure the frequency of its\n output channel as often as necessary to ensure operation consistent with the Advanced Television\n Systems Committee (ATSC) standard (see § 73.682 of this chapter; for ATSC 1.0, § 73.682(d), ATSC A/53\n Part 2, and for ATSC 3.0, § 73.682(f)(2)), and at least once each calendar year at intervals not exceeding\n 14 months.\n\n (b) In the event that a low power TV or TV translator station is found to be operating inconsistent with the\n standard in paragraph (a) of this section, the licensee promptly shall suspend operation of the transmitter\n and shall not resume operation until the transmitter has been restored to its assigned frequency.\n\n[88 FR 30669, May 12, 2023]\n\n\n§ 74.763 Time of operation.\n (a) A low power TV or TV translator station is not required to adhere to any regular schedule of operation.\n However, the licensee of a TV translator station is expected to provide service to the extent that such is\n within its control and to avoid unwarranted interruptions in the service provided.\n\n (b) In the event that causes beyond the control of the low power TV or TV translator station licensee make it\n impossible to continue operating, the licensee may discontinue operation for a period of not more than 30\n days without further authority from the FCC. Notification must be sent to the FCC via a Suspension of\n\n47 CFR 74.763(b) (enhanced display) page 85 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.763(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Operations Notice filing in LMS, not later than the 10th day of discontinued operation. During such period,\n the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of\n antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period,\n the FCC shall be notified via a Resumption of Operations Notice filing in LMS of the date normal\n operations resumed. If causes beyond the control of the licensee make it impossible to comply within the\n allowed period, a request for Special Temporary Authority (see § 73.1635 of this chapter) shall be made\n to the FCC no later than the 30th day for such additional time as may be deemed necessary via LMS.\n\n (c) Failure of a low power TV or TV translator station to operate for a period of 30 days or more, except for\n causes beyond the control of the licensee, shall be deemed evidence of discontinuation of operation and\n the license of the station may be cancelled at the discretion of the FCC. Furthermore, the station's license\n will expire as a matter of law, without regard to any causes beyond control of the licensee, if the station\n fails to transmit broadcast signals for any consecutive 12-month period, notwithstanding any provision,\n term, or condition of the license to the contrary.\n\n (d) A television broadcast translator station shall not be permitted to radiate during extended periods when\n signals of the primary station are not being retransmitted.\n\n[28 FR 13722, Dec. 14, 1963, as amended at 52 FR 7423, Mar. 11, 1987; 52 FR 31405, Aug. 20, 1987; 61 FR 28768, June 6, 1996;\n63 FR 33879, June 22, 1998; 67 FR 13233, Mar. 21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 30669, May 12, 2023]\n\n\n§ 74.769 Familiarity with FCC rules.\nEach licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to\nstations authorized under this subpart. Copies of the Commission's rules may be obtained from the Superintendent\nof Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or\nhttps://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.\n\n[83 FR 13683, Mar. 30, 2018]\n\n\n§ 74.779 Electronic delivery of notices to LPTV stations.\nIn accordance with § 76.1600 of this title, beginning July 31, 2020, each licensee of a low power television station or\nnoncommercial educational translator station that is entitled to notices under § 76.64(k), § 76.1601, § 76.1607, or §\n76.1617 of this title shall receive such notices via email to the licensee's email address (not a contact\nrepresentative's email address, if different from the licensee's email address) as displayed publicly in the\nCommission's Licensing and Management System (LMS), or the primary station's carriage-related email address if\nthe noncommercial educational translator station does not have its own email address listed in LMS. Licensees are\nresponsible for the continuing accuracy and completeness of this information.\n\n[85 FR 16004, Mar. 20, 2020]\n\n\n§ 74.780 Broadcast regulations applicable to translators and low power stations.\nThe following rules are applicable to TV translator and low power TV stations:\n\n (a) 47 CFR part 5—Experimental authorizations.\n\n (b) 47 CFR 73.658—Affiliation agreements and network program practices; territorial exclusivity in non-\n network program arrangements.\n\n47 CFR 74.780(b) (enhanced display) page 86 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.780(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) 47 CFR part 11—Emergency Alert System (for low power TV stations locally originating programming as\n defined by § 74.701(h)).\n\n (d) 47 CFR 73.1030—Notifications concerning interference to radio astronomy, research, and receiving\n installations.\n\n (e) 47 CFR 73.1206—Broadcast of telephone conversations.\n\n (f) 47 CFR 73.1207—Rebroadcasts.\n\n (g) 47 CFR 73.1208—Broadcast of taped, filmed, or recorded material.\n\n (h) 47 CFR 73.1211—Broadcast of lottery information.\n\n (i) 47 CFR 73.1212—Sponsorship identifications; list retention; related requirements.\n\n (j) 47 CFR 73.1216—Licensee-conducted contests.\n\n (k) 47 CFR 73.1515—Special field test authorizations.\n\n (l) 47 CFR 73.1615—Operation during modification of facilities.\n\n (m) 47 CFR 73.1635—Special temporary authorizations (STA).\n\n (n) 47 CFR 73.1650—International agreements.\n\n (o) 47 CFR 73.1680—Emergency antennas.\n\n (p) 47 CFR 73.1692—Reserved.\n\n (q) 47 CFR 73.1940—Legally qualified candidates for public office.\n\n (r) 47 CFR 73.2080—Equal employment opportunities (for low power TV stations only).\n\n (s) 47 CFR 73.3500—Application and report forms.\n\n (t) 47 CFR 73.3511—Applications required.\n\n (u) 47 CFR 73.3512—Where to file; number of copies.\n\n (v) 47 CFR 73.3513—Signing of applications.\n\n (w) 47 CFR 73.3514—Content of applications.\n\n (x) 47 CFR 73.3516—Specification of facilities.\n\n (y) 47 CFR 73.3517—Contingent applications.\n\n (z) 47 CFR 73.3518—Inconsistent or conflicting applications.\n\n (aa) 47 CFR 73.3519—Repetitious applications.\n\n (bb) 47 CFR 73.3521—Mutually exclusive applications for low power TV and TV translator stations.\n\n (cc) 47 CFR 73.3522—Amendment of applications.\n\n (dd) 47 CFR 73.3525—Agreements for removing application conflicts.\n\n (ee) 47 CFR 73.3533—Application for construction permit or modification of construction permit.\n\n (ff) 47 CFR 73.3536—Application for license to cover construction permit.\n\n47 CFR 74.780(ff) (enhanced display) page 87 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.780(gg)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (gg) 47 CFR 73.3538(a)(1), (3), and (4) and (b)—Application to make changes in an existing station.\n\n (hh) 47 CFR 73.3539—Application for renewal of license.\n\n (ii) 47 CFR 73.3540—Application for voluntary assignment or transfer of control.\n\n (jj) 47 CFR 73.3541—Application for involuntary assignment of license or transfer of control.\n\n (kk) 47 CFR 73.3542—Application for emergency authorization.\n\n (ll) 47 CFR 73.3544—Application to obtain a modified station license.\n\n (mm) 47 CFR 73.3545—Application for permit to deliver programs to foreign stations.\n\n (nn) 47 CFR 73.3550—Requests for new or modified call sign assignments.\n\n (oo) 47 CFR 73.3561—Staff consideration of applications requiring Commission action.\n\n (pp) 47 CFR 73.3562—Staff consideration of applications not requiring action by the Commission.\n\n (qq) 47 CFR 73.3564—Acceptance of applications.\n\n (rr) 47 CFR 73.3566—Defective applications.\n\n (ss) 47 CFR 73.3568—Dismissal of applications.\n\n (tt) 47 CFR 73.3572—Processing of TV broadcast, low power TV, and TV translator station applications.\n\n (uu) 47 CFR 73.3580—Local public notice of filing of broadcast applications.\n\n (vv) 47 CFR 73.3584—Petitions to deny.\n\n (ww) 47 CFR 73.3587—Informal objections.\n\n (xx) 47 CFR 73.3591—Grants without hearing.\n\n (yy) 47 CFR 73.3593—Designation for hearing.\n\n (zz) 47 CFR 73.3594—Local public notice of designation for hearing.\n\n (aaa) 47 CFR 73.3597—Procedures on transfer and assignment applications.\n\n (bbb) 47 CFR 73.3598—Period of construction.\n\n (ccc) 47 CFR 73.3601—Simultaneous modification and renewal of license.\n\n (ddd) 47 CFR 73.3603—Special waiver procedure relative to applications.\n\n (eee) 47 CFR 73.3612—Annual employment report (for low power TV stations only).\n\n (fff) 47 CFR 73.3613—Availability to FCC of station contracts (network affiliation contracts for low power TV\n stations only).\n\n[87 FR 58203, Sept. 23, 2022]\n\n\n§ 74.781 Station records.\n (a) The licensee of a low power TV or TV translator station shall maintain adequate station records, including\n the current instrument of authorization, official correspondence with the FCC, contracts, permission for\n rebroadcasts, and other pertinent documents.\n\n47 CFR 74.781(a) (enhanced display) page 88 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.781(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Entries required by § 17.49 of this Chapter concerning any observed or otherwise known extinguishment\n or improper functioning of a tower light:\n\n (1) The nature of such extinguishment or improper functioning.\n\n (2) The date and time the extinguishment or improper operation was observed or otherwise noted.\n\n (3) The date, time and nature of adjustments, repairs or replacements made.\n\n (c) The station records shall be maintained for inspection at a residence, office, or public building, place of\n business, or other suitable place, in one of the communities of license of the translator, except that the\n station records of a translator licensed to the licensee of the primary station may be kept at the same\n place where the primary station records are kept. The station records shall be made available upon\n request to any authorized representative of the Commission.\n\n (d) Station logs and records shall be retained for a period of two years.\n\n[48 FR 44806, Sept. 30, 1983, as amended at 52 FR 31405, Aug. 20, 1987; 84 FR 2759, Feb. 8, 2019; 87 FR 58204, Sept. 23, 2022]\n\n\n§ 74.782 Low power television and TV translator simulcasting during the ATSC 3.0 (Next Gen TV)\ntransition.\n\nLink to an amendment published at 88 FR 45368, July 17, 2023.\n\n (a) Simulcasting arrangements. While broadcasters are voluntarily deploying ATSC 3.0, a low power television\n (LPTV) or TV translator station may partner with one or more other LPTV or TV translator stations or with\n one or more full power or Class A stations in a simulcasting arrangement for purposes of airing either an\n ATSC 1.0 or ATSC 3.0 signal on a host station's (i.e., a station whose facilities are being used to transmit\n programming originated by another station) facilities.\n\n (1) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a full\n power host station must comply with the rules of part 73 of this chapter governing power levels and\n interference, and must comply in all other respects with the rules and policies applicable to low\n power television or TV translator stations set forth in this part.\n\n (2) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a Class A\n host station must comply with the rules governing power levels and interference applicable to Class\n A television stations, and must comply in all other respects with the rules and policies applicable to\n LPTV or TV translator stations as set forth in Part 74 of this chapter.\n\n (b) Simulcasting requirement. An LPTV or TV translator station that elects voluntarily to simulcast while\n broadcasters are voluntarily deploying ATSC 3.0 must simulcast the primary video programming stream\n of their ATSC 3.0 signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams\n aired on the ATSC 3.0 channel.\n\n (1) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired\n on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially\n similar” means that the programming must be the same except for advertisements, promotions for\n upcoming programs, and programming features that are based on the enhanced capabilities of\n ATSC 3.0. These enhanced capabilities include:\n\n\n\n47 CFR 74.782(b)(1) (enhanced display) page 89 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.782(b)(1)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local\n news):\n\n (ii) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert\n “wake up” ability and interactive program features);\n\n (iii) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and\n\n (iv) Personalization of programming performed by the viewer and at the viewer's discretion.\n\n (2) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the\n ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is\n not considered “substantially similar.”\n\n (3) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17,\n 2027.\n\n (c) Transitioning directly to ATSC 3.0. LPTV and TV translator stations may transition directly from ATSC 1.0\n to ATSC 3.0 operation without simulcasting.\n\n (d) Coverage requirements for the ATSC 1.0 simulcast channel. For LPTV and TV translator stations that elect\n voluntarily to simulcast and temporarily to relocate their ATSC 1.0 signal to the facilities of a host station\n for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the\n station:\n\n (1) Must maintain overlap between the protected contour of its existing facilities and its ATSC 1.0\n simulcast signal;\n\n (2) May not relocate its ATSC 1.0 simulcast signal more than 30 miles from the reference coordinates of\n the relocating station's existing antenna location; and\n\n (3) Must select a host station assigned to the same Designated Market Area as the originating station\n (i.e., the station whose programming is being transmitted on the host station).\n\n (e) Coverage requirements for ATSC 3.0 signals. For LPTV and TV translator stations that elect voluntarily to\n simulcast and to continue broadcasting in ATSC 1.0 from the station's existing facilities and transmit an\n ATSC 3.0 signal from a host location, the ATSC 3.0 signal must be established on a host station assigned\n to the same DMA as the originating station.\n\n (f) Simulcasting agreements.\n\n (1) Simulcasting agreements must contain provisions outlining each licensee's rights and\n responsibilities regarding:\n\n (i) Access to facilities, including whether each licensee will have unrestrained access to the host\n station's transmission facilities;\n\n (ii) Allocation of bandwidth within the host station's channel;\n\n (iii) Operation, maintenance, repair, and modification of facilities, including a list of all relevant\n equipment, a description of each party's financial obligations, and any relevant notice\n provisions;\n\n (iv) Conditions under which the simulcast agreement may be terminated, assigned or transferred;\n and\n\n\n47 CFR 74.782(f)(1)(iv) (enhanced display) page 90 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.782(f)(1)(v)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (v) How a guest's station's (i.e., a station originating programming that is being transmitted using\n the facilities of a host station) signal may be transitioned off the host station.\n\n (2) LPTV and TV translators must maintain a written copy of any simulcasting agreement and provide it\n to the Commission upon request.\n\n (g) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation.\n\n (1) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be\n licensed and operated separately, have its own call sign, and be separately subject to all applicable\n Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of\n a host station will be licensed as temporary second channels of the originating station. The\n Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC\n 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a\n host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the\n facilities of the host station.\n\n (2) Application required. An LPTV or TV translator broadcaster must file an application (FCC Form 2100)\n with the Commission, and receive Commission approval, before:\n\n (i) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the\n facilities of an existing host station to the facilities of a different host station, or discontinuing\n an ATSC 1.0 guest signal;\n\n (ii) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already\n converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host\n station, or discontinuing an ATSC 3.0 guest signal; or\n\n (iii) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from\n ATSC 3.0 back to ATSC 1.0 transmissions.\n\n (3) Streamlined process. With respect to an application in paragraph (g)(2) of this section, an LPTV or\n TV translator broadcaster may file only an application for modification of license provided no other\n changes are being requested in such application that would require the filing of an application for a\n construction permit as otherwise required by the rules (see, e.g., §§ 74.751 and 74.787).\n\n (4) Host station. A host station must first make any necessary changes to its facilities before a guest\n station may file an application to air a 1.0 or 3.0 signal on such host.\n\n (5) Expedited processing. An application filed in accordance with the streamlined process in paragraph\n (g)(3) of this section will receive expedited processing provided, for LPTV and TV translator stations\n seeking voluntarily to simulcast and to air an ATSC 1.0 signal on the facilities of a host station, the\n station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the\n protected contour of its original ATSC 1.0 facility.\n\n (6) Required information.\n\n (i) An application in paragraph (g)(2) of this section must include the following information:\n\n (A) The station serving as the host, if applicable;\n\n (B) The technical facilities of the host station, if applicable;\n\n (C) The DMA of the originating broadcaster's facility and the DMA of the host station, if\n applicable; and\n\n47 CFR 74.782(g)(6)(i)(C) (enhanced display) page 91 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.782(g)(6)(i)(D)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (D) Any other information deemed necessary by the Commission to process the application.\n\n (ii) If an application in paragraph (g)(2) of this section includes a request to air an ATSC 1.0 signal\n on the facilities of a host station, the LPTV or TV translator broadcaster must also indicate on\n the application:\n\n (A) The predicted population within the protected contour served by the station's original ATSC\n 1.0 signal;\n\n (B) The predicted population within the protected contour served by the station's original ATSC\n 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting\n arrangement, including identifying areas of service loss by providing a contour overlap\n map; and\n\n (C) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95\n percent of the population in paragraph (g)(6)(ii)(A) of this section.\n\n (iii) If an application in paragraph (g)(2) of this section includes a request to air an ATSC 1.0 signal\n on the facilities of a host station and does not meet the 95 percent standard in paragraph\n (g)(6)(ii) of this section, the application must contain, in addition to the information in\n paragraphs (g)(6)(i) and (ii) of this section, the following information:\n\n (A) Whether there is another possible host station(s) in the market that would result in less\n service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to\n partner with a host station creating a larger service loss;\n\n (B) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g.,\n providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area);\n and\n\n (C) The public interest benefits of the simulcasting arrangement and a showing of why the\n benefit(s) of granting the application would outweigh the harm(s). These applications will\n be considered on a case-by-case basis.\n\n (h) Consumer education for Next Gen TV stations.\n\n (1) LPTV and TV translator stations that elect voluntarily to simulcast and that relocate their ATSC 1.0\n signals (e.g., moving to a host station's facilities, subsequently moving to a different host, or\n returning to its original facility) will be required to air daily Public Service Announcements (PSAs) or\n crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on\n their existing facilities. LPTV and TV translator stations that transition directly to ATSC 3.0 will be\n required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to\n the date that the stations will terminate ATSC 1.0 operations.\n\n (2) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by\n the transitioning station and be closed-captioned.\n\n (3) Crawls. Each crawl must be provided in the same language as a majority of the programming carried\n by the transitioning station.\n\n (4) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to\n ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers.\n\n (i) Notice to MVPDs.\n\n47 CFR 74.782(i) (enhanced display) page 92 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.782(i)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) Next Gen TV stations relocating their ATSC 1.0 simulcast signals (e.g., moving to a temporary host\n station's facilities, subsequently moving to a different host, or returning to its original facility) must\n provide notice to MVPDs that:\n\n (i) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or\n\n (ii) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new\n location.\n\n (2) The notice required by this section must contain the following information:\n\n (i) Date and time of any ATSC 1.0 channel changes;\n\n (ii) The ATSC 1.0 channel occupied by the station before and after commencement of local\n simulcasting;\n\n (iii) Modification, if any, to antenna position, location, or power levels;\n\n (iv) Stream identification information; and\n\n (v) Engineering staff contact information.\n\n (3) If any of the information in paragraph (f)(2) of this section changes, an amended notification must be\n sent.\n\n (4)\n\n (i) Next Gen TV stations must provide notice as required by this section:\n\n (A) At least 120 days in advance of relocating their ATSC 1.0 simulcast signals if the\n relocation occurs during the post-incentive auction transition period; or\n\n (B) At least 90 days in advance of relocating their 1.0 simulcast signals if the relocation\n occurs after the post-incentive auction transition period.\n\n (ii) If the anticipated date of the ATSC 1.0 service relocation changes, the station must send a\n further notice to affected MVPDs informing them of the new anticipated date.\n\n (5) Next Gen TV stations may choose whether to provide notice as required by this section either by a\n letter notification or electronically via email if the relevant MVPD agrees to receive such notices by\n email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the\n MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For\n cable systems that do not have an online file, notices must be sent to the cable system's official\n address of record provided in the system's most recent filing in the FCC's Cable Operations and\n Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be\n sent to the MVPD's official corporate address registered with their State of incorporation.\n\n[83 FR 5026, Feb. 2, 2018, as amended at 85 FR 43492, July 17, 2020; 88 FR 45368, July 17, 2023]\n\n\n§ 74.783 Station identification.\n (a) Each low power TV station as defined by § 74.701(f) must transmit its station identification using one of\n the following methods:\n\n\n\n\n47 CFR 74.783(a) (enhanced display) page 93 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.783(a)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) When originating programming, as defined by § 74.701(h), a low power TV station may use the\n station identification procedures given in § 73.1201 of this chapter on its primary stream. Other\n streams may use the method in paragraph (a)(2) of this section. The identification procedures given\n in the remainder of this paragraph are to be used at any time the station is not originating\n programming; or\n\n (2) By transmitting the call sign in the short channel name field of the Program and System and\n Information Protocol (PSIP) (or its ATSC 3.0 equivalent) for at least one stream on the station. If the\n station is assigned an alphanumeric call sign consistent with § 74.791(d) and its call sign has more\n than 7 characters, it may drop the “-D” from the end of the call sign when identifying with this\n method; or\n\n (3) By arranging for the primary station, whose signal is being rebroadcast, to identify the low power TV\n station by transmitting an easily readable visual presentation or a clearly understandable aural\n presentation of the low power TV station's call letters and location. Two such identifications shall be\n made between 7 a.m. and 9 a.m. and 3 p.m. and 5 p.m. each broadcast day at approximately one\n hour intervals during each time period. Television stations which do not begin their broadcast day\n before 9 a.m. shall make these identifications in the hours closest to these time periods at the\n specified intervals.\n\n (b) Licensees of television translator stations may arrange for identification via the method in paragraph\n (a)(3) of this section. Licensees of television translators who make such arrangements for station\n identification to be made by the television station whose signals are being rebroadcast by the translator,\n must secure agreement with this television station licensee to keep in its file, and available to FCC\n personnel, the translator's call letters and location, giving the name, address, and telephone number of the\n licensee or his service representative to be contacted in the event of malfunction of the translator. It shall\n be the responsibility of the translator licensee to furnish current information to the television station\n licensee for this purpose.\n\n (c) Transport Stream ID (TSID) values are identification numbers assigned to stations by the FCC and stored\n in the Commission's online database. Two sequential values are assigned to each station.\n\n (1) All low power TV stations originating programming shall transmit their assigned odd-numbered TSID,\n if one has been assigned. All TV translator stations, and low power TV stations not originating\n programming, shall pass through the assigned TSID of the originating station, unless the translator\n or low power TV station is modifying the signal of one or more originating stations in such a way\n that it is not clear which originating station's TSID should be used. In that case, the station shall\n transmit its assigned odd-numbered TSID if one has been assigned.\n\n (2) In ATSC 3.0, a similar value is used called a Bit Stream ID (BSID). LPTV stations operating in ATSC\n 3.0 mode shall utilize their assigned even-numbered TSID as their BSID, and LPTV/translator stations\n shall transmit the BSID as otherwise required of the TSID in paragraph (d)(1) of this section.\n\n[88 FR 30670, May 12, 2023]\n\n\n§ 74.784 Rebroadcasts.\n (a) The term rebroadcast means the reception by radio of the programs or other signals of a radio or\n television station and the simultaneous or subsequent retransmission of such programs or signals for\n direct reception by the general public.\n\n\n47 CFR 74.784(a) (enhanced display) page 94 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.784(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) The licensee of a low power TV or TV translator station shall not rebroadcast the programs of any other\n TV broadcast station or other station authorized under the provisions of this subpart without obtaining\n prior consent of the station whose signals or programs are proposed to be retransmitted. The FCC shall\n be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV\n broadcast translator station shall certify it has obtained written consent from the licensee of the station\n whose programs are being retransmitted. This notification shall be provided by email to\n TVRebroadcast@fcc.gov, the Video Division's email box.\n\n (c) A TV translator station may rebroadcast only programs and signals that are simultaneously transmitted by\n a TV broadcast station.\n\n (d) [Reserved]\n\n (e) The provisions of § 73.1207 of part 73 of this chapter apply to low power TV stations in transmitting any\n material during periods of program origination obtained from the transmissions of any other type of\n station.\n\n[28 FR 13722, Dec. 14, 1963, as amended at 47 FR 21502, May 18, 1982; 52 FR 31405, Aug. 20, 1987; 63 FR 33879, June 22, 1998;\n67 FR 13234, Mar. 21, 2002; 87 FR 58204, Sept. 23, 2022; 88 FR 30670, May 12, 2023]\n\n\n§ 74.785 Low power TV digital data service pilot project.\nLow power TV stations authorized pursuant to the LPTV Digital Data Services Act (Public Law 106–554, 114 Stat.\n4577, December 1, 2000) to participate in a digital data service pilot project shall be subject to the provisions of the\nCommission Order implementing that Act. FCC 01–137, adopted April 19, 2001, as modified by the Commission\nOrder on Reconsideration, FCC 02–40, adopted February 12, 2002.\n\n[67 FR 9621, Mar. 4, 2002]\n\n\n§ 74.786 [Reserved]\n§ 74.787 Licensing.\n\nLink to an amendment published at 89 FR 7265, Feb. 1, 2024.\n\n (a) Applications for low power television and television translator stations.\n\n (1)–(2) [Reserved]\n\n (3) Construction permit applications for new stations, major changes to existing stations in the low\n power television service. A public notice will specify the date upon which interested parties may\n begin to file applications for new stations and major facilities changes to existing stations in the low\n power television service. It will specify parameters for any applications that may be filed.\n Applications submitted prior to date announced by the public notice will be returned as premature.\n Such applications shall be accepted on a first-come, first-served basis, and shall be filed on FCC\n Form 2100, Schedule C. Applications for new or major change shall be subject to the appropriate\n application fee. Mutually exclusive applications shall be resolved via the Commission's part 1 and\n broadcast competitive bidding rules, § 1.2100 et seq., and § 73.5000 et seq. of this chapter. Such\n applicants shall be afforded an opportunity to submit settlements and engineering solutions to\n resolve mutual exclusivity pursuant to § 73.5002(d) of this chapter.\n\n47 CFR 74.787(a)(3) (enhanced display) page 95 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.787(a)(4)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (4) Displacement applications. A low power television, television translator, or DRT or DTDRT station\n which is causing or receiving interference or is predicted to cause or receive interference to or from\n an authorized TV broadcast station or allotment or other protected station or service, may at any\n time file a displacement relief application for change in channel, together with technical\n modifications that are necessary to avoid interference or continue serving the station's protected\n service area, provided the proposed transmitter site is not located more than 30 miles from the\n reference coordinates of the existing station's community of license. See § 76.53 of this chapter. A\n displacement relief application shall be filed on FCC Form 2100, Schedule C, and will be considered a\n minor change and will be placed on public notice for a period of not less than 30 days to permit the\n filing of petitions to deny. These applications will not be subject to the filing of competing\n applications. Where a displacement relief application for a low power television or television\n translator station becomes mutually exclusive with the application(s) for new low power television or\n television translator stations, or with other non-displacement relief applications for facilities\n modifications of low power television or television translator stations, priority will be afforded to the\n displacement application for the low power television or television translator station to the exclusion\n of other applications. Mutually exclusive displacement relief applications for low power television\n and television translator stations shall be resolved via the Commission's rules in part 1 of this\n chapter and broadcast competitive bidding rules in §§ 1.2100 through 1.2209 and 73.5000 through\n 73.5009 of this chapter. Such applicants shall be afforded an opportunity to submit settlements and\n engineering solutions to resolve mutual exclusivity pursuant to § 73.5002(d) of this chapter.\n\n (5) Applications for analog-to-digital and digital-to-digital replacement television translators.\n\n (i) Applications for new DRTs and DTDRTs are no longer accepted.\n\n (ii) [Reserved]\n\n (iii) Displacement applications for DRTs and DTDRTs shall be given processing priority over all other\n low power television and TV translator new, minor change, or displacement applications except\n displacement applications for other DRTs and DTDRTs with which they shall have co-equal\n priority.\n\n (iv) [Reserved]\n\n (v) “Pre-auction digital service area” is defined as the geographic area within the full power station's\n noise-limited contour (as set forth in Public Notice, DA 15–1296, released November 12, 2015).\n The service area of the digital-to-digital replacement translator shall be limited to only the\n demonstrated loss area within the full power station's pre-auction digital service area, provided\n that an applicant for a digital-to-digital replacement television translator may propose a de\n minimis expansion of its full power pre-auction digital service area upon demonstrating that the\n expansion is necessary to replace a loss in its pre-auction digital service area.\n\n (vi) The license for the analog-to-digital and digital-to-digital replacement television translator will\n be associated with the full power station's main license, will be assigned the same call sign,\n may not be separately assigned or transferred, and will be renewed with the full power station's\n main license.\n\n (vii) Analog-to-digital and digital-to-digital replacement television translators may operate only on\n those television channels designated for broadcast television in § 74.702.\n\n (b) Definitions of “major” and “minor” changes to low power television and television translator stations.\n\n\n47 CFR 74.787(b) (enhanced display) page 96 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.787(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) Applications for major changes in low power television and television translator stations include:\n\n (i) Any change in the frequency (output channel) not related to displacement relief;\n\n (ii) Any change in transmitting antenna location where the protected contour resulting from the\n change does not overlap some portion of the protected contour of the authorized facilities of\n the existing station; or\n\n (iii) Any change in transmitting antenna location of greater than 30 miles (48 kilometers) from the\n reference coordinates of the existing station's antenna location.\n\n (2) Other facilities changes will be considered minor including changes made to implement a channel\n sharing arrangement provided they comply with the other provisions of this section.\n\n (c) Licensing. An application to construct a new low power TV or TV translator station or change the facilities\n of an existing station will not be accepted if it fails to protect an authorized Class A, low power TV, or TV\n translator station or an application for such a station filed prior to the date the low power TV or TV\n translator application is filed.\n\n[69 FR 69333, Nov. 29, 2004, as amended at 74 FR 23655, May 20, 2009; 76 FR 44828, July 27, 2011; 81 FR 5053, Feb. 1, 2016; 83\nFR 13683, Mar. 30, 2018; 84 FR 2759, Feb. 8, 2019; 86 FR 66214, Nov. 22, 2021; 87 FR 58204, Sept. 23, 2022; 88 FR 30670, May\n12, 2023]\n\n\n§ 74.789 [Reserved]\n§ 74.790 Permissible service of TV translator and LPTV stations.\n\nLink to an amendment published at 88 FR 59469, Aug. 29, 2023.\n\n (a) TV translator stations provide a means whereby the signals of broadcast stations may be retransmitted to\n areas in which direct reception of such stations is unsatisfactory due to distance or intervening terrain\n barriers.\n\n (b) Except as provided in paragraph (f) of this section, a TV translator station may be used only to receive the\n signals of a TV broadcast station, another TV translator station, a TV translator relay station, a television\n intercity relay station, a television STL station, or other suitable sources such as a CARS or common\n carrier microwave station, for the simultaneous retransmission of the programs and signals of a TV\n broadcast station. Such retransmissions may be accomplished by any of the following means:\n\n (1) Reception of TV broadcast station programs and signals directly through space and conversion to a\n different channel by one of the following transmission modes:\n\n (i) Heterodyne frequency conversion and suitable amplification, subject to a digital output power\n limit of 30 watts for transmitters operating on channels 14–69 and 3 watts for transmitters\n operating on channels 2–13; or\n\n (ii) Digital signal regeneration (i.e., signal demodulation, decoding, error processing, encoding,\n remodulation, and frequency upconversion) and suitable amplification; or,\n\n (2) Demodulation, remodulation, and amplification of TV broadcast station programs and signals\n received through a microwave transport.\n\n\n\n47 CFR 74.790(b)(2) (enhanced display) page 97 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.790(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) The transmissions of each TV translator station shall be intended for direct reception by the general\n public, and any other use shall be incidental thereto. A TV translator station shall not be operated solely\n for the purpose of relaying signals to one or more fixed receiving points for retransmission, distribution, or\n further relaying.\n\n (d) Except as provided in paragraphs (e) and (f) of this section, the technical characteristics of the\n retransmitted signals shall not be deliberately altered so as to hinder reception on consumer TV\n broadcast receiving equipment.\n\n (e) A TV translator station shall not retransmit the programs and signals of any TV broadcast station(s)\n without the prior written consent of such station(s). A TV translator may multiplex on its output channel\n the video program services of two or more TV broadcast stations, pursuant to arrangements with all\n affected stations, and for this limited purpose, is permitted to alter a TV broadcast signal.\n\n (f) A TV translator station may transmit locally originated visual and/or aural messages limited to emergency\n warnings of imminent danger, to local public service announcements (PSAs) and to seeking or\n acknowledging financial support deemed necessary to the continued operation of the station.\n Acknowledgments of financial support may include identification of the contributors, the size and nature\n of the contribution and the advertising messages of the contributors. The originations concerning\n financial support and PSAs are limited to 30 seconds each, no more than once per hour. Emergency\n transmissions shall be no longer or more frequent than necessary to protect life and property. Such\n originations may be accomplished by any technical means agreed upon between the TV translator and TV\n station whose signal is being retransmitted, but must be capable of being received on consumer TV\n broadcast reception equipment.\n\n (g) An LPTV station may operate under the following modes of service:\n\n (1) For the retransmission of programming of a TV broadcast station, subject to the prior written\n consent of the station whose signal is being retransmitted.\n\n (2) For the origination of programming and commercial matter as defined in § 74.701(l).\n\n (3) Whenever operating, an LPTV station must transmit at least one over-the-air video program signal at\n no direct charge to viewers at a resolution of at least 480i (vertical resolution of 480 lines,\n interlaced).\n\n (4) An LPTV station may dynamically alter the bit stream of its signal to transmit one or more video\n program services in any established DTV video format.\n\n (h) An LPTV station is not subject to minimum required hours of operation and may operate in either of the\n two modes described in paragraph (g) of this section for any number of hours.\n\n (i) Upon transmitting a signal that meets the requirements of paragraph (g)(3) of this section, an LPTV\n station may offer services of any nature, consistent with the public interest, convenience, and necessity,\n on an ancillary or supplementary basis in accordance with the provisions of § 73.624(c) and (g) of this\n chapter.\n\n (j) An LPTV station may not be operated solely for the purpose of relaying signals to one or more fixed\n receiving points for retransmission, distribution or relaying.\n\n (k) An LPTV station may receive input signals for transmission or retransmission by any technical means,\n including those specified in paragraph (b) of this section.\n\n\n\n47 CFR 74.790(k) (enhanced display) page 98 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.790(l)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (l) As necessary, a TV translator shall modify, to avoid TV reception tuning conflicts with other stations, the\n Program System and Information Protocol (PSIP) information in the TV broadcast signal being\n retransmitted.\n\n (m) Low power television and TV translator stations may no longer operate any facility in analog (NTSC)\n mode.\n\n (n) An LPTV station shall transmit at least the minimum Program System and Information Protocol (PSIP)\n information necessary for receivers to display the station's programming. The station is not required to\n utilize any specific virtual channel number but must avoid creating a contour overlap with any full power\n TV or Class A TV station's virtual channel, or creating a contour overlap with another LPTV station using\n the same virtual channel.\n\n (o) Provision of analog FM radio operations by digital LPTV channel 6 stations (FM6 LPTV stations). FM6\n LPTV stations may provide analog FM radio operations (FM6 operations) on an ancillary or\n supplementary basis subject to the following:\n\n (1) The FM6 LPTV station must have been providing FM6 operations pursuant to an active engineering\n special temporary authority on June 7, 2022, or as otherwise permitted by the Commission.\n\n (2) The FM6 LPTV station must be operating in ATSC 3.0 digital format, as authorized in § 74.782.\n\n (3) FM6 operations may only be conducted on 87.75 MHz.\n\n (4) FM6 operations shall be conducted on a non-interference basis to any other licensed user, including\n but not limited to broadcast television or radio users.\n\n (5) The FM6 LPTV station's FM6 service contour must be contained within and may not exceed the\n protected contour of the FM6 LPTV station's synchronized video/audio programming stream. These\n contours shall be determined using established methodologies in § 73.313 of this chapter (FM\n radio) and § 74.792 (LPTV).\n\n (6) The FM6 LPTV station must provide at least one stream of synchronized video and audio\n programming, at any time the station is operating.\n\n (7) FM6 LPTV stations may make minor modifications to their technical facilities, as otherwise\n permitted under part 73 of this chapter or this part, so long as the station's proposed modified\n “protected contour,” as defined in § 74.792, does not exceed its protected contour as it was\n authorized on July 20, 2023, or where the station can demonstrate that such change is being made\n due to an engineering necessity such as the loss of a tower site or change in equipment due to\n malfunction and where the station can also demonstrate that the modification will not cause any\n interference to other licensed users.\n\n (8) FM6 LPTV stations may be assigned or transferred; however, an FM6 LPTV station's FM6 operation\n is not severable from its digital license and may not be assigned or transferred separate from the\n FM6 LPTV station.\n\n (9) FM6 LPTV stations must notify the Media Bureau within 30 days of permanently ceasing FM6\n operations. Such notification hall be made by written letter and mailed to the FCC Office of the\n Secretary, Attention: Chief, Video Division, Media Bureau. If an FM6 LPTV station permanently\n ceases FM6 operations, FM6 operations may not resume.\n\n\n\n\n47 CFR 74.790(o)(9) (enhanced display) page 99 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.790(o)(10)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (10) FM6 LPTV stations must certify in an attachment to their license renewal application that they have\n continued to provide FM6 service in accordance with the FM6 rules in this section during the prior\n license term.\n\n (11) FM6 LPTV stations shall continue to be subject to all rules in part 73 of this chapter and this part\n applicable to low power television stations. In addition, the following rules shall apply to FM6 LPTV\n stations with respect to their FM6 operations:\n\n (i) Part 11 of this chapter The Emergency Alert System (EAS).\n\n (ii) Section 73.293, Use of FM multiplex subcarriers.\n\n (iii) Section 73.295, FM subsidiary communications services.\n\n (iv) Section 73.297, FM stereophonic sound broadcasting.\n\n (v) Section 73.310, FM technical definitions.\n\n (vi) Section 73.313, Prediction of coverage.\n\n (vii) Section 73.319, FM multiplex subcarrier technical standards.\n\n (viii) Section 73.322, FM stereophonic sound transmission standards.\n\n (ix) Section 73.333, Engineering charts.\n\n (x) Section 73.1201, Station identification.\n\n (xi) Section 73.1206, Broadcast of telephone conversations.\n\n (xii) Section 73.1207, Rebroadcasts.\n\n (xiii) Section 73.1208, Broadcast of taped, filmed, or recorded material.\n\n (xiv) Section 73.1209, References to time.\n\n (xv) Section 73.1211, Broadcast of lottery information.\n\n (xvi) Section 73.1212, Sponsorship identification; list retention; related requirements.\n\n (xvii) Section 73.1216, Licensee-conducted contests.\n\n (xviii) Section 73.1217, Broadcast hoaxes.\n\n (xix) Section 73.1250, Broadcasting emergency information.\n\n (xx) Section 73.1300, Unattended station operation.\n\n (xxi) Section 73.1635, Special temporary authorizations (STA).\n\n (xxii) Section 73.1740, Minimum operating schedule.\n\n (xxiii) Section 73.1750, Discontinuance of operation.\n\n (xxiv) Section 73.1940, Legally qualified candidates for public office.\n\n (xxv) Section 73.1941, Equal opportunities.\n\n (xxvi) Section 73.1942, Candidate rates.\n\n (xxvii) Section 73.1943, Political file.\n\n47 CFR 74.790(o)(11)(xxvii) (enhanced display) page 100 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.790(o)(11)(xxviii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (xxviii) Section 73.1944, Reasonable access.\n\n (xxix) Section 73.2080, Equal employment opportunities (EEO).\n\n (xxx) Section 73.3526, Online public inspection file of commercial stations.\n\n (xxxi) Section 73.4005, Advertising—refusal to sell.\n\n (xxxii) Section 73.4045, Barter agreements.\n\n (xxxiii) Section 73.4055, Cigarette advertising.\n\n (xxxiv) Section 73.4060, Citizens agreements.\n\n (xxxv) Section 73.4075, Commercials, loud.\n\n (xxxvi) Section 73.4095, Drug lyrics.\n\n (xxxvii) Section 73.4097, EBS (now EAS) attention signals on automated programing systems.\n\n (xxxviii) Section 73.4165, Obscene language.\n\n (xxxix) Section 73.4170, Obscene broadcasts.\n\n (xl) Section 73.4180, Payment disclosure: Payola, plugola, kickbacks.\n\n (xli) Section 73.4185, Political broadcasting and telecasting, the law of.\n\n (xlii) Section 73.4190, Political candidate authorization notice and sponsorship identification.\n\n (xliii) Section 73.4215, Program matter: Supplier identification.\n\n (xliv) Section 73.4242, Sponsorship identification rules, applicability of.\n\n (xlv) Section 73.4250, Subliminal perception.\n\n (xlvi) Section 73.4255, Tax certificates: Issuance of.\n\n (xlvii) Section 73.4260, Teaser announcements.\n\n (xlviii) Section 73.4265, Telephone conversation broadcasts (network and like sources).\n\n[69 FR 69334, Nov. 29, 2004, as amended at 87 FR 58205, Sept. 23, 2022; 88 FR 30670, May 12, 2023; 88 FR 59468, Aug. 29,\n2023; 88 FR 59469, Aug. 29, 2023]\n\n\n§ 74.791 Call signs.\n (a) Low power stations. Call signs for low power stations will be made up of a prefix consisting of the initial\n letter K or W followed by the channel number assigned to the station and two additional letters and a\n suffix consisting of the letters –D.\n\n (b) Television translator stations. Call signs for digital television translator stations will be made up of a prefix\n consisting of the initial letter K or W followed by the channel number assigned to the station and two\n additional letters and a suffix consisting of the letter –D.\n\n\n\n\n47 CFR 74.791(b) (enhanced display) page 101 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.791(c)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (c) Low power television stations and Class A television stations. Low power television and Class A television\n stations may be assigned a call sign with a four-letter prefix pursuant to § 73.3550 of this chapter. Low\n power stations with four-letter prefixes will be assigned the suffix –LD and digital Class A stations with\n four-letter prefixes will be assigned the suffix –CD.\n\n (d) Call sign protocol. The use of the initial letter generally will follow the pattern used in the broadcast\n service, i.e., stations west of the Mississippi River will be assigned an initial letter K and those east, the\n letter W. The two letter combinations following the channel number will be assigned in order, and requests\n for the assignment of the particular combinations of letters will not be considered. The channel number\n designator for Channels 2 through 9 will be incorporated in the call sign as a 2-digit number, i.e., 02, 03,\n etc., so as to avoid similarities with call signs assigned to amateur radio stations. In the event that the two\n letter combination following the channel numbers reaches ZZ, the next subsequent call sign shall have\n three letters, beginning with AAA.\n\n[87 FR 58206, Sept. 23, 2022, as amended at 88 FR 30670, May 12, 2023]\n\n\n§ 74.792 Low power TV and TV translator station protected contour.\n (a) A low power TV or TV translator will be protected from interference from other low power TV, TV\n translator, or Class A TV stations within the following predicted contours:\n\n (1) 43 dBu for stations on Channels 2 through 6;\n\n (2) 48 dBu for stations on Channels 7 through 13; and\n\n (3) 51 dBu for stations on Channels 14 through 36.\n\n (b) The digital low power TV or TV translator protected contour is calculated from the authorized effective\n radiated power and antenna height above average terrain, using the F(50,90) signal propagation method\n specified in § 73.625(b)(1) of this chapter.\n\n[69 FR 69335, Nov. 29, 2004, as amended at 86 FR 66214, Nov. 22, 2021; 87 FR 58206, Sept. 23, 2022]\n\n\n§ 74.793 Low power TV and TV translator station protection of broadcast stations.\n\nLink to an amendment published at 89 FR 7265, Feb. 1, 2024.\n\n (a) An application to construct a new low power TV or TV translator station or change the facilities of an\n existing station will not be accepted if it fails to meet the interference protection requirements in this\n section.\n\n (b) Except as provided in this section, interference prediction analysis is based on the interference thresholds\n (D/U signal strength ratios) and other criteria and methods specified in § 73.623(c)(2) through (4) of this\n chapter. Predictions of interference to co-channel TV broadcast, Class A TV, LPTV, and TV translator\n stations will be based on the interference thresholds specified therein for “DTV-into-DTV.”\n\n (c) The following D/U signal strength ratio (dB) shall apply to the protection of stations on the first adjacent\n channel. The D/U ratios correspond to the LPTV or TV translator station's specified out-of-channel\n emission mask.\n\n\n\n47 CFR 74.793(c) (enhanced display) page 102 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.793(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Table 1 to Paragraph (c)\n\n Simple Stringent\n Full service mask\n mask mask\n −7 −12 Lower (−28)/Upper (−26).\n\n\n (d) For analysis of predicted interference from digital low power TV and TV translator stations, the relative\n field strength values of the antenna vertical radiation pattern if provided by the applicant will be used\n instead of the doubled values in Table 8 in OET Bulletin 69 up to a value of 1.0.\n\n (e) Protection to the authorized facilities of DTV broadcast stations shall be based on not causing predicted\n interference to the population within the service area defined and described in § 73.622(e) of this chapter,\n except that a digital low power TV or TV translator station must not cause a loss of service to 0.5 percent\n or more of the population predicted to receive service from the authorized DTV facilities.\n\n (f) [Reserved]\n\n (g) Protection to the authorized facilities of Class A and digital Class A TV stations shall be based on not\n causing predicted interference to the population within the service area defined and described in §\n 73.6010 (a) through (d) of this chapter, respectively, except that a digital low power TV or TV translator\n station must not cause a loss of service to 0.5 percent or more of the population predicted to receive\n service from the authorized Class A TV or digital Class A TV facilities.\n\n (h) Protection to the authorized facilities of low power TV and TV translator stations shall be based on not\n causing predicted interference to the population within the service area defined and described in §\n 74.792, except that a digital low power TV or TV translator station must not cause a loss of service to 2.0\n percent or more of the population predicted to receive service from the authorized low power TV or TV\n translator station.\n\n[69 FR 69335, Nov. 29, 2004, as amended at 76 FR 44828, July 27, 2011; 87 FR 58206, Sept. 23, 2022]\n\n\n§ 74.794 Digital emissions.\n\nLink to an amendment published at 89 FR 7265, Feb. 1, 2024.\n\n (a)\n\n (1) An applicant for a LPTV or TV translator station construction permit shall specify that the station will\n be constructed to confine out-of-channel emissions within one of the following emission masks:\n Simple, stringent, or full service.\n\n (2) The power level of emissions on frequencies outside the authorized channel of operation must be\n attenuated no less than following amounts below the average transmitted power within the\n authorized 6 MHz channel. In the mask specifications listed in § 74.794(a)(2) and (a)(3), A is the\n attenuation in dB and Δf is the frequency difference in MHz from the edge of the channel.\n\n (i) Simple mask. At the channel edges, emissions must be attenuated no less than 46 dB. More\n than 6 MHz from the channel edges, emissions must be attenuated no less than 71 dB. At any\n frequency between 0 and 6 MHz from the channel edges, emissions must be attenuated no\n less than the value determined by the following formula:\n\n47 CFR 74.794(a)(2)(i) (enhanced display) page 103 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.794(a)(2)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n A (dB) = 46 + (Δf2 /1.44)\n (ii) Stringent mask. In the first 500 kHz from the channel edges, emissions must be attenuated no\n less than 47 dB. More than 3 MHz from the channel edges, emissions must be attenuated no\n less than 76 dB. At any frequency between 0.5 and 3 MHz from the channel edges, emissions\n must be attenuated no less than the value determined by the following formula:\n\n A(dB) = 47 + 11.5 (Δf–0.5)\n (iii) Full service mask:\n\n (A) The power level of emissions on frequencies outside the authorized channel of operation\n must be attenuated no less than the following amounts below the average transmitted\n power within the authorized channel. In the first 500 kHz from the channel edge the\n emissions must be attenuated no less than 47 dB. More than 6 MHz from the channel\n edge, emissions must be attenuated no less than 110 dB. At any frequency between 0.5\n and 6 MHz from the channel edge, emissions must be attenuated no less than the value\n determined by the following formula:\n\n Attenuation in dB = −11.5([Delta]f + 3.6);\n Where:\n\n [Delta] f = frequency difference in MHz from the edge of the channel.\n\n (B) This attenuation is based on a measurement bandwidth of 500 kHz. Other measurement\n bandwidths may be used as long as appropriate correction factors are applied.\n Measurements need not be made any closer to the band edge than one half of the\n resolution bandwidth of the measuring instrument. Emissions include sidebands, spurious\n emissions and radio frequency harmonics. Attenuation is to be measured at the output\n terminals of the transmitter (including any filters that may be employed). In the event of\n interference caused to any service, greater attenuation may be required.\n\n (3) The attenuation values for the simple and stringent emission masks are based on a measurement\n bandwidth of 500 kHz. Other measurement bandwidths may be used and converted to the reference\n 500 kHz value by the following formula:\n\n A(dB) = Aalternate + 10 log (BWalternate / 500)\n\n where A(dB) is the measured or calculated attenuation value for the reference 500 kHz bandwidth, and\n Aalternate is the measured or calculated attenuation for a bandwidth BWalternate. Emissions include\n sidebands, spurious emissions and radio harmonics. Attenuation is to be measured at the output\n terminals of the transmitter (including any filters that may be employed). In the event of interference\n caused to any service by out-of-channel emissions, greater attenuation may be required.\n\n (b) In addition to meeting the emission attenuation requirements of the simple or stringent mask (including\n attenuation of radio frequency harmonics), digital low power TV and TV translator stations authorized to\n operate on TV channels 22–24, (518–536 MHz), 32–36 (578–608 MHz), 38 (614–620 MHz), and 65–69\n (776–806 MHz) must provide specific “out of band” protection to Radio Navigation Satellite Services in\n the bands: L5 (1164–1215 MHz); L2 (1215–1240 MHz) and L1 (1559–1610 MHz).\n\n\n\n\n47 CFR 74.794(b) (enhanced display) page 104 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.794(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) An FCC-certificated transmitter specifically certified for use on one or more of the above channels\n must include filtering with an attenuation of not less than 85 dB in the GPS bands, which will have\n the effect of reducing harmonics in the GPS bands from what is produced by the digital transmitter,\n and this attenuation must be demonstrated as part of the certification application to the\n Commission.\n\n (2) For an installation on one of the above channels with a digital transmitter not specifically FCC-\n certificated for the channel, a low pass filter or equivalent device rated by its manufacturer to have\n an attenuation of at least 85 dB in the GPS bands, which will have the effect of reducing harmonics\n in the GPS bands from what is produced by the digital transmitter, and must be installed in a manner\n that will prevent the harmonic emission content from reaching the antenna. A description of the low\n pass filter or equivalent device with the manufacturer's rating or a report of measurements by a\n qualified individual shall be retained with the station license. Field measurements of the second or\n third harmonic output of a transmitter so equipped are not required.\n\n[69 FR 69336, Nov. 29, 2004, as amended at 76 FR 44828, July 27, 2011; 87 FR 58206, Sept. 23, 2022]\n\n\n§ 74.795 Low power TV and TV translator transmission system facilities.\n (a) A low power TV or TV translator station shall operate with a transmitter that is either certificated for\n licensing based on the following provisions or has been modified for digital operation pursuant to §\n 74.796.\n\n (b) The following requirements must be met before low power TV and TV translator transmitter will be\n certificated by the FCC:\n\n (1) The transmitter shall be designed to produce digital television signals that can be satisfactorily\n viewed on consumer receiving equipment based on the digital broadcast television transmission\n standard in § 73.682(d) of this chapter;\n\n (2) Emissions on frequencies outside the authorized channel, measured at the output terminals of the\n transmitter (including any filters that may be employed), shall meet the requirements of § 74.794, as\n applicable;\n\n (3) The transmitter shall be equipped to display the digital power output (i.e., average power over a 6\n MHz channel) and shall be designed to prevent the power output from exceeding the maximum rated\n power output under any condition;\n\n (4) When subjected to variations in ambient temperature between 0 and 40 degrees Centigrade and\n variations in power main voltage between 85% and 115% of the rated power supply voltage, the\n frequency stability of the local oscillator in the RF channel upconverter shall be maintained within 10\n kHz of the nominal value;\n\n (5) The transmitter shall be equipped with suitable meters and jacks so that appropriate voltage and\n current measurements may be made while the transmitter is in operation; and\n\n (6) The apparatus must be equipped with automatic controls that will place it in a non-radiating\n condition when no signal is being received on the input channel, either due to absence of a\n transmitted signal or failure of the receiving portion of the facilities used for rebroadcasting the\n signal of another station. The automatic control may include a time delay feature to prevent\n interruptions caused by fading or other momentary failures of the incoming signal; and\n\n\n47 CFR 74.795(b)(6) (enhanced display) page 105 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.795(b)(7)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (7) Wiring, shielding, and construction shall be in accordance with accepted principles of good\n engineering practice.\n\n (c) The following additional requirements apply to digital heterodyne translators:\n\n (1) The maximum rated power output (digital average power over a 6 MHz channel) shall not exceed 30\n watts for transmitters operating on channels 14–51 and 3 watts for transmitters operating on\n channels 2–13; and\n\n (2) The transmitter shall contain circuits which will maintain the digital average power output constant\n within 1 dB when the strength of the input signal is varied over a range of 30 dB.\n\n (d) Certification will be granted only upon a satisfactory showing that the transmitter is capable of meeting\n the requirements of paragraph (b) of this section, pursuant to the procedures described in § 74.750(e).\n\n[69 FR 69336, Nov. 29, 2004, as amended at 86 FR 66214, Nov. 22, 2021; 87 FR 58206, Sept. 23, 2022; 88 FR 30671, May 12,\n2023]\n\n\n§ 74.796 Modification of transmission systems.\n (a) The provisions of § 74.751 shall apply to the modification of low power TV and TV translator transmission\n systems.\n\n (b) The following additional provisions shall apply to the modification of existing analog transmissions\n systems for digital operation, including installation of manufacturers' certificated equipment (“field\n modification kits”) and custom modifications.\n\n (1) The modifications and related performance-testing shall be undertaken by a person or persons\n qualified to perform such work.\n\n (2) The final amplifier stage of an analog transmitter modified for digital operation shall not have an\n “average digital power” output greater than 25 percent of its previous NTSC peak sync power output,\n unless the amplifier has been specifically refitted or replaced to operate at a higher power.\n\n (3) Analog heterodyne translators, when modified for digital operation, will produce a power output\n (digital average power over the 6 MHz channel) not exceeding 30 watts for transmitters operating on\n channels 14–69 and 3 watts for transmitters operating on channels 2–13.\n\n (4) After completion of the modification, suitable tests and measurements shall be made to\n demonstrate compliance with the applicable requirements in this section including those in §\n 74.795. Upon installation of a field modification kit, the transmitter shall be performance-tested in\n accordance with the manufacturer's instructions.\n\n (5) The station licensee shall notify the Commission upon completion of the transmitter modifications.\n In the case of custom modifications (those not related to installation of manufacturer-supplied and\n FCC-certificated equipment), the licensee shall certify compliance with all applicable transmission\n system requirements.\n\n (6) The licensee shall maintain with the station's records for a period of not less than two years the\n following information and make this information to the Commission upon request:\n\n\n\n\n47 CFR 74.796(b)(6) (enhanced display) page 106 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.796(b)(6)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) A description of the modifications performed and performance tests or, in the case of\n installation of a manufacturer-supplied modification kit, a description of the nature of the\n modifications, installation and test instructions and other material provided by the\n manufacturer;\n\n (ii) Results of performance-tests and measurements on the modified transmitter; and\n\n (iii) Copies of related correspondence with the Commission.\n\n (c) In connection with the on-channel conversion of existing analog transmitters for digital operation, a\n limited allowance is made for transmitters with final amplifiers that do not meet the attenuation of the\n Simple emission mask at the channel edges. Station licensees may obtain equivalent compliance with\n this attenuation requirement in the following manner:\n\n (1) Measure the level of attenuation of emissions below the average digital power output at the channel\n edges in a 500 kHz bandwidth; measurements made over a different measurement bandwidth\n should be corrected to the equivalent attenuation level for a 500 kHz bandwidth using the formula\n given in § 74.794;\n\n (2) Calculate the difference in dB between the 46 dB channel-edge attenuation requirement of the\n Simple mask;\n\n (3) Subtract the value determined in the previous step from the authorized effective radiated power\n (“ERP”) of the analog station being converted to digital operation. Then subtract an additional 6 dB\n to account for the approximate difference between analog peak and digital average power. For this\n purpose, the ERP must be expressed in decibels above one kilowatt: ERP(dBk) = 10 log ERP(kW);\n\n (4) Convert the ERP calculated in the previous step to units of kilowatts; and\n\n (5) The ERP value determined through the above procedure will produce equivalent compliance with the\n attenuation requirement of the simple emission mask at the channel edges and should be specified\n as the digital ERP in the minor change application for an on-channel digital conversion. The\n transmitter may not be operated to produce a higher digital ERP than this value.\n\n[69 FR 69336, Nov. 29, 2004, as amended at 87 FR 58206, Sept. 23, 2022]\n\n\n§ 74.797 Biennial Ownership Reports.\nThe Ownership Report for Commercial Broadcast Stations (FCC Form 2100, Schedule 323) must be electronically\nfiled by December 1 in all odd-numbered years by each licensee of a low power television station or other\nRespondent (as defined in § 73.3615(a) of this chapter). A licensee or other Respondent with a current and\nunamended biennial ownership report (i.e., a report that was filed pursuant to this section) on file with the\nCommission that is still accurate and which was filed using the version of the report that is current on October 1 of\nthe year in which its biennial ownership report is due may electronically validate and resubmit its previously filed\nbiennial ownership report. The information provided on each ownership report shall be current as of October 1 of\nthe year in which the ownership report is filed. For information on filing requirements, filers should refer to §\n73.3615(a) of this chapter.\n\n[82 FR 55772, Nov. 24, 2017, as amended at 87 FR 58206, Sept. 23, 2022]\n\n\n§ 74.798 [Reserved]\n\n47 CFR 74.798 (enhanced display) page 107 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.799\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.799 Low power television and TV translator channel sharing.\n (a) Channel sharing generally.\n\n (1) Subject to the provisions of this section, low power television and TV translator stations may\n voluntarily seek Commission approval to share a single six megahertz channel with other low power\n television and TV translator stations, Class A television stations, and full power television stations.\n\n (2) Each station sharing a single channel pursuant to this section shall continue to be licensed and\n operated separately, have its own call sign and be separately subject to all of the Commission's\n obligations, rules, and policies.\n\n (b) Licensing of channel sharing stations. The low power television or TV translator channel sharing station\n relinquishing its channel must file an application for the initial channel sharing construction permit,\n include a copy of the channel sharing agreement as an exhibit, and cross reference the other sharing\n station(s). Any engineering changes necessitated by the channel sharing arrangement may be included in\n the station's application. Upon initiation of shared operations, the station relinquishing its channel must\n notify the Commission that it has terminated operation pursuant to § 73.1750 of this part and each\n sharing station must file an application for license.\n\n (c) Deadline for implementing channel sharing arrangements. Channel sharing arrangements submitted\n pursuant to this section must be implemented within three years of the grant of the initial channel sharing\n construction permit.\n\n (d) Channel sharing agreements.\n\n (1) Channel sharing agreements (CSAs) submitted under this section must contain provisions outlining\n each licensee's rights and responsibilities regarding:\n\n (i) Access to facilities, including whether each licensee will have unrestrained access to the shared\n transmission facilities;\n\n (ii) Allocation of bandwidth within the shared channel;\n\n (iii) Operation, maintenance, repair, and modification of facilities, including a list of all relevant\n equipment, a description of each party's financial obligations, and any relevant notice\n provisions;\n\n (iv) Transfer/assignment of a shared license, including the ability of a new licensee to assume the\n existing CSA; and\n\n (v) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to\n the remaining parties to the CSA.\n\n (2) CSAs must include provisions:\n\n (i) Affirming compliance with the channel sharing requirements in paragraph (d)(1) of this section\n and all relevant Commission rules and policies; and\n\n (ii) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to\n ensure a sufficient amount of the shared channel capacity to allow it to provide at least one\n Standard Definition program stream at all times.\n\n\n\n\n47 CFR 74.799(d)(2)(ii) (enhanced display) page 108 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.799(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (e) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license\n may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA\n in accordance with paragraph (d)(1)(v) of this section. If upon termination of the license of a party to a\n CSA only one party to the CSA remains, the remaining licensee may file an application to change its\n license to non-shared status using FCC Form 2100, Schedule D.\n\n (f) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the\n terms of the CSA in accordance with paragraph (d)(1)(iv) of this section. If the transferee or assignee and\n the licensees of the remaining channel sharing station or stations agree to amend the terms of the\n existing CSA, the agreement may be amended, subject to Commission approval.\n\n (g) Channel sharing between low power television or TV translator stations and Class A television stations or\n full power television stations.\n\n (1) A low power television or TV translator sharee station (defined as a station relinquishing a channel in\n order to share) that is a party to a CSA with a full power television sharer station (defined as the\n station hosting a sharee pursuant to a CSA) must comply with the rules of part 73 of this chapter\n governing power levels and interference, and must comply in all other respects with the rules and\n policies applicable to low power television or TV translator stations set forth in this part.\n\n (2) A low power television or TV translator sharee station that is a party to a CSA with a Class A\n television sharer station must comply with the rules governing power levels and interference that are\n applicable to Class A television stations, and must comply in all other respects with the rules and\n policies applicable to low power television or TV translator stations set forth in this part.\n\n (h) Notice to cable systems.\n\n (1) Stations participating in channel sharing agreements must provide notice to cable systems that:\n\n (i) No longer will be required to carry the station because of the relocation of the station;\n\n (ii) Currently carry and will continue to be obligated to carry a station that will change channels; or\n\n (iii) Will become obligated to carry the station due to a channel sharing relocation.\n\n (2) The notice required by this section must contain the following information:\n\n (i) Date and time of any channel changes;\n\n (ii) The channel occupied by the station before and after implementation of the CSA;\n\n (iii) Modification, if any, to antenna position, location, or power levels;\n\n (iv) Stream identification information; and\n\n (v) Engineering staff contact information.\n\n (3) Should any of the information in paragraph (h)(2) of this section change, an amended notification\n must be sent.\n\n (4) Sharee stations must provide notice as required by this section at least 90 days prior to terminating\n operations on the sharee's channel. Sharer stations and sharee stations must provide notice as\n required by this section at least 90 days prior to initiation of operations on the sharer channel.\n Should the anticipated date to either cease operations or commence channel sharing operations\n change, the stations must send a further notice to affected cable systems informing them of the\n new anticipated date(s).\n\n47 CFR 74.799(h)(4) (enhanced display) page 109 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.799(h)(5)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (5) Notifications provided to cable systems pursuant to this section must be either mailed to the\n system's official address of record provided in the cable system's most recent filing in the FCC's\n Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system\n has provided an email address.\n\n[81 FR 5053, Feb. 1, 2016. Redesignated and amended at 82 FR 18251, Apr. 18, 2017]\n\n\nSubpart H—Low Power Auxiliary Stations\n§ 74.801 Definitions.\n 600 MHz duplex gap. An 11 megahertz guard band at 652–663 MHz that separates part 27 600 MHz service\n uplink and downlink frequencies.\n\n 600 MHz guard band. Designated frequency band at 614–617 MHz that prevents interference between licensed\n services in the 600 MHz service band and channel 37.\n\n 600 MHz service band. Frequencies in the 617–652 MHz and 663–698 MHz bands that are reallocated and\n reassigned for 600 MHz band services under part 27.\n\n Cable television system operator. A cable television operator is defined in § 76.5(cc) of the rules.\n\n Large venue owner or operator. Large venue owner or operator refers to a person or organization that owns or\n operates a venue that routinely uses 50 or more low power auxiliary station devices, where the use of\n such devices is an integral part of major events or productions. Routinely using 50 or more low power\n auxiliary station devices means that the venue owner or operator uses 50 or more such devices for most\n events or productions.\n\n Low power auxiliary station. An auxiliary station authorized and operated pursuant to the provisions set forth in\n this subpart. Devices authorized as low power auxiliary stations are intended to transmit over distances\n of approximately 100 meters for uses such as wireless microphones, cue and control communications,\n and synchronization of TV camera signals.\n\n Motion picture producer. Motion picture producer refers to a person or organization engaged in the production or\n filming of motion pictures.\n\n Professional sound company. Professional sound company refers to a person or organization that provides\n audio services that routinely use 50 or more low power auxiliary station devices, where the use of such\n devices is an integral part of major events or productions. Routinely using 50 or more low power auxiliary\n station devices means that the professional sound company uses 50 or more such devices for most\n events or productions.\n\n Spectrum Act. Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96).\n\n Television program producer. Television program producer refers to a person or organization engaged in the\n production of television programs.\n\n Wireless assist video device. An auxiliary station authorized and operated by motion picture and television\n program producers pursuant to the provisions of this subpart. These stations are intended to transmit\n over distances of approximately 300 meters for use as an aid in composing camera shots on motion\n picture and television sets.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n\n47 CFR 74.801 “Wireless assist video device” (enhanced display) page 110 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.802\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n[42 FR 14729, Mar. 16, 1977, as amended at 43 FR 14662, Apr. 7, 1978; 51 FR 4603, Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 54 FR\n41842, Oct. 12, 1989; 68 FR 12772, Mar. 17, 2003; 79 FR 40689, July 14, 2014; 80 FR 71728, Nov. 17, 2015; 82 FR 41559, Sept. 1,\n2017]\n\n\n§ 74.802 Frequency assignment.\n (a)\n\n (1) Frequencies within the following bands may be assigned for use by low power auxiliary stations:\n\n 26.100–26.480 MHz\n\n 54.000–72.000 MHz\n\n 76.000–88.000 MHz\n\n 161.625–161.775 MHz (except in Puerto Rico or the Virgin Islands)\n\n 174.000–216.000 MHz\n\n 450.000–451.000 MHz\n\n 455.000–456.000 MHz\n\n 470.000–488.000 MHz\n\n 488.000–494.000 MHz (except Hawaii)\n\n 494.000–608.000 MHz\n\n 614.000–698.000 MHz\n\n 941.500–944.000 MHz\n\n 944.000–952.000 MHz\n\n 952.850–956.250 MHz\n\n 956.45–959.85 MHz\n\n 1435–1525 MHz\n\n 6875.000–6900.000 MHz\n\n 7100.000–7125.000 MHz\n\n Note to paragraph (a)(1): Frequency assignments in the 614.000–698.000 MHz band are\n\n\n47 CFR 74.802(a)(1) (enhanced display) page 111 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.802(a)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n subject to conditions established in proceedings pursuant to GN Docket No. 12–268. This\n band is being transitioned to the 600 MHz service band, the 600 MHz guard band, and the\n 600 MHz duplex gap during the post-incentive auction transition period (as defined in § 27.4\n of this chapter), which began on April 13, 2017. Low power auxiliary stations must comply\n with the applicable conditions with respect to any assignment to operate on frequencies\n repurposed for the 600 MHz service band, the 600 MHz guard band, and the 600 MHz duplex\n gap, respectively. This rule will be further updated, pursuant to public notice or subsequent\n Commission action, to reflect additional changes that implement the determinations made in\n these proceedings.\n\n (2) The 653.000–657.000 MHz segment of the 600 MHz duplex gap may be assigned for use by low\n power auxiliary service.\n\n\n Note to paragraph (a)(2): The specific frequencies for the 600 MHz duplex gap will be\n determined in light of further proceedings pursuant to GN Docket No. 12–268 and the rule will\n be updated accordingly pursuant to a future public notice.\n\n (b)\n\n (1) Operations in the bands allocated for TV broadcasting are limited to locations at least 4 kilometers\n outside the protected contours of co-channel TV stations shown in the following table. These\n contours are calculated using the methodology in § 73.684 of this chapter and the R–6602 curves\n contained in § 73.699 of this chapter.\n\n Protected contour\n Type of station Contour Propagation\n Channel\n (dBu) curve\n Analog: Class A TV, LPTV, Low VHF (2–6) 47 F(50,50)\n translator and booster\n High VHF 56 F(50,50)\n (7–13)\n UHF (14–51) 64 F(50,50)\n Digital: Full service TV, Class A TV, LPTV, translator and Low VHF (2–6) 28 F(50,90)\n booster\n High VHF 36 F(50,90)\n (7–13)\n UHF (14–51) 41 F(50,90)\n\n\n (2) Low power auxiliary stations may operate closer to co-channel TV broadcast stations than the\n distances specified in paragraph (b)(1) of this section provided that such operations either—\n\n (i) Are coordinated with TV broadcast stations that could be affected by the low power auxiliary\n station operation, and coordination is completed prior to operation of the low power auxiliary\n station; or\n\n47 CFR 74.802(b)(2)(i) (enhanced display) page 112 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.802(b)(2)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (ii) Are limited to an indoor location that is not being used for over-the-air television viewing, and\n the following conditions are met with respect to the TV channel used: The TV signal falls below\n a threshold of −84 dBm over the entire channel; the signal is scanned across the full 6\n megahertz channel where the wireless microphones would be operated; and to the extent that\n directional antennas are used, they are rotated to the place of maximum signal.\n\n (c) Specific frequency operation is required when operating within the 600 MHz duplex gap or the bands\n allocated for TV broadcasting.\n\n (1) The frequency selection shall be offset from the upper or lower band limits by 25 kHz or an integral\n multiple thereof.\n\n (2) One or more adjacent 25 kHz segments within the assignable frequencies may be combined to form\n a channel whose maximum bandwidth shall not exceed 200 kHz.\n\n (d) Low power auxiliary licensees will not be granted exclusive frequency assignments.\n\n (e) Clearing mechanisms for the 700 MHz Band. This section sets forth provisions relating to the transition of\n low power auxiliary stations operating at 698–806 MHz (700 MHz band).\n\n (1) Any low power auxiliary station that operates at frequencies in the 700 MHz band while transitioning\n its operations out of that band must not cause harmful interference and must accept interference\n from any commercial or public safety wireless licensees in the 700 MHz band.\n\n (2) Any low power auxiliary station that operates at frequencies in the 700 MHz band will have until no\n later than June 12, 2010 to transition its operations completely out of the 700 MHz band, subject to\n the following. During this transition period, any commercial or public safety licensee in the 700 MHz\n band may choose one or both of the following voluntary methods to notify low power auxiliary\n stations:\n\n (i) Any commercial or public safety licensee in the 700 MHz band may notify the Commission that\n it has initiated or will be initiating operations on specified frequencies in a particular market(s)\n in the 700 MHz band. The wireless operations initiated by the commercial or public safety 700\n MHz licensees may include system testing or trials. Following receipt of the notification, the\n Commission will issue a public notice providing that operators of low power auxiliary stations,\n including wireless microphones, in the 700 MHz band in those market(s) will be required to\n cease operations within 60 days after the Commission's notice is released.\n\n (ii) Any commercial or public safety licensee in the 700 MHz band may notify any low power\n auxiliary station users operating in the 700 MHz band that it has initiated or will be initiating\n operations on specified frequencies in the market in which the low power auxiliary station is\n operating. The wireless operations initiated by the commercial or public safety 700 MHz\n licensees may include system testing or trials. Upon receipt of such notice, the low power\n auxiliary station in the affected market area must cease operation within 60 days.\n\n (iii) In the event that both of these notice provisions in paragraphs (e)(2)(i) and (ii) of this section\n are used with respect to a particular low power auxiliary station, the low power auxiliary station\n will have to cease operations in the market(s) in accordance with whichever notice provides for\n earlier termination of its operations.\n\n (3) Notwithstanding this 60 day notice requirement, any low power auxiliary station that causes harmful\n interference to any commercial or public safety 700 MHz licensee must cease operations\n immediately, consistent with the rules for secondary use.\n\n47 CFR 74.802(e)(3) (enhanced display) page 113 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.802(f)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (f) Operations in 600 MHz band assigned to wireless licensees under part 27 of this chapter. A low power\n auxiliary station that operates on frequencies in the 600 MHz band assigned to wireless licensees under\n part 27 of this chapter must cease operations on those frequencies no later than the end of the post-\n auction transition period, as defined in § 27.4 of this chapter. During the post-auction transition period,\n low power auxiliary stations will operate on a secondary basis to licensees of part 27 of this chapter, i.e.,\n they must not cause to and must accept harmful interference from these licensees, and must comply with\n the distance separations in § 15.236(e)(2) of this chapter from the areas specified in § 15.713(j)(10) of\n this chapter in which a licensee has commenced operations, as defined in § 27.4 of this chapter.\n\n[52 FR 2535, Jan. 23, 1987, as amended at 68 FR 12772, Mar. 17, 2003; 75 FR 3638, Jan. 22, 2010; 79 FR 48545, Aug. 15, 2014; 80\nFR 71728, Nov. 17, 2015; 80 FR 73085, Nov. 23, 2015; 81 FR 4975, Jan. 29, 2016; 82 FR 41560, Sept. 1, 2017]\n\n\n§ 74.803 Frequency selection to avoid interference.\n (a) Where two or more low power auxiliary licensees need to operate in the same area, the licensees shall\n endeavor to select frequencies or schedule operation in such manner as to avoid mutual interference. If a\n mutually satisfactory arrangement cannot be reached, the Commission shall be notified and it will specify\n the frequency or frequencies to be employed by each licensee.\n\n (b) The selection of frequencies in the bands allocated for TV broadcasting for use in any area shall be\n guided by the need to avoid interference to TV broadcast reception. In these bands, low power auxiliary\n station usage is secondary to TV broadcasting and land mobile stations operating in the UHF-TV\n spectrum and must not cause harmful interference. If such interference occurs, low power auxiliary\n station operation must immediately cease and may not be resumed until the interference problem has\n been resolved.\n\n (c) In the 941.5–944 MHz, 944–952 MHz, 952.850–956.250 MHz, 956.45–959.85 MHz, 6875.000–6900.000\n MHz, and 7100.000–7125.000 MHz bands low power auxiliary station usage is secondary to other uses\n (e.g. Aural Broadcast Auxiliary, Television Broadcast Auxiliary, Cable Relay Service, Fixed Point to Point\n Microwave) and must not cause harmful interference. In the 941.5–944 MHz band, low power auxiliary\n station usage also is secondary to Federal operations in the band. In each of these bands, applicants are\n responsible for selecting the frequency assignments that are least likely to result in mutual interference\n with other licensees in the same area. Applicants must consult local frequency coordination committees,\n where they exist, for information on frequencies available in the area. In selecting frequencies,\n consideration should be given to the relative location of receive points, normal transmission paths, and\n the nature of the contemplated operation.\n\n (d) In the 1435–1525 MHz band, low power auxiliary station (LPAS) authorizations are limited to operations\n at fixed locations, and only to the extent that applicable requirements have been met for the proposed\n operations at those specified locations.\n\n (1) Each authorization is limited to specific events or situations for which there is a need to deploy large\n numbers of LPAS for specified time periods, and use of other available spectrum resources at that\n particular location is insufficient to meet the LPAS licensee's needs.\n\n (2) The access to spectrum in the band must be coordinated with the frequency coordinator for\n aeronautical mobile telemetry, the Aerospace and Flight Test Radio Coordinating Committee\n (AFTRCC) prior to operations at the specified location and period of time, with AFTRCC indicating\n whether any specific frequencies in the band are unavailable for use. LPAS devices must complete\n authentication and location verification before operations begin, employ software-based controls or\n\n\n47 CFR 74.803(d)(2) (enhanced display) page 114 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.803(d)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n similar functionality to prevent devices in the band from operating except in the specific channels,\n locations, and time periods that have been coordinated, and be capable of being tuned to any\n frequency in the band.\n\n (3) LPAS users may have access to no more than 30 megahertz of spectrum (one third of the\n 1435–1525 MHz band) for their operations at the specified locations. Different users in the same\n general area each can access up to 30 megahertz of spectrum for their respective operations. All\n licensees that have successfully coordinated with AFTRCC for access to the 1435–1525 MHz band\n for operations at their specified locations in the same general area must, to the extent necessary,\n coordinate their particular access to and use of spectrum with other licensees to minimize the\n potential for interference between and among the different operations.\n\n[42 FR 14729, Mar. 16, 1977, as amended at 52 FR 2535, Jan. 23, 1987; 80 FR 71728, Nov. 17, 2015; 82 FR 41560, Sept. 1, 2017]\n\n\n§ 74.831 Scope of service and permissible transmissions.\nThe license for a low power auxiliary station authorizes the transmission of cues and orders to production\npersonnel and participants in broadcast programs, motion pictures, and major events or productions and in the\npreparation therefor, the transmission of program material by means of a wireless microphone worn by a performer\nand other participants in a program, motion picture, or major event or production during rehearsal and during the\nactual broadcast, filming, recording, or event or production, or the transmission of comments, interviews, and\nreports from the scene of a remote broadcast. Low power auxiliary stations operating in the 941.5–944 MHz,\n944–952 MHz, 952.850–956.250 MHz, 956.45–959.85 MHz, 6875–6900 MHz, and 7100–7125 MHz bands may, in\naddition, transmit synchronizing signals and various control signals to portable or hand-carried TV cameras which\nemploy low power radio signals in lieu of cable to deliver picture signals to the control point at the scene of a\nremote broadcast.\n\n[82 FR 41560, Sept. 1, 2017]\n\n\n§ 74.832 Licensing requirements and procedures.\n (a) A license authorizing operation of one or more low power auxiliary stations will be issued only to the\n following:\n\n (1) A licensee of an AM, FM, TV, or International broadcast station or low power TV station. Low power\n auxiliary stations will be licensed for used with a specific broadcast or low power TV station or\n combination of stations licensed to the same licensee within the same community.\n\n (2) A broadcast network entity.\n\n (3) A cable television system operator who operates a cable system that produces program material for\n origination or access cablecasting, as defined in § 76.5(r).\n\n (4) Motion picture producers as defined in § 74.801.\n\n (5) Television program producers as defined in § 74.801.\n\n (6) Licensees and conditional licensees of stations in the Broadband Radio Service as defined in section\n 27.1200 of this chapter, or entities that hold an executed lease agreement with a Broadband Radio\n Service or Educational Broadband Service licensee.\n\n (7) Large venue owners or operators as defined in § 74.801.\n\n47 CFR 74.832(a)(7) (enhanced display) page 115 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.832(a)(8)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (8) Professional sound companies as defined in § 74.801.\n\n (b) An application for a new or renewal of low power auxiliary license shall specify the frequency band or\n bands desired. Only those frequency bands necessary for satisfactory operation shall be requested.\n\n (c) Licensees of AM, FM, TV, and International broadcast stations; low power TV stations; and broadcast\n network entities may be authorized to operate low power auxiliary stations in the frequency bands set\n forth in § 74.802(a).\n\n (d) Cable television operations, motion picture and television program producers, large venue owners or\n operators, and professional sound companies may be authorized to operate low power auxiliary stations\n in the bands allocated for TV broadcasting, the 653–657 MHz band, the 941.5–944 MHz band, the\n 944–952 MHz band, the 952.850–956.250 MHz band, the 956.45–959.85 MHz band, the 1435–1525\n MHz band, the 6875–6900 MHz band, and the 7100–7125 MHz band. In the 6875–6900 MHz and\n 7100–7125 MHz bands, entities eligible to hold licenses for cable television relay service stations (see §\n 78.13 of this chapter) shall also be eligible to hold licenses for low power auxiliary stations.\n\n (e) An application for low power auxiliary stations or for a change in an existing authorization shall specify\n the broadcast station, or the network with which the low power broadcast auxiliary facilities are to be\n principally used as given in paragraph (h) of this section; or it shall specify the motion picture or television\n production company, the cable television operator, the professional sound company, or, if applicable, the\n venue with which the low power broadcast auxiliary facilities are to be solely used. A single application,\n filed on FCC Form 601 may be used in applying for the authority to operate one or more low power\n auxiliary units. The application must specify the frequency bands which will be used. Motion picture\n producers, television program producers, cable television operators, large venue owners or operators, and\n professional sound companies are required to attach a single sheet to their application form explaining in\n detail the manner in which the eligibility requirements given in paragraph (a) of this section are met. In\n addition, large venue owners or operators and professional sound companies shall include on the\n attachment the following certification and shall sign and date the certification: “The applicant hereby\n certifies that it routinely uses 50 or more low power auxiliary station devices, where the use of such\n devices is an integral part of major events or productions.”\n\n (f) Applications for the use of the bands allocated for TV broadcasting must specify the usual area of\n operation within which the low power auxiliary station will be used. This area of operation may, for\n example, be specified as the metropolitan area in which the broadcast licensee serves, the usual area\n within which motion picture and television producers are operating, or the location of the venue. Licenses\n issued to large venue owners or operators are specific to a single venue and authorize operation only at\n that venue. Because low power auxiliary stations operating in these bands will only be permitted in areas\n removed from existing co-channel TV broadcast stations, licensees have full responsibility to ensure that\n operation of their stations does not occur at distances less than those specified in § 74.802(b).\n\n (g) Low power auxiliary licensees shall specify the maximum number of units that will be operated.\n\n (h) For broadcast licensees, low power auxiliary stations will be licensed for use with a specific broadcast\n station or combination of broadcast stations licensed to the same licensee and to the same community.\n Licensing of low power auxiliary stations for use with a specific broadcast station or combination of such\n stations does not preclude their use with other broadcast stations of the same or a different licensee at\n any location. Operation of low power auxiliary stations outside the area of operation specified in the\n authorization, or in other bands is permitted without further authority of the Commission. However,\n operation of low power auxiliary stations shall, at all times, be in accordance with the requirements of §\n 74.882 of this subpart. Also, a low power auxiliary station that is being used with a broadcast station or\n\n47 CFR 74.832(h) (enhanced display) page 116 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.832(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n network other than one with which it is licensed, must, in addition to meeting the requirements of §\n 74.861 of this subpart, not cause harmful interference to another low power auxiliary station which is\n being used with the broadcast station(s) or network with which it is licensed.\n\n (i) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee\n shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not\n operated for a period of one year is considered to have been permanently discontinued.\n\n (j) The license shall be retained in the licensee's files at the address shown on the authorization.\n\n[42 FR 14729, Mar. 16, 1977, as amended at 47 FR 9221, Mar. 4, 1982; 47 FR 21503, May 18, 1982; 47 FR 55938, Dec. 14, 1982; 51\nFR 4603, Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 52 FR 2535, Jan. 23, 1987; 55 FR 46012, Oct. 31, 1990; 58 FR 19776, Apr. 16,\n1993; 68 FR 12772, Mar. 17, 2003; 69 FR 72045, Dec. 10, 2004; 79 FR 40689, July 14, 2014; 80 FR 71729, Nov. 17, 2015; 82 FR\n41560, Sept. 1, 2017; 84 FR 2759, Feb. 8, 2019]\n\n\n§ 74.833 Temporary authorizations.\n (a) Special temporary authority may be granted for low power auxiliary station operation which cannot be\n conducted in accordance with § 74.24. Such authority will normally be granted only for operations of a\n temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a\n regular authorization should be submitted.\n\n (b) A request for special temporary authority for the operation of a remote pickup broadcast station must be\n made in accordance with the procedures of § 1.931(b) of this chapter.\n\n (c) All requests for special temporary authority of a low power auxiliary station must include full particulars\n including: licensees name and address, statement of eligibility, facility identification number of the\n associated broadcast station (if any), type and manufacturer of equipment, power output, emission,\n frequency or frequencies proposed to be used, commencement and termination date, location of\n proposed operation, and purpose for which request is made including any particular justification.\n\n (d) A request for special temporary authority shall specify a frequency band consistent with the provisions of\n § 74.802: Provided, That, in the case of events of wide-spread interest and importance which cannot be\n transmitted successfully on these frequencies, frequencies assigned to other services may be requested\n upon a showing that operation thereon will not cause interference to established stations: And provided\n further, In no case will operation of a low power auxiliary broadcast station be authorized on frequencies\n employed for the safety of life and property.\n\n (e) The user shall have full control over the transmitting equipment during the period it is operated.\n\n (f) Special temporary authority to permit operation of low power auxiliary stations pending Commission\n action on an application for regular authority will not normally be granted.\n\n[42 FR 14729, Mar. 16, 1977, as amended at 47 FR 9221, Mar. 4, 1982; 47 FR 55939, Dec. 14, 1982; 58 FR 19776, Apr. 16, 1993; 68\nFR 12772, Mar. 17, 2003]\n\n\n§ 74.851 Certification of equipment; prohibition on manufacture, import, sale, lease, offer for\nsale or lease, or shipment of devices that operate in the 700 MHz Band or the 600 MHz Band;\nlabeling for 700 MHz or 600 MHz band equipment destined for non-U.S. markets; disclosures.\n (a) Applications for new low power auxiliary stations will not be accepted unless the transmitting equipment\n specified therein has been certificated for use pursuant to provisions of this subpart.\n47 CFR 74.851(a) (enhanced display) page 117 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.851(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Any manufacturer of a transmitter to be used in this service may apply for certification for such\n transmitter following the certification procedure set forth in part 2 of the Commission's Rules and\n Regulations. Attention is also directed to part 1 of the Commission's Rules and Regulations which\n specifies the fees required when filing an application for certification.\n\n (c) An applicant for a low power auxiliary station may also apply for certification for an individual transmitter\n by following the certification procedure set forth in part 2 of the Commission's Rules and Regulations. The\n application for certification must be accompanied by the proper fees as prescribed in part 1 of the\n Commission's Rules and Regulations.\n\n (d) Low power auxiliary station equipment authorized to be used pursuant to an application accepted for\n filing prior to December 1, 1977 may continue to be used by the licensee or its successors or assignees:\n Provided, however, If operation of such equipment causes harmful interference due to its failure to comply\n with the technical standards set forth in this subpart, the Commission may, at its discretion, require the\n licensee to take such corrective action as is necessary to eliminate the interference.\n\n (e) Each instrument of authority which permits operation of a low power auxiliary station using equipment\n which has not been certificated will specify the particular transmitting equipment which the licensee is\n authorized to use.\n\n (f) All transmitters marketed for use under this subpart shall be certificated by the Federal Communications\n Commission for this purpose. (Refer to subpart I of part 2 of the Commission's rules and regulations.)\n\n (g) No person shall manufacture, import, sell, lease, offer for sale or lease, or ship low power auxiliary\n stations that are capable of operating in the 700 MHz band (698–806 MHz). This prohibition does not\n apply to devices manufactured solely for export.\n\n (h) Any person who manufactures, sells, leases, or offers for sale or lease low power auxiliary stations,\n including wireless microphones, that are destined for non-U.S. markets and that are capable of operating\n in the 700 MHz band shall include labeling and make clear in all sales, marketing, and packaging\n materials, including online materials, relating to such devices that the devices cannot be operated in the\n U.S.\n\n (i) As of January 13, 2018, applications for certification shall no longer be accepted for low power auxiliary\n stations or wireless video assist devices that are capable of operating in the 600 MHz service band or the\n 600 MHz guard band, or for low power auxiliary stations that are capable of operating in the 600 MHz\n duplex gap unless the operations are limited to the 653–657 MHz segment.\n\n (j) As of October 13, 2018, no person shall manufacture, import, sell, lease, offer for sale or lease, or ship low\n power auxiliary stations or wireless video assist devices that are capable of operating in the 600 MHz\n service band or the 600 MHz guard bands, or low power auxiliary stations that are capable of operating in\n the 600 MHz duplex gap unless the operations are limited to the 653–657 MHz segment. This prohibition\n does not apply to devices manufactured solely for export.\n\n (k) As of October 13, 2018, any person who manufacturers, sells, leases, or offer for sale or lease low power\n auxiliary stations or wireless video assist devices that are destined for non-U.S. markets and that are\n capable of operating in the 600 MHz service band or the 600 MHz guard bands, or low power auxiliary\n stations that are capable of operating in the 600 MHz duplex gap unless such operations are limited to\n the 653–657 MHz segment, shall include labeling and make clear in all sales, marketing, and packaging\n materials, including online materials, relating to such devices that the devices cannot be operated in the\n United States.\n\n\n47 CFR 74.851(k) (enhanced display) page 118 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.851(l)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (l) Disclosure requirements for low power auxiliary stations and wireless video assist devices capable of\n operating in the 600 MHz service band. Any person who manufactures, sells, leases, or offers for sale or\n lease low power auxiliary stations or wireless video devices that are capable of operating in the 600 MHz\n service band on or after July 13, 2017, is subject to the following disclosure requirements:\n\n (1) Such persons must display the consumer disclosure text, as specified by the Consumer and\n Governmental Affairs Bureau, at the point of sale or lease of each such low power auxiliary station or\n wireless video assist device. The text must be displayed in a clear, conspicuous, and readily legible\n manner. One way to fulfill the requirement in this section is to display the consumer disclosure text in\n a prominent manner on the product box by using a label (either printed onto the box or otherwise\n affixed to the box), a sticker, or other means. Another way to fulfill this requirement is to display the\n text immediately adjacent to each low power auxiliary station or wireless video assist device offered\n for sale or lease and clearly associated with the model to which it pertains.\n\n (2) If such persons offer such low power auxiliary stations or wireless video assist device via direct mail,\n catalog, or electronic means, they shall prominently display the consumer disclosure text in close\n proximity to the images and descriptions of each such low power auxiliary station or wireless video\n assist device. The text should be in a size large enough to be clear, conspicuous, and readily legible,\n consistent with the dimensions of the advertisement or description.\n\n (3) If such persons have Web sites pertaining to these low power auxiliary stations or wireless video\n assist devices, the consumer disclosure text must be displayed there in a clear, conspicuous, and\n readily legible manner (even in the event such persons do not sell low power auxiliary stations or\n wireless video assist devices directly to the public).\n\n (4) The consumer disclosure text described in paragraph (l)(1) of this section is set forth as Figure 1 to\n this paragraph.\n\n\n\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[42 FR 14729, Mar. 16, 1977, as amended at 42 FR 43637, Aug. 22, 1977; 43 FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, 1998;\n75 FR 3639, Jan. 22, 2010; 80 FR 71729, Nov. 17, 2015; 82 FR 41561, Sept. 1, 2017; 83 FR 10640, 10643, Mar. 12, 2018]\n\n47 CFR 74.851(l)(4) (enhanced display) page 119 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.852\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.852 Equipment changes.\n (a) The licensee of a low power auxiliary station may make any changes in the equipment that are deemed\n desirable or necessary, including replacement with certificated equipment, without prior Commission\n approval: Provided, The proposed changes will not depart from any of the terms of the station\n authorization or the Commission's technical rules governing this service: And provided further, That any\n changes made to certificated transmitted equipment shall be in compliance with the provisions of part 2\n of the Commission's rules and regulations concerning modification of certificated equipment.\n\n (b) Any equipment changes made pursuant to paragraph (a) of this section shall be set forth in the next\n application for renewal of license.\n\n(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)\n\n[42 FR 14729, Mar. 16, 1977, as amended at 43 FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, 1998]\n\n\n§ 74.861 Technical requirements.\n (a) Except as specified in paragraph (e) of this section, transmitter power is the power at the transmitter\n output terminals and delivered to the antenna, antenna transmission line, or any other impedance-\n matched, radio frequency load. For the purpose of this subpart, the transmitter power is the carrier power.\n\n (b) Each authorization for a new low power auxiliary station shall require the use of certificated equipment.\n Such equipment shall be operated in accordance with the emission specifications included in the\n certification grant and as prescribed in paragraphs (c) through (e) of this section.\n\n (c) Low power auxiliary transmitters not required to operate on specific carrier frequencies shall operate\n sufficiently within the authorized frequency band edges to insure the emission bandwidth falls entirely\n within the authorized band.\n\n (d) For low power auxiliary stations operating in the bands other than those allocated for TV broadcasting, the\n following technical requirements are imposed.\n\n (1) For all bands except the 1435–1525 MHz band, the maximum transmitter power which will be\n authorized is 1 watt. In the 1435–1525 MHz band, the maximum transmitter power which will be\n authorized is 250 milliwatts. Licensees may accept the manufacturer's power rating; however, it is\n the licensee's responsibility to observe specified power limits.\n\n (2) If a low power auxiliary station employs amplitude modulation, modulation shall not exceed 100\n percent on positive or negative peaks.\n\n (3) For the 26.1–26.480 MHz, 161.625–161.775 MHz, 450–451 MHz, and 455–456 MHz bands, the\n occupied bandwidth shall not be greater than that necessary for satisfactory transmission and, in\n any event, an emission appearing on any discrete frequency outside the authorized band shall be\n attenuated, at least, 43+10 log10 (mean output power, in watts) dB below the mean output power of\n the transmitting unit. The requirements of this paragraph shall also apply to the applications for\n certification of equipment for the 944–952 MHz band until January 13, 2018.\n\n (4)\n\n (i) For the 653–657 MHz, 941.5–944 MHz, 944–952 MHz, 952.850–956.250 MHz, 956.45–959.85\n MHz, 1435–1525 MHz, 6875–6900 MHz and 7100–7125 MHz bands, analog emissions within\n the band from one megahertz below to one megahertz above the carrier frequency shall\n\n47 CFR 74.861(d)(4)(i) (enhanced display) page 120 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.861(d)(4)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n comply with the emission mask in section 8.3.1.2 of the European Telecommunications\n Institute Standard ETSI EN 300 422–1 v1.4.2 (2011–08), Electromagnetic compatibility and\n Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range;\n Part 1: Technical characteristics and methods of measurement. Beyond one megahertz below\n and above the carrier frequency, emissions shall comply with the limits specified in section 8.4\n of ETSI EN 300 422–1 v1.4.2 (2011–08).\n\n (ii) For the 653–657 MHz, 941.5–944 MHz, 944–952 MHz, 952.850–956.250 MHz, 956.45–959.85\n MHz, and 1435–1525 MHz bands, digital emissions within the band from one megahertz below\n to one megahertz above the carrier frequency shall comply with the emission mask in section\n 8.3.2.2 (Figure 4) of the European Telecommunications Institute Standard ETSI EN 300 422–1\n v1.4.2 (2011–08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless\n microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics and\n methods of measurement. Beyond one megahertz below and above the carrier frequency,\n emissions shall comply with the limits specified in section 8.4 of ETSI EN 300 422–1 v1.4.2\n (2011–08).\n\n (iii) In the 6875–6900 MHz and 7100–7125 MHz bands, digital emissions within the band from one\n megahertz below to one megahertz above the carrier frequency shall comply with the emission\n mask in section 8.3.2.2 (Figure 5) of the European Telecommunications Institute Standard ETSI\n EN 300 422–1 v1.4.2 (2011–08), Electromagnetic compatibility and Radio spectrum Matters\n (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical\n characteristics and methods of measurement. Beyond one megahertz below and above the\n carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300\n 422–1 v1.4.2 (2011–08).\n\n (iv) For the 944–952 MHz band, the requirements of this paragraph (d)(4) shall not apply to the\n applications for certification of equipment for that band until nine months after release of the\n Commission's Channel Reassignment Public Notice, as defined in section 73.3700(a)(2) of this\n chapter.\n\n (e) For low power auxiliary stations operating in the 600 MHz duplex gap and the bands allocated for TV\n broadcasting, the following technical requirements apply:\n\n (1) The power may not exceed the following values.\n\n (i) 54–72, 76–88, and 174–216 MHz bands: 50 mW EIRP\n\n (ii) 470–608 and 614–698: 250 mW conducted power\n\n (iii) 600 MHz duplex gap: 20 mW EIRP\n\n (2) Transmitters may be either crystal controlled or frequency synthesized.\n\n (3) Any form of modulation may be used. A maximum deviation of ±75 kHz is permitted when frequency\n modulation is employed.\n\n (4) The frequency tolerance of the transmitter shall be 0.005 percent.\n\n (5) The operating bandwidth shall not exceed 200 kHz.\n\n (6) The mean power of emissions shall be attenuated below the mean output power of the transmitter in\n accordance with the following schedule:\n\n\n47 CFR 74.861(e)(6) (enhanced display) page 121 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.861(e)(6)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) On any frequency removed from the operating frequency by more than 50 percent up to and\n including 100 percent of the authorized bandwidth: at least 25 dB;\n\n (ii) On any frequency removed from the operating frequency by more than 100 percent up to and\n including 250 percent of the authorized bandwidth: at least 35 dB;\n\n (iii) On any frequency removed from the operating frequency by more than 250 percent of the\n authorized bandwidth: at least 43 + 10log10 (mean output power in watts) dB.\n\n (7) Analog emissions within the band from one megahertz below to one megahertz above the carrier\n frequency shall comply with the emission mask in section 8.3.1.2 of the European\n Telecommunications Institute Standard ETSI EN 300 422–1 v1.4.2 (2011–08), Electromagnetic\n compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz\n frequency range; part 1: Technical characteristics and methods of measurement. Digital emissions\n within the band from one megahertz below to one megahertz above the carrier frequency shall\n comply with the emission mask in section 8.3.2.2 (Figure 4) of the European Telecommunications\n Institute Standard ETSI EN 300 422–1 v1.4.2 (2011–08), Electromagnetic compatibility and Radio\n spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1:\n Technical characteristics and methods of measurement. Beyond one megahertz below and above\n the carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300\n 422–1 v1.4.2 (2011–08). The requirements of this paragraph (e)(7) shall not apply to applications\n for certification of equipment in these bands until nine months after release of the Commission's\n Channel Reassignment Public Notice, as defined in § 73.3700(a)(2) of this chapter.\n\n (f) Unusual transmitting antennas or antenna elevations shall not be used to deliberately extend the range of\n low power auxiliary stations beyond the limited areas defined in § 74.831.\n\n (g) Low power auxiliary stations shall be operated so that no harmful interference is caused to any other\n class of station operating in accordance with Commission's rules and regulations and with the Table of\n Frequency Allocations in part 2 thereof.\n\n (h) In the event a station's emissions outside its authorized frequency band causes harmful interference, the\n Commission may, at its discretion, require the licensee to take such further steps as may be necessary to\n eliminate the interference.\n\n (i) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this\n section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1\n CFR part 51. To enforce any edition other than that specified in this section, the FCC must publish a\n document in the FEDERAL REGISTER and the material must be available to the public. All approved\n incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives\n and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's\n Reference Information Center, phone: (202) 418–0270. For information on the availability of this material\n at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov.\n The material may be obtained from the following source in this paragraph (i):\n\n (1) European Telecommunications Standards Institute, 650 Route des Lucioles, 06921 Sophia Antipolis\n Cedex, France. A copy of the standard is also available at http://www.etsi.org/deliver/etsi_en/\n 300400_300499/30042201/01.03.02_60/en_30042201v010302p.pdf.\n\n\n\n\n47 CFR 74.861(i)(1) (enhanced display) page 122 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.861(i)(1)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) ETSI EN 300 422–1 V1.4.2 (2011–08): “Electromagnetic compatibility and Radio spectrum\n Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical\n characteristics and methods of measurement,” Copyright 2011, IBR approved for section\n 15.236(g).\n\n (ii) [Reserved]\n\n (2) [Reserved].\n\n[43 FR 13576, Mar. 31, 1978, as amended at 52 FR 2535, Jan. 23, 1987; 63 FR 36605, July 7, 1998; 75 FR 3639, Jan. 22, 2010; 80\nFR 71730, Nov. 17, 2015; 80 FR 73085, Nov. 23, 2015; 82 FR 41561, Sept. 1, 2017; 85 FR 64409, Oct. 13, 2020; 88 FR 21448, Apr.\n10, 2023]\n\n\n§ 74.870 Wireless video assist devices.\nTelevision broadcast auxiliary licensees and motion picture and television producers, as defined in § 74.801 may\noperate wireless video assist devices on a non-interference basis on VHF and UHF television channels to assist with\nproduction activities.\n\n (a) The use of wireless video assist devices must comply with all provisions of this subpart, except as\n indicated in paragraphs (b) through (i) of this section.\n\n (b) Wireless video assist devices may only be used for scheduled productions. They may not be used to\n produce live events and may not be used for electronic news gathering purposes.\n\n (c) Wireless video assist devices may operate with a bandwidth not to exceed 6 MHz on frequencies in the\n bands 180–210 MHz (TV channels 8–12) and 470–698 MHz (TV channels 14–51) subject to the\n following restrictions:\n\n (1) The bandwidth may only occupy a single TV channel.\n\n (2) Operation is prohibited within the 608–614 MHz (TV channel 37) band.\n\n (3) Operation is prohibited within 129 km of a television broadcasting station, including Class A\n television stations, low power television stations and translator stations.\n\n (4) For the area and frequency combinations listed in the table below, operation is prohibited within the\n distances indicated from the listed geographic coordinates.\n\n\n Note to the following table: All coordinates are referenced to the North American Datum of\n 1983.\n\n\n Excluded Excluded channels\n North West\n Area frequencies 200 128\n latitude longitude 52 km\n (MHz) km km\n Boston, MA 42°21′24.4″ 71°03′23.2″ 470–476 14\n 476–482 15\n 482–488 16\n 488–494 17\n Chicago, IL 41°52′28.1″ 87°38′22.2″ 470–476 14\n\n47 CFR 74.870(c)(4) (enhanced display) page 123 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.870(c)(4)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Excluded Excluded channels\n North West\n Area frequencies 200 128\n latitude longitude 52 km\n (MHz) km km\n 476–482 15\n 482–488 16\n 1\n Cleveland, OH 41°29′51.2″ 81°41′49.5″ 470–476 14\n 476–482 15\n 482–488 16\n 488–494 17\n Dallas/Fort Worth, TX 32°47′09.5″ 96°47′38.0″ 476–482 15\n 482–488 16\n 488–494 17\n Detroit, MI1 42°19′48.1″ 83°02′56.7″ 470–476 14\n 476–482 15\n 482–488 16\n 488–494 17\n Gulf of Mexico 476–494 15, 16,\n 17\n Hawaii 488–494 17\n Houston, TX 29°45′26.8″ 95°21′37.8″ 482–488 16\n 488–494 17\n 494–500 18\n Los Angeles, CA 34°03′15.0″ 118°14′31.3″ 470–476 14\n 476–482 15\n 482–488 16\n 488–494 17\n 500–506 19\n 506–512 20\n 512–518 21\n Miami, Fl 25°46′38.4″ 80°11′31.2″ 470–476 14\n 476–482 15\n New York/NE New 40°45′ 73°59′37.5″ 470–476 14\n Jersey\n 476–482 15\n 482–488 16\n 488–494 17\n 494–500 18\n 500–506 19\n 506–512 20\n Philadelphia, PA 39°56′58.4″ 75°09′19.6″ 494–500 18\n 500–506 19\n 506–512 20\n\n47 CFR 74.870(c)(4) (enhanced display) page 124 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.870(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Excluded Excluded channels\n North West\n Area frequencies 200 128\n latitude longitude 52 km\n (MHz) km km\n 512–518 21\n Pittsburgh, PA 40°26′19.2″ 79°59′59.2″ 470–476 14\n 476–482 15\n 488–494 17\n 494–500 18\n 500–506 19\n San Francisco/Oakland, 37°46′38.7″ 122°24′43.9″ 476–482 15\n CA\n 482–488 16\n 488–494 17\n 494–500 18\n Washington D.C./MD/VA 38°53′51.4″ 77°00′31.9″ 482–488 16\n 488–494 17\n 494–500 18\n 500–506 19\n\n1 The distance separation requirements are not applicable in these cities until further order from\nthe Commission.\n\n (d) Wireless video assist devices are limited to a maximum of 250 milliwatts ERP and must limit power to\n that necessary to reliably receive a signal at a distance of 300 meters. Wireless video assist devices must\n comply with the emission limitations of § 74.637.\n\n (e) The antenna of a wireless video assist device must be attached to the transmitter either permanently, or\n by means of a unique connector designed to allow replacement of authorized antennas but prevent the\n use of unauthorized antennas. When transmitting, the antenna must not be more that 10 meters above\n ground level.\n\n (f)\n\n (1) A license for a wireless video assist device will authorize the license holder to use all frequencies\n available for wireless video assist devices, subject to the limitations specified in this section.\n\n (2) Licensees may operate as many wireless video assist devices as necessary, subject to the\n notification procedures of this section.\n\n (g) Notification procedure. Prior to the commencement of transmitting, licensees must notify the local\n broadcasting coordinator of their intent to transmit. If there is no local coordinator in the intended area of\n operation, licensees must notify all adjacent channel TV stations within 161 km (100 mi) of the proposed\n operating area.\n\n (1) Notification must be made at least 10 working days prior to the date of intended transmission.\n\n (2) Notifications must include:\n\n (i) Frequency or frequencies.\n\n47 CFR 74.870(g)(2)(i) (enhanced display) page 125 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.870(g)(2)(ii)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (ii) Location.\n\n (iii) Antenna height.\n\n (iv) Emission type(s).\n\n (v) Effective radiated power.\n\n (vi) Intended dates of operation.\n\n (vii) Licensee contact information.\n\n (3)\n\n (i) Failure of a local coordinator to respond to a notification request prior to the intended dates of\n operation indicated on the request will be considered as having the approval of the coordinator.\n In this case, licensees must in addition notify all co-channel and adjacent channel TV stations\n within 161 km (100 mi) of the proposed operating area. This notification is for information\n purposes only and will not enable TV stations to prevent a WAVD from operating, but is\n intended to help identify the source of interference if any is experienced after a WAVD begins\n operation.\n\n (ii) If there is no local coordinator in the intended area of operation, failure of any adjacent channel\n TV station to respond to a notification request prior to the intended dates of operation indicated\n on the request will be considered as having the approval of the TV station.\n\n (4) Licensees must operate in a manner consistent with the response of the local coordinator, or, if there\n is no local coordinator in the intended area of operation, the responses of the adjacent channel TV\n stations. Disagreements may be appealed to the Commission. However, in those instances, the\n licensee will bear the burden of proof and proceeding to overturn the recommendation of the local\n coordinator or the co-channel or adjacent channel TV station.\n\n (h) Licenses for wireless video assist devices may not be transferred or assigned.\n\n (i) Operations in 600 MHz band assigned to wireless licensees under part 27 of this chapter. A wireless video\n assist device that operates on frequencies in the 600 MHz band assigned to wireless licensees under part\n 27of this chapter must cease operations on those frequencies no later than the end of the post-auction\n transition period as defined in § 27.4 of this chapter. During the post-auction transition period, wireless\n video assist devices will operate on a secondary basis to licensees of part 27 of this chapter, i.e., they\n must not cause to and must accept harmful interference from these licensees.\n\n[68 FR 12772, Mar. 17, 2003, as amended at 68 FR 69331, Dec. 12, 2003; 79 FR 48545, Aug. 15, 2014]\n\n\n§ 74.882 Station identification.\n (a) For transmitters used for voice transmissions and having a transmitter output power exceeding 50 mW, an\n announcement shall be made at the beginning and end of each period of operation at a single location,\n over the transmitting unit being operated, identifying the transmitting unit's call sign or designator, its\n location, and the call sign of the broadcasting station or name of the licensee with which it is being used.\n A period of operation may consist of a continuous transmission or intermittent transmissions pertaining\n to a single event.\n\n\n\n\n47 CFR 74.882(a) (enhanced display) page 126 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.882(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Each wireless video assist device, when transmitting, must transmit station identification at the beginning\n and end of each period of operation. Identification may be made by transmitting the station call sign by\n visual or aural means or by automatic transmission in international Morse telegraphy.\n\n (1) A period of operation is defined as a single uninterrupted transmission or a series of intermittent\n transmissions from a single location.\n\n (2) Station identification shall be performed in a manner conducive to prompt association of the signal\n source with the responsible licensee. In exercising the discretion provide by this rule, licensees are\n expected too act in a responsible manner to assure that result.\n\n[68 FR 12774, Mar. 17, 2003]\n\n\nSubparts I–K [Reserved]\n\nSubpart L—FM Broadcast Translator Stations and FM Broadcast Booster Stations\n\nSource: 35 FR 15388, Oct. 2, 1970, unless otherwise noted.\n\n\n\n§ 74.1201 Definitions.\n (a) FM translator. A station in the broadcasting service operated for the purpose of retransmitting the signals\n of an AM or FM radio broadcast station or another FM broadcast translator station without significantly\n altering any characteristics of the incoming signal other than its frequency and amplitude, in order to\n provide radio broadcast service to the general public.\n\n (b) Commercial FM translator. An FM broadcast translator station which rebroadcasts the signals of a\n commercial AM or FM radio broadcast station.\n\n (c) Noncommercial FM translator. An FM broadcast translator station which rebroadcasts the signals of a\n noncommercial educational AM or FM radio broadcast station.\n\n (d) Primary station. The AM or FM radio broadcast station radiating the signals which are retransmitted by an\n FM broadcast translator station or an FM broadcast booster station.\n\n (e) AM or FM radio broadcast station. When used in this Subpart L, the term AM broadcast station or AM\n radio broadcast station or FM broadcast station or FM radio broadcast station refers to commercial and\n noncommercial educational AM or FM radio broadcast stations as defined in § 2.1 of this chapter, unless\n the context indicates otherwise.\n\n (f) FM broadcast booster station. A station in the broadcasting service operated for the sole purpose of\n retransmitting the signals of an FM radio broadcast station, by amplifying and reradiating such signals,\n without significantly altering any characteristic of the incoming signal other than its amplitude. Unless\n specified otherwise, this term includes LPFM boosters as defined in paragraph (l) of this section.\n\n (g) Translator coverage contour. For a fill-in FM translator rebroadcasting an FM radio broadcast station as its\n primary station, the FM translator's coverage contour must be contained within the primary station's\n coverage contour. For purposes of this rule section, the coverage contour of the FM translator has the\n same field strength value as the protected contour of the primary FM station (i.e., for a commercial Class\n B FM station it is the predicted 0.5 mV/m field strength contour, for a commercial Class B1 FM station it is\n the predicted 0.7 mV/m field strength contour, and for all other classes of FM stations it is the predicted 1\n47 CFR 74.1201(g) (enhanced display) page 127 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1201(h)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n mV/m field strength contour). The coverage contour of an FM translator rebroadcasting an AM radio\n broadcast station as its primary station must be contained within the greater of either the 2 mV/m\n daytime contour of the AM station or a 25-mile (40 km) radius centered at the AM transmitter site. The\n protected contour for an FM translator station is its predicted 1 mV/m contour.\n\n (h) Fill-in area. The area where the coverage contour of an FM translator or booster station is within the\n protected contour of the associated primary station (i.e., predicted 0.5 mV/m contour for commercial\n Class B stations, predicted 0.7 mV/m contour for commercial Class B1 stations, and predicted 1 mV/m\n contour for all other classes of stations).\n\n (i) Other area. The area where the coverage contour of an FM translator station extends beyond the\n protected contour of the primary station (i.e., predicted 0.5 mV/m contour for commercial Class B\n stations, predicted 0.7 mV/m contour for commercial Class B1 stations, and predicted 1 mV/m contour\n for all other classes of stations).\n\n (j) AM Fill-in area. The area within the greater of the 2 mV/m daytime contour of the AM radio broadcast\n station being rebroadcast or a 25-mile (40 km) radius centered at the AM transmitter site.\n\n (k) Listener complaint. A statement that is signed and dated by the listener and contains the following\n information:\n\n (1) The complainant's full name, address, and phone number;\n\n (2) A clear, concise, and accurate description of the location where interference is alleged or predicted to\n occur;\n\n (3) A statement that the complainant listens over-the-air to the desired station at least twice a month;\n and\n\n (4) A statement that the complainant has no legal, financial, employment, or familial affiliation or\n relationship with the desired station.\n\n (l) LPFM booster. An FM broadcast booster station as defined in paragraph (f) of this section that is\n commonly-owned by an LPFM station for the purpose of retransmitting the signals of the commonly-\n owned LPFM station.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 FR 31405, Aug. 20, 1987; 55 FR 50693, Dec. 10, 1990;\n74 FR 45129, Sept. 1, 2009; 82 FR 13072, Mar. 9, 2017; 84 FR 27740, June 14, 2019; 85 FR 35574, June 11, 2020; 87 FR 15344,\nMar. 18, 2022]\n\n\nEffective Date Note: At 82 FR 13072, Mar. 9, 2017, § 74.1201 was amended by revising the last two sentences\nof paragraph (g), effective Apr. 10, 2017. At 82 FR 13069, Mar. 9, 2017, the effective date was delayed indefinitely\npending Office of Management and Budget approval of a nonsubstantive change in the rule as originally proposed.\n\n\n§ 74.1202 Frequency assignment.\n (a) An applicant for a new FM broadcast translator station or for changes in the facilities of an authorized\n translator station shall endeavor to select a channel on which its operation is not likely to cause\n interference to the reception of other stations. The application must be specific with regard to the\n frequency requested. Only one output channel will be assigned to each translator station.\n\n\n\n47 CFR 74.1202(a) (enhanced display) page 128 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1202(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) Subject to compliance with all the requirements of this subpart, FM broadcast translators may be\n authorized to operate on the following FM channels, regardless of whether they are assigned for local use\n in the FM Table of Allotments (§ 73.202(b) of this chapter):\n\n (1) Commercial FM translators: Channels 221–300 as identified in § 73.201 of this chapter.\n\n (2) Noncommercial FM translators: Channels 201–300 as identified in § 73.201 of this chapter. Use of\n reserved channels 201–220 is subject to the restrictions specified in § 73.501 of this chapter.\n\n (c) An FM broadcast booster station will be assigned the channel assigned to its primary station.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 39 FR 12990, Apr. 10, 1974; 47 FR 30068, July 12, 1982; 52 FR 8260, Mar. 17, 1987; 55\nFR 50693, Dec. 10, 1990; 87 FR 15344, Mar. 18, 2022]\n\n\n§ 74.1203 Interference.\n (a) An authorized FM translator or booster station will not be permitted to continue to operate if it causes any\n actual interference to:\n\n (1) The transmission of any authorized broadcast station; or\n\n (2) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster\n station; or\n\n (3) The direct reception by the public of the off-the-air signals of any full-service station or previously\n authorized secondary station. Interference will be considered to occur whenever reception of a\n regularly used signal is impaired by the signals radiated by the FM translator or booster station,\n regardless of the channel on which the protected signal is transmitted; except that no listener\n complaint will be considered actionable if the alleged interference occurs outside the desired\n station's 45 dBu contour. Interference is demonstrated by:\n\n (i) The required minimum number of valid listener complaints as determined using Table 1 of this\n section and defined in § 74.1201(k) of this part;\n\n (ii) A map plotting the specific location of the alleged interference in relation to the complaining\n station's 45 dBu contour;\n\n (iii) A statement that the complaining station is operating within its licensed parameters;\n\n (iv) A statement that the complaining station licensee has used commercially reasonable efforts to\n inform the relevant translator licensee of the claimed interference and attempted private\n resolution; and\n\n (v) U/D data demonstrating that at each listener location the undesired to desired signal strength\n exceeds −20 dB for co-channel situations, −6 dB for first-adjacent channel situations or 40 dB\n for second- or third-adjacent channel situations, calculated using the methodology set out in §\n 74.1204(b).\n\n\n\n\n47 CFR 74.1203(a)(3)(v) (enhanced display) page 129 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1203(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Table 1 to § 74.1203(a)(3)\n\n Minimum\n listener\n complaints\n Population within protected contour required\n for\n interference\n claim\n 1–199,999 6\n 200,000–299,999 7\n 300,000–399,999 8\n 400,000–499,999 9\n 500,000–999,999 10\n 1,000,000–1,499,999 15\n 1,500,000–1,999,999 20\n 2,000,000 or more 25\n LPFM stations with fewer than 5,000 3\n\n\n (b) If interference cannot be properly eliminated by the application of suitable techniques, operation of the\n offending FM translator or booster station shall be suspended and shall not be resumed until the\n interference has been eliminated. Short test transmissions may be made during the period of suspended\n operation to check the efficacy of remedial measures.\n\n (c) An FM booster station will be exempted from the provisions of paragraphs (a) and (b) of this section to\n the extent that it may cause limited interference to its primary station's signal, provided it does not disrupt\n the existing service of its primary station or cause such interference within the boundaries of the principal\n community of its primary station.\n\n (d) A fill-in FM translator operating on the first, second or third adjacent channel to its primary station's\n channel will be exempt from the provisions of paragraphs (a) and (b) of this section to the extent that it\n may cause limited interference to its primary station's signal, provided it does not disrupt the existing\n service of its primary station or cause such interference within the boundaries of the principal community\n of its primary station.\n\n (e) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any\n condition of interference which results from the radiation of radio frequency energy by its equipment on\n any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that\n such interference is being caused, the operation of the FM translator or FM booster station shall be\n suspended within three minutes and shall not be resumed until the interference has been eliminated or it\n can be demonstrated that the interference is not due to spurious emissions by the FM translator or FM\n booster station; provided, however, that short test transmissions may be made during the period of\n suspended operation to check the efficacy of remedial measures.\n\n[55 FR 50693, Dec. 10, 1990, as amended at 60 FR 55484, Nov. 1, 1995; 84 FR 27740, June 14, 2019; 86 FR 13663, Mar. 10, 2021]\n\n\n\n\n47 CFR 74.1203(e) (enhanced display) page 130 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1204\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1204 Protection of FM broadcast, FM Translator and LP100 stations.\n (a) An application for an FM translator station will not be accepted for filing if the proposed operation would\n involve overlap of predicted field contours with any other authorized commercial or noncommercial\n educational FM broadcast stations, FM translators, and Class D (secondary) noncommercial educational\n FM stations; or if it would result in new or increased overlap with an LP100 station, as set forth:\n\n (1) Commercial Class B FM Stations (Protected Contour: 0.5 mV/m)\n\n Frequency Interference contour of proposed Protected contour of commercial Class\n separation translator station B station\n Co-channel 0.05 mV/m (34 dBu) 0.5 mV/m (54 dBu)\n 200 kHz 0.25 mV/m (48 dBu) 0.5 mV/m (54 dBu)\n 400 kHz/ 600 kHz 50.0 mV/m (94 dBu) 0.5 mV/m (54 dBu)\n\n\n (2) Commercial Class B1 FM Stations (Protected Contour: 0.7 mV/m)\n\n Frequency Interference contour of proposed Protected contour of commercial Class\n separation translator station B1 station\n Co-channel 0.07 mV/m (37 dBu) 0.7 mV/m (57 dBu)\n 200 kHz 0.35 mV/m (51 dBu) 0.5 mV/m (57 dBu)\n 400 kHz/ 600 kHz 70.0 mV/m (97 dBu) 0.7 mV/m (57 dBu)\n\n\n (3) All Other Classes of FM Stations (Protected Contour: 1 mV/m)\n\n Frequency Interference contour of proposed Protected contour of any other\n separation translator station\n Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu)\n 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu)\n 400 kHz/ 600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu)\n\n\n (4) LP100 stations (Protected Contour: 1 mV/m)\n\n Interference contour of proposed\n Frequency Protected contour of LP100 LPFM\n translator\n separation station\n station\n Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu)\n 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu)\n\n\n\n Note to paragraph (a)(4): LP100 stations, to the purposes of determining overlap pursuant to this\n paragraph, LPFM applications and permits that have not yet been licensed must be considered as\n operating with the maximum permitted facilities. All LPFM TIS stations must be protected on the\n basis of a nondirectional antenna.\n\n\n47 CFR 74.1204(a)(4) (enhanced display) page 131 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1204(b)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (b) The following standards must be used to compute the distances to the pertinent contours:\n\n (1) The distances to the protected contours are computed using Figure 1 of § 73.333 [F(50,50) curves]\n of this chapter.\n\n (2) The distances to the interference contours are computed using Figure 1a of § 73.333 [F(50,10)\n curves] of this chapter. In the event that the distance to the contour is below 16 kilometers\n (approximately 10 miles), and therefore not covered by Figure 1a, curves in Figure 1 must be used.\n\n (3) The effective radiated power (ERP) to be used is the maximum ERP of the main radiated lobe in the\n pertinent azimuthal direction. If the transmitting antenna is not horizontally polarized only, either the\n vertical component or the horizontal component of the ERP should be used, whichever is greater in\n the pertinent azimuthal direction.\n\n (4) The antenna height to be used is the height of the radiation center above the average terrain along\n each pertinent radial, determined in accordance with § 73.313(d) of this chapter.\n\n (c) An application for a change (other than a change in channel) in the authorized facilities of an FM\n translator station will be accepted even though overlap of field strength contours would occur with\n another station in an area where such overlap does not already exist, if:\n\n (1) The total area of overlap with that station would not be increased:\n\n (2) The area of overlap with any other station would not increase;\n\n (3) The area of overlap does not move significantly closer to the station receiving the overlap; and,\n\n (4) No area of overlap would be created with any station with which the overlap does not now exist.\n\n (d) The provisions of this section concerning prohibited overlap will not apply where the area of such overlap\n lies entirely over water. In addition, an application otherwise precluded by this section will be accepted if it\n can be demonstrated that no actual interference will occur due to intervening terrain, lack of population or\n such other factors as may be applicable.\n\n (e) The provisions of this section will not apply to overlap between a proposed fill-in FM translator station and\n its primary station operating on a first, second or third adjacent channel, provided That such operation\n may not result in interference to the primary station within its principal community.\n\n (f) An application for an FM translator station will not be accepted for filing even though the proposed\n operation would not involve overlap of field strength contours with any other station, as set forth in\n paragraph (a) of this section, if grant of the authorization will result in interference to the reception of a\n regularly used, off-the-air signal of any authorized co-channel, first, second or third adjacent channel\n broadcast station, including previously authorized secondary service stations within the 45 dBu field\n strength contour of the desired station. Interference is demonstrated by:\n\n (1) The required minimum number of valid listener complaints as determined using Table 1 to §\n 74.1203(a)(3) of this part and defined in § 74.1201(k) of this part;\n\n (2) A map plotting the specific location of the alleged interference in relation to the complaining station's\n 45 dBu contour;\n\n (3) A statement that the complaining station is operating within its licensed parameters;\n\n\n\n\n47 CFR 74.1204(f)(3) (enhanced display) page 132 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1204(f)(4)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (4) A statement that the complaining station licensee has used commercially reasonable efforts to\n inform the relevant translator licensee of the claimed interference and attempted private resolution;\n and\n\n (5) U/D data demonstrating that at each listener location the undesired to desired signal strength\n exceeds −20 dB for co-channel situations, −6 dB for first-adjacent channel situations or 40 dB for\n second- or third-adjacent channel situations, calculated using the methodology set out in paragraph\n (b) of this section.\n\n (g) An application for an FM translator or an FM booster station that is 53 or 54 channels removed from an\n FM radio broadcast station will not be accepted for filing if it fails to meet the required separation\n distances set out in § 73.207 of this chapter. For purposes of determining compliance with § 73.207 of\n this chapter, translator stations will be treated as Class A stations and booster stations will be treated the\n same as their FM radio broadcast station equivalents. FM radio broadcast station equivalents will be\n determined in accordance with §§ 73.210 and 73.211 of this chapter, based on the booster station's ERP\n and HAAT. Provided, however, that FM translator stations and booster stations operating with less than\n 100 watts ERP will be treated as class D stations and will not be subject to intermediate frequency\n separation requirements.\n\n (h) An application for an FM translator station will not be accepted for filing if it specifies a location within\n 320 kilometers (approximately 199 miles) of either the Canadian or Mexican borders and it does not\n comply with § 74.1235(d) of this part.\n\n (i) FM booster stations shall be subject to the requirement that the signal of any first adjacent channel\n station must exceed the signal of the booster station by 6 dB at all points within the protected contour of\n any first adjacent channel station, except that in the case of FM stations on adjacent channels at\n spacings that do not meet the minimum distance separations specified in § 73.207 of this chapter, the\n signal of any first adjacent channel station must exceed the signal of the booster by 6 dB at any point\n within the predicted interference free contour of the adjacent channel station.\n\n (j) FM translator stations authorized prior to June 1, 1991 with facilities that do not comply with the\n predicted interference protection provisions of this section, may continue to operate, provided that\n operation is in conformance with § 74.1203 regarding actual interference. Applications for major changes\n in FM translator stations must specify facilities that comply with provisions of this section.\n\n[55 FR 50694, Dec. 10, 1990, as amended at 56 FR 56170, Nov. 1, 1991; 58 FR 42025, Aug. 6, 1993; 65 FR 7649, Feb. 15, 2000; 65\nFR 67304, Nov. 9, 2000; 65 FR 79780, Dec. 20, 2000; 84 FR 27741, June 14, 2019; 86 FR 13664, Mar. 10, 2021]\n\n\n§ 74.1205 Protection of channel 6 TV broadcast stations.\nThe provisions of this section apply to all applications for construction permits for new or modified facilities for a\nnoncommercial educational FM translator station on Channels 201–220, unless the application is accompanied by\na written agreement between the NCE-FM translator applicant and each affected TV Channel 6 broadcast station\nlicensee or permittee concurring with the proposed NCE-FM translator facility.\n\n\n\n\n47 CFR 74.1205 (enhanced display) page 133 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1205(a)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (a) An application for a construction permit for new or modified facilities for a noncommercial educational\n FM translator station operating on Channels 201–220 must include a showing that demonstrates\n compliance with paragraph (b), (c) or (d) of this section if it is within the following distances of a TV\n broadcast station which is authorized to operate on Channel 6.\n\n FM Channel Distance (kilometers)\n 201 148\n 202 146\n 203 143\n 204 141\n 205 140\n 206 137\n 207 135\n 208 135\n 209 135\n 210 135\n 211 135\n 212 135\n 213 135\n 214 134\n 215 134\n 216 133\n 217 133\n 218 132\n 219 132\n 220 131\n\n\n (b) Collocated stations. An application for a noncommercial educational FM translator station operating on\n Channels 201–220 and located at 0.4 kilometer (approximately 0.25 mile) or less from a TV Channel 6\n station will be accepted if it includes a certification that the applicant has coordinated its antenna with the\n affected TV station.\n\n (c) Contour overlap. Except as provided in paragraph (b) of this section, an application for a noncommercial\n educational FM translator station operating on Channels 201–220 will not be accepted if the proposed\n operation would involve overlap of its interference field strength contour with any TV Channel 6 station's\n Grade B contour, as set forth below.\n\n (1) The distances to the TV Channel 6 station Grade B (47 dBu) field strength contour will be predicted\n according to the procedures specified in § 73.684 of this chapter, using the F(50,50) curves in §\n 73.699, Figure 9 of this chapter.\n\n (2) The distances to the applicable noncommercial educational FM translator interference contour will\n be predicted according to the procedures specified in § 74.1204(b) of this part.\n\n\n\n\n47 CFR 74.1205(c)(2) (enhanced display) page 134 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1205(c)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (3) The applicable noncommercial educational FM translator interference contours are as follows:\n\n FM channel Interference Contour F(50,10) curves (dBu)\n 201 54\n 202 56\n 203 59\n 204 62\n 205 64\n 206 69\n 207 73\n 208 73\n 209 73\n 210 73\n 211 73\n 212 74\n 213 75\n 214 77\n 215 78\n 216 80\n 217 81\n 218 85\n 219 88\n 220 90\n\n\n (d) FM translator stations authorized prior to June 1, 1991 with facilities that do not comply with the\n predicted interference protection provisions of this section, may continue to operate, provided that\n operation is in conformance with § 74.1203 regarding actual interference. Applications for major changes\n in FM translator stations must specify facilities that comply with the provisions of this section.\n\n[55 FR 50695, Dec. 10, 1990, as amended at 58 FR 42025, Aug. 6, 1993]\n\n\n§ 74.1231 Purpose and permissible service.\n (a) FM translators provide a means whereby the signals of AM or FM broadcast stations may be\n retransmitted to areas in which direct reception of such AM or FM broadcast stations is unsatisfactory\n due to distance or intervening terrain barriers, and a means for AM Class D stations to continue operating\n at night.\n\n (b) An FM translator may be used for the purpose of retransmitting the signals of a primary AM or FM radio\n broadcast station or another translator station the signal of which is received directly through space,\n converted, and suitably amplified, and originating programming to the extent authorized in paragraphs (f),\n (g), and (h) of this section. However, an FM translator providing fill-in service may use any terrestrial\n facilities to receive the signal that is being rebroadcast. An FM booster station or a noncommercial\n educational FM translator station that is operating on a reserved channel (Channels 201–220) and is\n owned and operated by the licensee of the primary noncommercial educational station it rebroadcasts\n\n47 CFR 74.1231(b) (enhanced display) page 135 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1231(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n may use alternative signal delivery means, including, but not limited to, satellite and terrestrial microwave\n facilities. Provided, however, that an applicant for a noncommercial educational translator operating on a\n reserved channel (Channel 201–220) and owned and operated by the licensee of the primary\n noncommercial educational AM or FM station it rebroadcasts complies with either paragraph (b)(1) or\n (b)(2) of this section:\n\n (1) The applicant demonstrates that:\n\n (i) The transmitter site of the proposed FM translator station is within 80 kilometers of the\n predicted 1 mV/m contour of the primary station to be rebroadcast; or,\n\n (ii) The transmitter site of the proposed FM translator station is more than 160 kilometers from the\n transmitter site of any authorized full service noncommercial educational FM station; or,\n\n (iii) The application is mutually exclusive with an application containing the showing as required by\n paragraph 74.1231(b)(2) (i) or (ii) of this section; or,\n\n (iv) The application is filed after October 1, 1992.\n\n (2) If the transmitter site of the proposed FM translator station is more than 80 kilometers from the\n predicted 1 mV/m contour of the primary station to be rebroadcast or is within 160 kilometers of the\n transmitter site of any authorized full service noncommercial educational FM station, the applicant\n must show that:\n\n (i) An alternative frequency can be used at the same site as the proposed FM translator's\n transmitter location and can provide signal coverage to the same area encompassed by the\n applicant's proposed 1 mV/m contour; or,\n\n (ii) An alternative frequency can be used at a different site and can provide signal coverage to the\n same area encompassed by the applicant's proposed 1 mV/m contour.\n\n\n Note: For paragraphs 74.1231(b) and 74.1231(i) of this section, auxiliary intercity relay\n station frequencies may be used to deliver signals to FM translator and booster stations\n on a secondary basis only. Such use shall not interfere with or otherwise preclude use of\n these frequencies for transmitting aural programming between the studio and\n transmitter location of a broadcast station, or between broadcast stations, as provided\n in paragraphs 74.531 (a) and (b) of this part. Prior to filing an application for an auxiliary\n intercity relay microwave frequency, the applicant shall notify the local frequency\n coordination committee, or, in the absence of a local frequency coordination committee,\n any licensees assigned the use of the proposed operating frequency in the intended\n location or area of operation.\n\n (c) The transmissions of each FM translator or booster station shall be intended only for direct reception by\n the general public. An FM translator or booster shall not be operated solely for the purpose of relaying\n signals to one or more fixed received points for retransmission, distribution, or further relaying in order to\n establish a point-to-point FM radio relay system.\n\n (d) The technical characteristics of the retransmitted signals shall not be deliberately altered so as to hinder\n reception on conventional FM broadcast receivers.\n\n\n47 CFR 74.1231(d) (enhanced display) page 136 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1231(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (e) An FM translator shall not deliberately retransmit the signals of any station other than the station it is\n authorized to retransmit. Precautions shall be taken to avoid unintentional retransmission of such other\n signals.\n\n (f) A locally generated radio frequency signal similar to that of an FM broadcast station and modulated with\n aural information may be connected to the input terminals of an FM translator for the purpose of\n transmitting voice announcements. The radio frequency signals shall be on the same channel as the\n normally used off-the-air signal being rebroadcast. Connection of the locally generated signals shall be\n made by any automatic means when transmitting originations concerning financial support. The\n connections for emergency transmissions may be made manually. The apparatus used to generate the\n local signal that is used to modulate the FM translator must be capable of producing an aural signal\n which will provide acceptable reception on FM receivers designed for the transmission standards\n employed by FM broadcast stations.\n\n (g) The aural material transmitted as permitted in paragraph (f) of this section shall be limited to emergency\n warnings of imminent danger and to seeking or acknowledging financial support deemed necessary to\n the continued operation of the translator. Originations concerning financial support are limited to a total of\n 30 seconds an hour. Within this limitation the length of any particular announcement will be left to the\n discretion of the translator station licensee. Solicitations of contributions shall be limited to the defrayal\n of the costs of installation, operation and maintenance of the translator or acknowledgements of financial\n support for those purposes. Such acknowledgements may include identification of the contributors, the\n size or nature of the contributions and advertising messages of contributors. Emergency transmissions\n shall be no longer or more frequent than necessary to protect life and property.\n\n (h) An FM translator station that rebroadcasts a Class D AM radio broadcast station as its primary station\n may originate programming during the hours the primary station is not operating, subject to the provisions\n of § 74.1263(b) of this part.\n\n (i) FM broadcast booster stations provide a means whereby the licensee of an FM broadcast station may\n provide service to areas in any region within the primary station's predicted, authorized service contours.\n An FM broadcast booster station is authorized to retransmit only the signals of its primary station which\n have been received directly through space and suitably amplified, or received by alternative signal delivery\n means including, but not limited to, satellite and terrestrial microwave facilities. The FM booster station\n shall not retransmit the signals of any other station nor make independent transmissions, except that\n locally generated signals may be used to excite the booster apparatus for the purpose of conducting tests\n and measurements essential to the proper installation and maintenance of the apparatus.\n\n\n Note: In the case of an FM broadcast station authorized with facilities in excess of those specified\n by § 73.211 of this chapter, an FM booster station will only be authorized within the protected\n contour of the class of station being rebroadcast as predicted on the basis of the maximum\n powers and heights set forth in that section for the applicable class of FM broadcast station\n concerned.\n\n\n[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 FR 31406, Aug. 20, 1987; 53 FR 14803, Apr. 26, 1988; 54\nFR 35342, Aug. 25, 1989; 55 FR 50695, Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 42026, Aug. 6, 1993; 63 FR 33879, June\n22, 1998; 74 FR 45130, Sept. 1, 2009]\n\n\n\n\n47 CFR 74.1231(i) (enhanced display) page 137 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1232\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1232 Eligibility and licensing requirements.\n (a) Subject to the restrictions set forth in paragraph (d) of this section, a license for an FM broadcast\n translator station may be issued to any qualified individual, organized group of individuals, broadcast\n station licensee, or local civil governmental body, upon an appropriate showing that plans for financing\n the installation and operation of the translator are sufficiently sound to assure prompt construction of the\n translator and dependable service.\n\n (b) More than one FM translator may be licensed to the same applicant, whether or not such translators serve\n substantially the same area, upon an appropriate showing of technical need for such additional stations.\n FM translators are not counted as FM stations for the purpose of § 73.3555 of this chapter concerning\n multiple ownership.\n\n\n Note: As used in this section need refers to the quality of the signal received and not to the\n programming content, format, or transmission needs of an area.\n\n (c) Only one input and one output channel will be assigned to each FM translator. Additional FM translators\n may be authorized to provide additional reception. A separate application is required for each FM\n translator and each application shall be complete in all respects.\n\n (d) An authorization for an FM translator whose coverage contour extends beyond the protected contour of\n the commercial primary station will not be granted to the licensee or permittee of a commercial FM radio\n broadcast station. Similarly, such authorization will not be granted to any person or entity having any\n interest whatsoever, or any connection with a primary FM station. Interested and connected parties\n extend to group owners, corporate parents, shareholders, officers, directors, employees, general and\n limited partners, family members and business associates. For the purposes of this paragraph, the\n protected contour of the primary station shall be defined as follows: the predicted 0.5mV/m contour for\n commercial Class B stations, the predicted 0.7 mV/m contour for commercial Class B1 stations and the\n predicted 1 mV/m field strength contour for all other FM radio broadcast stations. The contours shall be\n as predicted in accordance with § 73.313(a) through (d) of this chapter. In the case of an FM radio\n broadcast station authorized with facilities in excess of those specified by § 73.211 of this chapter, a co-\n owned commercial FM translator will only be authorized within the protected contour of the class of\n station being rebroadcast, as predicted on the basis of the maximum powers and heights set forth in that\n section for the applicable class of FM broadcast station concerned. An FM translator station in operation\n prior to March 1, 1991, which is owned by a commercial FM (primary) station and whose coverage\n contour extends beyond the protected contour of the primary station, may continue to be owned by such\n primary station until March 1, 1994. Thereafter, any such FM translator station must be owned by\n independent parties. An FM translator station in operation prior to June 1, 1991, which is owned by a\n commercial FM radio broadcast station and whose coverage contour extends beyond the protected\n contour of the primary station, may continue to be owned by a commercial FM radio broadcast station\n until June 1, 1994. Thereafter, any such FM translator station must be owned by independent parties. An\n FM translator providing service to an AM fill-in area will be authorized only to the permittee or licensee of\n the AM radio broadcast station being rebroadcast, or, in the case of an FM translator authorized to\n operate on an unreserved channel, to a party with a valid rebroadcast consent agreement with such a\n permittee or licensee to rebroadcast that station as the translator's primary station. In addition, any FM\n translator providing service to an AM fill-in area must have been authorized by a license or construction\n\n\n\n\n47 CFR 74.1232(d) (enhanced display) page 138 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1232(e)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n permit in effect as of May 1, 2009, or pursuant to an application that was pending as of May 1, 2009. A\n subsequent modification of any such FM translator will not affect its eligibility to rebroadcast an AM\n signal.\n\n (e) An FM translator station whose coverage contour goes beyond the protected contour of the commercial\n primary station shall not receive any support, before or after construction, either directly or indirectly, from\n the commercial primary FM radio broadcast station. Such support also may not be received from any\n person or entity having any interest whatsoever, or any connection with the primary FM station. Interested\n and connected parties extend to group owners, corporate parents, shareholders, officers, directors,\n employees, general and limited partners, family members and business associates. Such an FM translator\n station may, however, receive technical assistance from the primary station to the extent of installing or\n repairing equipment or making adjustments to equipment to assure compliance with the terms of the\n translator station's construction permit and license. FM translator stations in operation prior to March 1,\n 1991 may continue to receive contributions or support from the commercial primary station for the\n operation and maintenance of the translator station until March, 1, 1994. Thereafter, any such FM\n translator station shall be subject to the prohibitions on support contained in this section. Such an FM\n translator station may, however, receive technical assistance from the primary station to the extent of\n installing or repairing equipment or making adjustments to equipment to assure compliance with the\n terms of the translator station's construction permit and license. FM translator stations in operation prior\n to June 1, 1991 may continue to receive contributions or support from a commercial FM radio broadcast\n station for the operation and maintenance of the translator station until June 1, 1994. Thereafter, any such\n FM translator station shall be subject to the prohibitions on support contained in this section.\n\n\n Note: “Technical assistance” refers to actual services provided by the primary station's technical\n staff or compensation for the time and services provided by independent engineering personnel.\n Conversely, such support must not include the supply of equipment or direct funding for the\n translator's discretionary use. “Technical assistance” must occur after the issuance of the\n translator's construction permit or license in order to meet expenses incurred by installing,\n repairing, or making adjustments to equipment.\n\n (f) An FM broadcast booster station will be authorized only to the licensee or permittee of the FM radio\n broadcast station whose signals the booster station will retransmit, to serve areas within the protected\n contour of the primary station, subject to Note, § 74.1231(h) of this part.\n\n (g) No numerical limit is placed upon the number of FM booster stations which may be licensed to a single\n licensee. A separate application is required for each FM booster station. FM broadcast booster stations\n are not counted as FM broadcast stations for the purposes of § 73.5555 of this chapter concerning\n multiple ownership.\n\n (h) Any authorization for an FM translator station issued to an applicant described in paragraphs (d) and (e)\n of this section will be issued subject to the condition that it may be terminated at any time, upon not less\n than sixty (60) days written notice, where the circumstances in the community or area served are so\n altered as to have prohibited grant of the application had such circumstances existed at the time of its\n filing.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 43 FR 14660, Apr. 7, 1978; 52 FR 10571, Apr. 2, 1987; 52 FR 31406, Aug. 20, 1987; 55\nFR 50696, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993; 74 FR 45130, Sept. 1, 2009; 77 FR 21015, Apr. 9, 2012]\n\n\n47 CFR 74.1232(h) (enhanced display) page 139 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1233\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1233 Processing FM translator and booster station applications.\n (a) Applications for FM translator and booster stations are divided into two groups:\n\n (1)\n\n (i) In the first group are applications for new stations or for major changes in the facilities of\n authorized stations. For FM translator stations, a major change is:\n\n (A) Any change in frequency (output channel) except—\n\n (1) Changes to first, second or third adjacent channels, or intermediate frequency\n channels; or\n\n (2) Upon a showing of interference to or from any other broadcast station, remedial\n changes to any same-band frequency; or\n\n (B) Any change in antenna location where the station would not continue to provide 1 mV/m\n service to some portion of its previously authorized 1 mV/m service area. In addition, any\n change in frequency relocating an unbuilt station from the non-reserved band to the\n reserved band, or from the reserved band to the non-reserved band, will be considered\n major. All other changes will be considered minor.\n\n (ii) All major changes are subject to the provisions of §§ 73.3580 and 1.1104 of this chapter\n pertaining to major changes.\n\n (2) In the second group are applications for licenses and all other changes in the facilities of the\n authorized station.\n\n (b) Processing booster and reserved band FM translator applications.\n\n (1) Applications for minor modifications for reserved band FM translator stations, as defined in\n paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be\n processed on a “first come/first served” basis, with the first acceptable application cutting off the\n filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice\n listing those applications accepted for filing. Conflicting applications received on the same day will\n be treated as simultaneously filed and mutually exclusive. Conflicting applications received after the\n filing of a first acceptable application will be grouped, according to filing date, behind the lead\n application in a queue. The priority rights of the lead applicant, against all other applicants, are\n determined by the date of filing, but the filing date for subsequent, conflicting applicants only\n reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final\n determination that the lead applicant is unacceptable and if the queue member is reached and found\n acceptable. The queue will remain behind the lead applicant until a construction permit is finally\n granted, at which time the queue dissolves.\n\n (2) All other applications for booster stations and reserved band FM translator stations will be\n processed as nearly as possible in the order in which they are filed. Such applications will be placed\n in the processing line in numerical sequence, and will be drawn by the staff for study, the lowest file\n number first. In order that those applications which are entitled to be grouped for processing may be\n fixed prior to the time processing of the earliest filed application is begun, the FCC will periodically\n release a Public Notice listing reserved band applications that have been accepted for filing and\n\n\n\n\n47 CFR 74.1233(b)(2) (enhanced display) page 140 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1233(b)(3)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n announcing a date (not less than 30 days after publication) on which the listed applications will be\n considered available and ready for processing and by which all mutually exclusive applications and/\n or petitions to deny the listed applications must be filed.\n\n (3) Applications for reserved band FM translator stations will be processed using filing window\n procedures. The FCC will specify by Public Notice, a period for filing reserved band FM translator\n applications for a new station or for major modifications in the facilities of an authorized station. FM\n translator applications for new facilities or for major modifications will be accepted only during\n these specified periods. Applications submitted prior to the window opening date identified in the\n Public Notice will be returned as premature. Applications submitted after the specified deadline will\n be dismissed with prejudice as untimely.\n\n (4) Timely filed applications for new facilities or for major modifications for reserved band FM\n Translators will be processed pursuant to the procedures set forth in subpart K of part 73 (§ 73.7000\n et seq.) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of\n applications; applications received during the window filing period which are found to be non-\n mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth\n in § 73.7003 of this chapter; and acceptable applications. The Public Notices will also announce:\n additional procedures to be followed for certain groups of applications; deadlines for filing additional\n information; and dates by which petitions to deny must be filed in accordance with the provisions of\n § 73.7004 of this chapter. If the applicant is duly qualified, and upon examination, the FCC finds that\n the public interest, convenience and necessity will be served by the granting of the application, it will\n be granted. If an application is found not to be acceptable for filing, the application will be returned,\n and subject to the amendment requirements of § 73.3522 of this chapter.\n\n (c) In the case of an application for an instrument of authorization, other than a license pursuant to a\n construction permit, grant will be based on the application, the pleadings filed, and such other matters\n that may be officially noticed. Before a grant can be made it must be determined that:\n\n (1) There is not pending a mutually exclusive application.\n\n (2) The applicant is legally, technically, financially and otherwise qualified;\n\n (3) The applicant is not in violation of any provisions of law, the FCC rules, or established policies of the\n FCC; and\n\n (4) A grant of the application would otherwise serve the public interest, convenience and necessity.\n\n (d) Processing non-reserved band FM translator applications.\n\n (1) Applications for minor modifications for non-reserved band FM translator stations, as defined in\n paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be\n processed on a “first come/first served” basis, with the first acceptable application cutting off the\n filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice\n listing those applications accepted for filing. Applications received on the same day will be treated\n as simultaneously filed and, if they are found to be mutually exclusive, must be resolved through\n settlement or technical amendment. Conflicting applications received after the filing of a first\n acceptable application will be grouped, according to filing date, behind the lead application in a\n queue. The priority rights of the lead applicant, against all other applicants, are determined by the\n date of filing, but the filing date for subsequent, conflicting applicants only reserves a place in the\n queue. The rights of an applicant in a queue ripen only upon a final determination that the lead\n\n\n47 CFR 74.1233(d)(1) (enhanced display) page 141 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1233(d)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n applicant is unacceptable and if the queue member is reached and found acceptable. The queue will\n remain behind the lead applicant until a construction permit is finally granted, at which time the\n queue dissolves.\n\n (2)\n\n (i) The FCC will specify by Public Notice, pursuant to § 73.5002(a) of this chapter, a period for\n filing non-reserved band FM translator applications for a new station or for major modifications\n in the facilities of an authorized station. FM translator applications for new facilities or for\n major modifications, whether for commercial broadcast stations or noncommercial educational\n broadcast stations, as described in 47 U.S.C. 397(6), will be accepted only during these\n specified periods. Applications submitted prior to the window opening date identified in the\n Public Notice will be returned as premature. Applications submitted after the specified deadline\n will be dismissed with prejudice as untimely.\n\n (ii) Such FM translator applicants will be subject to the provisions of §§ 1.2105 and 73.5002(a)\n regarding the submission of the short-form application, FCC Form 175, and all appropriate\n certifications, information and exhibits contained therein. To determine which FM translator\n applications are mutually exclusive, FM translator applicants must submit the engineering data\n contained in FCC Form 349 as a supplement to the short-form application. Such engineering\n data will not be studied for technical acceptability, but will be protected from subsequently filed\n applications as of the close of the window filing period. Determinations as to the acceptability\n or grantability of an applicant's proposal will not be made prior to an auction.\n\n (iii) FM translator applicants will be subject to the provisions of § 1.2105 regarding the modification\n and dismissal of their short-form applications.\n\n (iv) Consistent with § 1.2105(a), beginning January 1, 1999, all short-form applications must be\n filed electronically.\n\n (3) Subsequently, the FCC will release Public Notices:\n\n (i) Identifying the short-form applications received during the appropriate filing period or “window”\n which are found to be mutually exclusive, including any applications for noncommercial\n educational broadcast stations, as defined in 47 U.S.C. 397(6), as well as the procedures the\n FCC will use to resolve the mutually exclusive applications;\n\n (ii) Establishing a date, time and place for an auction;\n\n (iii) Providing information regarding the methodology of competitive bidding to be used in the\n upcoming auction, bid submission and payment procedures, upfront payment procedures,\n upfront payment deadlines, minimum opening bid requirements and applicable reserve prices\n in accordance with the provisions of § 73.5002;\n\n (iv) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to\n bid in the auction.\n\n (4) After the close of the filing window, the FCC will also release a Public Notice identifying any short-\n form applications which are found to be non-mutually exclusive, including any applications for\n noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6). These non-\n mutually exclusive applicants will be required to submit the appropriate long form application within\n 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the\n provisions of § 73.5005 of this chapter. Non-mutually exclusive applications for commercial\n\n47 CFR 74.1233(d)(4) (enhanced display) page 142 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1233(d)(5)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n broadcast stations will be processed and the FCC will periodically release a Public Notice listing\n such non-mutually exclusive applications determined to be acceptable for filing and announcing a\n date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and\n 73.3584 of this chapter. Non-mutually exclusive applications for noncommercial educational\n broadcast stations, as described by 47 U.S.C. 397(6), will be processed and the FCC will periodically\n release a Public Notice listing such non-mutually exclusive applications determined to be acceptable\n for filing and announcing a date by which petitions to deny must be filed in accordance with the\n provisions of §§ 73.7004 and 73.3584 of this chapter. If the applicants are duly qualified, and upon\n examination, the FCC finds that the public interest, convenience and necessity will be served by the\n granting of the non-mutually exclusive long-form application, the same will be granted.\n\n (5)\n\n (i) Pursuant to § 1.2107 of this chapter, a winning bidder that meets its down payment obligations\n in a timely manner must, within 30 days of the release of the public notice announcing the close\n of the auction, submit the appropriate long-form application for each construction permit for\n which it was the winning bidder. Long-form applications filed by winning bidders shall include\n the exhibits identified in § 73.5005 of this chapter.\n\n (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the\n deadline established by the Commission pursuant to § 1.2109(a) of this chapter. Long-form\n construction permit applications will be processed and the FCC will periodically release a\n Public Notice listing such applications that have been accepted for filing and announcing a date\n by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and\n 73.3584. Construction permits will be granted by the Commission only after full and timely\n payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and\n upon examination, the FCC finds that the public interest, convenience and necessity will be\n served. If a winning bidder fails to pay the balance of its winning bid in a lump sum by the\n applicable deadline as specified by the Commission, it will be allowed to make payment within\n ten (10) business days after the payment deadline, provided that it also pays a late fee equal to\n five (5) percent of the amount due in accordance with § 1.2109(a) of this chapter. Construction\n of the FM translator station shall not commence until the grant of such permit to the winning\n bidder and only after full and timely payment of winning bids and any applicable late fees.\n\n (iii) All long-form applications will be cut-off as of the date of filing with the FCC and will be\n protected from subsequently filed long-form translator applications. Applications will be\n required to protect all previously filed applications. Winning bidders filing long-form\n applications may change the technical proposals specified in their previously submitted short-\n form applications, but such change may not constitute a major change. If the submitted long-\n form application would constitute a major change from the proposal submitted in the short-\n form application or the allotment, the long-form application will be returned pursuant to\n paragraph (d)(2)(i) of this section.\n\n (e) Selection of mutually exclusive reserved band FM translator applications.\n\n (1) Applications for FM translator stations proposing to provide fill-in service (within the primary station's\n protected contour) of the commonly owned primary station will be given priority over all other\n applications.\n\n\n\n\n47 CFR 74.1233(e)(1) (enhanced display) page 143 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1233(e)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) Where applications for FM translator stations are mutually exclusive and do not involve a proposal to\n provide fill-in service of commonly owned primary stations, the FCC may stipulate different\n frequencies as necessary for the applicants.\n\n (3) Where there are no available frequencies to substitute for a mutually exclusive application, the FCC\n will apply the same point system identified for full service reserved band FM stations in § 73.7003(b)\n of this chapter. In the event of a tie, the FCC will consider:\n\n (i) Existing authorizations. Each applicant's number of existing radio authorizations (licenses and\n construction permits for AM, FM, and FM-translators but excluding fill-in translators) as of the\n time of application shall be compared, and the applicant with the fewest authorizations will be\n chosen as tentative selectee. If each applicant is applying for a fill-in translator only, and\n consideration of its other radio stations is not dispositive, its number of existing fill-in translator\n authorizations will also be considered, and the fill-in applicant with the fewest fill-in\n authorizations will be chosen as tentative selectee.\n\n (ii) Existing applications. If a tie remains, after the tie breaker in paragraph (e)(3)(i) of this section,\n the remaining applicant with the fewest pending radio new and major change applications (AM,\n FM, and non fill-in FM translators) will be chosen as tentative selectee. If each applicant is\n applying for a fill-in translator only, and consideration of its other radio stations is not\n dispositive, its number of existing fill-in translator applications will also be considered, and the\n fill-in applicant with the fewest fill-in authorizations will be chosen as tentative selectee.\n\n (iii) Where the procedures in paragraphs (e)(1), (e)(2) and (e)(3)(i) and (e)(3)(ii) of this section fail to\n resolve the mutual exclusivity, the applications will be processed on a first-come-first-served\n basis.\n\n[63 FR 48632, Sept. 11, 1998, as amended at 64 FR 19502, Apr. 21, 1999; 65 FR 36382, June 8, 2000; 66 FR 15357, Mar. 19, 2001;\n67 FR 45375, July 9, 2002; 68 FR 26229, May 15, 2003; 71 FR 6229, Feb. 7, 2006; 76 FR 18953, Apr. 6, 2011; 84 FR 27741, June 14,\n2019]\n\n\n§ 74.1234 Unattended operation.\n (a) A station authorized under this subpart may be operated without a designated person in attendance if the\n following requirements are met:\n\n (1) If the transmitter site cannot be reached promptly at all hours and in all seasons, means shall be\n provided so that the transmitting apparatus can be turned on and off at will from a point which is\n readily accessible at all hours and in all seasons.\n\n (2) The transmitter shall also be equipped with suitable automatic circuits which will place it in a\n nonradiating condition in the absence of a signal on the input channel.\n\n (3) The on-and-off control (if at a location other than the transmitter site) and the transmitting\n apparatus, shall be adequately protected against tampering by unauthorized persons.\n\n (4) The FCC in Washington, DC, Attention: Audio Division, Media Bureau, shall be supplied by letter with\n the name, address, and telephone number of a person or persons who may be contacted to secure\n suspension of operation of the translator promptly should such action be deemed necessary by the\n Commission. Such information shall be kept current by the licensee.\n\n\n\n\n47 CFR 74.1234(a)(4) (enhanced display) page 144 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1234(a)(5)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (5) Where the antenna and supporting structure are required to be painted and lighted under the\n provisions of Part 17 of this chapter, the licensee shall make suitable arrangements for the daily\n inspection and logging of the obstruction lighting and associated control equipment as required by\n §§ 17.47, 17.48, and 17.49 of this chapter.\n\n (b) An application for authority to construct a new station pursuant to this subpart or to make changes in the\n facilities of such a station, which proposes unattended operation shall include an adequate showing as to\n the manner of compliance with this section.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 37 FR 18540, Sept. 13, 1972; 38 FR 25992, Sept. 17, 1973; 60 FR 55484, Nov. 1, 1995;\n63 FR 33879, June 22, 1998; 67 FR 13234, Mar. 21, 2002]\n\n\n§ 74.1235 Power limitations and antenna systems.\n (a) An application for an FM translator station filed by the licensee or permittee of the primary station to\n provide fill-in service within the primary station's coverage area will not be accepted for filing if it specifies\n an effective radiated power (ERP) which exceeds 250 watts.\n\n (b) An application for an FM translator station, other than one for fill-in service which is covered in paragraph\n (a) of this section, will not be accepted for filing if it specifies an effective radiated power (ERP) which\n exceeds the maximum ERP (MERP) value determined in accordance with this paragraph. The antenna\n height above average terrain (HAAT) shall be determined in accordance with § 73.313(d) of this chapter\n for each of 12 distinct radials, with each radial spaced 30 degrees apart and with the bearing of the first\n radial bearing true north. Each raidal HAAT value shall be rounded to the nearest meter. For each of the 12\n radial directions, the MERP is the value corresponding to the calculated HAAT in the following tables that\n is appropriate for the location of the translator. For an application specifying a nondirectional transmitting\n antenna, the specified ERP must not exceed the smallest of the 12 MERP's. For an application specifying\n a directional transmitting antenna, the ERP in each azimuthal direction must not exceed the MERP for the\n closest of the 12 radial directions.\n\n\n\n\n47 CFR 74.1235(b) (enhanced display) page 145 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1235(b)(1)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (1) For FM translators located east of the Mississippi River or in Zone I-A as described in § 73.205(b) of\n this chapter:\n\n Radial HAAT (meters) Maximum ERP (MERP in watts)\n Less than or equal to 32 250\n 33 to 39 170\n 40 to 47 120\n 48 to 57 80\n 58 to 68 55\n 69 to 82 38\n 83 to 96 27\n 97 to 115 19\n 116 to 140 13\n Greater than or equal to 141 10\n\n\n (2) For FM translators located in all other areas:\n\n Radial HAAT (meters) Maximum ERP (MERP in watts)\n Less than or equal to 107 250\n 108 to 118 205\n 119 to 130 170\n 131 to 144 140\n 145 to 157 115\n 158 to 173 92\n 174 to 192 75\n 193 to 212 62\n 213 to 235 50\n 236 to 260 41\n 261 to 285 34\n 286 to 310 28\n 311 to 345 23\n 346 to 380 19\n 381 to 425 15.5\n 426 to 480 13\n 481 to 540 11\n Greater than or equal to 541 10\n\n\n (c) The effective radiated power of FM booster stations shall be limited such that the predicted service\n contour of the booster station, computed in accordance with § 73.313 paragraphs (a) through (d) of this\n chapter, may not extend beyond the corresponding service contour of the primary FM station that the\n booster rebroadcasts. In no event shall the ERP of the booster station exceed 20% of the maximum\n allowable ERP for the primary station's class.\n\n\n47 CFR 74.1235(c) (enhanced display) page 146 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1235(d)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (d)\n\n (1) Translator or booster stations located within 125 kilometers of the Mexican border may not exceed\n an ERP of 50 watts (0.050 kW) in the direction of the Mexican border. Such stations also may not\n produce an interfering contour in excess of 32 km from the transmitter site in the direction of the\n Mexican border, nor may the 60 dBu service contour exceed 8.7 km from the transmitter site in the\n direction of the Mexican border.\n\n (2) Translator or booster stations located between 125 kilometers and 320 kilometers from the Mexican\n border may operate with an ERP in excess of 50 watts. However, in no event shall the location of the\n 60 dBu contour lie within 116.3 km of the Mexican border.\n\n (3) Applications for translator or booster stations within 320 km of the Canadian border may employ an\n ERP up to a maximum of 250 watts, as specified in § 74.1235(a) and (b). The distance to the 34 dBu\n interfering contour may not exceed 60 km in any direction.\n\n (e) In no event shall a station authorized under this subpart be operated with a transmitter power output\n (TPO) in excess of the transmitter certificated rating. A station authorized under this subpart for a TPO\n that is less than its transmitter certificated rating shall determine its TPO in accordance with § 73.267 of\n this chapter and its TPO shall not be more than 105 percent of the authorized TPO.\n\n (f) Composite antennas and antenna arrays may be used where the total ERP does not exceed the maximum\n determined in accordance with paragraphs (a), (b) or (c) of this section.\n\n (g) Either horizontal, vertical, circular or elliptical polarization may be used provided that the supplemental\n vertically polarized ERP required for circular or elliptical polarization does not exceed the ERP otherwise\n authorized. Either clockwise or counterclockwise rotation may be used. Separate transmitting antennas\n are permitted if both horizontal and vertical polarization is to be provided.\n\n (h) All applications must comply with § 73.316, paragraphs (d) and (e) of this chapter.\n\n (i) An application that specifies use of a directional antenna must comply with § 73.316, paragraphs (c)(1)\n through (c)(3) of this chapter. Prior to issuance of a license, the applicant must:\n\n (1) Certify that the antenna is mounted in accordance with the specific instructions provided by the\n antenna manufacturer; and\n\n (2) certify that the antenna is mounted in the proper orientation. In instances where a directional\n antenna is proposed for the purpose of providing protection to another facility, a condition may be\n included in the construction permit requiring that before program tests are authorized, a permittee:\n (1) Must submit the results of a complete proof-of-performance to establish the horizontal plane\n radiation patterns for both the horizontally and vertically polarized radiation components; and, (2)\n must certify that the relative field strength of neither the measured horizontally nor vertically\n polarized radiation component shall exceed at any azimuth the value indicated on the composite\n radiation pattern authorized by the construction permit.\n\n\n Note: Existing licensees and permittees that do not furnish data sufficient to calculate the\n contours in conformance with § 74.1204 will be assigned protected contours having the\n following radii:\n Up to 10 watts—1 mile (1.6 km) from transmitter site.\n\n\n\n47 CFR 74.1235(i)(2) (enhanced display) page 147 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1235(j)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n\n\n Up to 100 watts—2 miles (3.2 km) from transmitter site.\n\n Up to 250 watts—4 miles (6.5 km) from transmitter site.\n\n\n\n (j) FM translator stations authorized prior to June 1, 1991, with facilities that do not comply with the ERP\n limitation of paragraph (a) or (b) of this section, as appropriate, may continue to operate, provided that\n operation is in conformance with § 74.1203 regarding interference. Applications for major changes in FM\n translator stations must specify facilities that comply with paragraph (a) or (b) of this section, as\n appropriate.\n\n[55 FR 50697, Dec. 10, 1990, as amended at 56 FR 56170, Nov. 1, 1991; 58 FR 42026, Aug. 6, 1993; 62 FR 51063, Sept. 30, 1997;\n63 FR 33879, June 22, 1998; 63 FR 36605, July 7, 1998; 87 FR 15344, Mar. 18, 2022]\n\n\n§ 74.1236 Emission and bandwidth.\n (a) The license of a station authorized under this subpart allows the transmission of either F3 or other types\n of frequency modulation (see § 2.201 of this chapter) upon a showing of need, as long as the emission\n complies with the following:\n\n (1) For transmitter output powers no greater than 10 watts, paragraphs (b), (c), and (d) of this section\n apply.\n\n (2) For transmitter output powers greater than 10 watts, § 73.317 (a), (b), (c), and (d) apply.\n\n (b) Standard width FM channels will be assigned and the transmitting apparatus shall be operated so as to\n limit spurious emissions to the lowest practicable value. Any emissions including intermodulation\n products and radiofrequency harmonics which are not essential for the transmission of the desired aural\n information shall be considered to be spurious emissions.\n\n (c) The power of emissions appearing outside the assigned channel shall be attenuated below the total\n power of the emission as follows:\n\n Distance of emission from center frequency Minimum attenuation below unmodulated carrier\n 120 to 240 kHz 25 dB\n Over 240 and up to 600 kHz 35 dB\n Over 600 kHz 60 dB\n\n\n (d) Greater attenuation than that specified in paragraph (c) of this section may be required if interference\n results outside the assigned channel.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 52 FR 31406, Aug. 20, 1987; 55 FR 50698, Dec. 10, 1990]\n\n\n\n\n47 CFR 74.1236(d) (enhanced display) page 148 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1237\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1237 Antenna location.\n (a) An applicant for a new station to be authorized under this subpart or for a change in the facilities of such\n a station shall endeavor to select a site which will provide a line-of-sight transmission path to the entire\n area intended to be served and at which there is available a suitable signal from the primary station. The\n transmitting antenna should be placed above growing vegetation and trees lying in the direction of the\n area intended to be served, to minimize the possiblity of signal absorption by foliage.\n\n (b) Consideration should be given to accessibility of the site at all seasons of the year and to the availability\n of facilities for the maintenance and operation of the FM translator.\n\n (c) Consideration should be given to the existence of strong radiofrequency fields from other transmitters at\n the translator site and the possibility that such fields may result in the retransmission of signals\n originating on frequencies other than that of the primary station.\n\n (d) The transmitting antenna of an FM booster station shall be located within the protected contour of its\n primary station, subject to Note, § 74.1231 (h). The transmitting antenna of a commonly owned\n commercial FM translator station shall be located within the protected contour of its commercial primary\n FM station.\n\n (e) Where an FM translator or booster licensee or permittee proposes to mount its antenna on or near an AM\n tower, as defined in § 1.30002, the FM translator or booster licensee or permittee must comply with §\n 1.30003 or § 1.30002.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 55 FR 50698, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993; 62 FR 51063, Sept. 30, 1997;\n78 FR 66298, Nov. 5, 2013]\n\n\n§ 74.1250 Transmitters and associated equipment.\n (a) FM translator and booster transmitting apparatus, and exciters employed to provide a locally generated\n and modulated input signal to translator and booster equipment, used by stations authorized under the\n provisions of this subpart must be certified upon the request of any manufacturer of transmitters in\n accordance with this section and subpart J of part 2 of this chapter. In addition, FM translator and\n booster stations may use FM broadcast transmitting apparatus authorized via Supplier's Declaration of\n Conformity or approved under the provisions of part 73 of this chapter.\n\n\n Note 1 to paragraph (a): The Declaration of Conformity procedure has been replaced by Supplier's\n Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this\n chapter may remain in use. See § 2.950 of this chapter.\n\n (b) Transmitting antennas, antennas used to receive signals to be rebroadcast, and transmission lines are not\n subject to the requirement for certification.\n\n (c) The following requirements must be met before translator, booster or exciter equipment will be certified in\n accordance with this section:\n\n (1) Radio frequency harmonics and spurious emissions must conform with the specifications of §\n 74.1236 of this part.\n\n\n\n\n47 CFR 74.1250(c)(1) (enhanced display) page 149 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1250(c)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (2) The local oscillator or oscillators, including those in an exciter employed to provide a locally\n generated and modulated input signal to a translator or booster, when subjected to variations in\n ambient temperature between minus 30 degrees and plus 50 degrees centigrade, and in primary\n supply voltage between 85 percent and 115 percent of the rated value, shall be sufficiently stable to\n maintain the output center frequency within plus or minus 0.005 percent of the operating frequency\n and to enable conformance with the specifications of § 74.1261 of this part.\n\n (3) The apparatus shall contain automatic circuits to maintain the power output in conformance with §\n 74.1235(e) of this part. If provision is included for adjusting the power output, then the normal\n operating constants shall be specified for operation at both the rated power output and the minimum\n power output at which the apparatus is designed to operate. The apparatus shall be equipped with\n suitable meters or meter jacks so that the operating constants can be measured while the apparatus\n is in operation.\n\n (4) Apparatus rated for transmitter power output of more than 1 watt shall be equipped with automatic\n circuits to place it in a nonradiating condition when no input signal is being received in conformance\n with § 74.1263(b) of this part and to transmit the call sign in conformance with § 74.1283(c)(2) of\n this part.\n\n (5) For exciters, automatic means shall be provided for limiting the level of the audio frequency voltage\n applied to the modulator to ensure that a frequency swing in excess of 75 kHz will not occur under\n any condition of the modulation.\n\n[55 FR 50698, Dec. 10, 1990, as amended at 63 FR 36606, July 7, 1998; 82 FR 50836, Nov. 2, 2017]\n\n\n§ 74.1251 Technical and equipment modifications.\n (a) No change, either mechanical or electrical, except as provided in part 2 of this chapter, may be made in\n FM translator or booster apparatus which has been certificated by the Commission without prior authority\n of the Commission.\n\n (b) Formal application on FCC Form 349 is required of all permittees and licensees for any of the following\n changes:\n\n (1) Replacement of the transmitter as a whole, except replacement with a transmitter of identical power\n rating which has been certificated by the FCC for use by FM translator or FM booster stations, or any\n change which could result in the electrical characteristics or performance of the station. Upon the\n installation or modification of the transmitting equipment for which prior FCC authority is not\n required under the provisions of this paragraph, the licensee shall place in the station records a\n certification that the new installation complies in all respects with the technical requirements of this\n part and the terms of the station authorization.\n\n (2) A change in the transmitting antenna system, including the direction of radiation or directive antenna\n pattern.\n\n (3) Any change in the overall height of the antenna structure except where notice to the Federal Aviation\n Administration is specifically not required under § 17.14(b) of this chapter.\n\n (4) Any change in the location of the translator or booster except a move within the same building or\n upon the same pole or tower.\n\n (5) Any horizontal change in the location of the antenna structure which would\n\n47 CFR 74.1251(b)(5) (enhanced display) page 150 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1251(b)(5)(i)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n (i) be in excess of 152.4 meters (500 feet), or\n\n (ii) would require notice to the Federal Aviation Administration pursuant to § 17.7 of the FCC's\n rules.\n\n (6) Any change in the output frequency of a translator.\n\n (7) Any increase of authorized effective radiated power. FM translator and booster stations may\n decrease ERP on a modification of license application provided that exhibits are included to\n demonstrate that the following requirements are met:\n\n (i) The license application may not propose to eliminate the authorized horizontally polarized ERP,\n if a horizontally polarized ERP is currently authorized;\n\n (ii) The installed height of the antenna radiation center is not increased by more than two meters\n nor decreased by more than four meters from the authorized height for the antenna radiation\n center; and\n\n (iii) The station is not presently authorized with separate horizontal and vertical antennas mounted\n at different heights. Use of separate horizontal and vertical antennas requires a construction\n permit before implementation or changes.\n\n (8) Any change in area being served.\n\n (c) Changes in the primary FM station being retransmitted must be submitted to the FCC in writing.\n\n (d) Any application proposing a change in the height of the antenna structure or its location must also include\n the Antenna Structure Registration Number (FCC Form 854R) of the antenna structure upon which it\n proposes to locate its antenna. In the event the antenna structure does not have a Registration Number,\n either the antenna structure owner shall file FCC Form 854 (“Application for Antenna Structure\n Registration”) in accordance with part 17 of this chapter or the applicant shall provide a detailed\n explanation why registration and clearance are not required.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 26068, Apr. 17, 1980; 47 FR 24580, June 7, 1982; 50 FR 3525, Jan. 25, 1985; 50\nFR 23710, June 5, 1985; 55 FR 50698, Dec. 10, 1990; 61 FR 4368, Feb. 6, 1996; 63 FR 33879, June 22, 1998; 63 FR 36606, July 7,\n1998; 65 FR 79780, Dec. 20, 2000]\n\n\n§ 74.1261 Frequency tolerance.\n (a) The licensee of an FM translator or booster station with an authorized transmitter power output of 10\n watts or less shall maintain the center frequency at the output of the translator within 0.01 percent of its\n assigned frequency.\n\n (b) The licensee of an FM translator or booster station with an authorized transmitter power output greater\n than 10 watts shall maintain the center frequency at the output of the translator or booster station in\n compliance with the requirement of § 73.1545(b)(1) of this chapter.\n\n[55 FR 50699, Dec. 10, 1990]\n\n\n\n\n47 CFR 74.1261(b) (enhanced display) page 151 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1262\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1262 Frequency monitors and measurements.\n (a) The licensee of a station authorized under this subpart is not required to provide means for measuring the\n operating frequency of the transmitter. However, only equipment having the required stability will be\n approved for use by an FM translator or booster.\n\n (b) In the event that a station authorized under this subpart is found to be operating beyond the frequency\n tolerance prescribed in § 74.1261, the licensee shall promptly suspend operation of the station and shall\n not resume operation until the station has been restored to its assigned frequency. Adjustment of the\n frequency determining circuits of an FM translator or booster shall be made by a qualified person in\n accordance with § 74.1250(g).\n\n§ 74.1263 Time of operation.\n (a) The licensee of an FM translator or booster station is not required to adhere to any regular schedule of\n operation. However, the licensee of an FM translator or booster station is expected to provide a\n dependable service to the extent that such is within its control and to avoid unwarranted interruptions to\n the service provided.\n\n (b) An FM booster or FM Translator station rebroadcasting the signal of an AM, FM or LPFM primary station\n shall not be permitted to radiate during extended periods when signals of the primary station are not\n being retransmitted. Notwithstanding the foregoing, FM translators rebroadcasting Class D AM stations\n may continue to operate during nighttime hours only if the AM station has operated within the last 24\n hours.\n\n (c) The licensee of an FM translator or booster station must notify the Commission of its intent to\n discontinue operations for 30 or more consecutive days. Notification must be made within 10 days of the\n time the station first discontinues operation and Commission approval must be obtained for such\n discontinued operation to continue beyond 30 days. The notification shall specify the causes of the\n discontinued operation and a projected date for the station's return to operation, substantiated by\n supporting documentation. If the projected date for the station's return to operation cannot be met,\n another notification and further request for discontinued operations must be submitted in conformance\n with the requirements of this section. Within 48 hours of the station's return to operation, the licensee\n must notify the Commission of such fact. All notification must be in writing.\n\n (d) The licensee of an FM translator or booster station must notify the Commission of its intent to\n permanently discontinue operations at least two days before operation is discontinued. Immediately after\n discontinuance of operation, the licensee shall forward the station license and other instruments of\n authorization to the FCC, Washington, DC for cancellation.\n\n (e) Failure of an FM translator or booster station to operate for a period of 30 or more consecutive days,\n except for causes beyond the control of the licensee or authorized pursuant to paragraph (c) of this\n section, shall be deemed evidence of discontinuation of operation and the license of the station may be\n cancelled at the discretion of the Commission. Furthermore, the station's license will expire as a matter of\n law, without regard to any causes beyond control of the licensee or to any authorization pursuant to\n paragraph (c) of this section, if the station fails to transmit broadcast signals for any consecutive\n 12-month period, notwithstanding any provision, term, or condition of the license to the contrary.\n\n[55 FR 50699, Dec. 10, 1990, as amended at 61 FR 28768, June 6, 1996; 74 FR 45130, Sept. 1, 2009; 85 FR 35574, June 11, 2020;\n86 FR 37061, July 14, 2021]\n\n\n\n47 CFR 74.1263(e) (enhanced display) page 152 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1269\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n§ 74.1269 Familiarity with FCC rules.\nEach licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to\nstations authorized under this subpart. Copies of the Commission's Rules may be obtained from the Superintendent\nof Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or\nhttps://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.\n\n[83 FR 13683, Mar. 30, 2018]\n\n\n§ 74.1281 Station records.\n (a) The licensee of a station authorized under this Subpart shall maintain adequate station records, including\n the current instrument of authorization, official correspondence with the FCC, maintenance records,\n contracts, permission for rebroadcasts, and other pertinent documents.\n\n (b) Entries required by § 17.49 of this chapter concerning any observed or otherwise known extinguishment\n or improper functioning of a tower light:\n\n (1) The nature of such extinguishment or improper functioning.\n\n (2) The date and time the extinguishment of improper operation was observed or otherwise noted.\n\n (3) The date, time and nature of adjustments, repairs or replacements made.\n\n (c) The station records shall be maintained for inspection at a residence, office, or public building, place of\n business, or other suitable place, in one of the communities of license of the translator or booster, except\n that the station records of a booster or translator licensed to the licensee of the primary station may be\n kept at the same place where the primary station records are kept. The station records shall be made\n available upon request to any authorized representative of the Commission.\n\n (d) Station logs and records shall be retained for a period of two years.\n\n[48 FR 44807, Sept. 30, 1983, as amended at 84 FR 2759, Feb. 8, 2019]\n\n\n§ 74.1283 Station identification.\n (a) The call sign of an FM broadcast translator station will consist of the initial letter K or W followed by the\n channel number assigned to the translator and two letters. The use of the initial letter will generally\n conform to the pattern used in the broadcast service. The two letter combinations following the channel\n number will be assigned in order and requests for the assignment of particular combinations of letters\n will not be considered.\n\n (b) The call sign of an FM booster station or LPFM booster will consist of the call sign of the primary station\n followed by the letters “FM” or “LP” and the number of the booster station being authorized, e.g.,\n WFCCFM–1 or WFCCLP–1.\n\n (c) A translator station authorized under this subpart shall be identified by one of the following methods.\n\n (1) By arranging for the primary station whose station is being rebroadcast to identify the translator\n station by call sign and location. Three such identifications shall be made during each day: once\n between 7 a.m. and 9 a.m., once between 12:55 p.m. and 1:05 p.m. and once between 4 p.m. and 6\n p.m. Stations which do not begin their broadcast before 9 a.m. shall make their first identification at\n the beginning of their broadcast days. The licensee of an FM translator whose station identification\n\n47 CFR 74.1283(c)(1) (enhanced display) page 153 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1283(c)(2)\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n is made by the primary station must arrange for the primary station licensee to keep in its file, and to\n make available to FCC personnel, the translator's call letters and location, giving the name, address\n and telephone number of the licensee or his service representative to be contacted in the event of\n malfunction of the translator. It shall be the responsibility of the translator licensee to furnish current\n information to the primary station licensee for this purpose.\n\n (2) By transmitting the call sign in International Morse Code at least once each hour. Transmitters of FM\n broadcast translator stations of more than 1 watt transmitter output power must be equipped with\n an automatic keying device that will transmit the call sign at least once each hour, unless there is in\n effect a firm agreement with the translator's primary station as provided in § 74.1283(c)(1) of this\n section. Transmission of the call sign can be accomplished by:\n\n (i) Frequency shifting key; the carrier shift shall not be less than 5 kHz nor greater than 25 kHz.\n\n (ii) Amplitude modulation of the FM carrier of at least 30 percent modulation. The audio frequency\n tone use shall not be within 200 hertz of the Emergency Broadcast System Attention signal\n alerting frequencies.\n\n (d) FM broadcast booster stations shall be identified by their primary stations, by the broadcasting of the\n primary station's call signs and location, in accordance with the provisions of § 73.1201 of this chapter.\n\n (e) The Commission may, in its discretion, specify other methods of identification.\n\n[55 FR 50699, Dec. 10, 1990, as amended at 85 FR 35574, June 11, 2020]\n\n\n§ 74.1284 Rebroadcasts.\n (a) The term rebroadcast means the reception by radio of the programs or other signals of a radio station and\n the simultaneous retransmission of such programs or signals for direct reception by the general public.\n\n (b) The licensee of an FM translator shall not rebroadcast the programs of any AM or FM broadcast station or\n other FM translator without obtaining prior consent of the primary station whose programs are proposed\n to be retransmitted. The Commission shall be notified of the call letters of each station rebroadcast and\n the licensee of the FM translator shall certify that written consent has been received from the licensee of\n the station whose programs are retransmitted.\n\n (c) An FM translator is not authorized to rebroadcast the transmissions of any class of station other than an\n AM or FM broadcast station or another FM translator.\n\n[35 FR 15388, Oct. 2, 1970, as amended at 74 FR 45130, Sept. 1, 2009]\n\n\n§ 74.1290 [Reserved]\nAlphabetical Index—Part 74\n\n A\n Additional orders by FCC (All Services) 74.28\n Antenna, Directional (Aural STL/Relays) 74.536\n Antenna location—\n LPTV/TV Translator 74.737\n\n\n47 CFR 74.1290 (enhanced display) page 154 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n FM Translators/Boosters 74.1237\n Antenna structure, marking and lighting (All Services) 74.30\n Antenna structure, Use of common (All Services) 74.22\n Antenna systems (TV Auxiliaries) 74.641\n Antennas (ITFS) 74.937\n Application Processing—ITFS 74.911\n Application requirements of Part 73 applicable to ITFS 74.910\n Applications, Notification of filing (All Services) 74.12\n Assignment, Frequency—\n Experimental Broadcast Station 74.103\n Remote Pickup 74.402\n Aural broadcast auxiliary stations 74.502\n TV Auxiliaries 74.602\n LPTV/TV Translators 74.702\n ITFS 74.902\n FM Translators/Boosters 74.1202\n Authorization of equipment—\n Aural Auxiliary 74.550\n Remote Pickup 74.451\n TV Auxiliaries 74.655\n Lw Power Auxiliaries 74.851\n ITFS 74.952\n FM Translators/Boosters 74.1250\n Authorization, Temporary—\n Aural broadcast auxiliary stations 74.537\n Remote Pickup 74.433\n TV Auxiliaries 74.633\n Low Power Auxiliaries 74.833\n Authorized emission—\n Experimental Broadcast Station 74.133\n Remote Pickup 74.462\n Aural broadcast auxiliary stations 74.535\n TV Auxiliaries 74.637\n LPTV/TV Translators 74.736\n ITFS 74.936\n FM Translators/Boosters 74.1236\n Authorized frequencies (remote broadcast pickup) 74.402\n Automatic relay stations (Remote pickup) 74.436\n Avoidance of interference (TV Auxiliaries) 74.604\n BP='02'>\n Bandwidth and emissions authorized—\n\n\n47 CFR 74.1290 (enhanced display) page 155 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Remote Pickup 74.462\n Aural broadcast auxiliary stations 74.535\n LPTV/TV Translators 74.736\n IFTS 74.936\n FM Translators/Boosters 74.1236\n Boosters, Signal UHF translator 74.733\n Broadcast regulations applicable to LPTV, TV translators, and TV boosters 74.780\n Broadcasting emergency information (All services) 74.21\n C\n Changes of Equipment—\n Experimental Broadcast Stations 74.151\n Remote Pickup 74.452\n Aural broadcast auxiliary stations 74.551\n TV Auxiliaries 74.651\n ITFS 74.951\n Channel assignments (LPTV/TV Translator) 74.702\n Channels, Sound (TV Auxiliaries) 74.603\n Charges, Program Service, (Experimental Broadcast Stations) 74.182\n Classes of stations—\n Aural broadcast auxiliary stations 74.501\n TV Auxiliaries 74.601\n Construction permit, Statement of understanding, (Experimental Broadcast Stations) 74.112\n Copies of the rules—\n LPTV/TV Translators 74.769\n ITFS 74.969\n FM Translators/Boosters 74.1269\n Cross Reference (All Services) 74.5\n D\n Definitions—\n General 74.2\n Remote Pickup 74.401\n LPTV/TV translators 74.701\n Low Power Auxiliaries 74.801\n ITFS 74.901\n FM Translators/Boosters 74.1201\n Directional antenna required (Aural STL/Relays) 74.536\n E\n Emergency information Broadcasting (All Services) 74.21\n Emission authorized—\n Experimental Broadcast Stations 74.133\n Remote Pickup 74.462\n\n\n47 CFR 74.1290 (enhanced display) page 156 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Aural broadcast auxiliary stations 74.535\n TV Auxiliaries 74.637\n LPTV/TV Translators 74.736\n ITFS 74.936\n FM Translators/Boosters 74.1236\n Equipment and installation—\n FM Translators/Boosters 74.1250\n Equipment authorization—\n Aural broadcast auxiliary stations 74.550\n Remote Pickup 74.451\n TV Auxiliaries 74.655\n Low Power Auxiliaries 74.851\n ITFS 74.952\n FM Translators/Boosters 74.1250\n Equipment Changes—\n Experimental Broadcast Station 74.151\n Remote Pickup 74.452\n Aural broadcast auxiliary stations 74.551\n TV Auxiliaries 74.651\n LPTV/TV Translators 74.751\n Low Power Auxiliaries 74.852\n ITFS 74.951\n FM Translators/Boosters 74.1251\n Equipment, Notification of—\n Aural broadcast auxiliary stations 74.550\n TV Auxiliaries 74.655\n Equipment Performance—\n FM Tanslators/Boosters 74.1250\n Equipment tests (All Services) 74.13\n Experimental Broadcast station 74.101\n Experimental Broadcast Station, Uses of 74.102\n Extension of station licenses, Temporary (All Services) 74.16\n F\n Filing of applications, Notification of (All Services) 74.12\n Frequencies, Authorized (Remote broadcast pickup) 74.402\n Frequency assignment—\n Experimental Broadcast Stations 74.103\n Remote Pickup 74.402\n Aural broadcast auxiliary stations 74.502\n TV Auxiliary 74.602\n LPTV/TV Translators 74.702\n\n\n47 CFR 74.1290 (enhanced display) page 157 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Low Power Auxiliaries 74.802\n ITFS 74.902\n FM Translators/Boosters 74.1202\n Frequency monitors and measurements—\n Experimental Broadcast Stations 74.162\n Remote Pickup 74.465\n Aural broadcast auxiliary stations 74.562\n TV Auxiliaries 74.662\n LPTV/TV Translators 74.762\n ITFS 74.962\n FM Translators/Boosters 74.1262\n Frequency tolerance—\n Experimental Broadcast Stations 74.161\n Remote Pickup 74.464\n Aural broadcast auxiliary stations 74.561\n TV Auxiliaries 74.661\n LPTV/TV Translators 74.761\n ITFS 74.961\n FM Translator/Boosters 74.1261\n I\n Identification of station—\n Experimental Broadcast Stations 74.183\n Remote Pickup 74.482\n Aural broadcast auxiliary stations 74.582\n TV Auxiliaries 74.682\n LPTV/TV Translators 74.783\n Low Power Auxiliaries 74.882\n ITFS 74.982\n FM Translators/Boosters 74.1283\n Information on the Internet, FM translator and booster stations 74.1290\n Inspection of station by FCC (All Services) 74.3\n Interference—\n LPTV/TV Translators 74.703\n ITFS 74.903\n FM Translators/Boosters 74.1203\n Interference avoidance (TV Auxiliaries) 74.604\n Interference—safety of life and property (All Services) 74.23\n ITFS—\n Application processing 74.911\n Application requirements from part 73 74.910\n Interference 74.903\n\n\n47 CFR 74.1290 (enhanced display) page 158 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Petition to deny 74.912\n Purpose and permissible service 74.931\n Response station hubs 74.939\n Response stations (individually licensed) 74.940\n Response stations (ITFS; individually licensed) 74.949\n Signal booster stations 74.985\n Transmission standards 74.938\n Wireless cable use 74.990\n L\n Land mobile station protection (from LPTV) 74.709\n License period, Station (All Services) 74.15\n Licenses, Posting of—\n Experimental Broadcast Stations 74.165\n Remote pickup broadcast stations 74.432\n Aural broadcast auxiliary stations 74.564\n TV Auxiliaries 74.664\n LPTV/TV Translators 74.765\n Low power auxiliary stations 74.832\n ITFS 74.965\n FM Translators/Boosters 74.1265\n Licenses, station, Temporary extension (All Services) 74.16\n Licensing requirements—\n Experimental Broadcast Stations 74.131\n Remote Pickup 74.432\n Aural broadcast auxiliary stations 74.532\n TV Auxiliaries 74.632\n LPTV/TV Translators 74.732\n Low Power Auxiliaries 74.832\n ITFS 74.932\n FM Translators/Boosters 74.1232\n Lighting and Marking of antenna structures (All Services) 74.30\n Limitations on power—\n Experimental Broadcast Stations 74.132\n Remote Pickup 74.461\n Aural broadcast auxiliary stations 74.534\n TV Auxiliaries 74.636\n LPTV/TV Translators 74.735\n ITFS 74.935\n FM Translators/Boosters 74.1235\n LPTV, Broadcast rules applicable to 74.780\n M\n\n\n47 CFR 74.1290 (enhanced display) page 159 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Marking and lighting of antenna structures (All Services) 74.30\n Modification of transmission systems—\n LPTV/TV Translators 74.751\n ITFS 74.951\n FM Translators and Boosters 74.1251\n Modulation limits—\n TV Auxiliaries 74.663\n ITFS 74.970\n Modulation monitors and measurements (ITFS) 74.971\n Modulation requirements (Remote Pickup) 74.463\n Monitors and measurements, Frequency—\n Experimental Broadcast Stations 74.162\n Remote Pickup 74.465\n Aural broadcast auxiliary stations 74.562\n TV Auxiliaries 74.662\n LPTV/TV Translators 74.762\n ITFS 74.962\n FM Translators/Boosters 74.1262\n Multiple ownership—\n Experimental Broadcast Stations 74.134\n LPTV/TV Translator 74.732\n N\n Notification of filing of applications (All Services) 74.12\n O\n Operation, Remote control—\n Aural broadcast auxiliary stations 74.533\n TV Auxiliaries 74.634\n Operation, Short term (All Services) 74.24\n Operation, Time of—\n Experimental Broadcast Stations 74.163\n LPTV/TV Translator 74.763\n ITFS 74.963\n FM Translator/Boosters 74.1263\n Operation, Unattended (and/or attended)—\n Aural broadcast auxiliary stations 74.533\n TV Auxiliaries 74.635\n LPTV/TV Translators 74.734\n ITFS 74.934\n FM Translators/Boosters 74.1234\n Operator requirements, General (All Services) 74.18\n Orders, Additional (All Services) 73.28\n\n\n47 CFR 74.1290 (enhanced display) page 160 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Ownership, Multiple—\n Experimental Broadcast Stations 74.134\n LPTV/TV Translators 74.732\n P\n Permissible service—\n Aural broadcast auxiliary stations 74.531\n TV Auxiliaries 74.631\n LPTV/TV Translators 74.731\n Low Power Auxiliaries 74.831\n ITFS 74.931\n FM Translators/Boosters 74.1231\n Petitions to deny: ITFS 74.912\n Posting of licenses—\n Experimental Broadcast Stations 74.165\n Remote pickup broadcast stations 74.432\n Aural broadcast auxiliary stations 74.564\n TV Auxiliaries 74.664\n LPTV/TV Translators 74.765\n Low power auxiliary stations 74.832\n ITFS 74.965\n FM Translators/Boosters 74.1265\n Power limitations—\n Experimental Broadcast Stations 74.132\n Aural broadcast auxiliary stations 74.534\n TV Auxiliaries 74.636\n LPTV/TV Translators 74.735\n ITFS 74.935\n FM Translators/Boosters 74.1235\n Program or service tests (All Services) 74.14\n Program service, Charges (Experimental Broadcast Stations) 74.182\n Protection by LPTV—\n To broadcast stations 74.705\n To other LPTV and TV Translator stations 74.707\n To Land Mobile stations 74.709\n Purpose of service—\n LPTV/TV Translators 74.731\n ITFS 74.931\n FM Translators/Boosters 74.1231\n R\n Rebroadcasts—\n Experimental Broadcast Stations 74.184\n\n\n47 CFR 74.1290 (enhanced display) page 161 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n LPTV/TV Translators 74.784\n ITFS 74.984\n FM Translators/Boosters 74.1284\n Records, Station (Experimental Broadcast Stations) 74.181\n Regulations, Broadcast, applicable to LPTV and TV translators 74.780\n Relay stations, Automatic, (Remote Pickup) 74.436\n Remote pickup broadcast frequencies 74.402\n Remote control operation—\n Aural broadcast auxiliary stations 74.533\n TV Auxiliaries 74.634\n Remote pickup stations, Rules special to 74.431\n Renewal, Supplementary report (Experimental Broadcast Stations) 74.113\n Response station hubs (ITFS) 74.939\n Response stations (ITFS; individually licensed) 74.940\n Rules, Copies of—\n LPTV/TV Translators 74.769\n ITFS 74.969\n FM Translators/Boosters 74.1269\n Rules special to Remote Pickup stations 74.431\n S\n Safety of life and property-interference jeopardy (All services) 74.23\n Scope (of Subpart—General) 74.1\n Service or program tests (All Services) 74.14\n Service, Permissible—\n Aural broadcast auxiliary stations 74.531\n TV Auxiliaries 74.631\n LPTV/TV Translators 74.731\n Low Power Auxiliaries 74.831\n ITFS 74.931\n FM Translators/Boosters 74.1231\n Service, Scope of (Low Power Auxiliaries) 74.831\n Short term operation (All services) 74.24\n Signal boosters—\n UHF translator (LPTV/TV Translators) 74.733\n ITFS 74.985\n Sound channels (TV Auxiliaries) 74.603\n Statement of understanding (Construction permit-Experimental Broadcast Stations) 74.112\n Station identification—\n Experimental Broadcast Stations 74.183\n Remote Pickup 74.482\n Aural broadcast auxiliary stations 74.582\n\n\n47 CFR 74.1290 (enhanced display) page 162 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n TV Auxiliaries 74.682\n LPTV/TV Translators 74.783\n Low Power Auxiliaries 74.882\n ITFS 74.982\n FM Translators/Boosters 74.1283\n Station inspection by FCC (All Services) 74.3\n Station license period (All Services) 74.15\n Station records (Experimental Broadcast Stations) 74.181\n T\n Technical requirements (Low Power Auxiliaries) 74.861\n Temporary authorizations—\n Remote Pickup 74.433\n Aural broadcast auxiliary stations 74.537\n TV Auxiliaries 74.633\n Low Power Auxiliaries 74.833\n Temporary extension of stations licenses (All Services) 74.16\n Tests, Equipment (All Services) 74.13\n Tests, Service or program (All Services) 74.14\n Time of operation—\n Experimental Broadcast Stations 74.163\n LPTV/TV Translators 74.763\n ITFS 74.963\n FM Translators/Boosters 74.1263\n Tolerance, Frequency—\n Experimental Broadcast Stations 74.161\n Remote Pickup 74.464\n Aural broadcast auxiliary stations 74.561\n TV Auxiliaries 74.661\n LPTV/TV Translators 74.761\n ITFS 74.961\n FM Translator/Boosters 74.1261\n Translator signal boosters, UHF (LPTV/TV Translators) 74.733\n Translators, TV, Purpose of (LPTV/TV Translators) 74.731\n Transmission standards (ITFS) 74.938\n Transmission system facilities (LPTV/TV Translators) 74.750\n Transmission systems, modification of—\n LPTV/TV Translator 74.751\n ITFS 74.951\n FM Translators/Boosters 74.1251\n Transmissions, Permissible (Low Power Auxiliaries) 74.831\n Transmitter power (Remote Pickup) 74.461\n\n\n47 CFR 74.1290 (enhanced display) page 163 of 164\n\f47 CFR Part 74 (up to date as of 2/20/2024)\n 47 CFR 74.1290\nExperimental Radio, Auxiliary, Special Broadcast and Other Program...\n\n\n Transmitters and associated equipment (FM Translators/Boosters) 74.1250\n TV boosters, Broadcast rules applicable to (LPTV/TV Translators/TV Boosters 74.780\n TV Broadcast station protection (from LPTV/TV Translators) 74.705\n TV, Low Power and translators, protection to (LPTV/TV Translators) 74.707\n TV translators, Broadcast rules applicable to (LPTV/TV Translators) 74.780\n U\n UHF translator signal boosters (LPTV/TV Translators) 74.733\n Unattended operation—\n Aural broadcast auxiliary stations 74.531\n TV Auxiliaries 74.635\n LPTV/TV Translators 74.734\n ITFS 74.934\n FM Translators/Boosters 74.1234\n Use of common antenna structure (All services) 74.22\n V [Reserved]\n W\n Wireless cable usage of ITFS 74.990\n X-Z [Reserved]\n\n\n[50 FR 38535, Sept. 23, 1985, as amended at 51 FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR 47569, Dec. 15, 1987;\n63 FR 33879, June 22, 1998; 63 FR 65127, Nov. 25, 1998; 64 FR 63744, Nov. 22, 1999]\n\n\n\n\n47 CFR 74.1290 (enhanced display) page 164 of 164\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":23,"cells":{"Content":{"kind":"string","value":"47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR Part 43 (Feb. 20, 2024)\nReports of Communication Common Carriers, Providers of International...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 43 Reports of Communication Common Carriers, Providers of International\n Services and Certain Affiliates\n § 43.01 Applicability.\n § 43.21 Transactions with affiliates.\n § 43.41 [Reserved]\n § 43.43 Reports of proposed changes in depreciation rates.\n § 43.51 Contracts and concessions.\n § 43.62 [Reserved]\n § 43.72 [Reserved]\n § 43.82 Circuit capacity reports.\n\n\nPART 43—REPORTS OF COMMUNICATION COMMON CARRIERS,\nPROVIDERS OF INTERNATIONAL SERVICES AND CERTAIN\nAFFILIATES\nAuthority: 47 U.S.C. 35–39, 154, 211, 219, 220; sec. 402(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. 129.\n\nSource: 28 FR 13214, Dec. 5, 1963, unless otherwise noted.\n\n\n\n§ 43.01 Applicability.\n (a) The sections in this part include requirements which have been promulgated under authority of sections\n 211 and 219 of the Communications Act of 1934, as amended, with respect to the filing by\n communication common carriers and certain of their affiliates of periodic reports and certain other data,\n but do not include certain requirements relating to the filing of information with respect to specific\n services, accounting systems and other matters incorporated in other parts of this chapter.\n\n (b) Except as provided in paragraph (c) of this section, carriers becoming subject to the provisions of the\n several sections of this part for the first time, shall, within thirty (30) days of becoming subject, file the\n required data as set forth in the various sections of this part.\n\n (c) Carriers becoming subject to the provisions of §§ 43.21 and 43.43 for the first time, because their annual\n operating revenues equal or exceed the indexed revenue threshold for a given year, shall begin collecting\n data pursuant to such provisions in the calendar year following the publication of that indexed revenue\n threshold in the FEDERAL REGISTER. With respect to such initial filing of reports by any carrier, pursuant to\n\n\n\n47 CFR 43.01(c) (enhanced display) page 1 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.21\nReports of Communication Common Carriers, Providers of International...\n\n\n the provisions of § 43.21 (d), (e), (f), (g), (h), (i), (j), and (k), the carrier is to begin filing data for the\n calendar year following the publication of that indexed revenue threshold in the FEDERAL REGISTER by April\n 1 of the second calendar year following publication of that indexed revenue threshold in the FEDERAL\n REGISTER.\n\n[28 FR 13214, Dec. 5, 1963, as amended at 62 FR 39778, July 24, 1997; 65 FR 19685, Apr. 12, 2000; 78 FR 49149, Aug. 13, 2013;\n85 FR 838, Jan. 8, 2020]\n\n\n§ 43.21 Transactions with affiliates.\n (a) Communication common carriers having annual operating revenues in excess of the indexed revenue\n threshold, as defined in § 32.9000, and certain companies (as indicated in paragraph (b) of this section)\n directly or indirectly controlling such carriers shall file with the Commission annual reports or an annual\n letter as provided in this section. Except as provided in paragraph (b) of this section, each annual report\n required by this section shall be filed no later than April 1 of each year, covering the preceding calendar\n year. It shall be filed on the appropriate report form prescribed by the Commission (see § 1.785 of this\n chapter) and shall contain full and specific answers to all questions propounded and information\n requested in the currently effective report forms. The number of copies to be filed shall be specified in the\n applicable report form. At least one copy of this report shall be signed on the signature page by the\n responsible accounting officer. A copy of each annual report shall be as retained in the principal office of\n the respondent and shall be filed in such manner to be readily available for reference and inspection.\n\n (b) Each company, not itself a communication common carrier, that directly or indirectly controls any\n communication common carrier that has annual operating revenues equal to or above the indexed\n revenue threshold, as defined in § 32.9000, shall file annually with the Commission, not later than the date\n prescribed by the Securities and Exchange Commission for its purposes, two complete copies of any\n annual report Forms 10–K (or any superseding form) filed with that Commission.\n\n (c) Each miscellaneous common carrier (as defined by § 21.2 of this chapter) with operating revenues for a\n calendar year in excess of the indexed revenue threshold, as defined in § 32.9000, shall file with the\n Common Carrier Bureau Chief a letter showing its operating revenues for that year and the value of its\n total communications plant at the end of that year. This letter must be filed no later than April 1 of the\n following year. Those miscellaneous common carriers with annual operating revenues that equal or\n surpass the indexed revenue threshold for the first time may file the letter up to one month after\n publication of the adjusted revenue threshold in the FEDERAL REGISTER, but in no event shall such carriers\n be required to file the letter prior to April 1.\n\n (d) Each communications common carrier required by order to file a manual allocating its costs between\n regulated and nonregulated operations shall file, on or before April 1:\n\n (1) A three-year forecast of regulated and nonregulated use of network plant for the current calendar\n year and the two calendar years following, and investment pool projections and allocations for the\n current calendar year; and\n\n (2) A report of the actual use of network plant investment for the prior calendar year.\n\n (e) Each incumbent local exchange carrier, except mid-sized incumbent local exchange carriers, as defined by\n § 32.9000 with annual operating revenues equal to or above the indexed revenue threshold shall file, no\n later than April 1 of each year:\n\n\n\n\n47 CFR 43.21(e) (enhanced display) page 2 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.21(e)(1)\nReports of Communication Common Carriers, Providers of International...\n\n\n (1) Its revenues, expenses and investment for all accounts established in part 32 of this chapter, on an\n operating company basis,\n\n (2) The same part 32 of this chapter, on a study area basis, with data for regulated and nonregulated\n operations for those accounts which are related to the carrier's revenue requirement, and\n\n (3) The separations categories on a study area basis, with each category further divided into access\n elements and a nonaccess interstate category.\n\n (f) Each incumbent local exchange carrier with operating revenues for the preceding year that equal or\n exceed the indexed revenue threshold shall file, no later than April 1 of each year, a report showing for the\n previous calendar year its revenues, expenses, taxes, plant in service, other investment and depreciation\n reserves, and other such data as are required by the Commission, on computer media prescribed by the\n Commission. The total operating results shall be allocated between regulated and nonregulated\n operations, and the regulated data shall be further divided into the following categories: State and\n interstate, and the interstate will be further divided into common line, traffic sensitive access, special\n access, and nonaccess.\n\n (g) Each incumbent local exchange carrier for whom price cap regulation is mandatory and every incumbent\n local exchange carrier that elects to be covered by the price cap rules shall file, by April 1 of each year, a\n report designed to capture trends in service quality under price cap regulation. The report shall contain\n data relative to network measures of service quality, as defined by the Wireline Competition Bureau, from\n the previous calendar year on a study area basis.\n\n (h) Each incumbent local exchange carrier for whom price cap regulation is mandatory shall file, by April 1 of\n each year, a report designed to capture trends in service quality under price cap regulation. The report\n shall contain data relative to customer measures of service quality, as defined by the Wireline Competition\n Bureau, from the previous calendar year a study area basis.\n\n (i) Each incumbent local exchange carrier for whom price regulation is mandatory shall file, by April 1 of each\n year, a report containing data from the previous calendar year on a study area basis that are designed to\n capture trends in telephone industry infrastructure development under price cap regulation.\n\n (j) Each incumbent local exchange carrier with annual operating revenues that equal or exceed the indexed\n revenue threshold shall file, no later than April 1 of each year, a report containing data from the previous\n calendar year on an operating company basis. Such report shall combine statistical data designed to\n monitor network growth, usage, and reliability.\n\n (k) Each designated interstate carrier with operating revenues for the preceding year that equal or exceed the\n indexed revenue threshold shall file, no later than April 1 of each year, a report showing for the previous\n calendar year its revenues, expenses, taxes, plant in service, other investments and depreciation reserves,\n and such other data as are required by the Commission, on computer media prescribed by the\n Commission. The total operating results shall be allocated between regulated and nonregulated\n operations, and the regulated data shall be further divided into the following categories: State and\n interstate, and the interstate will be further divided into common line, traffic sensitive access, special\n access, and nonaccess.\n\n[28 FR 13214, Dec. 5, 1963, as amended at 49 FR 10122, Mar. 19, 1984; 50 FR 41153, Oct. 9, 1985; 51 FR 37024, Oct. 17, 1986; 52\nFR 35918, Sept. 24, 1987; 58 FR 36143, July 6, 1993; 61 FR 50245, Sept. 25, 1996; 62 FR 39778, July 24, 1997; 67 FR 5700, Feb. 6,\n2002; 67 FR 13225, Mar. 21, 2002]\n\n\n§ 43.41 [Reserved]\n47 CFR 43.41 (enhanced display) page 3 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.43\nReports of Communication Common Carriers, Providers of International...\n\n\n§ 43.43 Reports of proposed changes in depreciation rates.\n (a) Each communication common carrier with annual operating expenses that equal or exceed the indexed\n revenue threshold, as defined in § 32.9000, and that has been found by this Commission to be a dominant\n carrier with respect to any communications service shall, before making any changes in the depreciation\n rates applicable to its operated plant, file with the Commission a report furnishing the data described in\n the subsequent paragraphs of this section, and also comply with the other requirements thereof.\n\n (b) Each such report shall contain the following:\n\n (1) A schedule showing for each class and subclass of plant (whether or not the depreciation rate is\n proposed to be changed) an appropriate designation therefor, the depreciation rate currently in\n effect, the proposed rate, and the service-life and net-salvage estimates underlying both the current\n and proposed depreciation rates;\n\n (2) An additional schedule showing for each class and subclass, as well as the totals for all depreciable\n plant,\n\n (i) the book cost of plant at the most recent date available,\n\n (ii) the estimated amount of depreciation accruals determined by applying the currently effective\n rate to the amount of such book cost,\n\n (iii) the estimated amount of depreciation accruals determined by applying the rate proposed to be\n used to the amount of such book cost, and\n\n (iv) the difference between the amounts determined in paragraphs (b)(2) (ii) and (iii) of this section;\n\n (3) A statement giving the reasons for the proposed change in each rate;\n\n (4) A statement describing the method or methods employed in the development of the service-life and\n salvage estimates underlying each proposed change in a depreciation rate; and\n\n (5) The date as of which the revised rates are proposed to be made effective in the accounts.\n\n (c) Except as specified in paragraphs (c)(1) and (c)(3) of this section, when the change in the depreciation\n rate proposed for any class or subclass of plant (other than one occasioned solely by a shift in the relative\n investment in the several subclasses of the class of plant) amounts to twenty percent (20%) or more of\n the rate currently applied thereto, or when the proposed change will produce an increase or decrease of\n one percent (1%) or more of the aggregate depreciation charges for all depreciable plant (based on the\n amounts determined in compliance with paragraph (b)(2) of this section) the carrier shall supplement the\n data required by paragraph (b) of this section) with copies of the underlying studies, including\n calculations and charts, developed by the carrier to support service-life and net-salvage estimates. If a\n carrier must submit data of a repetitive nature to comply with this requirement, the carrier need only\n submit a fully illustrative portion thereof.\n\n (1) A Local Exchange Carrier regulated under price caps, pursuant to §§ 61.41 through 61.49 of this\n chapter, is not required to submit the supplemental information described in paragraph (c)\n introductory text of this section for a specific account if: The carrier's currently prescribed\n depreciation rate for the specific accounts derived from basic factors that fall within the basic factor\n ranges established for that same account; and the carrier's proposed depreciation rate for the\n specific account would also be derived from basic factors that fall within the basic factor ranges for\n the same account.\n\n\n47 CFR 43.43(c)(1) (enhanced display) page 4 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.43(c)(2)\nReports of Communication Common Carriers, Providers of International...\n\n\n (2) Local Exchange Carriers that are regulated under price caps, pursuant to §§ 61.41 through 61.49 of\n this chapter, and have selected basic factors that fall within the basic factor ranges for all accounts\n are exempt from paragraphs (b)(3), (b)(4), and (c) introductory text of this section. They shall instead\n comply with paragraphs (b)(1), (b)(2) and (b)(5) of this section and provide a book and theoretical\n reserve summary and a summary of basic factors underlying proposed rates by account.\n\n (3) Interexchange carriers regulated under price caps, pursuant to §§ 61.41 through 61.49 of this\n chapter, are exempted from submitting the supplemental information as described in paragraph (c)\n introductory text of this section. They shall instead submit: Generation data, a summary of basic\n factors underlying proposed depreciation rates by account and a short narrative supporting those\n basic factors, including company plans of forecasted retirements and additions, recent annual\n retirements, salvage and cost of removal.\n\n (d) Each report shall be filed in duplicate and the original shall be signed by the responsible official to whom\n correspondence related thereto should be addressed.\n\n (e) Unless otherwise directed or approved by the Commission, the following shall be observed: Proposed\n changes in depreciation rates shall be filed at least ninety (90) days prior to the last day of the month with\n respect to which the revised rates are first to be applied in the accounts (e.g., if the new rates are to be\n first applied in the depreciation accounts for September, they must be filed on or before July 1). Such\n rates may be made retroactive to a date not prior to the beginning of the year in which the filing is made:\n Provided however, that in no event shall a carrier for which the Commission has prescribed depreciation\n rates make any changes in such rates unless the changes are prescribed by the Commission. Carriers\n who select basic factors that fall within the basic factor ranges for all accounts are exempt from\n depreciation rate prescription by the Commission.\n\n (f) Any changes in depreciation rates that are made under the provisions of paragraph (e) of this section shall\n not be construed as having been approved by the Commission unless the carrier has been specifically so\n informed.\n\n[28 FR 13214, Dec. 5, 1963, as amended at 30 FR 3223, Mar. 9, 1965; 53 FR 49987, Dec. 13, 1988; 58 FR 58790, Nov. 4, 1993; 61\nFR 50246, Sept. 25, 1996; 62 FR 39779, July 24, 1997; 65 FR 18931, Apr. 10, 2000]\n\n\n§ 43.51 Contracts and concessions.\n (a)\n\n (1) Any communication common carrier described in paragraph (b) of this section must file with the\n Commission, within thirty (30) days of execution, a copy of each contract, agreement, concession,\n license, authorization, operating agreement or other arrangement to which it is a party and\n amendments thereto (collectively hereinafter referred to as “agreement” for purposes of this rule)\n with respect to the following:\n\n (i) The exchange of services; and,\n\n (ii) The interchange or routing of traffic and matters concerning rates, accounting rates, division of\n tolls, or the basis of settlement of traffic balances, except as provided in paragraph (c) of this\n section.\n\n (2) If the contract, agreement, concession, license, authorization, operating agreement or other\n arrangement and amendments thereto is made other than in writing, a certified statement covering\n all details thereof must be filed by at least one of the parties to the agreement. Each other party to\n\n47 CFR 43.51(a)(2) (enhanced display) page 5 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.51(b)\nReports of Communication Common Carriers, Providers of International...\n\n\n the agreement which is also subject to these provisions may, in lieu of also filing a copy of the\n agreement, file a certified statement referencing the filed document. The Commission may, at any\n time and upon reasonable request, require any communication common carrier not subject to the\n provisions of this section to submit the documents referenced in this section.\n\n (b) The following communication common carriers must comply with the requirements of paragraph (a) of\n this section:\n\n (1) A carrier that is engaged in domestic communications and has not been classified as non-dominant\n pursuant to § 61.3 of this Chapter; or\n\n (2) A carrier that is engaged in foreign communications and that has been classified as dominant for\n any service on any of the U.S.-international routes included in the contract, except for a carrier\n classified as dominant on a particular route due only to a foreign carrier affiliation under § 63.10 of\n this chapter.\n\n (c) With respect to contracts coming within the scope of paragraph (a)(1)(ii) of this section between subject\n telephone carriers and connecting carriers, except those contracts related to communications with\n foreign or overseas points, such documents shall not be filed with the Commission; but each subject\n telephone carrier shall maintain a copy of such contracts to which it is a party in appropriate files at a\n central location upon its premises, copies of which shall be readily accessible to Commission staff and\n members of the public upon reasonable request therefor; and upon request by the Commission, a subject\n telephone carrier shall promptly forward individual contracts to the Commission.\n\n (d) Any U.S. carrier, other than a provider of commercial mobile radio services, that is engaged in foreign\n communications, and enters into an agreement with a foreign carrier, is subject to the Commission's\n authority to require the U.S. carrier providing service on any U.S.-international routes to file, on an as-\n needed basis, a copy of each agreement to which it is a party.\n\n\n Note 1 to § 43.51: For purposes of this section, affiliated and foreign carrier are defined in § 63.09\n of this chapter.\n\n\n Note 2 to § 43.51: To the extent that a foreign government provides telecommunications services\n directly through a governmental organization, body or agency, it shall be treated as a foreign\n carrier for the purposes of this section.\n\n\n[66 FR 16879, Mar. 28, 2001, as amended at 69 FR 23153, Apr. 28, 2004; 78 FR 11112, Feb. 15, 2013]\n\n\n§ 43.62 [Reserved]\n§ 43.72 [Reserved]\n§ 43.82 Circuit capacity reports.\n (a) International submarine cable capacity. Not later than March 31 of each year:\n\n\n\n\n47 CFR 43.82(a) (enhanced display) page 6 of 7\n\f47 CFR Part 43 (up to date as of 2/20/2024)\n 47 CFR 43.82(a)(1)\nReports of Communication Common Carriers, Providers of International...\n\n\n (1) The licensee(s) of a submarine cable between the United States and any foreign point shall file a\n report showing the capacity of the submarine cable as of December 31 of the preceding calendar\n year. The licensee(s) shall also file a report showing the planned capacity of the submarine cable\n (the intended capacity of the submarine cable two years from December 31 of the preceding\n calendar year).\n\n (2) Each cable landing licensee and common carrier shall file a report showing its capacity on\n submarine cables between the United States and any foreign point as of December 31 of the\n preceding calendar year.\n\n\n Note to paragraph (a): United States is defined in Section 3 of the Communications Act of\n 1934, as amended, 47 U.S.C. 153.\n\n (b) Registration Form. A Registration Form, containing information about the filer, such as address, phone\n number, email address, etc., shall be filed with each report. The Registration Form shall include a\n certification enabling the filer to check a box to indicate that the filer requests that its circuit capacity data\n be treated as confidential consistent with Section 0.459(a)(4) of the Commission's rules.\n\n (c) Filing Manual. Authority is delegated to the Chief of the Office of International Affairs to prepare\n instructions and reporting requirements for the filing of these reports prepared and published as a Filing\n Manual. The information required under this Section shall be filed electronically in conformance with the\n instructions and reporting requirements in the Filing Manual.\n\n[82 FR 55331, Nov. 21, 2017, as amended at 88 FR 21442, Apr. 10, 2023]\n\n\n\n\n47 CFR 43.82(c) (enhanced display) page 7 of 7\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":24,"cells":{"Content":{"kind":"string","value":"47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR Part 97 (Feb. 20, 2024)\nAmateur Radio Service\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter D —Safety and Special Radio Services\n\nPart 97 Amateur Radio Service\n Subpart A General Provisions\n § 97.1 Basis and purpose.\n § 97.3 Definitions.\n § 97.5 Station license required.\n § 97.7 Control operator required.\n § 97.9 Operator license grant.\n § 97.11 Stations aboard ships or aircraft.\n § 97.13 Restrictions on station location.\n § 97.15 Station antenna structures.\n § 97.17 Application for new license grant.\n § 97.19 Application for a vanity call sign.\n § 97.21 Application for a modified or renewed license grant.\n § 97.23 Mailing and email addresses.\n § 97.25 License term.\n § 97.27 FCC modification of station license grant.\n § 97.29 Replacement license grant document.\n § 97.31 Cancellation on account of the licensee's death.\n Subpart B Station Operation Standards\n § 97.101 General standards.\n § 97.103 Station licensee responsibilities.\n § 97.105 Control operator duties.\n § 97.107 Reciprocal operating authority.\n § 97.109 Station control.\n § 97.111 Authorized transmissions.\n § 97.113 Prohibited transmissions.\n § 97.115 Third party communications.\n § 97.117 International communications.\n § 97.119 Station identification.\n § 97.121 Restricted operation.\n Subpart C Special Operations\n § 97.201 Auxiliary station.\n § 97.203 Beacon station.\n\n47 CFR Part 97 (Feb. 20, 2024) (enhanced display) page 1 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR Part 97 (Feb. 20, 2024)\nAmateur Radio Service\n\n\n § 97.205 Repeater station.\n § 97.207 Space station.\n § 97.209 Earth station.\n § 97.211 Space telecommand station.\n § 97.213 Telecommand of an amateur station.\n § 97.215 Telecommand of model craft.\n § 97.217 Telemetry.\n § 97.219 Message forwarding system.\n § 97.221 Automatically controlled digital station.\n Subpart D Technical Standards\n § 97.301 Authorized frequency bands.\n § 97.303 Frequency sharing requirements.\n § 97.305 Authorized emission types.\n § 97.307 Emission standards.\n § 97.309 RTTY and data emission codes.\n § 97.311 SS emission types.\n § 97.313 Transmitter power standards.\n § 97.315 Certification of external RF power amplifiers.\n § 97.317 Standards for certification of external RF power amplifiers.\n Subpart E Providing Emergency Communications\n § 97.401 Operation during a disaster.\n § 97.403 Safety of life and protection of property.\n § 97.405 Station in distress.\n § 97.407 Radio amateur civil emergency service.\n Subpart F Qualifying Examination Systems\n § 97.501 Qualifying for an amateur operator license.\n § 97.503 Element standards.\n § 97.505 Element credit.\n § 97.507 Preparing an examination.\n § 97.509 Administering VE requirements.\n § 97.511 Examinee conduct.\n § 97.513 VE session manager requirements.\n §§ 97.515-97.517 [Reserved]\n § 97.519 Coordinating examination sessions.\n § 97.521 VEC qualifications.\n § 97.523 Question pools.\n § 97.525 Accrediting VEs.\n § 97.527 Reimbursement for expenses.\n Appendix 1 to Part 97\n47 CFR Part 97 (Feb. 20, 2024) (enhanced display) page 2 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR Part 97 (Feb. 20, 2024)\nAmateur Radio Service\n\n\n Places Where the Amateur Service is Regulated by the FCC\n Appendix 2 to Part 97\n VEC Regions\n\n\nPART 97—AMATEUR RADIO SERVICE\nAuthority: 47 U.S.C. 151–155, 301–609, unless otherwise noted.\n\nSource: 54 FR 25857, June 20, 1989, unless otherwise noted.\n\nEditorial Note: Nomenclature changes to part 97 appear at 63 FR 54077, Oct. 8, 1998.\n\nSubpart A—General Provisions\n§ 97.1 Basis and purpose.\nThe rules and regulations in this part are designed to provide an amateur radio service having a fundamental\npurpose as expressed in the following principles:\n\n (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary\n noncommercial communication service, particularly with respect to providing emergency\n communications.\n\n (b) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio\n art.\n\n (c) Encouragement and improvement of the amateur service through rules which provide for advancing skills\n in both the communication and technical phases of the art.\n\n (d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and\n electronics experts.\n\n (e) Continuation and extension of the amateur's unique ability to enhance international goodwill.\n\n§ 97.3 Definitions.\n (a) The definitions of terms used in part 97 are:\n\n (1) Amateur operator. A person named in an amateur operator/primary license station grant on the ULS\n consolidated licensee database to be the control operator of an amateur station.\n\n (2) Amateur radio services. The amateur service, the amateur-satellite service and the radio amateur\n civil emergency service.\n\n (4) Amateur service. A radiocommunication service for the purpose of self-training, intercommunication\n and technical investigations carried out by amateurs, that is, duly authorized persons interested in\n radio technique solely with a personal aim and without pecuniary interest.\n\n (5) Amateur station. A station in an amateur radio service consisting of the apparatus necessary for\n carrying on radiocommunications.\n\n\n47 CFR 97.3(a)(5) (enhanced display) page 3 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.3(a)(6)\nAmateur Radio Service\n\n\n (6) Automatic control. The use of devices and procedures for control of a station when it is transmitting\n so that compliance with the FCC Rules is achieved without the control operator being present at a\n control point.\n\n (7) Auxiliary station. An amateur station, other than in a message forwarding system, that is transmitting\n communications point-to-point within a system of cooperating amateur stations.\n\n (8) Bandwidth. The width of a frequency band outside of which the mean power of the transmitted\n signal is attenuated at least 26 dB below the mean power of the transmitted signal within the band.\n\n (9) Beacon. An amateur station transmitting communications for the purposes of observation of\n propagation and reception or other related experimental activities.\n\n (10) Broadcasting. Transmissions intended for reception by the general public, either direct or relayed.\n\n (11) Call sign system. The method used to select a call sign for amateur station over-the-air identification\n purposes. The call sign systems are:\n\n (i) Sequential call sign system. The call sign is selected by the FCC from an alphabetized list\n corresponding to the geographic region of the licensee's mailing address and operator class.\n The call sign is shown on the license. The FCC will issue public announcements detailing the\n procedures of the sequential call sign system.\n\n (ii) Vanity call sign system. The call sign is selected by the FCC from a list of call signs requested\n by the licensee. The call sign is shown on the license. The FCC will issue public announcements\n detailing the procedures of the vanity call sign system.\n\n (iii) Special event call sign system. The call sign is selected by the station licensee from a list of call\n signs shown on a common data base coordinated, maintained and disseminated by the\n amateur station special event call sign data base coordinators. The call sign must have the\n single letter prefix K, N or W, followed by a single numeral 0 through 9, followed by a single\n letter A through W or Y or Z (for example K1A). The special event call sign is substituted for the\n call sign shown on the station license grant while the station is transmitting. The FCC will issue\n public announcements detailing the procedures of the special event call sign system.\n\n (12) CEPT radio amateur license. A license issued by a country belonging to the European Conference of\n Postal and Telecommunications Administrations (CEPT) that has adopted Recommendation T/R\n 61–01 (Nice 1985, Paris 1992, Nicosia 2003).\n\n (13) Control operator. An amateur operator designated by the licensee of a station to be responsible for\n the transmissions from that station to assure compliance with the FCC Rules.\n\n (14) Control point. The location at which the control operator function is performed.\n\n (15) CSCE. Certificate of successful completion of an examination.\n\n (16) Earth station. An amateur station located on, or within 50 km of, the Earth's surface intended for\n communications with space stations or with other Earth stations by means of one or more other\n objects in space.\n\n (17) [Reserved]\n\n (18) External RF power amplifier. A device capable of increasing power output when used in conjunction\n with, but not an integral part of, a transmitter.\n\n\n47 CFR 97.3(a)(18) (enhanced display) page 4 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.3(a)(19)\nAmateur Radio Service\n\n\n (19) [Reserved]\n\n (20) FAA. Federal Aviation Administration.\n\n (21) FCC. Federal Communications Commission.\n\n (22) Frequency coordinator. An entity, recognized in a local or regional area by amateur operators whose\n stations are eligible to be auxiliary or repeater stations, that recommends transmit/receive channels\n and associated operating and technical parameters for such stations in order to avoid or minimize\n potential interference.\n\n (23) Harmful interference. Interference which endangers the functioning of a radionavigation service or of\n other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication\n service operating in accordance with the Radio Regulations.\n\n (24) IARP (International Amateur Radio Permit). A document issued pursuant to the terms of the Inter-\n American Convention on an International Amateur Radio Permit by a country signatory to that\n Convention, other than the United States. Montrouis, Haiti. AG/doc.3216/95.\n\n (25) Indicator. Words, letters or numerals appended to and separated from the call sign during the station\n identification.\n\n (26) Information bulletin. A message directed only to amateur operators consisting solely of subject\n matter of direct interest to the amateur service.\n\n (27) In-law. A parent, stepparent, sibling, or step-sibling of a licensee's spouse; the spouse of a licensee's\n sibling, step-sibling, child, or stepchild; or the spouse of a licensee's spouse's sibling or step-sibling.\n\n (28) International Morse code. A dot-dash code as defined in ITU–T Recommendation F.1 (March, 1998),\n Division B, I. Morse code.\n\n (29) ITU. International Telecommunication Union.\n\n (30) Line A. Begins at Aberdeen, WA, running by great circle arc to the intersection of 48° N, 120° W,\n thence along parallel 48° N, to the intersection of 95° W, thence by great circle arc through the\n southernmost point of Duluth, MN, thence by great circle arc to 45° N, 85° W, thence southward\n along meridian 85° W, to its intersection with parallel 41° N, thence along parallel 41° N, to its\n intersection with meridian 82° W, thence by great circle arc through the southernmost point of\n Bangor, ME, thence by great circle arc through the southernmost point of Searsport, ME, at which\n point it terminates.\n\n (31) Local control. The use of a control operator who directly manipulates the operating adjustments in\n the station to achieve compliance with the FCC Rules.\n\n (32) Message forwarding system. A group of amateur stations participating in a voluntary, cooperative,\n interactive arrangement where communications are sent from the control operator of an originating\n station to the control operator of one or more destination stations by one or more forwarding\n stations.\n\n (33) National Radio Quiet Zone. The area in Maryland, Virginia and West Virginia Bounded by 39°15′ N on\n the north, 78°30′ W on the east, 37°30′ N on the south and 80°30′ W on the west.\n\n (34) Physician. For the purpose of this part, a person who is licensed to practice in a place where the\n amateur service is regulated by the FCC, as either a Doctor of Medicine (M.D.) or a Doctor of\n Osteopathy (D.O.)\n\n47 CFR 97.3(a)(34) (enhanced display) page 5 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.3(a)(35)\nAmateur Radio Service\n\n\n (35) Question pool. All current examination questions for a designated written examination element.\n\n (36) Question set. A series of examination questions on a given examination selected from the question\n pool.\n\n (37) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party.\n\n (38) RACES (radio amateur civil emergency service). A radio service using amateur stations for civil\n defense communications during periods of local, regional or national civil emergencies.\n\n (39) Remote control. The use of a control operator who indirectly manipulates the operating adjustments\n in the station through a control link to achieve compliance with the FCC Rules.\n\n (40) Repeater. An amateur station that simultaneously retransmits the transmission of another amateur\n station on a different channel or channels.\n\n (41) Space station. An amateur station located more than 50 km above the Earth's surface.\n\n (42) Space telemetry. A one-way transmission from a space station of measurements made from the\n measuring instruments in a spacecraft, including those relating to the functioning of the spacecraft.\n\n (43) Spurious emission. An emission, or frequencies outside the necessary bandwidth of a transmission,\n the level of which may be reduced without affecting the information being transmitted.\n\n (44) Telecommand. A one-way transmission to initiate, modify, or terminate functions of a device at a\n distance.\n\n (45) Telecommand station. An amateur station that transmits communications to initiate, modify or\n terminate functions of a space station.\n\n (46) Telemetry. A one-way transmission of measurements at a distance from the measuring instrument.\n\n (47) Third party communications. A message from the control operator (first party) of an amateur station\n to another amateur station control operator (second party) on behalf of another person (third party).\n\n (48) ULS (Universal Licensing System). The consolidated database, application filing system and\n processing system for all Wireless Telecommunications Services.\n\n (49) VE. Volunteer examiner.\n\n (50) VEC. Volunteer-examiner coordinator.\n\n (b) The definitions of technical symbols used in this part are:\n\n (1) EHF (extremely high frequency). The frequency range 30–300 GHz.\n\n (2) EIRP (equivalent isotropically radiated power). The product of the power supplied to the antenna and\n the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain).\n\n\n Note: Divide EIRP by 1.64 to convert to effective radiated power.\n\n (3) ERP (effective radiated power) (in a given direction). The product of the power supplied to the\n antenna and its gain relative to a half-wave dipole in a given direction.\n\n\n Note: Multiply ERP by 1.64 to convert to equivalent isotropically radiated power.\n\n\n47 CFR 97.3(b)(3) (enhanced display) page 6 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.3(b)(4)\nAmateur Radio Service\n\n\n (4) HF (high frequency). The frequency range 3–30 MHz.\n\n (5) Hz. Hertz.\n\n (6) LF (low frequency). The frequency range 30–300 kHz.\n\n (7) m. Meters.\n\n (8) MF (medium frequency). The frequency range 300–3000 kHz.\n\n (9) PEP (peak envelope power). The average power supplied to the antenna transmission line by a\n transmitter during one RF cycle at the crest of the modulation envelope taken under normal\n operating conditions.\n\n (10) RF. Radio frequency.\n\n (11) SHF (super high frequency). The frequency range 3–30 GHz.\n\n (12) UHF (ultra high frequency). The frequency range 300–3000 MHz.\n\n (13) VHF (very high frequency). The frequency range 30–300 MHz.\n\n (14) W. Watts.\n\n (c) The following terms are used in this part to indicate emission types. Refer to § 2.201 of the FCC Rules,\n Emission, modulation and transmission characteristics, for information on emission type designators.\n\n (1) CW. International Morse code telegraphy emissions having designators with A, C, H, J or R as the first\n symbol; 1 as the second symbol; A or B as the third symbol; and emissions J2A and J2B.\n\n (2) Data. Telemetry, telecommand and computer communications emissions having\n\n (i) designators with A, C, D, F, G, H, J or R as the first symbol, 1 as the second symbol, and D as the\n third symbol;\n\n (ii) emission J2D; and\n\n (iii) emissions A1C, F1C, F2C, J2C, and J3C having an occupied bandwidth of 500 Hz or less when\n transmitted on an amateur service frequency below 30 MHz. Only a digital code of a type\n specifically authorized in this part may be transmitted.\n\n (3) Image. Facsimile and television emissions having designators with A, C, D, F, G, H, J or R as the first\n symbol; 1, 2 or 3 as the second symbol; C or F as the third symbol; and emissions having B as the\n first symbol; 7, 8 or 9 as the second symbol; W as the third symbol.\n\n (4) MCW. Tone-modulated international Morse code telegraphy emissions having designators with A, C,\n D, F, G, H or R as the first symbol; 2 as the second symbol; A or B as the third symbol.\n\n (5) Phone. Speech and other sound emissions having designators with A, C, D, F, G, H, J or R as the first\n symbol; 1, 2, 3 or X as the second symbol; E as the third symbol. Also speech emissions having B or\n F as the first symbol; 7, 8 or 9 as the second symbol; E as the third symbol. MCW for the purpose of\n performing the station identification procedure, or for providing telegraphy practice interspersed with\n speech. Incidental tones for the purpose of selective calling or alerting or to control the level of a\n demodulated signal may also be considered phone.\n\n (6) Pulse. Emissions having designators with K, L, M, P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X\n as the second symbol; A, B, C, D, E, F, N, W or X as the third symbol.\n\n47 CFR 97.3(c)(6) (enhanced display) page 7 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.3(c)(7)\nAmateur Radio Service\n\n\n (7) RTTY. Narrow-band direct-printing telegraphy emissions having designators with A, C, D, F, G, H, J or R\n as the first symbol; 1 as the second symbol; B as the third symbol; and emission J2B. Only a digital\n code of a type specifically authorized in this part may be transmitted.\n\n (8) SS. Spread spectrum emissions using bandwidth-expansion modulation emissions having\n designators with A, C, D, F, G, H, J or R as the first symbol; X as the second symbol; X as the third\n symbol.\n\n (9) Test. Emissions containing no information having the designators with N as the third symbol. Test\n does not include pulse emissions with no information or modulation unless pulse emissions are also\n authorized in the frequency band.\n\n[54 FR 25857, June 20, 1989]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 97.3, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 97.5 Station license required.\n (a) The station apparatus must be under the physical control of a person named in an amateur station license\n grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by §\n 97.107 of this part, before the station may transmit on any amateur service frequency from any place that\n is:\n\n (1) Within 50 km of the Earth's surface and at a place where the amateur service is regulated by the FCC;\n\n (2) Within 50 km of the Earth's surface and aboard any vessel or craft that is documented or registered\n in the United States; or\n\n (3) More than 50 km above the Earth's surface aboard any craft that is documented or registered in the\n United States.\n\n (b) The types of station license grants are:\n\n (1) An operator/primary station license grant. One, but only one, operator/primary station license grant\n may be held by any one person. The primary station license is granted together with the amateur\n operator license. Except for a representative of a foreign government, any person who qualifies by\n examination is eligible to apply for an operator/primary station license grant.\n\n (2) A club station license grant. A club station license grant may be held only by the person who is the\n license trustee designated by an officer of the club. The trustee must be a person who holds an\n operator/primary station license grant. The club must be composed of at least four persons and\n must have a name, a document of organization, management, and a primary purpose devoted to\n amateur service activities consistent with this part.\n\n (3) A military recreation station license grant. A military recreation station license grant may be held only\n by the person who is the license custodian designated by the official in charge of the United States\n military recreational premises where the station is situated. The person must not be a representative\n of a foreign government. The person need not hold an amateur operator license grant.\n\n\n\n\n47 CFR 97.5(b)(3) (enhanced display) page 8 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.5(c)\nAmateur Radio Service\n\n\n (c) The person named in the station license grant or who is authorized for alien reciprocal operation by §\n 97.107 of this part may use, in accordance with the applicable rules of this part, the transmitting\n apparatus under the physical control of the person at places where the amateur service is regulated by\n the FCC.\n\n (d) A CEPT radio-amateur license is issued to the person by the country of which the person is a citizen. The\n person must not:\n\n (1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;\n\n (2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;\n\n (3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than\n the balance of the license term and the suspension is still in effect, suspended for the balance of the\n license term and relicensing has not taken place, or surrendered for cancellation following notice of\n revocation, suspension or monetary forfeiture proceedings; or\n\n (4) Be the subject of a cease and desist order that relates to amateur service operation and which is still\n in effect.\n\n (e) An IARP is issued to the person by the country of which the person is a citizen. The person must not:\n\n (1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;\n\n (2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;\n\n (3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than\n the balance of the license term and the suspension is still in effect, suspended for the balance of the\n license term and relicensing has not taken place, or surrendered for cancellation following notice of\n revocation, suspension or monetary forfeiture proceedings; or\n\n (4) Be the subject of a cease and desist order that relates to amateur service operation and which is still\n in effect.\n\n[59 FR 54831, Nov. 2, 1994, as amended at 62 FR 17567, Apr. 10, 1997; 63 FR 68977, Dec. 14, 1998; 75 FR 78169, Dec. 15, 2010]\n\n\n§ 97.7 Control operator required.\nWhen transmitting, each amateur station must have a control operator. The control operator must be a person:\n\n (a) For whom an amateur operator/primary station license grant appears on the ULS consolidated licensee\n database, or\n\n (b) Who is authorized for alien reciprocal operation by § 97.107 of this part.\n\n[63 FR 68978, Dec. 14, 1998]\n\n\n§ 97.9 Operator license grant.\n (a) The classes of amateur operator license grants are: Novice, Technician, General, Advanced, and Amateur\n Extra. The person named in the operator license grant is authorized to be the control operator of an\n amateur station with the privileges authorized to the operator class specified on the license grant.\n\n\n\n47 CFR 97.9(a) (enhanced display) page 9 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.9(b)\nAmateur Radio Service\n\n\n (b) The person named in an operator license grant of Novice, Technician, General or Advanced Class, who has\n properly submitted to the administering VEs a FCC Form 605 document requesting examination for an\n operator license grant of a higher class, and who holds a CSCE indicating that the person has completed\n the necessary examinations within the previous 365 days, is authorized to exercise the rights and\n privileges of the higher operator class until final disposition of the application or until 365 days following\n the passing of the examination, whichever comes first.\n\n[75 FR 78169, Dec. 15, 2010]\n\n\n§ 97.11 Stations aboard ships or aircraft.\n (a) The installation and operation of an amateur station on a ship or aircraft must be approved by the master\n of the ship or pilot in command of the aircraft.\n\n (b) The station must be separate from and independent of all other radio apparatus installed on the ship or\n aircraft, except a common antenna may be shared with a voluntary ship radio installation. The station's\n transmissions must not cause interference to any other apparatus installed on the ship or aircraft.\n\n (c) The station must not constitute a hazard to the safety of life or property. For a station aboard an aircraft,\n the apparatus shall not be operated while the aircraft is operating under Instrument Flight Rules, as\n defined by the FAA, unless the station has been found to comply with all applicable FAA Rules.\n\n§ 97.13 Restrictions on station location.\n (a) Before placing an amateur station on land of environmental importance or that is significant in American\n history, architecture or culture, the licensee may be required to take certain actions prescribed by §§\n 1.1305–1.1319 of this chapter.\n\n (b) A station within 1600 m (1 mile) of an FCC monitoring facility must protect that facility from harmful\n interference. Failure to do so could result in imposition of operating restrictions upon the amateur station\n pursuant to § 97.121. Geographical coordinates of the facilities that require protection are listed in §\n 0.121(c) of this chapter.\n\n (c) Before causing or allowing an amateur station to transmit from any place where the operation of the\n station could cause human exposure to RF electromagnetic field levels in excess of those allowed under\n § 1.1310 of this chapter, the licensee is required to take certain actions.\n\n (1) The licensee shall ensure compliance with the Commission's radio frequency exposure requirements\n in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, where applicable. In lieu of evaluation with the\n general population/uncontrolled exposure limits, amateur licensees may evaluate their operation\n with respect to members of his or her immediate household using the occupational/controlled\n exposure limits in § 1.1310, provided appropriate training and information has been accessed by the\n amateur licensee and members of his/her household. RF exposure of other nearby persons who are\n not members of the amateur licensee's household must be evaluated with respect to the general\n population/uncontrolled exposure limits. Appropriate methodologies and guidance for evaluating\n amateur radio service operation is described in the Office of Engineering and Technology (OET)\n Bulletin 65, Supplement B.\n\n\n\n\n47 CFR 97.13(c)(1) (enhanced display) page 10 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.13(c)(2)\nAmateur Radio Service\n\n\n (2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the\n limits contained in § 1.1310 of this chapter in accessible areas, the licensee must take action to\n prevent human exposure to such RF electromagnetic fields. Further information on evaluating\n compliance with these limits can be found in the FCC's OET Bulletin Number 65, “Evaluating\n Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.”\n\n[54 FR 25857, June 20, 1989, as amended at 55 FR 20398, May 16, 1990; 61 FR 41019, Aug. 7, 1996; 62 FR 47963, Sept. 12, 1997;\n62 FR 49557, Sept. 22, 1997; 62 FR 61448, Nov. 18, 1997; 63 FR 68978, Dec. 14, 1998; 65 FR 6549, Feb. 10, 2000; 80 FR 53752,\nSept. 8, 2015; 85 FR 18151, Apr. 1, 2020]\n\n\n§ 97.15 Station antenna structures.\n (a) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or\n located near or at a public use airport must notify the Federal Aviation Administration and register with\n the Commission as required by part 17 of this chapter.\n\n (b) Except as otherwise provided herein, a station antenna structure may be erected at heights and\n dimensions sufficient to accommodate amateur service communications. (State and local regulation of a\n station antenna structure must not preclude amateur service communications. Rather, it must reasonably\n accommodate such communications and must constitute the minimum practicable regulation to\n accomplish the state or local authority's legitimate purpose. See PRB–1, 101 FCC 2d 952 (1985) for\n details.)\n\n (c) Antennas used to transmit in the 2200 m and 630 m bands must not exceed 60 meters in height above\n ground level.\n\n[64 FR 53242, Oct. 1, 1999, as amended at 82 FR 27214, June 14, 2017]\n\n\n§ 97.17 Application for new license grant.\n (a) Any qualified person is eligible to apply for a new operator/primary station, club station or military\n recreation station license grant. No new license grant will be issued for a Novice or Advanced Class\n operator/primary station.\n\n (b) Each application for a new amateur service license grant must be filed with the FCC as follows:\n\n (1) Each candidate for an amateur radio operator license which requires the applicant to pass one or\n more examination elements must present the administering VEs with all information required by the\n rules prior to the examination. The VEs may collect all necessary information in any manner of their\n choosing, including creating their own forms.\n\n (2) For a new club or military recreation station license grant, each applicant must present all\n information required by the rules to an amateur radio organization having tax-exempt status under\n section 501(c)(3) of the Internal Revenue Code of 1986 that provides voluntary, uncompensated and\n unreimbursed services in providing club and military recreation station call signs (“Club Station Call\n Sign Administrator”) who must submit the information to the FCC in an electronic batch file. The Club\n Station Call Sign Administrator may collect the information required by these rules in any manner of\n their choosing, including creating their own forms. The Club Station Call Sign Administrator must\n retain the applicants information for at least 15 months and make it available to the FCC upon\n\n\n\n47 CFR 97.17(b)(2) (enhanced display) page 11 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.17(c)\nAmateur Radio Service\n\n\n request. The FCC will issue public announcements listing the qualified organizations that have\n completed a pilot autogrant batch filing project and are authorized to serve as a Club Station Call\n Sign Administrator.\n\n (c) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an\n amateur service license grant by fraudulent means.\n\n (d) One unique call sign will be shown on the license grant of each new primary, club and military recreation\n station. The call sign will be selected by the sequential call sign system. Effective February 14, 2011, no\n club station license grants will be issued to a licensee who is shown as the license trustee on an existing\n club station license grant.\n\n[63 FR 68978, Dec. 14, 1998, as amended at 64 FR 53242, Oct. 1, 1999; 65 FR 6549, Feb. 10, 2000; 75 FR 78170, Dec. 15, 2010]\n\n\n§ 97.19 Application for a vanity call sign.\n (a) The person named in an operator/primary station license grant or in a club station license grant is eligible\n to make application for modification of the license grant, or the renewal thereof, to show a call sign\n selected by the vanity call sign system. Effective February 14, 2011, the person named in a club station\n license grant that shows on the license a call sign that was selected by a trustee is not eligible for an\n additional vanity call sign. (The person named in a club station license grant that shows on the license a\n call sign that was selected by a trustee is eligible for a vanity call sign for his or her operator/primary\n station license grant on the same basis as any other person who holds an operator/primary station\n license grant.) Military recreation stations are not eligible for a vanity call sign.\n\n (b) Each application for a modification of an operator/primary or club station license grant, or the renewal\n thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with §\n 1.913 of this chapter.\n\n (c) Unassigned call signs are available to the vanity call sign system with the following exceptions:\n\n (1) A call sign shown on an expired license grant is not available to the vanity call sign system for 2\n years following the expiration of the license.\n\n (2) A call sign shown on a surrendered or canceled license grant (except for a license grant that is\n canceled pursuant to § 97.31) is not available to the vanity call sign system for 2 years following the\n date such action is taken. (The availability of a call sign shown on a license canceled pursuant to §\n 97.31 is governed by paragraph (c)(3) of this section.)\n\n (i) This 2-year period does not apply to any license grant pursuant to paragraph (c)(3)(i), (ii), or (iii)\n of this section that is surrendered, canceled, revoked, voided, or set aside because the grantee\n acknowledged or the Commission determined that the grantee was not eligible for the\n exception. In such a case, the call sign is not available to the vanity call sign system for 30 days\n following the date such action is taken, or for the period for which the call sign would not have\n been available to the vanity call sign system pursuant to paragraphs (c)(2) or (3) of this section\n but for the intervening grant to the ineligible applicant, whichever is later.\n\n (ii) An applicant to whose operator/primary station license grant, or club station license grant for\n which the applicant is the trustee, the call sign was previously assigned is exempt from the\n 2-year period set forth in paragraph (c)(2) of this section.\n\n\n\n47 CFR 97.19(c)(2)(ii) (enhanced display) page 12 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.19(c)(3)\nAmateur Radio Service\n\n\n (3) A call sign shown on a license canceled pursuant to § 97.31 of this part is not available to the vanity\n call sign system for 2 years following the person's death, or for 2 years following the expiration of the\n license grant, whichever is sooner. If, however, a license is canceled more than 2 years after the\n licensee's death (or within 30 days before the second anniversary of the licensee's death), the call\n sign is not available to the vanity call sign system for 30 days following the date such action is taken.\n The following applicants are exempt from this 2-year period:\n\n (i) An applicant to whose operator/primary station license grant, or club station license grant for\n which the applicant is the trustee, the call sign was previously assigned; or\n\n (ii) An applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent,\n brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law of the person now\n deceased or of any other deceased former holder of the call sign, provided that the vanity call\n sign requested by the applicant is from the group of call signs corresponding to the same or\n lower class of operator license held by the applicant as designated in the sequential call sign\n system; or\n\n (iii) An applicant who is a club station license trustee acting with a written statement of consent\n signed by either the licensee ante mortem but who is now deceased, or by at least one relative\n as listed in paragraph (c)(3)(ii) of this section, of the person now deceased or of any other\n deceased former holder of the call sign, provided that the deceased former holder was a\n member of the club during his or her life.\n\n (d) The vanity call sign requested by an applicant must be selected from the group of call signs\n corresponding to the same or lower class of operator license held by the applicant as designated in the\n sequential call sign system.\n\n (1) The applicant must request that the call sign shown on the license grant be vacated and provide a\n list of up to 25 call signs in order of preference. In the event that the Commission receives more than\n one application requesting a vanity call sign from an applicant on the same receipt day, the\n Commission will process only the first such application entered into the Universal Licensing System.\n Subsequent vanity call sign applications from that applicant with the same receipt date will not be\n accepted.\n\n (2) The first assignable call sign from the applicant's list will be shown on the license grant. When none\n of those call signs are assignable, the call sign vacated by the applicant will be shown on the license\n grant.\n\n (3) Vanity call signs will be selected from those call signs assignable at the time the application is\n processed by the FCC.\n\n (4) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular\n Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's\n mailing address is in the corresponding state, commonwealth, or island. This limitation does not\n apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent,\n stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former\n holder now deceased.\n\n[60 FR 7460, Feb. 8, 1995, as amended at 60 FR 50123, Sept. 28, 1995; 60 FR 53132, Oct. 12, 1995; 63 FR 68979, Dec. 14, 1998;\n71 FR 66461, Nov. 15, 2006; 75 FR 78170, Dec. 15, 2010]\n\n\n\n47 CFR 97.19(d)(4) (enhanced display) page 13 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.21\nAmateur Radio Service\n\n\n§ 97.21 Application for a modified or renewed license grant.\n (a) A person holding a valid amateur station license grant:\n\n (1) Must apply to the FCC for a modification of the license grant as necessary to show the correct\n mailing and email address, licensee name, club name, license trustee name, or license custodian\n name in accordance with § 1.913 of this chapter. For a club or military recreation station license\n grant, the application must be presented in document form to a Club Station Call Sign Administrator\n who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call\n Sign Administrator must retain the collected information for at least 15 months and make it available\n to the FCC upon request. A Club Station Call Sign Administrator shall not file with the Commission\n any application to modify a club station license grant that was submitted by a person other than the\n trustee as shown on the license grant, except an application to change the club station license\n trustee. An application to modify a club station license grant to change the license trustee name\n must be submitted to a Club Station Call Sign Administrator and must be signed by an officer of the\n club.\n\n (2) May apply to the FCC for a modification of the operator/primary station license grant to show a\n higher operator class. Applicants must present the administering VEs with all information required\n by the rules prior to the examination. The VEs may collect all necessary information in any manner of\n their choosing, including creating their own forms.\n\n (3) May apply to the FCC for renewal of the license grant for another term in accordance with §§ 1.913\n and 1.949 of this chapter. Application for renewal of a Technician Plus Class operator/primary\n station license will be processed as an application for renewal of a Technician Class operator/\n primary station license.\n\n (i) For a station license grant showing a call sign obtained through the vanity call sign system, the\n application must be filed in accordance with § 97.19 of this part in order to have the vanity call\n sign reassigned to the station.\n\n (ii) For a primary station license grant showing a call sign obtained through the sequential call sign\n system, and for a primary station license grant showing a call sign obtained through the vanity\n call sign system but whose grantee does not want to have the vanity call sign reassigned to the\n station, the application must be filed with the FCC in accordance with § 1.913 of this chapter.\n When the application has been received by the FCC on or before the license expiration date, the\n license operating authority is continued until the final disposition of the application.\n\n (iii) For a club station or military recreation station license grant showing a call sign obtained\n through the sequential call sign system, and for a club station license grant showing a call sign\n obtained through the vanity call sign system but whose grantee does not want to have the\n vanity call sign reassigned to the station, the application must be presented in document form\n to a Club Station Call Sign Administrator who must submit the information thereon to the FCC\n in an electronic batch file. The replacement call sign will be selected by the sequential call sign\n system. The Club Station Call Sign Administrator must retain the collected information for at\n least 15 months and make it available to the FCC upon request.\n\n (b) A person whose amateur station license grant has expired may apply to the FCC for renewal of the license\n grant for another term during a 2 year filing grace period. The application must be received at the address\n specified above prior to the end of the grace period. Unless and until the license grant is renewed, no\n privileges in this part are conferred.\n\n47 CFR 97.21(b) (enhanced display) page 14 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.21(c)\nAmateur Radio Service\n\n\n (c) Except as provided in paragraph (a)(3) of this section, a call sign obtained under the sequential or vanity\n call sign system will be reassigned to the station upon renewal or modification of a station license.\n\n[63 FR 68979, Dec. 14, 1998, as amended at 64 FR 53242, Oct. 1, 1999; 65 FR 6550, Feb. 10, 2000; 75 FR 78170, Dec. 15, 2010; 79\nFR 35291, July 21, 2014; 85 FR 85532, Dec. 29, 2020]\n\n\n§ 97.23 Mailing and email addresses.\nEach license grant must show the grantee's correct name, mailing address, and email address. The email address\nmust be an address where the grantee can receive electronic correspondence. Revocation of the station license or\nsuspension of the operator license may result when correspondence from the FCC is returned as undeliverable\nbecause the grantee failed to provide the correct email address.\n\n[85 FR 85533, Dec. 29, 2020]\n\n\n§ 97.25 License term.\nAn amateur service license is normally granted for a 10-year term.\n\n[63 FR 68979, Dec. 14, 1998]\n\n\n§ 97.27 FCC modification of station license grant.\n (a) The FCC may modify a station license grant, either for a limited time or for the duration of the term\n thereof, if it determines:\n\n (1) That such action will promote the public interest, convenience, and necessity; or\n\n (2) That such action will promote fuller compliance with the provisions of the Communications Act of\n 1934, as amended, or of any treaty ratified by the United States.\n\n (b) When the FCC makes such a determination, it will issue an order of modification. The order will not\n become final until the licensee is notified in writing of the proposed action and the grounds and reasons\n therefor. The licensee will be given reasonable opportunity of no less than 30 days to protest the\n modification; except that, where safety of life or property is involved, a shorter period of notice may be\n provided. Any protest by a licensee of an FCC order of modification will be handled in accordance with the\n provisions of 47 U.S.C. 316.\n\n[59 FR 54833, Nov. 2, 1994, as amended at 63 FR 68979, Dec. 14, 1998]\n\n\n§ 97.29 Replacement license grant document.\nEach grantee whose amateur station license grant document is lost, mutilated or destroyed may apply to the FCC\nfor a replacement in accordance with § 1.913 of this chapter.\n\n[63 FR 68979, Dec. 14, 1998]\n\n\n\n\n47 CFR 97.29 (enhanced display) page 15 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.31\nAmateur Radio Service\n\n\n§ 97.31 Cancellation on account of the licensee's death.\n (a) A person may request cancellation of an operator/primary station license grant on account of the\n licensee's death by submitting a signed request that includes a death certificate, obituary, or Social\n Security Death Index data that shows the person named in the operator/primary station license grant has\n died. Such a request may be submitted as a pleading associated with the deceased licensee's license.\n See § 1.45 of this chapter. In addition, the Commission may cancel an operator/primary station license\n grant if it becomes aware of the grantee's death through other means. No action will be taken during the\n last thirty days of the post-expiration grace period (see § 97.21(b)) on a request to cancel a license due to\n the licensee's death.\n\n (b) A license that is canceled due to the licensee's death is canceled as of the date of the licensee's death.\n\n[75 FR 78171, Dec. 15, 2010]\n\n\nSubpart B—Station Operation Standards\n§ 97.101 General standards.\n (a) In all respects not specifically covered by FCC Rules each amateur station must be operated in\n accordance with good engineering and good amateur practice.\n\n (b) Each station licensee and each control operator must cooperate in selecting transmitting channels and in\n making the most effective use of the amateur service frequencies. No frequency will be assigned for the\n exclusive use of any station.\n\n (c) At all times and on all frequencies, each control operator must give priority to stations providing\n emergency communications, except to stations transmitting communications for training drills and tests\n in RACES.\n\n (d) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio\n communication or signal.\n\n§ 97.103 Station licensee responsibilities.\n (a) The station licensee is responsible for the proper operation of the station in accordance with the FCC\n Rules. When the control operator is a different amateur operator than the station licensee, both persons\n are equally responsible for proper operation of the station.\n\n (b) The station licensee must designate the station control operator. The FCC will presume that the station\n licensee is also the control operator, unless documentation to the contrary is in the station records.\n\n (c) The station licensee must make the station and the station records available for inspection upon request\n by an FCC representative.\n\n[54 FR 25857, June 20, 1989, as amended at 71 FR 66462, Nov. 15, 2006; 75 FR 27201, May 14, 2010]\n\n\n§ 97.105 Control operator duties.\n (a) The control operator must ensure the immediate proper operation of the station, regardless of the type of\n control.\n\n\n\n47 CFR 97.105(a) (enhanced display) page 16 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.105(b)\nAmateur Radio Service\n\n\n (b) A station may only be operated in the manner and to the extent permitted by the privileges authorized for\n the class of operator license held by the control operator.\n\n§ 97.107 Reciprocal operating authority.\nA non-citizen of the United States (“alien”) holding an amateur service authorization granted by the alien's\ngovernment is authorized to be the control operator of an amateur station located at places where the amateur\nservice is regulated by the FCC, provided there is in effect a multilateral or bilateral reciprocal operating\narrangement, to which the United States and the alien's government are parties, for amateur service operation on a\nreciprocal basis. The FCC will issue public announcements listing the countries with which the United States has\nsuch an arrangement. No citizen of the United States or person holding an FCC amateur operator/primary station\nlicense grant is eligible for the reciprocal operating authority granted by this section. The privileges granted to a\ncontrol operator under this authorization are:\n\n (a) For an amateur service license granted by the Government of Canada:\n\n (1) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the\n Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country;\n\n (2) The operating terms and conditions of the amateur service license issued by the Government of\n Canada; and\n\n (3) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted\n Amateur Extra Class operator license.\n\n (b) For an amateur service license granted by any country, other than Canada, with which the United States\n has a multilateral or bilateral agreement:\n\n (1) The terms of the agreement between the alien's government and the United States;\n\n (2) The operating terms and conditions of the amateur service license granted by the alien's government;\n\n (3) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted\n Amateur Extra Class operator license; and\n\n (c) At any time the FCC may, in its discretion, modify, suspend or cancel the reciprocal operating authority\n granted to any person by this section.\n\n[63 FR 68979, Dec. 14, 1998]\n\n\n§ 97.109 Station control.\n (a) Each amateur station must have at least one control point.\n\n (b) When a station is being locally controlled, the control operator must be at the control point. Any station\n may be locally controlled.\n\n (c) When a station is being remotely controlled, the control operator must be at the control point. Any station\n may be remotely controlled.\n\n\n\n\n47 CFR 97.109(c) (enhanced display) page 17 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.109(d)\nAmateur Radio Service\n\n\n (d) When a station is being automatically controlled, the control operator need not be at the control point.\n Only stations specifically designated elsewhere in this part may be automatically controlled. Automatic\n control must cease upon notification by a Regional Director that the station is transmitting improperly or\n causing harmful interference to other stations. Automatic control must not be resumed without prior\n approval of the Regional Director.\n\n[54 FR 39535, Sept. 27, 1989, as amended at 60 FR 26001, May 16, 1995; 69 FR 24997, May 5, 2004; 80 FR 53753, Sept. 8, 2015]\n\n\n§ 97.111 Authorized transmissions.\n (a) An amateur station may transmit the following types of two-way communications:\n\n (1) Transmissions necessary to exchange messages with other stations in the amateur service, except\n those in any country whose administration has notified the ITU that it objects to such\n communications. The FCC will issue public notices of current arrangements for international\n communications.\n\n (2) Transmissions necessary to meet essential communication needs and to facilitate relief actions.\n\n (3) Transmissions necessary to exchange messages with a station in another FCC-regulated service\n while providing emergency communications;\n\n (4) Transmissions necessary to exchange messages with a United States government station,\n necessary to providing communications in RACES; and\n\n (5) Transmissions necessary to exchange messages with a station in a service not regulated by the FCC,\n but authorized by the FCC to communicate with amateur stations. An amateur station may exchange\n messages with a participating United States military station during an Armed Forces Day\n Communications Test.\n\n (b) In addition to one-way transmissions specifically authorized elsewhere in this part, an amateur station\n may transmit the following types of one-way communications:\n\n (1) Brief transmissions necessary to make adjustments to the station;\n\n (2) Brief transmissions necessary to establishing two-way communications with other stations;\n\n (3) Telecommand;\n\n (4) Transmissions necessary to providing emergency communications;\n\n (5) Transmissions necessary to assisting persons learning, or improving proficiency in, the international\n Morse code; and\n\n (6) Transmissions necessary to disseminate information bulletins.\n\n (7) Transmissions of telemetry.\n\n[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991; 71 FR 25982, May 3, 2006; 71 FR 66462, Nov. 15, 2006]\n\n\n§ 97.113 Prohibited transmissions.\n (a) No amateur station shall transmit:\n\n (1) Communications specifically prohibited elsewhere in this part;\n\n47 CFR 97.113(a)(1) (enhanced display) page 18 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.113(a)(2)\nAmateur Radio Service\n\n\n (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as\n otherwise provided in these rules;\n\n (3) Communications in which the station licensee or control operator has a pecuniary interest, including\n communications on behalf of an employer, with the following exceptions:\n\n (i) A station licensee or station control operator may participate on behalf of an employer in an\n emergency preparedness or disaster readiness test or drill, limited to the duration and scope of\n such test or drill, and operational testing immediately prior to such test or drill. Tests or drills\n that are not government-sponsored are limited to a total time of one hour per week; except that\n no more than twice in any calendar year, they may be conducted for a period not to exceed 72\n hours.\n\n (ii) An amateur operator may notify other amateur operators of the availability for sale or trade of\n apparatus normally used in an amateur station, provided that such activity is not conducted on\n a regular basis.\n\n (iii) A control operator may accept compensation as an incident of a teaching position during\n periods of time when an amateur station is used by that teacher as a part of classroom\n instruction at an educational institution.\n\n (iv) The control operator of a club station may accept compensation for the periods of time when\n the station is transmitting telegraphy practice or information bulletins, provided that the station\n transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules\n operations on at least six amateur service MF and HF bands using reasonable measures to\n maximize coverage; where the schedule of normal operating times and frequencies is\n published at least 30 days in advance of the actual transmissions; and where the control\n operator does not accept any direct or indirect compensation for any other service as a control\n operator.\n\n (4) Music using a phone emission except as specifically provided elsewhere in this section;\n communications intended to facilitate a criminal act; messages encoded for the purpose of\n obscuring their meaning, except as otherwise provided herein; obscene or indecent words or\n language; or false or deceptive messages, signals or identification.\n\n (5) Communications, on a regular basis, which could reasonably be furnished alternatively through other\n radio services.\n\n (b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit\n one-way communications except as specifically provided in these rules; nor shall an amateur station\n engage in any activity related to program production or news gathering for broadcasting purposes, except\n that communications directly related to the immediate safety of human life or the protection of property\n may be provided by amateur stations to broadcasters for dissemination to the public where no other\n means of communication is reasonably available before or at the time of the event.\n\n (c) No station shall retransmit programs or signals emanating from any type of radio station other than an\n amateur station, except propagation and weather forecast information intended for use by the general\n public and originated from United States Government stations, and communications, including incidental\n music, originating on United States Government frequencies between a manned spacecraft and its\n associated Earth stations. Prior approval for manned spacecraft communications retransmissions must\n be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for\n\n\n47 CFR 97.113(c) (enhanced display) page 19 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.113(d)\nAmateur Radio Service\n\n\n the exclusive use of amateur radio operators. Propagation, weather forecasts, and manned spacecraft\n communications retransmissions may not be conducted on a regular basis, but only occasionally, as an\n incident of normal amateur radio communications.\n\n (d) No amateur station, except an auxiliary, repeater, or space station, may automatically retransmit the radio\n signals of other amateur station.\n\n[58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. 8, 1993, as amended at 71 FR 25982, May 3, 2006; 71 FR 66462, Nov. 15, 2006;\n75 FR 46857, Aug. 4, 2010; 79 FR 35291, June 20, 2014]\n\n\n§ 97.115 Third party communications.\n (a) An amateur station may transmit messages for a third party to:\n\n (1) Any station within the jurisdiction of the United States.\n\n (2) Any station within the jurisdiction of any foreign government when transmitting emergency or\n disaster relief communications and any station within the jurisdiction of any foreign government\n whose administration has made arrangements with the United States to allow amateur stations to\n be used for transmitting international communications on behalf of third parties. No station shall\n transmit messages for a third party to any station within the jurisdiction of any foreign government\n whose administration has not made such an arrangement. This prohibition does not apply to a\n message for any third party who is eligible to be a control operator of the station.\n\n (b) The third party may participate in stating the message where:\n\n (1) The control operator is present at the control point and is continuously monitoring and supervising\n the third party's participation; and\n\n (2) The third party is not a prior amateur service licensee whose license was revoked or not renewed\n after hearing and re-licensing has not taken place; suspended for less than the balance of the license\n term and the suspension is still in effect; suspended for the balance of the license term and re-\n licensing has not taken place; or surrendered for cancellation following notice of revocation,\n suspension or monetary forfeiture proceedings. The third party may not be the subject of a cease\n and desist order which relates to amateur service operation and which is still in effect.\n\n (c) No station may transmit third party communications while being automatically controlled except a station\n transmitting a RTTY or data emission.\n\n (d) At the end of an exchange of international third party communications, the station must also transmit in\n the station identification procedure the call sign of the station with which a third party message was\n exchanged.\n\n[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989, as amended at 71 FR 25982, May 3, 2006; 71 FR 66462, Nov. 15, 2006]\n\n\n§ 97.117 International communications.\nTransmissions to a different country, where permitted, shall be limited to communications incidental to the\npurposes of the amateur service and to remarks of a personal character.\n\n[71 FR 25982, May 3, 2006]\n\n\n\n47 CFR 97.117 (enhanced display) page 20 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.119\nAmateur Radio Service\n\n\n§ 97.119 Station identification.\n (a) Each amateur station, except a space station or telecommand station, must transmit its assigned call sign\n on its transmitting channel at the end of each communication, and at least every 10 minutes during a\n communication, for the purpose of clearly making the source of the transmissions from the station known\n to those receiving the transmissions. No station may transmit unidentified communications or signals, or\n transmit as the station call sign, any call sign not authorized to the station.\n\n (b) The call sign must be transmitted with an emission authorized for the transmitting channel in one of the\n following ways:\n\n (1) By a CW emission. When keyed by an automatic device used only for identification, the speed must\n not exceed 20 words per minute;\n\n (2) By a phone emission in the English language. Use of a phonetic alphabet as an aid for correct station\n identification is encouraged;\n\n (3) By a RTTY emission using a specified digital code when all or part of the communications are\n transmitted by a RTTY or data emission;\n\n (4) By an image emission conforming to the applicable transmission standards, either color or\n monochrome, of § 73.682(a) of the FCC Rules when all or part of the communications are\n transmitted in the same image emission\n\n (c) One or more indicators may be included with the call sign. Each indicator must be separated from the call\n sign by the slant mark (/) or by any suitable word that denotes the slant mark. If an indicator is self-\n assigned, it must be included before, after, or both before and after, the call sign. No self-assigned\n indicator may conflict with any other indicator specified by the FCC Rules or with any prefix assigned to\n another country.\n\n (d) When transmitting in conjunction with an event of special significance, a station may substitute for its\n assigned call sign a special event call sign as shown for that station for that period of time on the\n common data base coordinated, maintained and disseminated by the special event call sign data base\n coordinators. Additionally, the station must transmit its assigned call sign at least once per hour during\n such transmissions.\n\n (e) When the operator license class held by the control operator exceeds that of the station licensee, an\n indicator consisting of the call sign assigned to the control operator's station must be included after the\n call sign.\n\n (f) When the control operator is a person who is exercising the rights and privileges authorized by § 97.9(b)\n of this part, an indicator must be included after the call sign as follows:\n\n (1) For a control operator who has requested a license modification from Novice Class to Technical\n Class: KT;\n\n (2) For a control operator who has requested a license modification from Novice or Technician to\n General Class: AG;\n\n (3) For a control operator who has requested a license modification from Novice, Technician, General, or\n Advanced Class to Amateur Extra Class: AE.\n\n\n\n\n47 CFR 97.119(f)(3) (enhanced display) page 21 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.119(g)\nAmateur Radio Service\n\n\n (g) When the station is transmitting under the authority of § 97.107 of this part, an indicator consisting of the\n appropriate letter-numeral designating the station location must be included before the call sign that was\n issued to the station by the country granting the license. For an amateur service license granted by the\n Government of Canada, however, the indicator must be included after the call sign. At least once during\n each intercommunication, the identification announcement must include the geographical location as\n nearly as possible by city and state, commonwealth or possession.\n\n[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991; 62\nFR 17567, Apr. 10, 1997; 63 FR 68980, Dec. 14, 1998; 64 FR 51471, Sept. 23, 1999; 66 FR 20752, Apr. 25, 2001; 75 FR 78171, Dec.\n15, 2010]\n\n\n§ 97.121 Restricted operation.\n (a) If the operation of an amateur station causes general interference to the reception of transmissions from\n stations operating in the domestic broadcast service when receivers of good engineering design,\n including adequate selectivity characteristics, are used to receive such transmissions, and this fact is\n made known to the amateur station licensee, the amateur station shall not be operated during the hours\n from 8 p.m. to 10:30 p.m., local time, and on Sunday for the additional period from 10:30 a.m. until 1 p.m.,\n local time, upon the frequency or frequencies used when the interference is created.\n\n (b) In general, such steps as may be necessary to minimize interference to stations operating in other\n services may be required after investigation by the FCC.\n\nSubpart C—Special Operations\n§ 97.201 Auxiliary station.\n (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class\n operator license may be an auxiliary station. A holder of a Technician, General, Advanced or Amateur Extra\n Class operator license may be the control operator of an auxiliary station, subject to the privileges of the\n class of operator license held.\n\n (b) An auxiliary station may transmit only on the 2 m and shorter wavelength bands, except the 144.0–144.5\n MHz, 145.8–146.0 MHz, 219–220 MHz, 222.00–222.15 MHz, 431–433 MHz, and 435–438 MHz\n segments.\n\n (c) Where an auxiliary station causes harmful interference to another auxiliary station, the licensees are\n equally and fully responsible for resolving the interference unless one station's operation is recommended\n by a frequency coordinator and the other station's is not. In that case, the licensee of the non-coordinated\n auxiliary station has primary responsibilty to resolve the interference.\n\n (d) An auxiliary station may be automatically controlled.\n\n (e) An auxiliary station may transmit one-way communications.\n\n[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991; 60 FR 15687, Mar. 27, 1995; 63 FR 68980, Dec. 14, 1998;\n71 FR 66462, Nov. 15, 2006; 75 FR 78171, Dec. 15, 2010]\n\n\n\n\n47 CFR 97.201(e) (enhanced display) page 22 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.203\nAmateur Radio Service\n\n\n§ 97.203 Beacon station.\n (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class\n operator license may be a beacon. A holder of a Technician, General, Advanced or Amateur Extra Class\n operator license may be the control operator of a beacon, subject to the privileges of the class of operator\n license held.\n\n (b) A beacon must not concurrently transmit on more than 1 channel in the same amateur service frequency\n band, from the same station location.\n\n (c) The transmitter power of a beacon must not exceed 100 W.\n\n (d) A beacon may be automatically controlled while it is transmitting on the 28.20–28.30 MHz, 50.06–50.08\n MHz, 144.275–144.300 MHz, 222.05–222.06 MHz or 432.300–432.400 MHz segments, or on the 33 cm\n and shorter wavelength bands.\n\n (e) Before establishing an automatically controlled beacon in the National Radio Quiet Zone or before\n changing the transmitting frequency, transmitter power, antenna height or directivity, the station licensee\n must give written notification thereof to the Interference Office, National Radio Astronomy Observatory,\n P.O. Box 2, Green Bank, WV 24944.\n\n (1) The notification must include the geographical coordinates of the antenna, antenna ground elevation\n above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna\n directivity, proposed frequency, type of emission, and transmitter power.\n\n (2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy\n Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research\n Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the\n FCC will consider all aspects of the problem and take whatever action is deemed appropriate.\n\n (f) A beacon must cease transmissions upon notification by a Regional Director that the station is operating\n improperly or causing undue interference to other operations. The beacon may not resume transmitting\n without prior approval of the Regional Director.\n\n (g) A beacon may transmit one-way communications.\n\n[54 FR 25857, June 20, 1989, as amended at 55 FR 9323, Mar. 13, 1990; 56 FR 19610, Apr. 29, 1991; 56 FR 32517, July 17, 1991;\n62 FR 55536, Oct. 27, 1997; 63 FR 41204, Aug. 3, 1998; 63 FR 68980, Dec. 14, 1998; 69 FR 24997, May 5, 2004; 71 FR 66462, Nov.\n15, 2006; 75 FR 78171, Dec. 15, 2010; 80 FR 53753, Sept. 8, 2015]\n\n\n§ 97.205 Repeater station.\n (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class\n operator license may be a repeater. A holder of a Technician, General, Advanced or Amateur Extra Class\n operator license may be the control operator of a repeater, subject to the privileges of the class of\n operator license held.\n\n (b) A repeater may receive and retransmit only on the 10 m and shorter wavelength frequency bands except\n the 28.0–29.5 MHz, 50.0–51.0 MHz, 144.0–144.5 MHz, 145.5–146.0 MHz, 222.00–222.15 MHz,\n 431.0–433.0 Mhz, and 435.0–438.0 Mhz segments.\n\n\n\n\n47 CFR 97.205(b) (enhanced display) page 23 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.205(c)\nAmateur Radio Service\n\n\n (c) Where the transmissions of a repeater cause harmful interference to another repeater, the two station\n licensees are equally and fully responsible for resolving the interference unless the operation of one\n station is recommended by a frequency coordinator and the operation of the other station is not. In that\n case, the licensee of the non-coordinated repeater has primary responsibility to resolve the interference.\n\n (d) A repeater may be automatically controlled.\n\n (e) Ancillary functions of a repeater that are available to users on the input channel are not considered\n remotely controlled functions of the station. Limiting the use of a repeater to only certain user stations is\n permissible.\n\n (f) [Reserved]\n\n (g) The control operator of a repeater that retransmits inadvertently communications that violate the rules in\n this part is not accountable for the violative communications.\n\n (h) The provisions of this paragraph do not apply to repeaters that transmit on the 1.2 cm or shorter\n wavelength bands. Before establishing a repeater within 16 km (10 miles) of the Arecibo Observatory or\n before changing the transmitting frequency, transmitter power, antenna height or directivity of an existing\n repeater, the station licensee must give written notification thereof to the Interference Office, Arecibo\n Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical\n parameters of the proposal. Licensees who choose to transmit information electronically should e-mail to:\n prcz@naic.edu.\n\n (1) The notification shall state the geographical coordinates of the antenna (NAD–83 datum), antenna\n height above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna\n directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective radiated\n power, and whether the proposed use is itinerant. Licensees may wish to consult interference\n guidelines provided by Cornell University.\n\n (2) If an objection to the proposed operation is received by the FCC from the Arecibo Observatory,\n Arecibo, Puerto Rico, within 20 days from the date of notification, the FCC will consider all aspects of\n the problem and take whatever action is deemed appropriate. The licensee will be required to make\n reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo\n Observatory.\n\n[54 FR 25857, June 20, 1989, as amended at 55 FR 4613, Feb. 9, 1990; 56 FR 32517, July 17, 1991; 58 FR 64385, Dec. 7, 1993; 59\nFR 18975, Apr. 21, 1994; 62 FR 55536, Oct. 27, 1997; 63 FR 41205, Aug. 3, 1998; 63 FR 68980, Dec. 14, 1998; 69 FR 24997, May 5,\n2004; 70 FR 31374, June 1, 2005]\n\n\n§ 97.207 Space station.\n (a) Any amateur station may be a space station. A holder of any class operator license may be the control\n operator of a space station, subject to the privileges of the class of operator license held by the control\n operator.\n\n (b) A space station must be capable of effecting a cessation of transmissions by telecommand whenever\n such cessation is ordered by the FCC.\n\n (c) The following frequency bands and segments are authorized to space stations:\n\n (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and\n\n\n47 CFR 97.207(c)(1) (enhanced display) page 24 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.207(c)(2)\nAmateur Radio Service\n\n\n (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, 144–146 MHz, 435–438 MHz, 2400–2450 MHz, 5.83–5.85\n GHz, 10.45–10.50 GHz, and 24.00–24.05 GHz segments.\n\n (d) A space station may automatically retransmit the radio signals of Earth stations and other space stations.\n\n (e) A space station may transmit one-way communications.\n\n (f) Space telemetry transmissions may consist of specially coded messages intended to facilitate\n communications or related to the function of the spacecraft.\n\n (g) The license grantee of each space station must make the following written notifications to the Space\n Bureau, FCC, Washington, DC 20554.\n\n (1) A pre-space notification within 30 days after the date of launch vehicle determination, but no later\n than 90 days before integration of the space station into the launch vehicle. The notification must be\n in accordance with the provisions of Articles 9 and 11 of the International Telecommunication Union\n (ITU) Radio Regulations and must specify the information required by Appendix 4 and Resolution No.\n 642 of the ITU Radio Regulations. The notification must also include a description of the design and\n operational strategies that the space station will use to mitigate orbital debris, including the\n following information:\n\n (i) A statement that the space station operator has assessed and limited the amount of debris\n released in a planned manner during normal operations. Where applicable, this statement must\n include an orbital debris mitigation disclosure for any separate deployment devices, distinct\n from the space station launch vehicle, that may become a source of orbital debris;\n\n (ii) A statement indicating whether the space station operator has assessed and limited the\n probability that the space station(s) will become a source of debris by collision with small\n debris or meteoroids that would cause loss of control and prevent disposal. The statement\n must indicate whether this probability for an individual space station is 0.01 (1 in 100) or less,\n as calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool;\n\n (iii) A statement that the space station operator has assessed and limited the probability, during\n and after completion of mission operations, of accidental explosions or of release of liquids\n that will persist in droplet form. This statement must include a demonstration that debris\n generation will not result from the conversion of energy sources on board the spacecraft into\n energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic\n energy. This demonstration should address whether stored energy will be removed at the\n spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting\n any pressurized system, leaving all batteries in a permanent discharge state, and removing any\n remaining source of stored energy, or through other equivalent procedures specifically\n disclosed in the application;\n\n (iv) A statement that the space station operator has assessed and limited the probability of the\n space station(s) becoming a source of debris by collisions with large debris or other\n operational space stations.\n\n (A) Where the application is for an NGSO space station or system, the following information\n must also be included:\n\n (1) A demonstration that the space station operator has assessed and limited the\n probability of collision between any space station of the system and other large\n objects (10 cm or larger in diameter) during the total orbital lifetime of the space\n\n47 CFR 97.207(g)(1)(iv)(A)(1) (enhanced display) page 25 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.207(g)(1)(iv)(A)(2)\nAmateur Radio Service\n\n\n station, including any de-orbit phases, to less than 0.001 (1 in 1,000). The probability\n shall be calculated using the NASA Debris Assessment Software or a higher fidelity\n assessment tool. The collision risk may be assumed zero for a space station during\n any period in which the space station will be maneuvered effectively to avoid\n colliding with large objects.\n\n (2) The statement must identify characteristics of the space station(s)' orbits that may\n present a collision risk, including any planned and/or operational space stations in\n those orbits, and indicate what steps, if any, have been taken to coordinate with the\n other spacecraft or system, or what other measures the operator plans to use to\n avoid collision.\n\n (3) If at any time during the space station(s)' mission or de-orbit phase the space\n station(s) will transit through the orbits used by any inhabitable spacecraft, including\n the International Space Station, the statement must describe the design and\n operational strategies, if any, that will be used to minimize the risk of collision and\n avoid posing any operational constraints to the inhabitable spacecraft.\n\n (4) The statement must disclose the accuracy, if any, with which orbital parameters will\n be maintained, including apogee, perigee, inclination, and the right ascension of the\n ascending node(s). In the event that a system is not be maintained to specific orbital\n tolerances, e.g., its propulsion system will not be used for orbital maintenance, that\n fact should be included in the debris mitigation disclosure. Such systems must also\n indicate the anticipated evolution over time of the orbit of the proposed satellite or\n satellites. All systems must describe the extent of satellite maneuverability, whether\n or not the space station design includes a propulsion system.\n\n (5) The space station operator must certify that upon receipt of a space situational\n awareness conjunction warning, the operator will review and take all possible steps\n to assess the collision risk, and will mitigate the collision risk if necessary. As\n appropriate, steps to assess and mitigate the collision risk should include, but are not\n limited to: Contacting the operator of any active spacecraft involved in such a\n warning; sharing ephemeris data and other appropriate operational information with\n any such operator; and modifying space station attitude and/or operations.\n\n (B) Where a space station requests the assignment of a geostationary orbit location, it must\n assess whether there are any known satellites located at, or reasonably expected to be\n located at, the requested orbital location, or assigned in the vicinity of that location, such\n that the station keeping volumes of the respective satellites might overlap or touch. If so,\n the statement must include a statement as to the identities of those parties and the\n measures that will be taken to prevent collisions.\n\n (v) A statement addressing the trackability of the space station(s). Space station(s) operating in\n low-Earth orbit will be presumed trackable if each individual space station is 10 cm or larger in\n its smallest dimension, exclusive of deployable components. Where the application is for an\n NGSO space station or system, the statement shall also disclose the following:\n\n (A) How the operator plans to identify the space station(s) following deployment and whether\n space station tracking will be active or passive;\n\n (B) Whether, prior to deployment, the space station(s) will be registered with the 18th Space\n Control Squadron or successor entity; and\n47 CFR 97.207(g)(1)(v)(B) (enhanced display) page 26 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.207(g)(1)(v)(C)\nAmateur Radio Service\n\n\n (C) The extent to which the space station operator plans to share information regarding initial\n deployment, ephemeris, and/or planned maneuvers with the 18th Space Control Squadron\n or successor entity, other entities that engage in space situational awareness or space\n traffic management functions, and/or other operators.\n\n (vi) A statement disclosing planned proximity operations, if any, and addressing debris generation\n that will or may result from the proposed operations, including any planned release of debris,\n the risk of accidental explosions, the risk of accidental collision, and measures taken to\n mitigate those risks.\n\n (vii) A statement detailing the disposal plans for the space station, including the quantity of fuel—if\n any—that will be reserved for disposal maneuvers. In addition, the following specific provisions\n apply:\n\n (A) For geostationary orbit space stations, the statement must disclose the altitude selected\n for a disposal orbit and the calculations that are used in deriving the disposal altitude.\n\n (B) For space stations terminating operations in an orbit in or passing through the low-Earth\n orbit region below 2,000 km altitude, the statement must disclose whether the spacecraft\n will be disposed of either through atmospheric re-entry, specifying if direct retrieval of the\n spacecraft will be used. The statement must also disclose the expected time in orbit for\n the space station following the completion of the mission.\n\n (C) For space stations not covered by either paragraph (g)(1)(vii)(A) or (B) of this section, the\n statement must indicate whether disposal will involve use of a storage orbit or long-term\n atmospheric re-entry and rationale for the selected disposal plan.\n\n (D) For all NGSO space stations under paragraph (g)(1)(vii)(B) or (C) of this section, the\n following additional specific provisions apply:\n\n (1) The statement must include a demonstration that the probability of success of the\n chosen disposal method will be 0.9 or greater for any individual space station. For\n space station systems consisting of multiple space stations, the demonstration\n should include additional information regarding efforts to achieve a higher probability\n of success, with a goal, for large systems, of a probability of success for any\n individual space station of 0.99 or better. For space stations under paragraph\n (g)(1)(vii)(B) of this section that will be terminating operations in or passing through\n low-Earth orbit, successful disposal is defined as atmospheric re-entry of the\n spacecraft within 25 years or less following completion of the mission. For space\n stations under paragraph (g)(1)(vii)(C) of this section, successful disposal will be\n assessed on a case-by-case basis.\n\n (2) If planned disposal is by atmospheric re-entry, the statement must also include:\n\n (i) A disclosure indicating whether the atmospheric re-entry will be an uncontrolled\n re-entry or a controlled targeted reentry.\n\n (ii) An assessment as to whether portions of any individual spacecraft will survive\n atmospheric re-entry and impact the surface of the Earth with a kinetic energy\n in excess of 15 joules, and demonstration that the calculated casualty risk for\n an individual spacecraft using the NASA Debris Assessment Software or a\n higher fidelity assessment tool is less than 0.0001 (1 in 10,000).\n\n47 CFR 97.207(g)(1)(vii)(D)(2)(ii) (enhanced display) page 27 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.207(g)(1)(viii)\nAmateur Radio Service\n\n\n (viii) If any material item described in this notification changes before launch, a replacement pre-\n space notification shall be filed with the Space Bureau no later than 90 days before integration\n of the space station into the launch vehicle.\n\n (2) An in-space station notification is required no later than 7 days following initiation of space station\n transmissions. This notification must update the information contained in the pre-space notification.\n\n (3) A post-space station notification is required no later than 3 months after termination of the space\n station transmissions. When termination of transmissions is ordered by the FCC, the notification is\n required no later than 24 hours after termination of transmissions.\n\n[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, 1991; 57 FR 32736, July 23, 1992;\n60 FR 50124, Sept. 28, 1995; 63 FR 68980, Dec. 14, 1998; 69 FR 54588, Sept. 9, 2004; 71 FR 66462, Nov. 15, 2006; 75 FR 27201,\nMay 14, 2010; 85 FR 52453, Aug. 25, 2020; 85 FR 64068, Oct. 9, 2020; 88 FR 21451, Apr. 10, 2023]\n\n\n§ 97.209 Earth station.\n (a) Any amateur station may be an Earth station. A holder of any class operator license may be the control\n operator of an Earth station, subject to the privileges of the class of operator license held by the control\n operator.\n\n (b) The following frequency bands and segments are authorized to Earth stations:\n\n (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and\n\n (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, 144–146 MHz, 435–438 MHz, 1260–1270 MHz and\n 2400–2450 MHz, 5.65–5.67 GHz, 10.45–10.50 GHz and 24.00–24.05 GHz segments.\n\n[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 85 FR 64068, Oct. 9, 2020; 85 FR 69515, Nov. 3, 2020]\n\n\n§ 97.211 Space telecommand station.\n (a) Any amateur station designated by the licensee of a space station is eligible to transmit as a\n telecommand station for that space station, subject to the privileges of the class of operator license held\n by the control operator.\n\n (b) A telecommand station may transmit special codes intended to obscure the meaning of telecommand\n messages to the station in space operation.\n\n (c) The following frequency bands and segments are authorized to telecommand stations:\n\n (1) The 17 m, 15 m, 12 m and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and\n\n (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, 144–146 MHz, 435–438 MHz, 1260–1270 MHz and\n 2400–2450 MHz, 5.65–5.67 GHz, 10.45–10.50 GHz and 24.00–24.05 GHz segments.\n\n (d) A telecommand station may transmit one-way communications.\n\n[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, 1991; 85 FR 64068, Oct. 9, 2020]\n\n\n§ 97.213 Telecommand of an amateur station.\nAn amateur station on or within 50 km of the Earth's surface may be under telecommand where:\n\n\n47 CFR 97.213 (enhanced display) page 28 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.213(a)\nAmateur Radio Service\n\n\n (a) There is a radio or wireline control link between the control point and the station sufficient for the control\n operator to perform his/her duties. If radio, the control link must use an auxiliary station. A control link\n using a fiber optic cable or another telecommunication service is considered wireline.\n\n (b) Provisions are incorporated to limit transmission by the station to a period of no more than 3 minutes in\n the event of malfunction in the control link.\n\n (c) The station is protected against making, willfully or negligently, unauthorized transmissions.\n\n (d) A photocopy of the station license and a label with the name, address, and telephone number of the\n station licensee and at least one designated control operator is posted in a conspicuous place at the\n station location.\n\n[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991]\n\n\n§ 97.215 Telecommand of model craft.\nAn amateur station transmitting signals to control a model craft may be operated as follows:\n\n (a) The station identification procedure is not required for transmissions directed only to the model craft,\n provided that a label indicating the station call sign and the station licensee's name and address is affixed\n to the station transmitter.\n\n (b) The control signals are not considered codes or ciphers intended to obscure the meaning of the\n communication.\n\n (c) The transmitter power must not exceed 1 W.\n\n[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991]\n\n\n§ 97.217 Telemetry.\nTelemetry transmitted by an amateur station on or within 50 km of the Earth's surface is not considered to be codes\nor ciphers intended to obscure the meaning of communications.\n\n[56 FR 56172, Nov. 1, 1991. Redesignated at 59 FR 18975, Apr. 21, 1994]\n\n\n§ 97.219 Message forwarding system.\n (a) Any amateur station may participate in a message forwarding system, subject to the privileges of the\n class of operator license held.\n\n (b) For stations participating in a message forwarding system, the control operator of the station originating a\n message is primarily accountable for any violation of the rules in this part contained in the message.\n\n (c) Except as noted in (d) of this section, for stations participating in a message forwarding system, the\n control operators of forwarding stations that retransmit inadvertently communications that violate the\n rules in this part are not accountable for the violative communications. They are, however, responsible for\n discontinuing such communications once they become aware of their presence.\n\n (d) For stations participating in a message forwarding system, the control operator of the first forwarding\n station must:\n\n47 CFR 97.219(d) (enhanced display) page 29 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.219(d)(1)\nAmateur Radio Service\n\n\n (1) Authenticate the identity of the station from which it accepts communications on behalf of the\n system; or\n\n (2) Accept accountability for any violation of the rules in this part contained in messages it retransmits\n to the system.\n\n[59 FR 18975, Apr. 21, 1994]\n\n\n§ 97.221 Automatically controlled digital station.\n (a) This rule section does not apply to an auxiliary station, a beacon station, a repeater station, an earth\n station, a space station, or a space telecommand station.\n\n (b) A station may be automatically controlled while transmitting a RTTY or data emission on the 6 m or\n shorter wavelength bands, and on the 28.120–28.189 MHz, 24.925–24.930 MHz, 21.090–21.100 MHz,\n 18.105–18.110 MHz, 14.0950–14.0995 MHz, 14.1005–14.112 MHz, 10.140–10.150 MHz, 7.100–7.105\n MHz, or 3.585–3.600 MHz segments.\n\n (c) Except for channels specified in § 97.303(h), a station may be automatically controlled while transmitting\n a RTTY or data emission on any other frequency authorized for such emission types provided that:\n\n (1) The station is responding to interrogation by a station under local or remote control; and\n\n (2) No transmission from the automatically controlled station occupies a bandwidth of more than 500\n Hz.\n\n[60 FR 26001, May 16, 1995, as amended at 72 FR 3082, Jan. 24, 2007; 77 FR 5412, Feb. 3, 2012]\n\n\nSubpart D—Technical Standards\n§ 97.301 Authorized frequency bands.\nThe following transmitting frequency bands are available to an amateur station located within 50 km of the Earth's\nsurface, within the specified ITU Region, and outside any area where the amateur service is regulated by any\nauthority other than the FCC.\n\n (a) For a station having a control operator who has been granted a Technician, General, Advanced, or Amateur\n Extra Class operator license or who holds a CEPT radio-amateur license or IARP of any class:\n\n Sharing\n requirements\n Wavelength band ITU Region 1 ITU Region 2 ITU Region 3\n see § 97.303\n (paragraph)\n VHF MHz MHz MHz\n 6m 50–54 50–54 (a).\n 2m 144–146 144–148 144–148 (a), (k).\n 1.25 m 219–220 (l).\n Do 222–225 (a).\n UHF MHz MHz MHz\n 70 cm 430–440 420–450 430–440 (a), (b), (m).\n\n47 CFR 97.301(a) (enhanced display) page 30 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.301(b)\nAmateur Radio Service\n\n\n Sharing\n requirements\n Wavelength band ITU Region 1 ITU Region 2 ITU Region 3\n see § 97.303\n (paragraph)\n 33 cm 902–928 (a), (b), (e), (n).\n 23 cm 1240–1300 1240–1300 1240–1300 (b), (d), (o).\n 13 cm 2300–2310 2300–2310 2300–2310 (d), (p).\n Do 2390–2450 2390–2450 2390–2450 (d), (e), (p).\n SHF GHz GHz GHz\n 5 cm 5.650–5.850 5.650–5.925 5.650–5.850 (a), (b), (e), (r).\n 3 cm 10.0–10.5 10.0–10.5 10.0–10.5 (a), (b), (k).\n 1.2 cm 24.00–24.25 24.00–24.25 24.00–24.25 (b), (d), (e).\n EHF GHz GHz GHz\n 6 mm 47.0–47.2 47.0–47.2 47.0–47.2\n 4 mm 76–81 76–81 76–81 (c), (f), (s).\n 2.5 mm 122.25–123.00 122.25–123.00 122.25–123.00 (e), (t).\n 2 mm 134–141 134–141 134–141 (c), (f).\n 1 mm 241–250 241–250 241–250 (c), (e), (f).\n Above 275 Above 275 Above 275 (f).\n\n\n (b) For a station having a control operator who has been granted an Amateur Extra Class operator license,\n who holds a CEPT radio amateur license, or who holds a Class 1 IARP license:\n\n Sharing requirements see § 97.303\n Wavelength band ITU Region 1 ITU Region 2 ITU Region 3\n (paragraph)\n LF kHz kHz kHz\n 2200 m 135.7–137.8 135.7–137.8 135.7–137.8 (a), (g).\n\n\n Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303\n MF kHz kHz kHz (paragraph)\n 160 m 1810–1850 1800–2000 1800–2000 (a)\n 630 m 472–479 472–479 472–479 (g).\n\n\n HF MHz MHz MHz\n 80 m 3.500–3.600 3.500–3.600 3.500–3.600 (a)\n 75 m 3.600–3.800 3.600–4.000 3.600–3.900 (a)\n 60 m See § 97.303(h) (h)\n 40 m 7.000–7.200 7.000–7.300 7.000–7.200 (i)\n 30 m 10.100–10.150 10.100–10.150 10.100–10.150 (j)\n 20 m 14.000–14.350 14.000–14.350 14.000–14.350\n 17 m 18.068–18.168 18.068–18.168 18.068–18.168\n 15 m 21.000–21.450 21.000–21.450 21.000–21.450\n\n\n47 CFR 97.301(b) (enhanced display) page 31 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.301(c)\nAmateur Radio Service\n\n\n HF MHz MHz MHz\n 12 m 24.890–24.990 24.890–24.990 24.890–24.990\n 10 m 28.000–29.700 28.000–29.700 28.000–29.700\n\n\n (c) For a station having a control operator who has been granted an operator license of Advanced Class:\n\n Sharing requirements see § 97.303\n Wavelength band ITU Region 1 ITU Region 2 ITU Region 3\n (paragraph)\n LF kHz kHz kHz\n 2200 m 135.7–137.8 135.7–137.8 135.7–137.8 (a), (g).\n\n\n Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303\n MF kHz kHz kHz (Paragraph)\n 160 m 1810–1850 1800–2000 1800–2000 (a)\n 630 m 472–479 472–479 472–479 (g).\n\n\n HF MHz MHz MHz\n 80 m 3.525–3.600 3.525–3.600 3.525–3.600 (a)\n 75 m 3.700–3.800 3.700–4.000 3.700–3.900 (a)\n 60 m See § 97.303(h) (h)\n 40 m 7.025–7.200 7.025–7.300 7.025–7.200 (i)\n 30 m 10.100–10.150 10.100–10.150 10.100–10.150 (j)\n 20 m 14.025–14.150 14.025–14.150 14.025–14.150\n Do 14.175–14.350 14.175–14.350 14.175–14.350\n 17 m 18.068–18.168 18.068–18.168 18.068–18.168\n 15 m 21.025–21.200 21.025–21.200 21.025–21.200\n Do 21.225–21.450 21.225–21.450 21.225–21.450\n 12 m 24.890–24.990 24.890–24.990 24.890–24.990\n 10 m 28.000–29.700 28.000–29.700 28.000–29.700\n\n\n\n\n47 CFR 97.301(c) (enhanced display) page 32 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.301(d)\nAmateur Radio Service\n\n\n (d) For a station having a control operator who has been granted an operator license of General Class:\n\n Sharing requirements see § 97.303\n Wavelength band ITU Region 1 ITU Region 2 ITU Region 3\n (paragraph)\n LF kHz kHz kHz\n 2200 m 135.7–137.8 135.7–137.8 135.7–137.8 (a), (g).\n\n\n Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303\n MF kHz kHz kHz (paragraph)\n 160 m 1810–1850 1800–2000 1800–2000 (a)\n 630 m 472–479 472–479 472–479 (g).\n\n\n HF MHz MHz MHz\n 80 m 3.525–3.600 3.525–3.600 3.525–3.600 (a)\n 75 m 3.800–4.000 3.800–3.900 (a)\n 60 m See § 97.303(h) (h)\n 40 m 7.025–7.125 7.025–7.125 7.025–7.125 (i)\n Do 7.175–7.200 7.175–7.300 7.175–7.200 (i)\n 30 m 10.100–10.150 10.100–10.150 10.100–10.150 (j)\n 20 m 14.025–14.150 14.025–14.150 14.025–14.150\n Do 14.225–14.350 14.225–14.350 14.225–14.350\n 17 m 18.068–18.168 18.068–18.168 18.068–18.168\n 15 m 21.025–21.200 21.025–21.200 21.025–21.200\n Do 21.275–21.450 21.275–21.450 21.275–21.450\n 12 m 24.890–24.990 24.890–24.990 24.890–24.990\n 10 m 28.000–29.700 28.000–29.700 28.000–29.700\n\n\n (e) For a station having a control operator who has been granted an operator license of Novice Class or\n Technician Class:\n\n Wavelength Sharing requirements see §\n ITU region 1 ITU region 2 ITU region 3\n band 97.303\n HF MHz MHz MHz (paragraph)\n 80 m 3.525–3.600 3.525–3.600 3.525–3.600 (a)\n 40 m 7.025–7.125 7.025–7.125 7.025–7.125 (i)\n 15 m 21.025–21.200 21.025–21.200 21.025–21.200\n 10 m 28.0–28.5 28.0–28.5 28.0–28.5\n\n\n VHF MHz MHz MHz\n 1.25 m 222–225 (a)\n\n\n\n\n47 CFR 97.301(e) (enhanced display) page 33 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.303\nAmateur Radio Service\n\n\n UHF MHz MHz MHz\n 23 cm 1270–1295 1270–1295 1270–1295 (d), (o)\n\n\n[75 FR 27201, May 14, 2010, as amended at 75 FR 78171, Dec. 15, 2010; 80 FR 38911, July 7, 2015; 82 FR 27214, June 14, 2017;\n85 FR 64068, Oct. 9, 2020]\n\n\n§ 97.303 Frequency sharing requirements.\nThe following paragraphs summarize the frequency sharing requirements that apply to amateur stations\ntransmitting in the frequency bands specified in § 97.301 of this part. Each frequency band allocated to the amateur\nservice is designated as either a secondary service or a primary service. A station in a secondary service must not\ncause harmful interference to, and must accept interference from, stations in a primary service.\n\n (a) Where, in adjacent ITU Regions or sub-Regions, a band of frequencies is allocated to different services of\n the same category (i.e., primary or secondary services), the basic principle is the equality of right to\n operate. Accordingly, stations of each service in one Region or sub-Region must operate so as not to\n cause harmful interference to any service of the same or higher category in the other Regions or sub-\n Regions.\n\n (b) Amateur stations transmitting in the 70 cm band, the 33 cm band, the 23 cm band, the 5 cm band, the 3\n cm band, or the 24.05–24.25 GHz segment must not cause harmful interference to, and must accept\n interference from, stations authorized by the United States Government in the radiolocation service.\n\n (c) Amateur stations transmitting in the 76–81 GHz segment, the 136–141 GHz segment, or the 241–248\n GHz segment must not cause harmful interference to, and must accept interference from, stations\n authorized by the United States Government, the FCC, or other nations in the radiolocation service.\n\n (d) Amateur stations transmitting in the 430–450 MHz segment, the 23 cm band, the 3.3–3.4 GHz segment,\n the 5.65–5.85 GHz segment, the 13 cm band, or the 24.05–24.25 GHz segment, must not cause harmful\n interference to, and must accept interference from, stations authorized by other nations in the\n radiolocation service.\n\n (e) Amateur stations receiving in the 33 cm band, the 2400–2450 MHz segment, the 5.725–5.875 GHz\n segment, the 1.2 cm band, the 2.5 mm band, or the 244–246 GHz segment must accept interference from\n industrial, scientific, and medical (ISM) equipment.\n\n (f) Amateur stations transmitting in the following segments must not cause harmful interference to radio\n astronomy stations: 76–81 GHz, 136–141 GHz, 241–248 GHz, 275–323 GHz, 327–371 GHz, 388–424\n GHz, 426–442 GHz, 453–510 GHz, 623–711 GHz, 795–909 GHz, or 926–945 GHz. In addition, amateur\n stations transmitting in the following segments must not cause harmful interference to stations in the\n Earth exploration-satellite service (passive) or the space research service (passive): 275–286 GHz,\n 296–306 GHz, 313–356 GHz, 361–365 GHz, 369–392 GHz, 397–399 GHz, 409–411 GHz, 416–434 GHz,\n 439–467 GHz, 477–502 GHz, 523–527 GHz, 538–581 GHz, 611–630 GHz, 634–654 GHz, 657–692 GHz,\n 713–718 GHz, 729–733 GHz, 750–754 GHz, 771–776 GHz, 823–846 GHz, 850–854 GHz, 857–862 GHz,\n 866–882 GHz, 905–928 GHz, 951–956 GHz, 968–973 GHz and 985–990 GHz.\n\n (g) In the 2200 m and 630 m bands:\n\n\n\n\n47 CFR 97.303(g) (enhanced display) page 34 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.303(g)(1)\nAmateur Radio Service\n\n\n (1) Amateur stations in the 135.7–137.8 kHz (2200 m) and 472–479 kHz (630 m) bands shall only\n operate at fixed locations. Amateur stations shall not operate within a horizontal distance of one\n kilometer from a transmission line that conducts a power line carrier (PLC) signal in the 135.7–137.8\n kHz or 472–479 kHz bands. Horizontal distance is measured from the station's antenna to the\n closest point on the transmission line.\n\n (2) Prior to commencement of operations in the 135.7–137.8 kHz (2200 m) and/or 472–479 kHz (630\n m) bands, amateur operators shall notify the Utilities Telecom Council (UTC) of their intent to\n operate by submitting their call signs, intended band or bands of operation, and the coordinates of\n their antenna's fixed location. Amateur stations will be permitted to commence operations after the\n 30-day period unless UTC notifies the station that its fixed location is located within one kilometer of\n PLC systems operating in the same or overlapping frequencies.\n\n (3) Amateur stations in the 135.7–137.8 kHz (2200 m) band shall not cause harmful interference to, and\n shall accept interference from:\n\n (i) Stations authorized by the United States Government in the fixed and maritime mobile services;\n\n (ii) Stations authorized by other nations in the fixed, maritime mobile, and radionavigation service.\n\n (4) Amateur stations in the 472–479 kHz (630 m) band shall not cause harmful interference to, and shall\n accept interference from:\n\n (i) Stations authorized by the FCC in the maritime mobile service;\n\n (ii) Stations authorized by other nations in the maritime mobile and aeronautical radionavigation\n services.\n\n (5) Amateur stations causing harmful interference shall take all necessary measures to eliminate such\n interference—including temporary or permanent termination of transmissions.\n\n (h) 60 m band:\n\n\n\n\n47 CFR 97.303(h) (enhanced display) page 35 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.303(h)(1)\nAmateur Radio Service\n\n\n (1) In the 5330.5–5406.4 kHz band (60 m band), amateur stations may transmit only on the five center\n frequencies specified in the table below. In order to meet this requirement, control operators of\n stations transmitting phone, data, and RTTY emissions (emission designators 2K80J3E, 2K80J2D,\n and 60H0J2B, respectively) may set the carrier frequency 1.5 kHz below the center frequency as\n specified in the table below. For CW emissions (emission designator 150HA1A), the carrier\n frequency is set to the center frequency. Amateur operators shall ensure that their emissions do not\n occupy more than 2.8 kHz centered on each of these center frequencies.\n\n\n 60 M Band Frequencies (kHz)\n\n Carrier Center\n 5330.5 5332.0\n 5346.5 5348.0\n 5357.0 5358.5\n 5371.5 5373.0\n 5403.5 5405.0\n\n\n (2) Amateur stations transmitting on the 60 m band must not cause harmful interference to, and must\n accept interference from, stations authorized by:\n\n (i) The United States (NTIA and FCC) and other nations in the fixed service; and\n\n (ii) Other nations in the mobile except aeronautical mobile service.\n\n (i) Amateur stations transmitting in the 7.2–7.3 MHz segment must not cause harmful interference to, and\n must accept interference from, international broadcast stations whose programming is intended for use\n within Region 1 or Region 3.\n\n (j) Amateur stations transmitting in the 30 m band must not cause harmful interference to, and must accept\n interference from, stations by other nations in the fixed service. The licensee of the amateur station must\n make all necessary adjustments, including termination of transmissions, if harmful interference is\n caused.\n\n (k) For amateur stations located in ITU Regions 1 and 3: Amateur stations transmitting in the 146–148 MHz\n segment or the 10.00–10.45 GHz segment must not cause harmful interference to, and must accept\n interference from, stations of other nations in the fixed and mobile services.\n\n (l) In the 219–220 MHz segment:\n\n (1) Use is restricted to amateur stations participating as forwarding stations in fixed point-to-point\n digital message forwarding systems, including intercity packet backbone networks. It is not available\n for other purposes.\n\n (2) Amateur stations must not cause harmful interference to, and must accept interference from,\n stations authorized by:\n\n (i) The FCC in the Automated Maritime Telecommunications System (AMTS), the 218–219 MHz\n Service, and the 220 MHz Service, and television stations broadcasting on channels 11 and 13;\n and\n\n (ii) Other nations in the fixed and maritime mobile services.\n\n47 CFR 97.303(l)(2)(ii) (enhanced display) page 36 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.303(l)(3)\nAmateur Radio Service\n\n\n (3) No amateur station may transmit unless the licensee has given written notification of the station's\n specific geographic location for such transmissions in order to be incorporated into a database that\n has been made available to the public. The notification must be given at least 30 days prior to\n making such transmissions. The notification must be given to: The American Radio Relay League,\n Inc., 225 Main Street, Newington, CT 06111–1494.\n\n (4) No amateur station may transmit from a location that is within 640 km of an AMTS coast station that\n operates in the 217–218 MHz and 219–220 MHz bands unless the amateur station licensee has\n given written notification of the station's specific geographic location for such transmissions to the\n AMTS licensee. The notification must be given at least 30 days prior to making such transmissions.\n The location of AMTS coast stations using the 217–218/219–220 MHz channels may be obtained\n as noted in paragraph (l)(3) of this section.\n\n (5) No amateur station may transmit from a location that is within 80 km of an AMTS coast station that\n uses frequencies in the 217–218 MHz and 219–220 MHz bands unless that amateur station\n licensee holds written approval from that AMTS licensee. The location of AMTS coast stations using\n the 217–218/219–220 MHz channels may be obtained as noted in paragraph (l)(3) of this section.\n\n (m) In the 70 cm band:\n\n (1) No amateur station shall transmit from north of Line A in the 420–430 MHz segment. See § 97.3(a)\n for the definition of Line A.\n\n (2) Amateur stations transmitting in the 420–430 MHz segment must not cause harmful interference to,\n and must accept interference from, stations authorized by the FCC in the land mobile service within\n 80.5 km of Buffalo, Cleveland, and Detroit. See § 2.106, footnote US230 for specific frequencies and\n coordinates.\n\n (3) Amateur stations transmitting in the 420–430 MHz segment or the 440–450 MHz segment must not\n cause harmful interference to, and must accept interference from, stations authorized by other\n nations in the fixed and mobile except aeronautical mobile services.\n\n (n) In the 33 cm band:\n\n (1) Amateur stations must not cause harmful interference to, and must accept interference from,\n stations authorized by:\n\n (i) The United States Government;\n\n (ii) The FCC in the Location and Monitoring Service; and\n\n (iii) Other nations in the fixed service.\n\n (2) No amateur station shall transmit from those portions of Texas and New Mexico that are bounded by\n latitudes 31°41′ and 34°30′ North and longitudes 104°11′ and 107°30′ West; or from outside of the\n United States and its Region 2 insular areas.\n\n (3) No amateur station shall transmit from those portions of Colorado and Wyoming that are bounded\n by latitudes 39° and 42° North and longitudes 103° and 108° West in the following segments:\n 902.4–902.6 MHz, 904.3–904.7 MHz, 925.3–925.7 MHz, and 927.3–927.7 MHz.\n\n (o) Amateur stations transmitting in the 23 cm band must not cause harmful interference to, and must accept\n interference from, stations authorized by:\n\n\n\n47 CFR 97.303(o) (enhanced display) page 37 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.303(o)(1)\nAmateur Radio Service\n\n\n (1) The United States Government in the aeronautical radionavigation, Earth exploration-satellite (active),\n or space research (active) services;\n\n (2) The FCC in the aeronautical radionavigation service; and\n\n (3) Other nations in the Earth exploration-satellite (active), radionavigation-satellite (space-to-Earth)\n (space-to-space), or space research (active) services.\n\n (p) In the 13 cm band:\n\n (1) Amateur stations must not cause harmful interference to, and must accept interference from,\n stations authorized by other nations in fixed and mobile services.\n\n (2) Amateur stations transmitting in the 2305–2310 MHz segment must not cause harmful interference\n to, and must accept interference from, stations authorized by the FCC in the fixed, mobile except\n aeronautical mobile, and radiolocation services.\n\n (q) [Reserved]\n\n (r) In the 5 cm band:\n\n (1) Amateur stations transmitting in the 5.650–5.725 GHz segment must not cause harmful interference\n to, and must accept interference from, stations authorized by other nations in the mobile except\n aeronautical mobile service.\n\n (2) Amateur stations transmitting in the 5.850–5.925 GHz segment must not cause harmful interference\n to, and must accept interference from, stations authorized by the FCC and other nations in the fixed-\n satellite (Earth-to-space) and mobile services and also stations authorized by other nations in the\n fixed service. In the United States, the use of mobile service is restricted to Dedicated Short Range\n Communications operating in the Intelligent Transportation System.\n\n (s) [Reserved]\n\n (t) Amateur stations transmitting in the 2.5 mm band must not cause harmful interference to, and must\n accept interference from, stations authorized by the United States Government, the FCC, or other nations\n in the fixed, inter-satellite, or mobile services.\n\n\n Note to § 97.303: The Table of Frequency Allocations contains the complete, unabridged, and\n legally binding frequency sharing requirements that pertain to the Amateur Radio Service. See 47\n CFR 2.104, 2.105, and 2.106. The United States, Puerto Rico, and the U.S. Virgin Islands are in\n Region 2 and other U.S. insular areas are in either Region 2 or 3; see appendix 1 to part 97.\n\n\n[75 FR 27203, May 14, 2010, as amended at 77 FR 5412, Feb. 3, 2012; 80 FR 38912, July 7, 2015; 82 FR 27215, June 14, 2017; 82\nFR 43872, Sept. 20, 2017; 85 FR 64068, Oct. 9, 2020]\n\n\n§ 97.305 Authorized emission types.\n (a) Except as specified elsewhere in this part, an amateur station may transmit a CW emission on any\n frequency authorized to the control operator.\n\n\n\n\n47 CFR 97.305(a) (enhanced display) page 38 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.305(b)\nAmateur Radio Service\n\n\n (b) A station may transmit a test emission on any frequency authorized to the control operator for brief\n periods for experimental purposes, except that no pulse modulation emission may be transmitted on any\n frequency where pulse is not specifically authorized and no SS modulation emission may be transmitted\n on any frequency where SS is not specifically authorized.\n\n (c) A station may transmit the following emission types on the frequencies indicated, as authorized to the\n control operator, subject to the standards specified in § 97.307(f):\n\n Standards see §\n Wavelength\n Frequencies Emission types authorized 97.307,\n band\n paragraph(s):\n (1) LF:\n (i) 2200 Entire band RTTY, data (f)(3).\n m\n (ii) 2200 Entire band Phone, image (f)(1), (2).\n m\n (2) MF:\n (i) 630 m Entire band RTTY, data (f)(3).\n (ii) 630 m Entire band Phone, image (f)(1), (2).\n (iii) 160 Entire band RTTY, data (f)(3).\n m\n (iv) 160 Entire band Phone, image (f)(1), (2).\n m\n (3) HF:\n (i) 80 m Entire band RTTY, data (f)(3), (9).\n (ii) 75 m Entire band Phone, image (f)(1), (2).\n (iii) 60 m 5.332, 5.348, 5.3585, 5.373 and Phone, RTTY, data (f)(14).\n 5.405 MHz\n (iv) 40 m 7.000–7.100 MHz RTTY, data (f)(3), (9).\n (v) 40 m 7.075–7.100 MHz Phone, image (f)(1), (2), (9), (11).\n (vi) 40 m 7.100–7.125 MHz RTTY, data (f)(3), (9).\n (vii) 40 m 7.125–7.300 MHz Phone, image (f)(1), (2).\n (viii) 30 Entire band RTTY, data (f)(3).\n m\n (ix) 20 m 14.00–14.15 MHz RTTY, data (f)(3).\n (x) 20 m 14.15–14.35 MHz Phone, image (f)(1), (2).\n (xi) 17 m 18.068–18.110 MHz RTTY, data (f)(3).\n (xii) 17 m 18.110–18.168 MHz Phone, image (f)(1), (2).\n (xiii) 15 21.0–21.2 MHz RTTY, data (f)(3), (9).\n m\n (xiv) 15 21.20–21.45 MHz Phone, image (f)(1), (2).\n m\n (xv) 12 m 24.89–24.93 MHz RTTY, data (f)(3).\n (xvi) 12 24.93–24.99 MHz Phone, image (f)(1), (2).\n\n\n47 CFR 97.305(c) (enhanced display) page 39 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.305(c)\nAmateur Radio Service\n\n\n Standards see §\n Wavelength\n Frequencies Emission types authorized 97.307,\n band\n paragraph(s):\n m\n (xvii) 10 28.0–28.3 MHz RTTY, data (f)(3).\n m\n (xviii) 10 28.3–28.5 MHz Phone, image (f)(1), (2), (10).\n m\n (xix) 10 28.5–29.0 MHz Phone, image (f)(1), (2).\n m\n (xx) 10 m 29.0–29.7 MHz Phone, image (f)(2).\n (4) VHF:\n (i) 6 m 50.1–51.0 MHz MCW, phone, image, RTTY, data (f)(2), (5).\n (ii) 6 m 51.0–54.0 MHz MCW, phone, image, RTTY, data, (f)(2), (5), (8).\n test\n (iii) 2 m 144.1–148.0 MHz MCW, phone, image, RTTY, data, (f)(2), (5), (8).\n test\n (iv) 1.25 219–220 MHz Data (f)(13).\n m\n (v) 222–225 MHz RTTY, data, test MCW, phone, SS, (f)(2), (6), (8).\n 1.25m image\n (5) UHF:\n (i) 70 cm Entire band MCW, phone, image, RTTY, data, SS, (f)(6), (8).\n test\n (ii) 33 cm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (iii) 23 Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n cm test (12).\n (iv) 13 Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n cm test, pulse (12).\n (6) SHF:\n (i) 5 cm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (ii) 3 cm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test (12).\n (iii) 1.2 Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n cm test, pulse (12).\n (7) EHF:\n (i) 6 mm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (ii) 4 mm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (iii) 2.5 Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n mm test, pulse (12).\n\n\n47 CFR 97.305(c) (enhanced display) page 40 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.307\nAmateur Radio Service\n\n\n Standards see §\n Wavelength\n Frequencies Emission types authorized 97.307,\n band\n paragraph(s):\n (iv) 2 mm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (v) 1 mm Entire band MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n (vi) 1 mm Above 275 GHz MCW, phone, image, RTTY, data, SS, (f)(7), (8), and\n test, pulse (12).\n\n\n[54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989; 55 FR 22013, May 30, 1990, as amended at 55 FR 30457, July 26,\n1990; 60 FR 15688, Mar. 27, 1995; 64 FR 51471, Sept. 23, 1999; 71 FR 66465, Nov. 15, 2006; 75 FR 27204, May 14, 2010; 77 FR\n5412, Feb. 3, 2012; 82 FR 27215, June 14, 2017; 85 FR 64069, Oct. 9, 2020; 88 FR 85127, Dec. 7, 2023]\n\n\n§ 97.307 Emission standards.\n (a) No amateur station transmission shall occupy more bandwidth than necessary for the information rate\n and emission type being transmitted, in accordance with good amateur practice.\n\n (b) Emissions resulting from modulation must be confined to the band or segment available to the control\n operator. Emissions outside the necessary bandwidth must not cause splatter or keyclick interference to\n operations on adjacent frequencies.\n\n (c) All spurious emissions from a station transmitter must be reduced to the greatest extent practicable. If\n any spurious emission, including chassis or power line radiation, causes harmful interference to the\n reception of another radio station, the licensee of the interfering amateur station is required to take steps\n to eliminate the interference, in accordance with good engineering practice.\n\n (d) For transmitters installed after January 1, 2003, the mean power of any spurious emission from a station\n transmitter or external RF power amplifier transmitting on a frequency below 30 MHz must be at least 43\n dB below the mean power of the fundamental emission. For transmitters installed on or before January 1,\n 2003, the mean power of any spurious emission from a station transmitter or external RF power amplifier\n transmitting on a frequency below 30 MHz must not exceed 50 mW and must be at least 40 dB below the\n mean power of the fundamental emission. For a transmitter of mean power less than 5 W installed on or\n before January 1, 2003, the attenuation must be at least 30 dB. A transmitter built before April 15, 1977, or\n first marketed before January 1, 1978, is exempt from this requirement.\n\n (e) The mean power of any spurious emission from a station transmitter or external RF power amplifier\n transmitting on a frequency between 30–225 MHz must be at least 60 dB below the mean power of the\n fundamental. For a transmitter having a mean power of 25 W or less, the mean power of any spurious\n emission supplied to the antenna transmission line must not exceed 25 µW and must be at least 40 dB\n below the mean power of the fundamental emission, but need not be reduced below the power of 10 µW.\n A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this\n requirement.\n\n (f) The following standards and limitations apply to transmissions on the frequencies specified in §\n 97.305(c).\n\n (1) No angle-modulated emission may have a modulation index greater than 1 at the highest modulation\n frequency.\n\n\n47 CFR 97.307(f)(1) (enhanced display) page 41 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.307(f)(2)\nAmateur Radio Service\n\n\n (2) No non-phone emission shall exceed the bandwidth of a communications quality phone emission of\n the same modulation type. The total bandwidth of an independent sideband emission (having B as\n the first symbol), or a multiplexed image and phone emission, shall not exceed that of a\n communications quality A3E emission.\n\n (3) Only a RTTY or data emission using a specified digital code listed in § 97.309(a) may be transmitted.\n The authorized bandwidth is 2.8 kHz except in the 2200 m band and 630 m band. In the 2200 m\n band and the 630 m band the symbol rate must not exceed 300 bauds, or for frequency-shift keying,\n the frequency shift between mark and space must not exceed 1 kHz.\n\n (4) [Reserved]\n\n (5) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) may be\n transmitted. The symbol rate must not exceed 19.6 kilobauds. A RTTY, data or multiplexed emission\n using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted.\n The authorized bandwidth is 20 kHz.\n\n (6) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) may be\n transmitted. The symbol rate must not exceed 56 kilobauds. A RTTY, data or multiplexed emission\n using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted.\n The authorized bandwidth is 100 kHz.\n\n (7) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) or an\n unspecified digital code under the limitations listed in § 97.309(b) may be transmitted.\n\n (8) A RTTY or data emission having designators with A, B, C, D, E, F, G, H, J or R as the first symbol; 1, 2,\n 7, 9 or X as the second symbol; and D or W as the third symbol is also authorized.\n\n (9) A station having a control operator holding a Novice or Technician Class operator license may only\n transmit a CW emission using the international Morse code.\n\n (10) A station having a control operator holding a Novice Class operator license or a Technician Class\n operator license may only transmit a CW emission using the international Morse code or phone\n emissions J3E and R3E.\n\n (11) Phone and image emissions may be transmitted only by stations located in ITU Regions 1 and 3, and\n by stations located within ITU Region 2 that are west of 130° West longitude or south of 20° North\n latitude.\n\n (12) Emission F8E may be transmitted.\n\n (13) A data emission using an unspecified digital code under the limitations listed in § 97.309(b) also\n may be transmitted. The authorized bandwidth is 100 kHz.\n\n (14) In the 60 m band:\n\n (i) A station may transmit only phone, RTTY, data, and CW emissions using the emission\n designators and any additional restrictions that are specified in the table below (except that the\n use of a narrower necessary bandwidth is permitted):\n\n\n\n\n47 CFR 97.307(f)(14)(i) (enhanced display) page 42 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.307(f)(14)(ii)\nAmateur Radio Service\n\n\n Table 1 to Paragraph (f)(14)(i)—60 M Band Emission Requirements\n\n Emission type Emission designator Restricted to:\n Phone 2K80J3E Upper sideband transmissions (USB).\n Data 2K80J2D USB (for example, PACTOR–III).\n RTTY 60H0J2B USB (for example, PSK31).\n CW 150HA1A Morse telegraphy by means of on-off keying.\n\n\n (ii) The following requirements also apply:\n\n (A) When transmitting the phone, RTTY, and data emissions, the suppressed carrier frequency\n may be set as specified in § 97.303(h).\n\n (B) The control operator of a station transmitting data or RTTY emissions must exercise care\n to limit the length of transmission so as to avoid causing harmful interference to United\n States Government stations.\n\n[54 FR 25857, June 20, 1989; 54 FR 30823, July 24, 1989, as amended at 54 FR 39537, Sept. 27, 1989; 60 FR 15688, Mar. 27,\n1995; 65 FR 6550, Feb. 10, 2000; 69 FR 24997, May 5, 2004; 77 FR 5412, Feb. 3, 2012; 79 FR 35291, June 20, 2014; 88 FR 85128,\nDec. 7, 2023]\n\n\n§ 97.309 RTTY and data emission codes.\n (a) Where authorized by §§ 97.305(c) and 97.307(f) of the part, an amateur station may transmit a RTTY or\n data emission using the following specified digital codes:\n\n (1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, code defined in ITU–T\n Recommendation F.1, Division C (commonly known as “Baudot”).\n\n (2) The 7-unit code specified in ITU–R Recommendations M.476–5 and M.625–3 (commonly known as\n “AMTOR”).\n\n (3) The 7-unit, International Alphabet No. 5, code defined in IT–-T Recommendation T.50 (commonly\n known as “ASCII”).\n\n (4) An amateur station transmitting a RTTY or data emission using a digital code specified in this\n paragraph may use any technique whose technical characteristics have been documented publicly,\n such as CLOVER, G-TOR, or PacTOR, for the purpose of facilitating communications.\n\n (b) Where authorized by §§ 97.305(c) and 97.307(f), a station may transmit a RTTY or data emission using an\n unspecified digital code, except to a station in a country with which the United States does not have an\n agreement permitting the code to be used. RTTY and data emissions using unspecified digital codes\n must not be transmitted for the purpose of obscuring the meaning of any communication. When deemed\n necessary by a Regional Director to assure compliance with the FCC Rules, a station must:\n\n (1) Cease the transmission using the unspecified digital code;\n\n (2) Restrict transmissions of any digital code to the extent instructed;\n\n (3) Maintain a record, convertible to the original information, of all digital communications transmitted.\n\n\n\n47 CFR 97.309(b)(3) (enhanced display) page 43 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.311\nAmateur Radio Service\n\n\n[54 FR 25857, June 20, 1989, as amended at 54 FR 39537, Sept. 27, 1989; 56 FR 56172, Nov. 1, 1991; 60 FR 55486, Nov. 1, 1995;\n71 FR 25982, May 3, 2006; 71 FR 66465, Nov. 15, 2006; 80 FR 53753, Sept. 8, 2015]\n\n\n§ 97.311 SS emission types.\n (a) SS emission transmissions by an amateur station are authorized only for communications between points\n within areas where the amateur service is regulated by the FCC and between an area where the amateur\n service is regulated by the FCC and an amateur station in another country that permits such\n communications. SS emission transmissions must not be used for the purpose of obscuring the meaning\n of any communication.\n\n (b) A station transmitting SS emissions must not cause harmful interference to stations employing other\n authorized emissions, and must accept all interference caused by stations employing other authorized\n emissions.\n\n (c) When deemed necessary by a Regional Director to assure compliance with this part, a station licensee\n must:\n\n (1) Cease SS emission transmissions;\n\n (2) Restrict SS emission transmissions to the extent instructed; and\n\n (3) Maintain a record, convertible to the original information (voice, text, image, etc.) of all spread\n spectrum communications transmitted.\n\n[64 FR 51471, Sept. 23, 1999, as amended at 76 FR 17569, Mar. 30, 2011; 80 FR 53753, Sept. 8, 2015]\n\n\n§ 97.313 Transmitter power standards.\n (a) An amateur station must use the minimum transmitter power necessary to carry out the desired\n communications.\n\n (b) No station may transmit with a transmitter power exceeding 1.5 kW PEP.\n\n (c) No station may transmit with a transmitter power output exceeding 200 W PEP:\n\n (1) On the 10.10–10.15 MHz segment;\n\n (2) On the 3.525–3.60 MHz, 7.025–7.125 MHz, 21.025–21.20 MHz, and 28.0–28.5 MHz segment when\n the control operator is a Novice Class operator or a Technician Class operator; or\n\n (3) The 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3.\n\n (d) No station may transmit with a transmitter power exceeding 25 W PEP on the VHF 1.25 m band when the\n control operator is a Novice operator.\n\n (e) No station may transmit with a transmitter power exceeding 5 W PEP on the UHF 23 cm band when the\n control operator is a Novice operator.\n\n (f) No station may transmit with a transmitter power exceeding 50 W PEP on the UHF 70 cm band from an\n area specified in paragraph (a) of footnote US270 in § 2.106, unless expressly authorized by the FCC after\n mutual agreement, on a case-by-case basis, between the Regional Director of the applicable field facility\n and the military area frequency coordinator at the applicable military base. An Earth station or\n telecommand station, however, may transmit on the 435–438 MHz segment with a maximum of 611 W\n\n\n47 CFR 97.313(f) (enhanced display) page 44 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.313(g)\nAmateur Radio Service\n\n\n effective radiated power (1 kW equivalent isotropically radiated power) without the authorization\n otherwise required. The transmitting antenna elevation angle between the lower half-power (−3 dB relative\n to the peak or antenna bore sight) point and the horizon must always be greater than 10°.\n\n (g) No station may transmit with a transmitter power exceeding 50 W PEP on the 33 cm band from within 241\n km of the boundaries of the White Sands Missile Range. Its boundaries are those portions of Texas and\n New Mexico bounded on the south by latitude 31°41′ North, on the east by longitude 104°11′ West, on the\n north by latitude 34°30′ North, and on the west by longitude 107°30′ West.\n\n (h) No station may transmit with a transmitter power exceeding 50 W PEP on the 219–220 MHz segment of\n the 1.25 m band.\n\n (i) No station may transmit with an effective radiated power (ERP) exceeding 100 W PEP on the 60 m band.\n For the purpose of computing ERP, the transmitter PEP will be multiplied by the antenna gain relative to a\n half-wave dipole antenna. A half-wave dipole antenna will be presumed to have a gain of 1 (0 dBd).\n Licensees using other antennas must maintain in their station records either the antenna manufacturer's\n data on the antenna gain or calculations of the antenna gain.\n\n (j) No station may transmit with a transmitter output exceeding 10 W PEP when the station is transmitting a\n SS emission type.\n\n (k) No station may transmit in the 135.7–137.8 kHz (2200 m) band with a transmitter power exceeding 1.5\n kW PEP or a radiated power exceeding 1 W EIRP.\n\n (l) No station may transmit in the 472–479 kHz (630 m) band with a transmitter power exceeding 500 W PEP\n or a radiated power exceeding 5 W EIRP, except that in Alaska, stations located within 800 kilometers of\n the Russian Federation may not transmit with a radiated power exceeding 1 W EIRP.\n\n (m) No station may transmit with a peak equivalent isotropically radiated power (EIRP) exceeding 316 W in the\n 76–81 GHz (4 mm) band.\n\n[54 FR 25857, June 20, 1989, as amended at 56 FR 37161, Aug. 5, 1991; 56 FR 3043, Jan. 28, 1991; 60 FR 15688, Mar. 27, 1995;\n65 FR 6550, Feb. 10, 2000; 71 FR 66465, Nov. 15, 2006; 75 FR 27204, May 14, 2010; 75 FR 78171, Dec. 15, 2010; 76 FR 17569,\nMar. 30, 2011; 77 FR 5413, Feb. 3, 2012; 80 FR 53753, Sept. 8, 2015; 82 FR 27216, June 14, 2017; 82 FR 43872, Sept. 20, 2017]\n\n\n§ 97.315 Certification of external RF power amplifiers.\n (a) Any external RF power amplifier (see § 2.815 of the FCC Rules) manufactured or imported for use at an\n amateur radio station must be certificated for use in the amateur service in accordance with subpart J of\n part 2 of the FCC Rules. No amplifier capable of operation below 144 MHz may be constructed or\n modified by a non-amateur service licensee without a grant of certification from the FCC.\n\n (b) The requirement of paragraph (a) does not apply if one or more of the following conditions are met:\n\n (1) The amplifier is constructed or modified by an amateur radio operator for use at an amateur station.\n\n (2) The amplifier was manufactured before April 28, 1978, and has been issued a marketing waiver by\n the FCC, or the amplifier was purchased before April 28, 1978, by an amateur radio operator for use\n at that operator's station.\n\n (3) The amplifier is sold to an amateur radio operator or to a dealer, the amplifier is purchased in used\n condition by a dealer, or the amplifier is sold to an amateur radio operator for use at that operator's\n station.\n\n47 CFR 97.315(b)(3) (enhanced display) page 45 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.315(c)\nAmateur Radio Service\n\n\n (c) Any external RF power amplifier appearing in the Commission's database as certificated for use in the\n amateur service may be marketed for use in the amateur service.\n\n[71 FR 66465, Nov. 15, 2006]\n\n\n§ 97.317 Standards for certification of external RF power amplifiers.\n (a) To receive a grant of certification, the amplifier must:\n\n (1) Satisfy the spurious emission standards of § 97.307 (d) or (e) of this part, as applicable, when the\n amplifier is operated at the lesser of 1.5 kW PEP or its full output power and when the amplifier is\n placed in the “standby” or “off” positions while connected to the transmitter.\n\n (2) Not be capable of amplifying the input RF power (driving signal) by more than 15 dB gain. Gain is\n defined as the ratio of the input RF power to the output RF power of the amplifier where both power\n measurements are expressed in peak envelope power or mean power.\n\n (3) Exhibit no amplification (0 dB gain) between 26 MHz and 28 MHz.\n\n (b) Certification shall be denied when:\n\n (1) The Commission determines the amplifier can be used in services other than the Amateur Radio\n Service, or\n\n (2) The amplifier can be easily modified to operate on frequencies between 26 MHz and 28 MHz.\n\n[71 FR 66465, Nov. 15, 2006]\n\n\nSubpart E—Providing Emergency Communications\n§ 97.401 Operation during a disaster.\nA station in, or within 92.6 km (50 nautical miles) of, Alaska may transmit emissions J3E and R3E on the channel at\n5.1675 MHz (assigned frequency 5.1689 MHz) for emergency communications. The channel must be shared with\nstations licensed in the Alaska-Private Fixed Service. The transmitter power must not exceed 150 W PEP. A station\nin, or within 92.6 km of, Alaska may transmit communications for tests and training drills necessary to ensure the\nestablishment, operation, and maintenance of emergency communication systems.\n\n[71 FR 66465, Nov. 15, 2006]\n\n\n§ 97.403 Safety of life and protection of property.\nNo provision of these rules prevents the use by an amateur station of any means of radiocommunication at its\ndisposal to provide essential communication needs in connection with the immediate safety of human life and\nimmediate protection of property when normal communication systems are not available.\n\n§ 97.405 Station in distress.\n (a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal\n to attract attention, make known its condition and location, and obtain assistance.\n\n\n\n\n47 CFR 97.405(a) (enhanced display) page 46 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.405(b)\nAmateur Radio Service\n\n\n (b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in\n paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in\n distress.\n\n§ 97.407 Radio amateur civil emergency service.\n (a) No station may transmit in RACES unless it is an FCC-licensed primary, club, or military recreation station\n and it is certified by a civil defense organization as registered with that organization. No person may be\n the control operator of an amateur station transmitting in RACES unless that person holds a FCC-issued\n amateur operator license and is certified by a civil defense organization as enrolled in that organization.\n\n (b) The frequency bands and segments and emissions authorized to the control operator are available to\n stations transmitting communications in RACES on a shared basis with the amateur service. In the event\n of an emergency which necessitates invoking the President's War Emergency Powers under the\n provisions of section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606, amateur\n stations participating in RACES may only transmit on the frequency segments authorized pursuant to part\n 214 of this chapter.\n\n (c) An amateur station registered with a civil defense organization may only communicate with the following\n stations upon authorization of the responsible civil defense official for the organization with which the\n amateur station is registered:\n\n (1) An amateur station registered with the same or another civil defense organization; and\n\n (2) A station in a service regulated by the FCC whenever such communication is authorized by the FCC.\n\n (d) All communications transmitted in RACES must be specifically authorized by the civil defense\n organization for the area served. Only civil defense communications of the following types may be\n transmitted:\n\n (1) Messages concerning impending or actual conditions jeopardizing the public safety, or affecting the\n national defense or security during periods of local, regional, or national civil emergencies;\n\n (2) Messages directly concerning the immediate safety of life of individuals, the immediate protection of\n property, maintenance of law and order, alleviation of human suffering and need, and the combating\n of armed attack or sabotage;\n\n (3) Messages directly concerning the accumulation and dissemination of public information or\n instructions to the civilian population essential to the activities of the civil defense organization or\n other authorized governmental or relief agencies; and\n\n (4) Communications for RACES training drills and tests necessary to ensure the establishment and\n maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil\n defense organization served. Such drills and tests may not exceed a total time of 1 hour per week.\n With the approval of the chief officer for emergency planning in the applicable State, Commonwealth,\n District or territory, however, such tests and drills may be conducted for a period not to exceed 72\n hours no more than twice in any calendar year.\n\n[75 FR 78171, Dec. 15, 2010]\n\n\nSubpart F—Qualifying Examination Systems\n\n\n\n47 CFR 97.407(d)(4) (enhanced display) page 47 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.501\nAmateur Radio Service\n\n\n§ 97.501 Qualifying for an amateur operator license.\nEach applicant must pass an examination for a new amateur operator license grant and for each change in operator\nclass. Each applicant for the class of operator license grant specified below must pass, or otherwise receive\nexamination credit for, the following examination elements:\n\n (a) Amateur Extra Class operator: Elements 2, 3, and 4;\n\n (b) General Class operator: Elements 2 and 3;\n\n (c) Technician Class operator: Element 2.\n\n[65 FR 6550, Feb. 10, 2000, as amended at 72 FR 3082, Jan. 24, 2007]\n\n\n§ 97.503 Element standards.\nA written examination must be such as to prove that the examinee possesses the operational and technical\nqualifications required to perform properly the duties of an amateur service licensee. Each written examination\nmust be comprised of a question set as follows:\n\n (a) Element 2: 35 questions concerning the privileges of a Technician Class operator license. The minimum\n passing score is 26 questions answered correctly.\n\n (b) Element 3: 35 questions concerning the privileges of a General Class operator license. The minimum\n passing score is 26 questions answered correctly.\n\n (c) Element 4: 50 questions concerning the privileges of an Amateur Extra Class operator license. The\n minimum passing score is 37 questions answered correctly.\n\n[54 FR 25857, June 20, 1989, as amended at 61 FR 41019, Aug. 7, 1996; 65 FR 6550, Feb. 10, 2000; 72 FR 3082, Jan. 24, 2007]\n\n\n§ 97.505 Element credit.\n (a) The administering VEs must give credit as specified below to an examinee holding any of the following\n license grants:\n\n Unexpired (or within the Expired and beyond the\n Operator class renewal renewal\n grace period) grace period\n (1) Amateur Extra Not applicable Elements 3 and 4.\n (2) Advanced; General; or Technician granted before Elements 2 and 3 Element 3.\n March 21, 1987\n (3) Technician Plus; or Technician granted on or after Element 2 No credit.\n March 21, 1987\n\n\n (b) The administering VEs must give credit to an examinee holding a CSCE for each element the CSCE\n indicates the examinee passed within the previous 365 days.\n\n[79 FR 35291, June 20, 2014]\n\n\n47 CFR 97.505(b) (enhanced display) page 48 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.507\nAmateur Radio Service\n\n\n§ 97.507 Preparing an examination.\n (a) Each written question set administered to an examinee must be prepared by a VE holding an Amateur\n Extra Class operator license. A written question set may also be prepared for the following elements by a\n VE holding an operator license of the class indicated:\n\n (1) Element 3: Advanced Class operator.\n\n (2) Element 2: Advanced or General class operators.\n\n (b) Each question set administered to an examinee must utilize questions taken from the applicable question\n pool.\n\n (c) Each written question set administered to an examinee for an amateur operator license must be prepared,\n or obtained from a supplier, by the administering VEs according to instructions from the coordinating\n VEC.\n\n[54 FR 25857, June 20, 1989, as amended at 58 FR 29126, May 19, 1993; 59 FR 54834, Nov. 2, 1994; 65 FR 6551, Feb. 10, 2000;\n69 FR 24997, May 5, 2004; 79 FR 35291, June 20, 2014; 79 FR 52226, Sept. 3, 2014]\n\n\n§ 97.509 Administering VE requirements.\n (a) Each examination for an amateur operator license must be administered by a team of at least 3 VEs at an\n examination session coordinated by a VEC. The number of examinees at the session may be limited.\n\n (b) Each administering VE must:\n\n (1) Be accredited by the coordinating VEC;\n\n (2) Be at least 18 years of age;\n\n (3) Be a person who holds an amateur operator license of the class specified below:\n\n (i) Amateur Extra, Advanced or General Class in order to administer a Technician Class operator\n license examination;\n\n (ii) Amateur Extra or Advanced Class in order to administer a General Class operator license\n examination;\n\n (iii) Amateur Extra Class in order to administer an Amateur Extra Class operator license\n examination.\n\n (4) Not be a person whose grant of an amateur station license or amateur operator license has ever\n been revoked or suspended.\n\n (c) Each administering VE must observe the examinee throughout the entire examination. The administering\n VEs are responsible for the proper conduct and necessary supervision of each examination. The\n administering VEs must immediately terminate the examination upon failure of the examinee to comply\n with their instructions.\n\n (d) No VE may administer an examination to his or her spouse, children, grandchildren, stepchildren, parents,\n grandparents, stepparents, brothers, sisters, stepbrothers, stepsisters, aunts, uncles, nieces, nephews, and\n in-laws.\n\n\n\n\n47 CFR 97.509(d) (enhanced display) page 49 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.509(e)\nAmateur Radio Service\n\n\n (e) No VE may administer or certify any examination by fraudulent means or for monetary or other\n consideration including reimbursement in any amount in excess of that permitted. Violation of this\n provision may result in the revocation of the grant of the VE's amateur station license and the suspension\n of the grant of the VE's amateur operator license.\n\n (f) No examination that has been compromised shall be administered to any examinee. The same question\n set may not be re-administered to the same examinee.\n\n (g) [Reserved]\n\n (h) Upon completion of each examination element, the administering VEs must immediately grade the\n examinee's answers. For examinations administered remotely, the administering VEs must grade the\n examinee's answers at the earliest practical opportunity. The administering VEs are responsible for\n determining the correctness of the examinee's answers.\n\n (i) When the examinee is credited for all examination elements required for the operator license sought, 3\n VEs must certify that the examinee is qualified for the license grant and that the VEs have complied with\n these administering VE requirements. The certifying VEs are jointly and individually accountable for the\n proper administration of each examination element reported. The certifying VEs may delegate to other\n qualified VEs their authority, but not their accountability, to administer individual elements of an\n examination.\n\n (j) When the examinee does not score a passing grade on an examination element, the administering VEs\n must return the application document to the examinee and inform the examinee of the grade.\n\n (k) The administering VEs must accommodate an examinee whose physical disabilities require a special\n examination procedure. The administering VEs may require a physician's certification indicating the\n nature of the disability before determining which, if any, special procedures must be used.\n\n (l) The administering VEs must issue a CSCE to an examinee who scores a passing grade on an examination\n element.\n\n (m) After the administration of a successful examination for an amateur operator license, the administering\n VEs must submit the application document to the coordinating VEC according to the coordinating VEC's\n instructions.\n\n[59 FR 54834, Nov. 2, 1994, as amended at 61 FR 9953, Mar. 12, 1996; 62 FR 17567, Apr. 10, 1997; 63 FR 68980, Dec. 14, 1998; 65\nFR 6551, Feb. 10, 2000; 71 FR 66465, Nov. 15, 2006; 79 FR 35291. June 20, 2014]\n\n\n§ 97.511 Examinee conduct.\nEach examinee must comply with the instructions given by the administering VEs.\n\n[59 FR 54835, Nov. 2, 1994]\n\n\n§ 97.513 VE session manager requirements.\n (a) A VE session manager may be selected by the VE team for each examination session. The VE session\n manager must be accredited as a VE by the same VEC that coordinates the examination session. The VE\n session manager may serve concurrently as an administering VE.\n\n (b) The VE session manager may carry on liaison functions between the VE team and the coordinating VEC.\n\n\n47 CFR 97.513(b) (enhanced display) page 50 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.513(c)\nAmateur Radio Service\n\n\n (c) The VE session manager may organize activities at an examination session.\n\n[62 FR 17567, Apr. 10, 1997, as amended at 79 FR 35291, June 20, 2014]\n\n\n§§ 97.515-97.517 [Reserved]\n§ 97.519 Coordinating examination sessions.\n (a) A VEC must coordinate the efforts of VEs in preparing and administering examinations.\n\n (b) At the completion of each examination session, the coordinating VEC must collect applicant information\n and test results from the administering VEs. The coordinating VEC must:\n\n (1) Screen collected information;\n\n (2) Resolve all discrepancies and verify that the VEs' certifications are properly completed; and\n\n (3) For qualified examinees, forward electronically all required data to the FCC. All data forwarded must\n be retained for at least 15 months and must be made available to the FCC upon request.\n\n (c) Each VEC must make any examination records available to the FCC, upon request\n\n (d) The FCC may:\n\n (1) Administer any examination element itself;\n\n (2) Readminister any examination element previously administered by VEs, either itself or under the\n supervision of a VEC or VEs designated by the FCC; or\n\n (3) Cancel the operator/primary station license of any licensee who fails to appear for readministration\n of an examination when directed by the FCC, or who does not successfully complete any required\n element that is readministered. In an instancce of such cancellation, the person will be granted an\n operator/primary station license consistent with completed examination elements that have not\n been invalidated by not appearing for, or by failing, the examination upon readministration.\n\n[54 FR 25857, June 20, 1989, as amended at 59 FR 54835, Nov. 2, 1994; 62 FR 17567, Apr. 10, 1997; 63 FR 68981, Dec. 14, 1998;\n71 FR 66465, Nov. 15, 2006; 79 FR 35291, June 20, 2014]\n\n\n§ 97.521 VEC qualifications.\nNo organization may serve as a VEC unless it has entered into a written agreement with the FCC. The VEC must\nabide by the terms of the agreement. In order to be eligible to be a VEC, the entity must:\n\n (a) Be an organization that exists for the purpose of furthering the amateur service;\n\n (b) Be capable of serving as a VEC in at least the VEC region (see appendix 2) proposed;\n\n (c) Agree to coordinate examinations for any class of amateur operator license;\n\n (d) Agree to assure that, for any examination, every examinee qualified under these rules is registered without\n regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service\n organization;\n\n[54 FR 25857, June 20, 1989, as amended at 58 FR 29127, May 19, 1993; 61 FR 9953, Mar. 12, 1996]\n\n\n47 CFR 97.521(d) (enhanced display) page 51 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR 97.523\nAmateur Radio Service\n\n\n§ 97.523 Question pools.\nAll VECs must cooperate in maintaining one question pool for each written examination element. Each question\npool must contain at least 10 times the number of questions required for a single examination. Each question pool\nmust be published and made available to the public prior to its use for making a question set. Each question on\neach VEC question pool must be prepared by a VE holding the required FCC-issued operator license. See §\n97.507(a) of this part.\n\n§ 97.525 Accrediting VEs.\n (a) No VEC may accredit a person as a VE if:\n\n (1) The person does not meet minimum VE statutory qualifications or minimum qualifications as\n prescribed by this part;\n\n (2) The FCC does not accept the voluntary and uncompensated services of the person;\n\n (3) The VEC determines that the person is not competent to perform the VE functions; or\n\n (4) The VEC determines that questions of the person's integrity or honesty could compromise the\n examinations.\n\n (b) Each VEC must seek a broad representation of amateur operators to be VEs. No VEC may discriminate in\n accrediting VEs on the basis of race, sex, religion or national origin; nor on the basis of membership (or\n lack thereof) in an amateur service organization; nor on the basis of the person accepting or declining to\n accept reimbursement.\n\n§ 97.527 Reimbursement for expenses.\nVEs and VECs may be reimbursed by examinees for out-of-pocket expenses incurred in preparing, processing,\nadministering, or coordinating an examination for an amateur operator license.\n\n[66 FR 20752, Apr. 25, 2001]\n\n\nAppendix 1 to Part 97—Places Where the Amateur Service is Regulated by the FCC\nIn ITU Region 2, the amateur service is regulated by the FCC within the territorial limits of the 50 United States,\nDistrict of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets\nand cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island\n(Islets Eastern and Sand) in the Pacific Insular areas.\n\nIn ITU Region 3, the amateur service is regulated by the FCC within the Pacific Insular territorial limits of American\nSamoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island,\nJarvis Island, Kingman Reef, Palmyra Island (more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes).\n\nAppendix 2 to Part 97—VEC Regions\n 1. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.\n 2. New Jersey and New York.\n 3. Delaware, District of Columbia, Maryland and Pennsylvania.\n 4. Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.\n\n47 CFR Appendix-2-to-Part-97 4. (enhanced display) page 52 of 53\n\f47 CFR Part 97 (up to date as of 2/20/2024)\n 47 CFR Appendix-2-to-Part-97 5.\nAmateur Radio Service\n\n\n 5. Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas.\n 6. California.\n 7. Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming.\n 8. Michigan, Ohio and West Virginia.\n 9. Illinois, Indiana and Wisconsin.\n 10. Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.\n 11. Alaska.\n 12. Caribbean Insular areas.\n 13. Hawaii and Pacific Insular areas.\n\n\n\n\n47 CFR Appendix-2-to-Part-97 13. (enhanced display) page 53 of 53\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":25,"cells":{"Content":{"kind":"string","value":"47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR Part 36 (Feb. 20, 2024)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 36 Jurisdictional Separations Procedures; Standard Procedures for Separating\n Telecommunications Property Costs, Revenues, Expenses, Taxes and Reserves\n for Telecommunications Companies\n Subpart A General\n § 36.1 General.\n § 36.2 Fundamental principles underlying procedures.\n § 36.3 Freezing of jurisdictional separations category relationships and/or allocation factors.\n § 36.4 Streamlining procedures for processing petitions for waiver of study area boundaries.\n Subpart B Telecommunications Property\n General\n § 36.101 Section arrangement.\n § 36.102 General.\n General Support Facilities\n § 36.111 General.\n § 36.112 Apportionment procedure.\n Central Office Equipment\n § 36.121 General.\n § 36.122 Categories and apportionment procedures.\n § 36.123 Operator systems equipment—Category 1.\n § 36.124 Tandem switching equipment—Category 2.\n § 36.125 Local switching equipment—Category 3.\n § 36.126 Circuit equipment—Category 4.\n Information Origination/Termination (IOT) Equipment\n § 36.141 General.\n § 36.142 Categories and apportionment procedures.\n Cable and Wire Facilities\n § 36.151 General.\n § 36.152 Categories of Cable and Wire Facilities (C&WF).\n § 36.153 Assignment of Cable and Wire Facilities (C&WF) to categories.\n § 36.154 Exchange Line Cable and Wire Facilities (C&WF)—Category 1—apportionment\n procedures.\n § 36.155 Wideband and exchange trunk (C&WF)—Category 2—apportionment procedures.\n § 36.156 Interexchange Cable and Wire Facilities (C&WF)—Category 3—apportionment\n\n47 CFR Part 36 (Feb. 20, 2024) (enhanced display) page 1 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR Part 36 (Feb. 20, 2024)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n procedures.\n § 36.157 Host/remote message Cable and Wire Facilities (C&WF)—Category\n 4—apportionment procedures.\n Amortizable Assets\n § 36.161 Tangible assets—Account 2680.\n § 36.162 Intangible assets—Account 2690.\n Telecommunications Plant—Other\n § 36.171 Property held for future telecommunications use—Account 2002;\n Telecommunications plant under construction—Account 2003; and\n Telecommunications plant adjustment—Account 2005.\n Rural Telephone Bank Stock\n § 36.172 Other noncurrent assets—Account 1410.\n Material and Supplies and Cash Working Capital\n § 36.181 Material and supplies—Account 1220.\n § 36.182 Cash working capital.\n Equal Access Equipment\n § 36.191 Equal access equipment.\n Subpart C Operating Revenues and Certain Income Accounts\n General\n § 36.201 Section arrangement.\n § 36.202 General.\n Operating Revenues\n § 36.211 General.\n § 36.212 Basic local services revenue—Account 5000.\n § 36.213 Network access services revenues.\n § 36.214 Long distance message revenue—Account 5100.\n § 36.215 Miscellaneous revenue—Account 5200.\n § 36.216 Uncollectible revenue—Account 5300.\n Certain Income Accounts\n § 36.221 Other operating income and expenses—Account 7100.\n § 36.222 Nonoperating income and expenses—Account 7300.\n § 36.223 Interest and related items—Account 7500.\n § 36.224 Extraordinary items—Account 7600.\n § 36.225 Income effect of jurisdictional ratemaking differences—Account 7910.\n Subpart D Operating Expenses and Taxes\n\n\n\n\n47 CFR Part 36 (Feb. 20, 2024) (enhanced display) page 2 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR Part 36 (Feb. 20, 2024)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n General\n § 36.301 Section arrangement.\n § 36.302 General.\n Plant Specific Operations Expenses\n § 36.310 General.\n Network Support/General Support Expenses\n § 36.311 Network Support/General Support Expenses—Accounts 6110 and 6120.\n Central Office Expenses\n § 36.321 Central office expenses—Accounts 6210, 6220, and 6230.\n Information Origination/Termination Expenses\n § 36.331 Information origination/termination expenses—Account 6310.\n Cable and Wire Facilities Expenses\n § 36.341 Cable and wire facilities expenses—Account 6410.\n Plant Nonspecific Operations Expenses\n § 36.351 General.\n Plant Expenses—Other\n § 36.352 Other property plant and equipment expenses—Account 6510.\n Network Operations Expenses\n § 36.353 Network operations expenses—Account 6530.\n § 36.354 Access expenses—Account 6540.\n Depreciation and Amortization Expenses\n § 36.361 Depreciation and amortization expenses—Account 6560.\n Customer Operations Expenses\n § 36.371 General.\n § 36.372 Marketing—Account 6610.\n § 36.373 Services—Account 6620.\n § 36.374 Telephone operator services.\n § 36.375 Published directory listing.\n § 36.376 All other.\n § 36.377 Category 1—Local business office expense.\n § 36.378 Category 2—Customer services (revenue accounting).\n § 36.379 Message processing expense.\n § 36.380 Other billing and collecting expense.\n § 36.381 Carrier access charge billing and collecting expense.\n § 36.382 Category 3—All other customer services expense.\n Corporate Operations Expense\n § 36.391 General.\n § 36.392 General and administrative—Account 6720.\n Operating Taxes\n47 CFR Part 36 (Feb. 20, 2024) (enhanced display) page 3 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR Part 36 (Feb. 20, 2024)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n § 36.411 Operating taxes—Account 7200.\n § 36.412 Apportionment procedures.\n Equal Access Expenses\n § 36.421 Equal access expenses.\n Subpart E Reserves and Deferrals\n § 36.501 General.\n § 36.502 Other jurisdictional assets—Net—Account 1500.\n § 36.503 Accumulated depreciation—Account 3100.\n § 36.504 Accumulated depreciation—Property held for future telecommunications\n use—Account 3200.\n § 36.505 Accumulated amortization—Tangible—Account 3400.\n § 36.506 Net current deferred operating income taxes—Account 4100, Net noncurrent deferred\n operating income taxes—Account 4340.\n § 36.507 Other jurisdictional liabilities and deferred credits—Net—Account 4370.\n Subparts F–G [Reserved]\n Appendix to Part 36\n Glossary\n\n\nPART 36—JURISDICTIONAL SEPARATIONS PROCEDURES;\nSTANDARD PROCEDURES FOR SEPARATING\nTELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES,\nTAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES[1]\nAuthority: 47 U.S.C. 151, 152, 154(i) and (j), 201, 205, 220, 221(c), 254, 303(r), 403, 410, and 1302 unless\n otherwise noted.\n\nSource: 52 FR 17229, May 6, 1987, unless otherwise noted.\n\nEditorial Note: Nomenclature changes to part 36 appear at 74 FR 23956, May 22, 2009, 77 FR 30411, May 23,\n2012, 82 FR 25538, June 2, 2017, and corrected at 83 FR 4153, Jan. 30, 2018. Nomenclature changes to part 36\nalso appear at 83 FR 63587, Dec. 11, 2018, and 84 FR 4360, Feb. 15, 2019.\n\n\nSubpart A—General\n§ 36.1 General.\n (a) This part contains an outline of separations procedures for telecommunications companies on the\n station-to-station basis. These procedures are applicable either to property costs, revenues, expenses,\n taxes, and reserves as recorded on the books of the company or to estimated amounts.\n\n\n\n47 CFR 36.1(a) (enhanced display) page 4 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.1(a)(1)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (1) Where a value basis is used instead of book costs, the “costs” referred to are the “values” of the\n property derived from the valuation.\n\n (b) The separations procedures set forth in this part are designed primarily for the allocation of property\n costs, revenues, expenses, taxes and reserves between state and interstate jurisdictions. For separations,\n where required, of the state portion between exchange and toll or for separations of individual exchanges\n or special services, further analyses and studies may be required to adapt the procedures to such\n additional separations.\n\n (c) The fundamental basis on which separations are made is the use of telecommunications plant in each of\n the operations. The first step is the assignment of the cost of the plant to categories. The basis for\n making this assignment is the identification of the plant assignable to each category and the\n determination of the cost of the plant so identified. The second step is the apportionment of the cost of\n the plant in each category among the operations by direct assignment where possible, and all remaining\n costs are assigned by the application of appropriate use factors.\n\n (d) In assigning book costs to categories, the costs used for certain plant classes are average unit costs\n which equate to all book costs of a particular account or subaccount; for other plant classes, the costs\n used are those which either directly approximate book cost levels or which are equated to match total\n book costs at a given location.\n\n (e) The procedures outlined herein reflect “short-cuts” where practicable and where their application produces\n substantially the same separations results as would be obtained by the use of more detailed procedures,\n and they assume the use of records generally maintained by Telecommunications Companies.\n\n (f) The classification to accounts of telecommunications property, revenues, expenses, etc., set forth in this\n manual is that prescribed by the Federal Communications Commission's Uniform System of Accounts for\n Telecommunications Companies.\n\n (g) In the assignment of property costs to categories and in the apportionment of such costs among the\n operations, each amount so assigned and apportioned is identified as to the account classification in\n which the property is included. Thus, the separated results are identified by property accounts and\n apportionment bases are provided for those expenses which are separated on the basis of the\n apportionment of property costs. Similarly, amounts of revenues and expenses assigned each of the\n operations are identified as to account classification.\n\n (h) The separations procedures described in this part are not to be interpreted as indicating what property,\n revenues, expenses and taxes, or what items carried in the income, reserve and retained earnings\n accounts, should or should not be considered in any investigation or rate proceeding.\n\n§ 36.2 Fundamental principles underlying procedures.\n (a) The following general principles underlie the procedures outlined in this part:\n\n (1) Separations are intended to apportion costs among categories or jurisdictions by actual use or by\n direct assignment.\n\n (2) Separations are made on the “actual use” basis, which gives consideration to relative occupancy and\n relative time measurements.\n\n (3) In the development of “actual use” measurements, measurements of use are\n\n\n\n\n47 CFR 36.2(a)(3) (enhanced display) page 5 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.2(a)(3)(i)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (i) determined for telecommunications plant or for work performed by operating forces on a unit\n basis (e.g., conversation-minute-kilometers per message, weighted standard work seconds per\n call) in studies of traffic handled or work performed during a representative period for all traffic\n and\n\n (ii) applied to overall traffic volumes, i.e., 24-hour rather than busy-hour volumes.\n\n (b) Underlying the procedures included in this manual for the separation of plant costs is an over-all concept\n which may be described as follows:\n\n (1) Telecommunications plant, in general, is segregable into two broad classifications, namely,\n\n (i) interexchange plant, which is plant used primarily to furnish toll services, and\n\n (ii) exchange plant, which is plant used primarily to furnish local services.\n\n (2) Within the interexchange classification, there are three broad types of plant, i.e., operator systems,\n switching plant, and trunk transmission equipment. Within the exchange classification there are four\n board types of plant, i.e., operator systems, switching plant, truck equipment and subscriber plant.\n Subscriber plant comprises lines to the subscriber.\n\n (3) In general, the basis for apportioning telecommunications plant used jointly for state and interstate\n operations are:\n\n (i) Operator work time expressed in weighted standard work seconds is the basis for measuring\n the use of operator systems.\n\n (ii) Holding-time-minutes is the basis for measuring the use of local and toll switching plant.\n\n (iii) Conversation-minute-kilometers or conversation minutes is the basis for measuring the use of\n interexchange circuit plant and holding-time minutes is the basis for measuring the use of\n exchange trunk plant. While the use of holding-time-minute-kilometers is the basic fundamental\n allocation factor for interexchange circuit plant and exchange trunk plant, the use of\n conversation-minute-kilometers or conversation-minutes for the allocation of interexchange\n circuit plant and holding-time minutes for the allocation of exchange trunk plant are considered\n practical approximations for separations between state and interstate operations when related\n to the broad types of plant classifications used herein.\n\n (iv) Message telecommunications subscriber plant shall be apportioned on the basis of a Gross\n Allocator which assigns 25 percent to the interstate jurisdiction and 75 percent to the state\n jurisdiction.\n\n (c) Property rented to affiliates, if not substantial in amount, is included as used property of the owning\n company with the associated revenues and expenses treated consistently: Also such property rented\n from affiliates is not included with the used property of the company making the separations; the rent\n paid is included in its expenses. If substantial in amount, the following treatment is applied:\n\n (1) In the case of property rented to affiliates, the property and related expenses and rent revenues are\n excluded from the telephone operations of the owning company, and\n\n (2) In the case of property rented from affiliates, the property and related expenses are included with,\n and the rent expenses are excluded from, the telephone operations of the company making the\n separation.\n\n\n\n47 CFR 36.2(c)(2) (enhanced display) page 6 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.2(d)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (d) Property rented to or from non-affiliates is usually to be included as used property of the owning company\n with the associated revenues and expenses treated consistently. In the event the amount is substantial,\n the property involved and the revenues and expenses associated therewith may be excluded from or\n included in the telecommunications operations of the company. When required, the cost of property\n rented to or from non-affiliates is determined using procedures that are consistent with the procedures for\n the allocation of costs among the operations.\n\n (e) Costs associated with services or plant billed to another company which have once been separated under\n procedures consistent with general principles set forth in this part, and are thus identifiable as entirely\n interstate or State in nature, shall be directly assigned to the appropriate operation and jurisdiction.\n\n[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993; 71 FR 65745, Nov. 9, 2006]\n\n\n§ 36.3 Freezing of jurisdictional separations category relationships and/or allocation factors.\n (a) Effective July 1, 2001, through December 31, 2024, all local exchange carriers subject to part 36 rules\n shall apportion costs to the jurisdictions using their study area and/or exchange specific jurisdictional\n allocation factors calculated during the twelve-month period ending December 31, 2000, for each of the\n categories/sub-categories as specified herein. Direct assignment of private line service costs between\n jurisdictions shall be updated annually. Other direct assignment of investment, expenses, revenues or\n taxes between jurisdictions shall be updated annually. Local exchange carriers that invest in\n telecommunications plant categories during the period July 1, 2001, through December 31, 2024, for\n which it had no separations allocation factors for the twelve-month period ending December 31, 2000,\n shall apportion that investment among the jurisdictions in accordance with the separations procedures in\n effect as of December 31, 2000 for the duration of the freeze.\n\n (b) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign costs from the accounts under part 32 of this chapter\n (part 32 account(s)) to the separations categories/sub-categories, as specified herein, based on the\n percentage relationships of the categorized/sub-categorized costs to their associated part 32 accounts\n for the twelve-month period ending December 31, 2000. If a part 32 account for separations purposes is\n categorized into more than one category, the percentage relationship among the categories shall be\n utilized as well. Local exchange carriers that invest in types of telecommunications plant during the\n period July 1, 2001, through December 31, 2024, for which it had no separations category investment for\n the twelve-month period ending December 31, 2000, shall assign such investment to separations\n categories in accordance with the separations procedures in effect as of December 31, 2000. Local\n exchange carriers not subject to price cap regulation, pursuant to § 61.41 of this chapter, may elect to be\n subject to the provisions of this paragraph (b). Such election must be made prior to July 1, 2001. Any local\n exchange carrier that is subject to § 69.3(e) of this chapter and that elected to be subject to this\n paragraph (b) may withdraw from that election by notifying the Commission by May 1, 2019, of its intent\n to withdraw from that election, and that withdrawal will be effective as of July 1, 2019. Any local exchange\n carrier that participates in an Association tariff, pursuant to §§ 69.601 through 69.610 of this chapter, and\n that elected to be subject to this paragraph (b) may withdraw from that election by notifying the\n Association by March 1, 2019, of such intent. Subject to these two exceptions, local exchange carriers\n that previously elected to become subject to this paragraph (b) shall not be eligible to withdraw from such\n regulation for the duration of the freeze.\n\n\n\n\n47 CFR 36.3(b) (enhanced display) page 7 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.3(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that sells or otherwise\n transfers exchanges, or parts thereof, to another carrier's study area shall continue to utilize the factors\n and, if applicable, category relationships as specified in paragraphs (a) and (b) of this section.\n\n (d) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that buys or otherwise\n acquires exchanges or part thereof, shall calculate new, composite factors and, if applicable, category\n relationships based on a weighted average of both the seller's and purchaser's factors and category\n relationships calculated pursuant to paragraphs (a) and (b) of this section. This weighted average should\n be based on the number of access lines currently being served by the acquiring carrier and the number of\n access lines in the acquired exchanges.\n\n (1) To compute the composite allocation factors and, if applicable, the composite category percentage\n relationships of the acquiring company, the acquiring carrier shall first sum its existing (pre-\n purchase) access lines (A) with the total access lines acquired from selling company (B). Then,\n multiply its factors and category relationship percentages by (A/(A + B)) and those of the selling\n company by (B/(A + B)) and sum the results.\n\n (2) For carriers subject to a freeze of category relationships, the acquiring carrier should remove all\n categories of investment from the selling carrier's list of frozen category relationships where no such\n category investment exists within the sold exchange(s). The seller's remaining category\n relationships must then be increased proportionately to total 100 percent. Then, the adjusted seller's\n category relationships must be combined with those of the acquiring carrier as specified in §\n 36.3(d)(1) to determine the category relationships for the acquiring carrier's post-transfer study area.\n\n (e) Any local exchange carrier study area converting from average schedule company status, as defined in §\n 69.605(c) of this chapter, to cost company status during the period July 1, 2001, through December 31,\n 2024, shall, for the first twelve months subsequent to conversion categorize the telecommunications\n plant and expenses and develop separations allocation factors in accordance with the separations\n procedures in effect as of December 31, 2000. Effective July 1, 2001 through December 31, 2024, such\n companies shall utilize the separations allocation factors and account categorization subject to the\n requirements of paragraphs (a) and (b) of this section based on the category relationships and allocation\n factors for the twelve months subsequent to the conversion to cost company status.\n\n[66 FR 33204, June 21, 2001, as amended at 79 FR 36235, June 26, 2014; 84 FR 4360, Feb. 15, 2019]\n\n\n§ 36.4 Streamlining procedures for processing petitions for waiver of study area boundaries.\nEffective January 1, 2012, local exchange carriers seeking a change in study area boundaries shall be subject to the\nfollowing procedure:\n\n (a) Public Notice and Review Period. Upon determination by the Wireline Competition Bureau that a petitioner\n has filed a complete petition for study area waiver and that the petition is appropriate for streamlined\n treatment, the Wireline Competition Bureau will issue a public notice seeking comment on the petition.\n Unless otherwise notified by the Wireline Competition Bureau, the petitioner is permitted to alter its study\n area boundaries on the 60th day after the reply comment due date, but only in accordance with the\n boundary changes proposed in its application.\n\n\n\n\n47 CFR 36.4(a) (enhanced display) page 8 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.4(b)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (b) Comment Cycle. Comments on petitions for waiver may be filed during the first 30 days following public\n notice, and reply comments may be filed during the first 45 days following public notice, unless the public\n notice specifies a different pleading cycle. All comments on petitions for waiver shall be filed\n electronically, and shall satisfy such other filing requirements as may be specified in the public notice.\n\n[76 FR 73853, Nov. 29, 2011]\n\n\nSubpart B—Telecommunications Property\n\n GENERAL\n\n§ 36.101 Section arrangement.\n (a) This subpart is arranged in sections as follows:\n\n\n General\n Telecommunications Plant in Service—Account 2001—36.101 and 36.102.\n\n General Support Facilities—Account 2110—36.111 and 36.112.\n\n Central Office Equipment—Accounts 2210, 2220, 2230—36.121 thru 36.126.\n\n Information Origination/Termination Equipment—Account 2310—36.141 and 36.142.\n\n Cable and Wire Facilities—Account 2410—36.151 thru 36.157.\n\n Amortization Assets—Accounts 2680 and 2690—36.161 and 36.162.\n\n Telecommunications Plant—Other Accounts 2002 thru 2005—36.171.\n\n Rural Telephone Bank Stock—36.172.\n\n Material and Supplies—Accounts 1220, and Cash Working Capital—36.181 and 36.182.\n\n Equal Access Equipment—36.191.\n\n[60 FR 12138, Mar. 6, 1995]\n\n\n§ 36.102 General.\n (a) This section contains an outline of the procedures used in the assignment of Telecommunications Plant\n in Service—Account 2001 to categories and the apportionment of the cost assigned to each category\n among the operations.\n\n (b) The treatment of rental plant is outlined in §§ 36.2(c) through 36.2(e). If the amount of such plant is\n substantial, the cost may be determined by using the general procedures set forth for the assignment of\n the various kinds of property to categories.\n\n47 CFR 36.102(b) (enhanced display) page 9 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.102(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) The amount of depreciation deductible from the book cost or “value” is apportioned among the operations\n in proportion to the separation of the cost of the related plant accounts.\n\n GENERAL SUPPORT FACILITIES\n\n§ 36.111 General.\n (a) The costs of the general support facilities are contained in Account 2110, Land and Support Assets. This\n account contains land, buildings, motor vehicles, aircraft, special purpose vehicles, garage work\n equipment, other work equipment, furniture, office equipment and general purpose computers.\n\n§ 36.112 Apportionment procedure.\n (a) The costs of the general support facilities of local exchange carriers that had annual revenues from\n regulated telecommunications operations equal to or greater than $157 million for calendar year 2016 are\n apportioned among the operations on the basis of either the method in paragraph (a)(1) of this section or\n the method in paragraph (a)(2) of this section, at the election of the local exchange carrier:\n\n (1) The separation of the costs of the combined Big Three Expenses which include the following\n accounts:\n\n\n Table 1 to Paragraph (a)(1)\n\n Plant Specific Expenses\n Central Office Switching Expenses Account 6210.\n Operators Systems Expenses Account 6220.\n Central Office Transmission Expenses Account 6230.\n Information Origination/Termination Expenses Account 6310.\n Cable and Wire Facilities Expenses Account 6410.\n Plant Non-Specific Expenses\n Network Operations Expenses Account 6530.\n Customer Operations Expenses\n Marketing Account 6610.\n Services Account 6620.\n\n\n (2) The separation of the costs of Central Office Equipment, Information Origination/Termination\n Equipment, and Cable and Wire Facilities, combined.\n\n (b) The costs of the general support facilities of local exchange carriers that had annual revenues from\n regulated telecommunications operations less than $157 million for calendar year 2016 are apportioned\n among the operations on the basis of the separation of the costs of Central Office Equipment, Information\n Origination/Termination Equipment, and Cable and Wire Facilities, combined.\n\n[83 FR 63584, Dec. 11, 2018]\n\n\n CENTRAL OFFICE EQUIPMENT\n\n\n47 CFR 36.112(b) (enhanced display) page 10 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.121\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.121 General.\n (a) The costs of central office equipment are carried in the following accounts:\n\n\n Table 1 to Paragraph (a)\n\n Central Office Switching Account 2210.\n Operator Systems Account 2220.\n Central Office Transmission Account 2230.\n\n\n (b) Records of the cost of central office equipment are usually maintained for each study area separately by\n accounts. However, each account frequently includes equipment having more than one use. Also,\n equipment in one account frequently is associated closely with equipment in the same building in another\n account. Therefore, the separations procedures for central office equipment have been designed to deal\n with categories of plant rather than with equipment in an account.\n\n (c) In the separation of the cost of central office equipment among the operations, the first step is the\n assignment of the equipment in each study area to categories. The basic method of making this\n assignment is the identification of the equipment assignable to each category, and the determination of\n the cost of the identified equipment by analysis of accounting, engineering and other records.\n\n (1) The cost of common equipment not assigned to a specific category, e.g., common power equipment,\n including emergency power equipment, aisle lighting and framework, including distributing frames, is\n distributed among the categories in proportion to the cost of equipment, (excluding power\n equipment not dependent upon common power equipment) directly assigned to categories.\n\n (i) The cost of power equipment used by one category is assigned directly to that category, e.g.,\n 130-volt power supply provided for circuit equipment. The cost of emergency power equipment\n protecting only power equipment used by one category is also assigned directly to that\n category.\n\n (ii) Where appropriate, a weighting factor is applied to the cost of circuit equipment in distributing\n the power plant costs not directly assigned, in order to reflect the generally greater power use\n per dollar of cost of this equipment.\n\n (d) The second step is the apportionment of the cost of the equipment in each category among the\n operations through the application of appropriate use factors or by direct assignment.\n\n[52 FR 17229, May 6, 1987, as amended at 69 FR 12549, Mar. 17, 2004; 83 FR 63584, Dec. 11, 2018]\n\n\n§ 36.122 Categories and apportionment procedures.\n (a) The following categories of central office equipment and apportionment procedures therefore are set\n forth in §§ 36.123 through 36.126.\n\n Operator Systems Equipment Category 1.\n Tandem Switching Equipment Category 2.\n Local Switching Equipment Category 3.\n Circuit Equipment Category 4.\n\n47 CFR 36.122(a) (enhanced display) page 11 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.123\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.123 Operator systems equipment—Category 1.\n (a) Operator systems equipment is contained in Account 2220. It includes all types of manual telephone\n switchboards except tandem switchboards and those used solely for recording of calling telephone\n numbers in connection with customer dialed charge traffic. It includes all face equipment, terminating\n relay circuits of trunk and toll line circuits, cord circuits, cable turning sections, subscriber line equipment,\n associated toll connecting trunk equipment, number checking facilities, ticket distributing systems,\n calculagraphs, chief operator and other desks, operator chairs, and other such equipment.\n\n (1) Operator systems equipment is generally classified according to operating arrangements of which\n the following are typical:\n\n (i) Separate toll boards\n\n (ii) Separate local manual boards\n\n (iii) Combined local manual and toll boards\n\n (iv) Combined toll and DSA boards\n\n (v) Separate DSA and DSB boards\n\n (vi) Service observing boards\n\n (vii) Auxiliary service boards\n\n (viii) Traffic service positions\n\n (2) If switchboards as set forth in § 36.123(a) are of the key pulsing type, the cost of the key pulsing\n senders, link and trunk finder equipment is included with the switchboards.\n\n (3) DSB boards include the associated DSB dial equipment, such as link and sender equipment.\n\n (4) Traffic service position systems include the common control and trunk equipment in addition to the\n associated groups of positions wherever located.\n\n (5) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the average balance of Account 2220, Operator\n Systems, to the categories/subcategories, as specified in paragraph (a)(1) of this section, based on\n the relative percentage assignment of the average balance of Account 2220 to these categories/\n subcategories during the twelve-month period ending December 31, 2000.\n\n (6) Effective July 1, 2001 through December 31, 2024, all study areas shall apportion the costs assigned\n to the categories/subcategories, as specified in paragraph (a)(1) of this section, among the\n jurisdictions using the relative use measurements for the twelve-month period ending December 31,\n 2000 for each of the categories/subcategories specified in paragraphs (b) through (e) of this\n section.\n\n (b) The cost of the following operator systems equipment is apportioned among the operations on the basis\n of the relative number of weighted standard work seconds handled at the switchboards under\n consideration.\n\n (1) The following types of switchboards at toll centers are generally apportioned individually:\n\n (i) Separate toll boards. These usually include outward, through and inward positions in separate\n lines and associated inward toll switchboard positions in line.\n\n47 CFR 36.123(b)(1)(i) (enhanced display) page 12 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.123(b)(1)(ii)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (ii) Switchboards handling both local and toll, either combined or having segregated local and toll\n positions in the same line.\n\n (iii) Switchboards handling both toll and DSA, either combined or having segregated toll and DSA\n positions in the same line.\n\n (iv) Traffic service positions, including separately located groups of these positions when\n associated with a common basic control unit.\n\n (2) The following types of switchboards at toll centers are apportioned individually, or by groups of\n comparable types of boards for each exchange:\n\n (i) Separate local manual boards. This includes the local positions of manual boards where inward\n toll positions are in the same line.\n\n (ii) Separate DSA boards.\n\n (iii) Separate DSB boards.\n\n (3) Tributary boards may be treated individually if warranted or they may be treated on a group basis.\n\n (c) Auxiliary service boards generally handle rate and route, information, and intercept service at individual or\n joint positions. The cost of these boards is apportioned as follows:\n\n (1) The cost of separate directory assistance boards is apportioned among the operations on the basis\n of the relative number of weighted standard work seconds handled at the boards under\n consideration. Directory assistance weighted standard work seconds are apportioned among the\n operations on the basis of the classification of these weighted standard work seconds as follows:\n\n (i) Directory assistance weighted standard work seconds first are classified between calls\n received over toll directory assistance trunks from operators or customers and all other\n directory assistance calls.\n\n (ii) The directory assistance weighted standard work seconds of each type further are classified\n separately among the operations on the basis of an analysis of a representative sample of\n directory assistance calls of each type with reference to the locations of the calling and called\n stations for each call.\n\n (2) The cost of separate intercept boards and automated intercept systems in the study area is\n apportioned among the operations on the basis of the relative number of subscriber line minutes of\n use.\n\n (3) The cost of separate rate and route boards is generally included with the cost of the toll boards\n served and is apportioned with those boards.\n\n (4) Where more than one auxiliary service is handled at an auxiliary board, the cost of the board is\n apportioned among the auxiliary services on the basis of the relative number of weighted standard\n work seconds for each service. The cost of that part of the board allocated to each auxiliary service\n is apportioned among the operations in the same manner as for a separate auxiliary board.\n\n (d) The cost of joint exchange and toll service observing boards is first apportioned between exchange and\n toll use on the basis of the relative number of exchange and toll service observing units at these boards.\n The cost of separate toll service observing boards and the toll portion of joint service observing boards is\n apportioned between state and interstate operations on the basis of the relative number of toll minutes of\n use associated with the toll messages originating in the offices observed.\n\n47 CFR 36.123(d) (enhanced display) page 13 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.123(e)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (e) Traffic Service Position System (TSPS) investments are apportioned as follows:\n\n (1) Operator position investments are apportioned on the basis of the relative weighted standard work\n seconds for the entire TSPS complex.\n\n (2) Remote trunk arrangement (RTA) investments are apportioned on the basis of the relative processor\n real time (i.e., actual seconds) required to process TSPS traffic originating from the end offices\n served by each RTA.\n\n (3) The remaining investments at the central control location, such as the stored program control and\n memory, is apportioned on the basis of the relative processor real time (i.e., actual seconds) for the\n entire TSPS complex.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33205, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36236, June 26, 2014]\n\n\n§ 36.124 Tandem switching equipment—Category 2.\n (a) Tandem switching equipment is contained in Account 2210. It includes all switching equipment in a\n tandem central office, including any associated tandem switchboard positions and any intertoll switching\n equipment. Intertoll switching equipment includes switching equipment used for the interconnection of\n message toll telephone circuits with each other or with local or tandem telephone central office trunks,\n intertoll dial selector equipment, or intertoll trunk equipment in No. 5 type electronic offices. Equipment,\n including switchboards used for recording of calling telephone numbers and other billing information in\n connection with customer dialed charge traffic is included with Local Switching Equipment—Category 3.\n\n (1) At toll center toll offices, intertoll switching equipment comprises equipment in the toll office used in\n the interconnection of: Toll center to toll center circuits; toll center to tributary circuits; tributary to\n tributary circuits; toll center to tandem circuits or in the interconnection of the aforementioned types\n of circuits with trunks to local offices in the toll center city, i.e., interconnection with toll switching\n trunks, operator trunks, information trunks, testing trunks, etc. Equipment associated with the local\n office end of such trunks is included with local switching equipment or switchboard categories as\n appropriate.\n\n (2) At tributary offices, this category includes intertoll switching equipment similar to that at toll center\n toll offices if it is used in the interconnection of: Tributary to tributary circuits; tributary to\n subtributary circuits; subtributary to subtributary circuits; toll center to subtributary circuits; or if it is\n used jointly in the interconnection of any of the aforementioned types of circuits and in the\n interconnection of such toll circuits with trunk circuits for the handling of traffic terminating in the\n tributary office. Where comparable equipment has no joint use but is used only for the handling of\n traffic terminating in the tributary office, it is included in the local switching equipment category.\n\n (3) At all switching entities, this category includes intertoll switching equipment similar to that at toll\n center toll offices if it is used in the interconnection of switched private line trunks or TWX switching\n plant trunks when these functions are in addition to the message telephone switching function.\n Switching entities wholly dedicated to switching of special services are assigned to Category\n 3—Local Switching Equipment.\n\n (b) The costs of central office equipment items assigned this category are to be directly assigned when\n possible. When direct assignment is not possible the costs shall be apportioned among the operations on\n the basis of the relative number of study area minutes of use of this equipment.\n\n47 CFR 36.124(b) (enhanced display) page 14 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.124(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the average balance of Account 2210 to Category 2, Tandem\n Switching Equipment based on the relative percentage assignment of the average balance of Account\n 2210 (or, if Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the\n average balances of Accounts 2211, 2212, and 2215) to Category 2, Tandem Switching Equipment during\n the twelve-month period ending December 31, 2000.\n\n (d) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 2,\n Tandem Switching Equipment, among the jurisdictions using the relative number of study area minutes of\n use, as specified in paragraph (b) of this section, for the twelve-month period ending December 31, 2000.\n Direct assignment of any subcategory of Category 2 Tandem Switching Equipment between jurisdictions\n shall be updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33205, June 21, 2001; 69 FR 12549, Mar. 17, 2004; 75 FR 30301, June 1, 2010;\n76 FR 30841, May 27, 2011; 79 FR 36236, June 26, 2014; 83 FR 63584, Dec. 11, 2018]\n\n\n§ 36.125 Local switching equipment—Category 3.\n (a) Local switching equipment is included in account 2210. It comprises all central office switching\n equipment not assigned other categories. Examples of local switching equipment are basic switching\n train, toll connecting trunk equipment, interlocal trunks, tandem trunks, terminating senders used for toll\n completion, toll completing train, call reverting equipment, weather and time of day service equipment,\n and switching equipment at electronic analog or digital remote line locations. Equipment used for the\n identification, recording and timing of customer dialed charge traffic, or switched private line traffic (e.g.,\n transmitters, recorders, call identity indexers, perforators, ticketers, detectors, mastertimes) switchboards\n used solely for recording of calling telephone numbers in connection with customer dialed charge traffic,\n or switched private line traffic (or both) is included in this local switching category. Equipment provided\n and used primarily for operator dialed toll or customer dialed charge traffic except such equipment\n included in Category 2 Tandem Switching Equipment is also included in this local switching category. This\n includes such items as directors, translators, sender registers, out trunk selectors and facilities for toll\n intercepting and digit absorption. Special services switching equipment which primarily performs the\n switching function for special services (e.g., switching equipment, TWX concentrators and switchboards)\n is also included in this local switching category.\n\n (1) Local office, as used in § 36.125, comprises one or more local switching entities of the same\n equipment type (e.g., step-by-step, No. 5 Crossbar) in an individual location. A local switching entity\n comprises that local central office equipment of the same type which has a common intermediate\n distributing frame, market group or other separately identifiable switching unit serving one or more\n prefixes (NNX codes).\n\n (2) A host/remote local switching complex is composed of an electronic analog or digital host office\n and all of its remote locations. A host/remote local switching complex is treated as one local office.\n The current jurisdictional definition of an exchange will apply.\n\n (3) Dial equipment minutes of use (DEM) is defined as the minutes of holding time of the originating and\n terminating local switching equipment. Holding time is defined in the Glossary.\n\n (4) The interstate allocation factor is the percentage of local switching investment apportioned to the\n interstate jurisdiction.\n\n\n\n47 CFR 36.125(a)(4) (enhanced display) page 15 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.125(a)(5)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (5) The interstate DEM factor is the ratio of the interstate DEM to the total DEM. A weighted interstate\n DEM factor is the product of multiplying a weighting factor, as defined in paragraph (f) of this\n section, to the interstate DEM factor. The state DEM factor is the ratio of the state DEM to the total\n DEM.\n\n (b) Beginning January 1, 1993, Category 3 investment for study areas with 50,000 or more access lines is\n apportioned to the interstate jurisdiction on the basis of the interstate DEM factor. Category 3 investment\n for study areas with 50,000 or more access lines is apportioned to the state jurisdiction on the basis of\n the state DEM factor.\n\n (c)–(e) [Reserved]\n\n (f) Beginning January 1, 1998, for study areas with fewer than 50,000 access lines, Category 3 investment is\n apportioned to the interstate jurisdiction by the application of an interstate allocation factor that is the\n lesser of either .85 or the sum of the interstate DEM factor specified in paragraph (a)(5) of this section,\n and the difference between the 1996 interstate DEM factor and the 1996 interstate DEM factor multiplied\n by a weighting factor as determined by the table below. The Category 3 investment that is not assigned to\n the interstate jurisdiction pursuant to this paragraph is assigned to the state jurisdiction.\n\n Weighting\n Number of access lines in service in study area\n factor\n 0–10,000 3.0\n 10,001–20,000 2.5\n 20,001–50,000 2.0\n 50,001–or above 1.0\n\n\n (g) For purposes of this section, an access line is a line that does not include WATS access lines, special\n access lines or private lines.\n\n (h) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the average balance of Account 2210 to Category 3, Local Switching\n Equipment, based on the relative percentage assignment of the average balance of Account 2210 (or, if\n Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the average\n balances of Accounts 2211, 2212, and 2215) to Category 3, during the twelve-month period ending\n December 31, 2000.\n\n (i) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 3,\n Local Switching Equipment, among the jurisdictions using relative dial equipment minutes of use for the\n twelve-month period ending December 31, 2000.\n\n (j) If the number of a study area's access lines increases such that, under paragraph (f) of this section, the\n weighted interstate DEM factor for 1997 or any successive year would be reduced, that lowered weighted\n interstate DEM factor shall be applied to the study area's 1996 unweighted interstate DEM factor to derive\n a new local switching support factor. If the number of a study area's access lines decreases or has\n decreased such that, under paragraph (f) of this section, the weighted interstate DEM factor for 2010 or\n any successive year would be raised, that higher weighted interstate DEM factor shall be applied to the\n study area's 1996 unweighted interstate DEM factor to derive a new local switching support factor.\n\n\n\n\n47 CFR 36.125(j) (enhanced display) page 16 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.126\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33011, 33012, Aug. 29, 1988; 62 FR 32946, June 17, 1997; 63 FR 2124, Jan. 13,\n1998; 66 FR 33205, June 21, 2001; 69 FR 12549, Mar. 17, 2004; 71 FR 65745, Nov. 9, 2006; 75 FR 17874, Apr. 8, 2010; 75 FR\n30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36236, June 26, 2014; 83 FR 63585, Dec. 11, 2018]\n\n\n§ 36.126 Circuit equipment—Category 4.\n (a) For the purpose of this section, the term “Circuit Equipment” encompasses the Radio Systems and Circuit\n Equipment contained in Account 2230. It includes central office equipment, other than switching\n equipment and automatic message recording equipment, which is used to derive communications\n transmission channels or which is used for the amplification, modulation, regeneration, testing, balancing\n or control of signals transmitted over communications transmission channels. Examples of circuit\n equipment in general use include:\n\n (1) Carrier telephone system terminals.\n\n (2) Telephone repeaters, termination sets, impedance compensators, pulse link repeaters, echo\n suppressors and other intermediate transmission amplification and balancing equipment except that\n included in switchboards.\n\n (3) Radio transmitters, receivers, repeaters and other radio central office equipment except message\n switching equipment associated with radio systems.\n\n (4) Composite ringers, line signaling and switching pad circuits.\n\n (5) Concentration equipment.\n\n (6) Composite sets and repeating coils.\n\n (7) Program transmission amplifiers, monitoring devices and volume indicators.\n\n (8) Testboards, test desks, repair desks and patch bays, including those provided for test and control,\n and for transmission testing.\n\n (b) For apportionment among the operations, the cost of circuit equipment is assigned to the following\n subsidiary categories:\n\n (1) Exchange Circuit Equipment—Category 4.1.\n\n (i) Wideband Exchange Line Circuit Equipment—Category 4.11.\n\n (ii) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12.\n\n (iii) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13.\n\n (2) Interexchange Circuit Equipment—Category 4.2.\n\n (i) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category\n 4.21.\n\n (ii) Interexchange Circuit Equipment Used for Wideband Services including Satellite and Earth\n Station Equipment used for Wideband Service—Category 4.22.\n\n (iii) All Other Interexchange Circuit Equipment—Category 4.23.\n\n (3) Host/Remote Message Circuit Equipment—Category 4.3.\n\n\n\n47 CFR 36.126(b)(3) (enhanced display) page 17 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.126(b)(4)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (4) In addition, for the purpose of identifying and separating property associated with special services,\n circuit equipment included in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is\n identified as either basic circuit equipment, i.e., equipment that performs functions necessary to\n provide and operate channels suitable for voice transmission (telephone grade channels), or special\n circuit equipment, i.e., equipment that is peculiar to special service circuits. Carrier telephone\n terminals and carrier telephone repeaters are examples of basic circuit equipment in general use,\n while audio program transmission amplifiers, bridges, monitoring devices and volume indicators are\n examples of special circuit equipment in general use. Cost of exchange circuit equipment included in\n Categories 4.12 and 4.13 and the interexchange circuit equipment in Categories 4.21, 4.22 and 4.23\n are segregated between basic circuit equipment and special circuit equipment only at those\n locations where amounts of interexchange and exchange special circuit equipment are significant.\n Where such segregation is not made, the total costs in these categories are classified as basic\n circuit equipment.\n\n (5) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41, shall assign the average balance of Account 2230 to the categories/\n subcategories as specified in § 36.126(b)(1) through (b)(4) based on the relative percentage\n assignment of the average balance of Account 2230 (or, if Accounts 2231 and 2232 were required to\n be maintained at the applicable time, the average balances of Accounts 2231 and 2232) costs to\n these categories/subcategories during the twelve-month period ending December 31, 2000.\n\n (6) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the average balance of Account 2230 to the\n categories/subcategories as specified in paragraphs (b)(1) through (4) of this section based on the\n relative percentage assignment of the average balance of Account 2230 (or, if Accounts 2231 and\n 2232 were required to be maintained at the applicable time, the average balances of Accounts 2231\n and 2232) costs to these categories/subcategories during the twelve-month period ending\n December 31, 2000.\n\n (c) Apportionment of Exchange Circuit Equipment Among the Operations:\n\n (1) Wideband Exchange Line Circuit Equipment—Category 4.11—The cost of exchange circuit equipment\n in this category is determined separately for each wideband facility. The respective costs are\n allocated to the appropriate operation in the same manner as the related exchange line cable and\n wire facilities described in § 36.155.\n\n (2) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12—The cost of\n exchange circuit equipment associated with this category for the study area is allocated to the\n appropriate operation in the same manner as the related exchange trunk cable and wire facilities as\n described in § 36.155.\n\n (3) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13—The cost of Circuit\n Equipment associated with exchange line plant excluding wideband for the study area is assigned to\n subcategories and is allocated to the appropriate operation in the same manner as the related\n exchange line cable and wire facilities for non-wideband service as described in § 36.154.\n\n (4) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the\n categories/subcategories, as specified in paragraphs (b)(1) through (4) of this section, among the\n jurisdictions using the relative use measurements or factors, as specified in paragraphs (c)(1)\n\n\n\n\n47 CFR 36.126(c)(4) (enhanced display) page 18 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.126(d)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n through (3) of this section for the twelve-month period ending December 31, 2000. Direct\n assignment of any subcategory of Category 4.1 Exchange Circuit Equipment to the jurisdictions shall\n be updated annually.\n\n (d) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures to be Used by\n Interexchange Carriers.\n\n (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category\n 4.21—This category comprises that circuit equipment provided for the use of another company as an\n integral part of its interexchange circuit facilities used wholly for interstate services. This category\n includes such circuit equipment as telephone carrier terminals and microwave systems used wholly\n for interstate services. The total cost of the circuit equipment in this category for the study area is\n assigned to the interstate operation.\n\n (2) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes\n the circuit equipment portion of interexchange channels used for wideband services. The cost of\n interexchange circuit equipment in this category is determined separately for each wideband\n channel and is segregated between message and private line services on the basis of the use of the\n channels provided. The respective costs are allocated to the appropriate operation in the same\n manner as the related interexchange cable and wire facilities as described in § 36.156.\n\n (3) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all\n interexchange circuit equipment not assigned to Categories 4.21 and 4.22. Interexchange carriers\n shall freeze the allocation factors for Category 4.23 investment at levels reached on December 31,\n 1985, derived by using the procedures in effect at that time. On January 1, 1988, and thereafter, that\n frozen allocation factor shall be applied to each interexchange carrier's Category 4.23 investment to\n derive the interstate allocation. On January 1, 1988, and thereafter, the amount of investment\n allocated to the interstate jurisdiction will vary but the relative proportion of the total investment that\n is allocated to the interstate jurisdiction will remain frozen at 1985 levels.\n\n (e) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures To Be Used by\n Exchange Carriers.\n\n (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use\n Category—4.21—This category comprises that circuit equipment provided for the use of another\n company as an integral part of its interexchange circuit facilities used wholly for interstate services.\n This category includes such circuit equipment as telephone carrier terminals and microwave\n systems used wholly for interstate services. The total cost of the circuit equipment in this category\n for the study area is assigned to the interstate operation.\n\n (2) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes\n the circuit equipment portion of interexchange channels used for wideband services. The cost of\n interexchange circuit equipment in this category is determined separately for each wideband\n channel and is segregated between message and private line services on the basis of the use of the\n channels provided. The respective costs are allocated to the appropriate operation in the same\n manner as the related interexchange cable and wire facilities described in § 36.156.\n\n (3) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all\n interexchange circuit equipment not assigned to Categories 4.21 and 4.22. The cost of\n interexchange basic circuit equipment used for the following classes of circuits is included in this\n\n\n\n47 CFR 36.126(e)(3) (enhanced display) page 19 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.126(e)(3)(i)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n category: Jointly used message circuits, i.e., message switching plant circuits carrying messages\n from the state and interstate operations; circuits used for state private line service; and circuits used\n for state private line services.\n\n (i) An average interexchange circuit equipment cost per equivalent interexchange telephone\n termination for all circuits is determined and applied to the equivalent interexchange telephone\n termination counts of each of the following classes of circuits: Private Line, State Private Line,\n Message. The cost of interstate private line circuits is assigned directly to the interstate\n operation. The cost of state private line circuits is assigned directly to the state operation. The\n cost of message circuits is apportioned between the state and interstate operations on the\n basis of the relative number of study area conversation-minutes applicable to such facilities.\n\n (ii) [Reserved]\n\n (iii) The cost of special circuit equipment is segregated among private line services based on an\n analysis of the use of the equipment and in accordance with § 36.126(b)(4). The special circuit\n equipment cost assigned to private line services is directly assigned to the appropriate\n operations.\n\n (4) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the\n categories/subcategories specified in paragraphs (e)(1) through (3) of this section among the\n jurisdictions using relative use measurements or factors, as specified in paragraphs (e)(1) through\n (3) for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of\n Category 4.2 Interexchange Circuit Equipment to the jurisdictions shall be updated annually.\n\n (f) Apportionment of Host/Remote Message Circuit Equipment Among the Operations.\n\n (1) Host/Remote Message Circuit Equipment—Category 4.3. This category includes message host/\n remote location circuit equipment for which a message circuit switching function is performed at the\n host central office associated with cable and wire facilities as described in § 36.152(c).\n\n (i) The category 4.3 cost of host/remote circuit equipment assigned to message services for the\n study area is apportioned among the exchange, intrastate toll, and interstate toll operations on\n the basis of the assignment of host/remote message cable and wire facilities as described in §\n 36.157.\n\n (ii) [Reserved]\n\n (2) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the\n subcategory specified in paragraph (f)(1) of this section among the jurisdictions using the allocation\n factor, as specified in paragraph (f)(1)(i) of this section, for this subcategory for the twelve-month\n period ending December 31, 2000. Direct assignment of any Category 4.3 Host/Remote Message\n Circuit Equipment to the jurisdictions shall be updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988; 66 FR 33205, June 21, 2001; 69 FR 12550, Mar. 17, 2004;\n71 FR 65745, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36236, June 26, 2014; 82 FR 48776, Oct.\n20, 2017; 83 FR 63585, Dec. 11, 2018; 84 FR 4360, Feb. 15, 2019]\n\n\n INFORMATION ORIGINATION/TERMINATION (IOT) EQUIPMENT\n\n\n\n\n47 CFR 36.126(f)(2) (enhanced display) page 20 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.141\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.141 General.\n (a) Information Origination/Termination Equipment is maintained in Account 2310 and includes station\n apparatus, embedded customer premises wiring, large private branch exchanges, public telephone\n terminal equipment, and other terminal equipment.\n\n (b) The costs in Account 2310 shall be segregated between Other Information Origination/Termination\n Equipment—Category 1, and New Customer Premises Equipment—Category 2 by an analysis of\n accounting, engineering and other records.\n\n (c) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the average balance of Account 2310 to the categories,\n as specified in paragraph (b) of this section, based on the relative percentage assignment of the average\n balance of Account 2310 to these categories during the twelve-month period ending December 31, 2000.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36237, June 26, 2014]\n\n\n§ 36.142 Categories and apportionment procedures.\n (a) Other Information Origination/Termination Equipment—Category 1. This category includes the cost of\n other information origination/termination equipment not assigned to Category 2. The costs of other\n information origination/termination equipment are allocated pursuant to the factor that is used to allocate\n subcategory 1.3 Exchange Line C&WF.\n\n (b) Customer Premises Equipment—Category 2. This category includes the cost of Customer Premises\n Equipment that was detariffed pursuant to the Second Computer Inquiry decision. It shall be assigned to\n the state operations.\n\n (c) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories,\n as specified in § 36.141(b), among the jurisdictions using the relative use measurements or factors, as\n specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct\n assignment of any category of Information Origination/Termination Equipment to the jurisdictions shall\n be updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n CABLE AND WIRE FACILITIES\n\n§ 36.151 General.\n (a) Cable and Wire Facilities, Account 2410, includes the following types of communications plant in service:\n Poles and antenna supporting structures, aerial cable, underground cable, buried cable, submarine cable,\n deep sea cable, intrabuilding network cable, aerial wire and conduit systems.\n\n (b) For separations purposes, it is necessary to analyze the cable and wire facilities classified in subordinate\n records in order to determine their assignment to the categories listed in the following paragraphs.\n\n\n\n\n47 CFR 36.151(b) (enhanced display) page 21 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.151(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) In the separation of the cost of cable and wire facilities among the operations, the first step is the\n assignment of the facilities to certain categories. The basic method of making this assignment is the\n identification of the facilities assignable to each category and the determination of the cost of the\n facilities so identified. Because of variations among companies in the character of the facilities and\n operating conditions, and in the accounting and engineering records maintained, the detailed methods\n followed, of necessity, will vary among the companies. The general principles to be followed, however, will\n be the same for all companies.\n\n (d) The second step is the apportionment of the cost of the facilities in each category among the operations\n through the application of appropriate factors or by direct assignment.\n\n§ 36.152 Categories of Cable and Wire Facilities (C&WF).\n (a) C&WF are basically divided between exchange and interexchange. Exchange C&WF consists of the\n following categories:\n\n (1) Exchange Line C&WF Excluding Wideband—Category 1—This category includes C&W facilities\n between local central offices and subscriber premises used for message telephone, private line,\n local channels, and for circuits between control terminals and radio stations providing very high\n frequency maritime service or urban or highway mobile service.\n\n (2) Wideband and Exchange Trunk C&WF—Category 2—This category includes all wideband, including\n Exchange Line Wideband and C&WF between local central offices and Wideband facilities. It also\n includes C&WF between central offices or other switching points used by any common carrier for\n interlocal trunks wholly within an exchange or metropolitan service area, interlocal trunks with one or\n both terminals outside a metropolitan service area carrying some exchange traffic, toll connecting\n trunks, tandem trunks principally carrying exchange traffic, the exchange trunk portion of WATS\n access lines, the exchange trunk portion of private line local channels, and the exchange trunk\n portion of circuits between control terminals and radio stations providing very high frequency\n maritime service or urban or highway mobile service.\n\n (3) The procedures for apportioning the cost of exchange cable and wire facilities among the operations\n are set forth in §§ 36.154 and 36.155.\n\n (b) Interexchange C&WF—Category 3—This category includes the C&WF used for message toll and toll private\n line services. It includes cable and wire facilities carrying intertoll circuits, tributary circuits, the\n interexchange channel portion of special service circuits, circuits between control terminals and radio\n stations used for overseas or coastal harbor service, interlocal trunks between offices in the different\n exchange or metropolitan service areas carrying only message toll traffic and certain tandem trunks\n which carry principally message toll traffic.\n\n (1) The procedures for apportioning the cost of interexchange cable and wire facilities among the\n operations are set forth in § 36.156.\n\n (c) Host/Remote Message C&WF—Category 4—This category includes the cost of message host/remote\n location C&WF for which a message circuit switching function is performed at the host central office. It\n applies to C&WF between host offices and all remote locations. The procedures for apportioning the cost\n of these facilities among the operations are set forth in § 36.157.\n\n\n\n\n47 CFR 36.152(c) (enhanced display) page 22 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.152(d)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (d) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the average balance of Account 2410 to the categories/\n subcategories, as specified in paragraph (a) through (c) of this section based on the relative percentage\n assignment of the average balance of Account 2410 to these categories/subcategories during the twelve-\n month period ending December 31, 2000.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n§ 36.153 Assignment of Cable and Wire Facilities (C&WF) to categories.\n (a) Cable consists of: Aerial cable, underground cable, buried cable, submarine cable, deep sea cable and\n intrabuilding network cable. Where an entire cable or aerial wire is assignable to one category, its cost and\n quantity are, where practicable, directly assigned.\n\n (1) Cable.\n\n (i) There are two basic methods for assigning the cost of cable to the various categories. Both of\n them are on the basis of conductor cross section. The methods are as follows:\n\n (A) By section of cable, uniform as to makeup and relative use by categories. From an analysis\n of cable engineering and assignment records, determine in terms of equivalent gauge the\n number of pairs in use or reserved, for each category. The corresponding percentages of\n use, or reservation, are applied to the cost of the section of cable, i.e., sheath meters times\n unit cost per meter, to obtain the cost assignable to each category.\n\n (B) By using equivalent pair kilometers, i.e., pair kilometers expressed in terms of equivalent\n gauge. From an analysis of cable engineering and assignment records, determine the\n equivalent pair kilometers in use for each category by type of facility, e.g., quadded, paired.\n The equivalent pair kilometers are then divided by a cable fill factor to obtain the\n equivalent pair kilometers in plant. The total equivalent pair kilometers in plant assigned to\n each category is summarized by type of facility, e.g., quadded and paired, and priced at\n appropriate average unit costs per equivalent pair kilometer in plant. If desired, this study\n may be made in terms of circuit kilometers rather than physical pair kilometers, with\n average cost and fill data consistent with the basis of the facilities kilometer count.\n\n (ii) In the assignment of the cost of cable under the two basic methods described in §\n 36.153(a)(1)(i) consideration is given to the following:\n\n (A) Method (A) described in § 36.153(a)(1)(i)(A) will probably be found more desirable where\n there is a relatively small amount of cable of variable make-up and use by categories.\n Conversely, method (B) described in § 36.153(a)(1)(i)(B) will probably be more desirable\n where there is a large amount of cable of variable make-up and use by categories.\n However, in some cases a combination of both methods may be desirable.\n\n (B) It will be desirable in some cases to determine the amount assignable to a particular\n category by deducting from the total the sum of the amounts assigned to all other\n categories.\n\n (C) For use in the assignment of poles to categories, the equivalent sheath kilometers of aerial\n cable assigned to each category are determined. For convenience, these quantities are\n determined in connection with assignment of cable costs.\n\n47 CFR 36.153(a)(1)(ii)(C) (enhanced display) page 23 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.153(a)(1)(ii)(D)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (D) Where an entire cable is assignable to one category, its costs and quantity are, where\n practicable, directly assigned.\n\n (iii) For cables especially arranged for high-frequency transmission such as shielded, disc-insulated\n and coaxial, recognition is given to the additional costs which are charged to the high-frequency\n complement.\n\n (2) Cable Loading.\n\n (i) Methods for assigning the cost of loading coils, cases, etc., to categories are comparable with\n those used in assigning the associated cable to categories. Loading associated with cable\n which is directly assigned to a given category is also directly assigned. The remaining loading\n is assigned to categories in either of the following bases:\n\n (A) By an analysis of the use made of the loading facilities where a loading coil case includes\n coils assignable to more than one category, e.g., in the case of a single gauge uniformly\n loaded section, the percentage used in the related cable assignment are applicable, or\n\n (B) By pricing out each category by determining the pair meters of loaded pairs assigned to\n each category and multiplying by the unit cost per pair meter of loading by type.\n\n (3) Other Cable Plant.\n\n (i) In view of the small amounts involved, the cost of all protected terminals and gas pressure\n contactor terminals in the toll cable subaccounts is assigned to the appropriate Interexchange\n Cable & Wire Facilities categories. The cost of all other terminals in the exchange and toll cable\n subaccounts is assigned to Exchange Cable and Wire Facilities.\n\n (b) Aerial Wire.\n\n (1) The cost of wire accounted for as exchange is assigned to the appropriate Exchange Cable & Wire\n Facilities categories. The cost of wire accounted for as toll, which is used for exchange, is also\n assigned to the appropriate Exchange Cable & Wire Facilities categories. The cost of the remaining\n wire accounted for as toll is assigned to the appropriate Interexchange Cable & Wire Facilities\n categories as described in § 36.156. For companies not maintaining exchange and toll subaccounts,\n it is necessary to review the plant records and identify wire plant by use. The cost of wire used for\n providing circuits directly assignable to a category is assigned to that category. The cost of wire\n used for providing circuit facilities jointly used for exchange and interexchange lines is assigned to\n categories on the basis of the relative number of circuit kilometers involved.\n\n (c) Poles and Antenna Supporting Structures.\n\n (1) In the assignment of these costs, anchors, guys, crossarms, antenna supporting structure, and right-\n of-way are included with the poles.\n\n (2) Poles. (i) The cost of poles is assigned to categories based on the ratio of the cost of poles to the\n total cost of aerial wire and aerial cable.\n\n (d) Conduit Systems.\n\n (1) The cost of conduit systems is assigned to categories on the basis of the assignment of the cost of\n underground cable.\n\n[53 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 58 FR 44905, Aug. 25, 1993]\n\n\n47 CFR 36.153(d)(1) (enhanced display) page 24 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.154\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.154 Exchange Line Cable and Wire Facilities (C&WF)—Category 1—apportionment\nprocedures.\n (a) Exchange Line C&WF—Category 1. The first step in apportioning the cost of exchange line cable and wire\n facilities among the operations is the determination of an average cost per working loop. This average\n cost per working loop is determined by dividing the total cost of exchange line cable and wire Category 1\n in the study area by the sum of the working loops described in subcategories listed below. The\n subcategories are:\n\n Subcategory 1.1—State Private Lines and State WATS Lines. This subcategory shall include all private\n lines and WATS lines carrying exclusively state traffic as well as private lines and WATS lines carrying both\n state and interstate traffic if the interstate traffic on the line involved constitutes ten percent or less of the\n total traffic on the line.\n\n Subcategory 1.2—Interstate private lines and interstate WATS lines. This subcategory shall include all\n private lines and WATS lines that carry exclusively interstate traffic as well as private lines and WATS lines\n carrying both state and interstate traffic if the interstate traffic on the line involved constitutes more than\n ten percent of the total traffic on the line.\n\n Subcategory 1.3—Subscriber or common lines that are jointly used for local exchange service and\n exchange access for state and interstate interexchange services.\n\n (b) The costs assigned to subcategories 1.1 and 1.2 shall be directly assigned to the appropriate jurisdiction.\n\n (c) Effective January 1, 1986, 25 percent of the costs assigned to subcategory 1.3 shall be allocated to the\n interstate jurisdiction.\n\n (d)–(f) [Reserved]\n\n (g) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Subcategory 1.3\n Exchange Line C&WF among the jurisdictions as specified in paragraph (c) of this section. Direct\n assignment of subcategory Categories 1.1 and 1.2 Exchange Line C&WF to the jurisdictions shall be\n updated annually as specified in paragraph (b) of this section.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 54 FR 31033, July 26, 1989; 66 FR 33206, June 21, 2001;\n67 FR 17014, Apr. 9, 2002; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, June\n26, 2014; 83 FR 63585, Dec. 11, 2018]\n\n\n§ 36.155 Wideband and exchange trunk (C&WF)—Category 2—apportionment procedures.\n (a) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct\n assignment is not feasible, cost shall be apportioned between the state and interstate jurisdictions on the\n basis of the relative number of minutes of use.\n\n (b) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 2 Wideband\n and exchange trunk C&WF among the jurisdictions using the relative number of minutes of use, as\n specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct\n assignment of any Category 2 equipment to the jurisdictions shall be updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36237, June 26, 2014]\n\n\n\n47 CFR 36.155(b) (enhanced display) page 25 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.156\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.156 Interexchange Cable and Wire Facilities (C&WF)—Category 3—apportionment\nprocedures.\n (a) An average interexchange cable and wire facilities cost per equivalent interexchange telephone circuit\n kilometer for all circuits in Category 3 is determined and applied to the equivalent interexchange\n telephone circuit kilometer counts of each of the classes of circuits.\n\n (b) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct\n assignment is not feasible, cost shall be apportioned between the state and interstate jurisdiction on the\n basis of conversation-minute kilometers as applied to toll message circuits, etc.\n\n (c) Effective July 1, 2001, through December 31, 2024, all study areas shall directly assign Category 3\n Interexchange Cable and Wire Facilities C&WF where feasible. All study areas shall apportion the non-\n directly assigned costs in Category 3 equipment to the jurisdictions using the relative use measurements,\n as specified in paragraph (b) of this section, during the twelve-month period ending December 31, 2000.\n\n[58 FR 44905, Aug. 25, 1993, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010;\n76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n§ 36.157 Host/remote message Cable and Wire Facilities (C&WF)—Category 4—apportionment\nprocedures.\n (a) Host/Remote Message C&WF—Category 4. The cost of host/remote C&WF used for message circuits, i.e.,\n circuits carrying only message traffic, is included in this category.\n\n (1) The cost of host/remote message C&WF excluding WATS closed end access lines for the study area\n is apportioned on the basis of the relative number of study area minutes-of-use kilometers\n applicable to such facilities.\n\n (2) The cost of host/remote message C&WF used for WATS closed end access for the study area is\n directly assigned to the appropriate jurisdiction.\n\n (b) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 4 Host/\n Remote message Cable and Wire Facilities C&WF among the jurisdictions using the relative number of\n study area minutes-of-use kilometers applicable to such facilities, as specified in paragraph (a)(1) of this\n section, for the twelve-month period ending December 31, 2000. Direct assignment of any Category 4\n equipment to the jurisdictions shall be updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993; 66 FR 33206, June 21, 2001; 75 FR 30301, June 1, 2010;\n76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n AMORTIZABLE ASSETS\n\n§ 36.161 Tangible assets—Account 2680.\n (a) Tangible Assets, Account 2680 includes the costs of property acquired under capital leases and the\n original cost of leasehold improvements.\n\n (b) The costs of capital leases are apportioned among the operations based on similar plant owned or by\n analysis.\n\n\n47 CFR 36.161(b) (enhanced display) page 26 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.161(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) The cost of leasehold improvements are apportioned among the operations in direct proportion to the\n costs of the related primary account.\n\n§ 36.162 Intangible assets—Account 2690.\n (a) Intangible Assets, Account 2690 includes the costs of organizing and incorporating the company,\n franchises, patent rights, and other intangible property having a life of more than one year.\n\n (b) The amount included in this account is apportioned among the operations on the basis of the separation\n of the cost of Telecommunications Plant In Service, Account 2001, excluding the Intangible Assets,\n Account 2690.\n\n TELECOMMUNICATIONS PLANT—OTHER\n\n§ 36.171 Property held for future telecommunications use—Account 2002; Telecommunications\nplant under construction—Account 2003; and Telecommunications plant adjustment—Account\n2005.\nThe amounts carried in Accounts 2002, 2003, and 2005 are apportioned among the operations on the basis of the\napportionment of Account 2001, Telecommunications Plant in Service.\n\n[60 FR 12138, Mar. 6, 1995]\n\n\n RURAL TELEPHONE BANK STOCK\n\n§ 36.172 Other noncurrent assets—Account 1410.\n (a) The amounts carried in this account shall be separated into subsidiary record categories:\n\n (1) Class B RTB Stock and\n\n (2) All other.\n\n (b) The amounts contained in category (2) all other of § 36.172(a)(2), shall be excluded from part 36\n jurisdictional separations.\n\n (c) The amounts contained in category (1) Class B RTB stock of § 36.172(a)(1), shall be allocated based on\n the relative separations of Account 2001, Telephone Plant in Service.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]\n\n\n MATERIAL AND SUPPLIES AND CASH WORKING CAPITAL\n\n§ 36.181 Material and supplies—Account 1220.\n (a) The amount included in Account 1220 is apportioned among the operations on the basis of the\n apportionment of the cost of cable and wire facilities in service. Any amounts included in Account 1220\n associated with the Customer Premises portion of Account 2310 equipment, shall be excluded from the\n amounts which are allocated to the interstate operation.\n\n\n\n47 CFR 36.181(a) (enhanced display) page 27 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.182\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.182 Cash working capital.\n (a) The amount for cash working capital, if not determined directly for a particular operation, is apportioned\n among the operations on the basis of total expenses less non-cash expense items.\n\n EQUAL ACCESS EQUIPMENT\n\n§ 36.191 Equal access equipment.\n (a) Equal access investment includes only initial incremental expenditures for hardware and other equipment\n related directly to the provision of equal access which would not be required to upgrade the capabilities of\n the office involved absent the provision of equal access. Equal access investment is limited to such\n expenditures for converting central offices which serve competitive interexchange carriers or where there\n has been a bona fide request for conversion to equal access.\n\n (b) Equal access investment is first segregated from all other amounts in the primary accounts.\n\n (c) The equal access investment determined in this manner is allocated between the jurisdictions on the\n basis of relative state and interstate equal access traffic including interstate interLATA equal access\n traffic, intrastate interLATA equal access traffic, and BOC interstate corridor toll traffic as well as AT&T\n and OCC intraLATA equal access usage. Local exchange traffic and BOC intraLATA toll traffic is excluded.\n In the case of independent telephone companies, intrastate toll service provided by the independent local\n exchange company is excluded in determining intrastate usage, but intrastate toll service provided by long\n distance carriers affiliated with the local exchange company is included.\n\n (d) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Equal Access\n Equipment, as specified in paragraph (a) of this section, among the jurisdictions using the relative state\n and interstate equal access traffic, as specified in paragraph (c) of this section, for the twelve-month\n period ending December 31, 2000.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 66 FR 33206, June 21, 2001; 75 FR 30301, June 1, 2010;\n76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\nSubpart C—Operating Revenues and Certain Income Accounts\n\n GENERAL\n\n§ 36.201 Section arrangement.\nThis subpart is arranged in sections as follows:\n\n General 36.202\n Operating Revenues 36.211\n Basic local services revenue—Account 5000 36.212\n Network Access Revenues—Accounts 5081 thru 5083 36.213\n Long Distance Message Revenue—Account 5100 36.214\n Miscellaneous Revenue—Account 5200 36.215\n Uncollectible Revenue—Account 5300 36.216\n\n\n47 CFR 36.201 (enhanced display) page 28 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.202\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n Certain Income Accounts:\n Other Operating Income and Expenses—Account 7100 36.221\n Nonoperating Income and Expenses—Account 7300 36.222\n Interest and Related Items—Account 7500 36.223\n Extraordinary Items—Account 7600 36.224\n Income Effect of Jurisdictional Ratemaking Differences—Account 7910 36.225\n\n\n[69 FR 12550, Mar. 17, 2004, as amended at 83 FR 63585, Dec. 11, 2018]\n\n\n§ 36.202 General.\n (a) This section sets forth procedures for the apportionment among the operations of operating revenues and\n certain income and expense accounts.\n\n (b) Except for the Network Access Revenues, subsidiary record categories are maintained for all revenue\n accounts in accordance with the requirements of part 32. These subsidiary records identify services for\n the appropriate jurisdiction and will be used in conjunction with apportionment procedures stated in this\n manual.\n\n[52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004]\n\n\n OPERATING REVENUES\n\n§ 36.211 General.\nOperating revenues are included in the following accounts:\n\n Account title Account No.\n Basic Local Service Revenue 5000\n Network Access Revenues:\n End User Revenue 5081\n Switched Access Revenue 5082\n Special Access Revenue 5083\n Long Distance Message Revenue 5100\n Miscellaneous Revenue 5200\n Uncollectible Revenue 5300\n\n\n[69 FR 12550, Mar. 17, 2004, as amended at 83 FR 63585, Dec. 11, 2018]\n\n\n§ 36.212 Basic local services revenue—Account 5000.\n (a) Local private line revenues from broadcast program transmission audio services and broadcast program\n transmission video services are assigned to the interstate operation.\n\n (b) Revenues that are attributable to the origination or termination of interstate FX or CCSA like services shall\n be assigned to the interstate jurisdiction.\n\n\n47 CFR 36.212(b) (enhanced display) page 29 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.212(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) Wideband Message Service revenues from monthly and miscellaneous charges, service connections,\n move and change charges, are apportioned between state and interstate operations on the basis of the\n relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all\n study areas shall apportion Wideband Message Service revenues among the jurisdictions using the\n relative number of minutes of use for the twelve-month period ending December 31, 2000.\n\n (d) All other revenues in this account are assigned to the exchange operation based on their subsidiary record\n categories or on the basis of analysis and studies.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n§ 36.213 Network access services revenues.\n (a) End User Revenue—Account 5081. Revenues in this account are directly assigned on the basis of analysis\n and studies.\n\n (b) Switched Access Revenue—Account 5082. Revenues in this account are directly assigned on the basis of\n analysis and studies.\n\n (c) Special Access Revenue—Account 5083. Revenues in this account are directly assigned on the basis of\n analysis and studies.\n\n[52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004]\n\n\n§ 36.214 Long distance message revenue—Account 5100.\n (a) Wideband message service revenues from monthly and miscellaneous charges, service connections,\n move and change charges, are apportioned between state and interstate operations on the basis of the\n relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all\n study areas shall apportion Wideband Message Service revenues among the jurisdictions using the\n relative number of minutes of use for the twelve-month period ending December 31, 2000.\n\n (b) Long Distance private line service revenues from broadcast program transmission audio services and\n broadcast program transmission video services are assigned to the interstate operation.\n\n (c) All other revenues in this account are directly assigned based on their subsidiary record categories or on\n the basis of analysis and studies.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36237, June 26, 2014]\n\n\n§ 36.215 Miscellaneous revenue—Account 5200.\n (a) Directory revenues are assigned to the exchange operation.\n\n (b) Billing and collection revenues are assigned on the basis of services being provided.\n\n (c) All other revenues are apportioned on the basis of analysis.\n\n\n\n\n47 CFR 36.215(c) (enhanced display) page 30 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.216\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.216 Uncollectible revenue—Account 5300.\nThe amounts in this account are apportioned among the operations on the basis of analysis during a representative\nperiod of the portion of Account 1171, Allowance for doubtful accounts, related to telecommunications billing.\n\n[69 FR 12551, Mar. 17, 2004]\n\n\n CERTAIN INCOME ACCOUNTS\n\n§ 36.221 Other operating income and expenses—Account 7100.\n (a) Amounts relating to translation in foreign exchange differentials are assigned to the interstate operations.\n\n (b) All other amounts are apportioned based on Telecommunications Plant in Service, Account 2001, if plant\n related, or on the nature of the item reflected in the account, if not plant related.\n\n§ 36.222 Nonoperating income and expenses—Account 7300.\n (a) Only allowance for funds used during construction, and charitable, social and community welfare\n contributions are considered in this account for separations purposes.\n\n (b) Subsidiary record categories should be maintained for this account that include identification of amounts\n made to the account for\n\n (1) credits representing allowance for funds used during construction and\n\n (2) contributions for charitable, social or community welfare purposes, employee activities, membership\n dues and fees in service clubs, community welfare association and similar organizations.\n\n (c) The portion reflecting allowance for funds used during construction is apportioned on the basis of the\n cost of Telecommunications Plant Under Construction—Account 2003. The portion reflecting costs for\n social and community welfare contributions and fees is apportioned on the basis of the apportionment of\n corporate operations expenses.\n\n[52 FR 17229, May 6, 1987, as amended at 60 FR 12138, Mar. 6, 1995]\n\n\n§ 36.223 Interest and related items—Account 7500.\n (a) Only interest paid relating to capital leases is considered in this account for separations purposes.\n Subsidiary Record Categories should be maintained for this account that include details relating to\n interest expense on capital leases. Such interest expense is apportioned on a basis consistent with the\n associated capital leases in Account 2680.\n\n§ 36.224 Extraordinary items—Account 7600.\n (a) Amounts in this account of an operating nature are apportioned on a basis consistent with the nature of\n these items.\n\n§ 36.225 Income effect of jurisdictional ratemaking differences—Account 7910.\n (a) Amounts in this account are directly assigned to the appropriate jurisdiction.\n\nSubpart D—Operating Expenses and Taxes\n\n47 CFR 36.225(a) (enhanced display) page 31 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.301\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n GENERAL\n\n§ 36.301 Section arrangement.\nThis subpart is arranged in sections as follows:\n\n General 36.301 and\n 36.302.\n Plant Specific Operations Expenses:\n General 36.310.\n Network Support/General Support Expenses—Accounts 6110 and 6120 36.311.\n Central Office Expenses—Accounts 6210, 6220, 6230 36.321.\n Information Origination/Termination Expenses—Account 6310 36.331.\n Cable and Wire Facilities Expenses—Account 6410 36.341.\n Plant Nonspecific Operations Expenses:\n General 36.351.\n Other Property Plant and Equipment Expenses—Account 6510 36.352.\n Network Operations Expenses—Account 6530 36.353.\n Access Expenses—Account 6540 36.354.\n Depreciation and Amortization Expenses—Account 6560 36.361.\n Customer Operations Expenses:\n General 36.371.\n Marketing—Account 6610 36.372.\n Services—Account 6620 36.373.\n Telephone Operator Services 36.374.\n Published Directory Listing 36.375.\n All Other 36.376.\n Category 1—Local Bus. Office Expense 36.377.\n Category 2—Customer Services (Revenue Accounting) 36.378.\n Message Processing Expense 36.379.\n Other Billing and Collecting Expense 36.380.\n Carrier Access Charge Billing and Collecting Expense 36.381.\n Category 3—All other Customer Service Expense 36.382.\n Corporate Operations Expenses:\n General 36.391.\n General and Administrative Expenses—Account 6720 36.392.\n Operating Taxes—Account 7200 36.411 and 36.412.\n Equal Access Expenses 36.421.\n\n\n[69 FR 12551, Mar. 17, 2004, as amended at 83 FR 63585, Dec. 11, 2018]\n\n\n\n\n47 CFR 36.301 (enhanced display) page 32 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.302\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.302 General.\n (a) This section sets forth procedures for the apportionment among the operations of operating expenses\n and operating taxes.\n\n (b) As covered in § 36.2 (c) and (d), the treatment of expenses relating to plant furnished to and obtained\n from others under rental arrangements is consistent with the treatment of such plant.\n\n (c) In accordance with requirements in part 32 § 32.5999 (f) expenses recorded in the expense accounts are\n segregated in the accounting process among the following subsidiary record categories as appropriate to\n each account:\n\n Salaries and Wages\n\n Benefits\n\n Rents\n\n Other Expenses\n\n Clearances\n\n (1) Subsidiary Record Categories (SRCs) for Salaries and Wages, Benefits and Other Expenses are\n applicable to all of the expense accounts except for:\n\n (i) SRCs for access expenses are maintained to identify interstate and state access expense and\n billing and collection expense for carrier's carrier.\n\n (ii) Depreciation and Amortization Expense SRCs identify the character of the items contained in\n the account.\n\n (2) SRCs for Rents and Clearance are only applicable to the Plant Specific Operating Expense accounts\n 6110 thru 6410.\n\n[52 FR 17229, May 6, 1987, as amended at 83 FR 63586, Dec. 11, 2018]\n\n\n PLANT SPECIFIC OPERATIONS EXPENSES\n\n§ 36.310 General.\n (a) Plant specific operations expenses include the following accounts:\n\n\n Table 1 to Paragraph (a)\n\n Network Support Expenses Account 6110.\n General Support Expenses Account 6120.\n Central Office Switching Expenses Account 6210.\n Operator System Expenses Account 6220.\n Central Office Transmission Expenses Account 6230.\n\n\n47 CFR 36.310(a) (enhanced display) page 33 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.310(b)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n Information Origination/Termination Expenses Account 6310.\n Cable and Wire Facilities Expenses Account 6410.\n\n\n (b) These accounts are used to record costs related to specific kinds of telecommunications plant and\n predominantly mirror the telecommunications plant in service detail accounts. Accordingly, these expense\n accounts will generally be apportioned in the same manner as the related plant accounts.\n\n (c) Except where property obtained from or furnished to other companies is treated as owned property by the\n company making the separation, and the related operating rents are excluded from the separation studies\n as set forth in § 36.2 (c) and (d), amounts are apportioned among the operations on bases generally\n consistent with the treatment prescribed for similar plant costs and consistent with the relative\n magnitude of the items involved.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 69 FR 12551, Mar. 17, 2004; 83 FR 63586, Dec. 11, 2018]\n\n\n NETWORK SUPPORT/GENERAL SUPPORT EXPENSES\n\n§ 36.311 Network Support/General Support Expenses—Accounts 6110 and 6120.\n (a) Network Support Expenses are expenses associated with motor vehicles, aircraft, special purpose\n vehicles, garage work equipment, and other work equipment. General Support Expenses are expenses\n associated with land and buildings, furniture and artworks, office equipment, and general purpose\n computers.\n\n (b) The expenses in these account are apportioned among the operations on the basis of the separation of\n account 2110, Land and Support Assets.\n\n CENTRAL OFFICE EXPENSES\n\n§ 36.321 Central office expenses—Accounts 6210, 6220, and 6230.\n (a) The expenses related to central office equipment are summarized in the following accounts:\n\n\n Table 1 to Paragraph (a)\n\n Central Office Switching Expense Account 6210.\n Operator Systems Expense Account 6220.\n Central Office Transmission Expense Account 6230.\n\n\n (b) The expenses in these accounts are apportioned among the operations on the basis of the separation of\n the investments in central office equipment—Accounts 2210, 2220 and 2230, combined.\n\n[52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004; 83 FR 63586, Dec. 11, 2018]\n\n\n INFORMATION ORIGINATION/TERMINATION EXPENSES\n\n\n\n47 CFR 36.321(b) (enhanced display) page 34 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.331\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.331 Information origination/termination expenses—Account 6310.\n (a) The expenses in this account are classified as follows:\n\n (1) Other Information Origination/Termination Equipment Expenses; Customer Premises Equipment\n Expenses\n\n (2) For some companies, these classifications are available from accounting records; for others, they are\n obtained by means of analyses of plant, accounting or other records for a representative period.\n\n (b) Other Information Origination/Termination Equipment Expenses include all expenses not associated with\n Customer Premises Equipment expenses. These expenses shall be apportioned between state and\n interstate operations in accordance with the apportionment of the related investment as per § 36.142(a).\n\n (c) Expenses related to Customer Premises Equipment shall be assigned to the state operations.\n\n[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]\n\n\n CABLE AND WIRE FACILITIES EXPENSES\n\n§ 36.341 Cable and wire facilities expenses—Account 6410.\n (a) This account includes the expenses for poles, antenna supporting structures, aerial cable, underground\n cable, buried cable, submarine cable, deep sea cable, intrabuilding network cable, aerial wire, and conduit\n systems.\n\n (b) The general method of separating cable and wire facilities expenses amoung the operations is to assign\n them on the basis of Account 2410—Cable and Wire Facilities.\n\n PLANT NONSPECIFIC OPERATIONS EXPENSES\n\n§ 36.351 General.\nPlant nonspecific operations expenses include the following accounts:\n\n\n Table 1 to § 36.351\n\n Other Property Plant and Equipment Expenses Account 6510.\n Network Operations Expenses Account 6530.\n Access Expenses Account 6540.\n Depreciation and Amortization Expenses Account 6560.\n\n\n[83 FR 63586, Dec. 11, 2018]\n\n\n PLANT EXPENSES—OTHER\n\n§ 36.352 Other property plant and equipment expenses—Account 6510.\n (a) This account is used to record the expenses associated with\n\n47 CFR 36.352(a) (enhanced display) page 35 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.352(a)(1)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (1) property held for future telecommunications use and\n\n (2) the provisioning of material and supplies.\n\n (b) The expenses in this account are apportioned among the operations based on the separation of Account\n 2001—Telecommunications Plant in Service.\n\n NETWORK OPERATIONS EXPENSES\n\n§ 36.353 Network operations expenses—Account 6530.\n (a) This account includes the expenses associated with the provisions of power, network administration,\n testing, plant operations administration, and engineering.\n\n (b) The expenses in this account are apportioned among the operations based on the separations of Account\n 2210, Central Office Switching, Account 2220 Operator Systems, Account 2230 Central Office\n Transmission, Account 2310, Information Origination/Termination and Account 2410, Cable and Wire\n Facilities, Combined.\n\n§ 36.354 Access expenses—Account 6540.\n (a) This account includes access charges paid to exchange carriers for exchange access service. These are\n directly assigned to the appropriate jurisdiction based on subsidiary record categories or on analysis and\n study.\n\n DEPRECIATION AND AMORTIZATION EXPENSES\n\n§ 36.361 Depreciation and amortization expenses—Account 6560.\n (a) This account includes the depreciation expenses for telecommunications plant in service and for property\n held for future telecommunications use. It also includes the amortization expense for tangible and\n intangible asserts.\n\n (b) Expenses recorded in this account shall be separated on the basis of the separation of the associated\n primary Plant Accounts or related categories.\n\n CUSTOMER OPERATIONS EXPENSES\n\n§ 36.371 General.\nCustomer Operations Expenses are included in the following accounts:\n\n Marketing Account 6610.\n Services Account 6620.\n\n\n[69 FR 12552, Mar. 17, 2004, as amended at 83 FR 63587, Dec. 11, 2018]\n\n\n\n\n47 CFR 36.371 (enhanced display) page 36 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.372\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n§ 36.372 Marketing—Account 6610.\nThe expenses in this account are apportioned among the operations on the basis of an analysis of current billing for\na representative period, excluding current billing on behalf of others and billing in connection with intercompany\nsettlements. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion expenses in this\naccount among the jurisdictions using the analysis during the twelve-month period ending December 31, 2000.\n\n[79 FR 36238, June 26, 2014]\n\n\n§ 36.373 Services—Account 6620.\n (a) For apportionment purposes, the expenses in this account are first segregated on the basis of an analysis\n of job functions into the following classifications: Telephone operator services: publishing directory\n listing; and all other.\n\n (1) Expenses may be apportioned among the operations for groups of exchanges. A group of exchanges\n may include all exchanges in the study area.\n\n§ 36.374 Telephone operator services.\n (a) Expenses in this classification include costs incurred for operators in call completion service and number\n services. This includes intercept, quoting rates, directory information, time charges, and all other operator\n functions performed in the central office, private branch exchange, teletypewriter exchange, and at public\n telephone stations.\n\n (b) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the Telephone operator\n expense classification based on the relative percentage assignment of the balance of Account 6620 to\n this classification during the twelve-month period ending December 31, 2000.\n\n (c) Expenses in this classification are apportioned among the operations on the basis of the relative number\n of weighted standard work seconds as determined by analysis and study for a representative period.\n\n (d) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Telephone operator\n expenses among the jurisdictions using the relative number of weighted standard work seconds, as\n specified in paragraph (c) of this section, during the twelve-month period ending December 31, 2000.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36238, June 26, 2014]\n\n\n§ 36.375 Published directory listing.\n (a) This classification includes expenses for preparing or purchasing, compiling and disseminating directory\n listings.\n\n (b) Published directory expense is assigned as follows:\n\n (1) Classified directory expense and all expense of soliciting advertising is assigned to the exchange\n operation.\n\n (2) The expense of alphabetical and street address directories and traffic information records is\n apportioned among the operations on the basis of the relative number of study area subscriber line\n minutes-of-use applicable to each operation.\n\n47 CFR 36.375(b)(2) (enhanced display) page 37 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.375(b)(3)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (3) The expense associated with directories and traffic information records prepared for one locality and\n used in another locality is known as “foreign directories expense.” Such expense is assigned to the\n appropriate operation on the basis of the location of the point where used with respect to the locality\n for which the directories and records were prepared.\n\n (4) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n classifications, as specified in paragraphs (b)(1) through (3) of this section, based on the relative\n percentage assignment of the balance of Account 6620 to these classifications during the twelve-\n month period ending December 31, 2000.\n\n (5) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Published\n directory listing expenses using the underlying relative use measurements, as specified in\n paragraphs (b)(1) through (3) of this section, during the twelve-month period ending December 31,\n 2000. Direct assignment of any Publishing directory listing expense to the jurisdictions shall be\n updated annually.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36238, June 26, 2014; 83 FR 63587, Dec. 11, 2018]\n\n\n§ 36.376 All other.\n (a) For apportionment purposes this classification must be divided into three categories:\n\n (1) Category 1—Local Business Office Expense.\n\n (2) Category 2—Customer Services Expense.\n\n (3) Category 3—All Other Customer Services Expense.\n\n§ 36.377 Category 1—Local business office expense.\n (a) The expense in this category for the area under study is first segregated on the basis of an analysis of job\n functions into the following subcategories: End user service order processing; end user payment and\n collection; end user billing inquiry; interexchange carrier service order processing; interexchange carrier\n payment and collection; interexchange carrier billing inquiry; and coin collection and administration.\n Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant\n to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the subcategories, as\n specified in this paragraph (a), based on the relative percentage assignment of the balance of Account\n 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000.\n\n (1) End-user service order processing includes expenses related to the receipt and processing of end\n users' orders for service and inquiries concerning service. This subcategory does not include any\n service order processing expenses for services provided to the interexchange carriers. End user\n service order processing expenses are first segregated into the following subcategories based on\n the relative number of actual contacts which are weighted, if appropriate, to reflect differences in the\n average work time per contact: Local service order processing; presubscription; directory\n advertising; State private line and special access; interstate private line and special access; other\n State message toll including WATS; other interstate message toll including WATS.\n\n (i) Local service order processing expense (primarily local telephone service orders) is assigned to\n the State jurisdiction.\n\n47 CFR 36.377(a)(1)(i) (enhanced display) page 38 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.377(a)(1)(ii)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (ii) Presubscription service order processing expense is assigned to the interstate jurisdiction.\n\n (iii) Directory advertising service order processing expense is assigned to the State jurisdiction.\n\n (iv) State private line and special access service order processing expense is assigned to the State\n jurisdiction.\n\n (v) Interstate private line and special access service order processing expense is assigned to the\n interstate jurisdiction.\n\n (vi) Other State message toll including WATS service order processing expense is assigned to the\n State jurisdiction.\n\n (vii) Other Interstate message toll including WATS service order processing expense is assigned to\n the interstate jurisdiction.\n\n (viii) [Reserved]\n\n (ix) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n categories/subcategories, as specified in paragraphs (a)(1)(i) through (viii) of this section,\n based on the relative percentage assignment of the balance of Account 6620 to these\n categories/subcategories during the twelve-month period ending December 31, 2000. Effective\n July 1, 2001, through December 31, 2024, all study areas shall apportion TWX service order\n processing expense, as specified in paragraph (a)(1)(viii) of this section among the\n jurisdictions using relative billed TWX revenues for the twelve-month period ending December\n 31, 2000. All other subcategories of End-user service order processing expense, as specified in\n paragraphs (a)(1)(i) through (viii) shall be directly assigned.\n\n (2) End user payment and collection includes expenses incurred in relation to the payment and\n collection of amounts billed to end users. It also includes commissions paid to payment agencies\n (which receive payment on customer accounts) and collection agencies. This category does not\n include any payment or collection expenses for services provided to interexchange carriers. End user\n payment and collection expenses are first segregated into the following subcategories based on\n relative total state and interstate billed revenues (excluding revenues billed to interexchange carriers\n and/or revenues deposited in coin boxes) for services for which end user payment and collection is\n provided: State private line and special access; interstate private line and special access; State\n message toll including WATS; interstate message toll including WATS, and interstate subscriber line\n charge; local, including directory advertising.\n\n (i) State private line and special access payment and collection expense is assigned to the State\n jurisdiction.\n\n (ii) Interstate private line and special access payment and collection expense is assigned to the\n interstate jurisdiction.\n\n (iii) State message toll including WATS payment and collection expense is assigned to the State\n jurisdiction.\n\n (iv) Interstate message toll including WATS and interstate subscriber line charge payment and\n collection expense is assigned to the interstate jurisdiction.\n\n (v) Local, including directory advertising payment and collection expense is assigned to the State\n jurisdiction.\n\n47 CFR 36.377(a)(2)(v) (enhanced display) page 39 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.377(a)(2)(vi)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (vi) [Reserved]\n\n (vii) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in paragraphs (a)(2)(i) through (vi) of this section, based on the\n relative percentage assignment of the balance of Account 6620 to these categories/\n subcategories during the twelve-month period ending December 31, 2000. All other\n subcategories of End User payment and collection expense, as specified in paragraphs (a)(2)(i)\n through (v) of this section, shall be directly assigned.\n\n (3) End user billing inquiry includes expenses related to handling end users' inquiries concerning their\n bills. This category does not include expenses related to the inquiries of interexchange carriers\n concerning their bills. End user billing inquiry costs are first segregated into the following\n subcategories based on the relative number of actual contracts, weighted if appropriate, to reflect\n differences in the average work time per contact: State private line and special access; interstate\n private line and special access; State message toll including WATS, interstate message toll including\n WATS, interstate subscriber line charge; and other.\n\n (i) State private line and special access billing inquiry expense is directly assigned to the State\n jurisdiction.\n\n (ii) Interstate private line and special access billing inquiry expense is directly assigned to the\n interstate jurisdiction.\n\n (iii) State message toll including WATS billing inquiry expense is directly assigned to the State\n jurisdiction.\n\n (iv) Interstate message toll including WATS, and interstate subscriber line charge billing inquiry\n expense is directly assigned to the interstate jurisdiction.\n\n (v) [Reserved]\n\n (vi) Other billing inquiry expense (primarily related to local bills but also including directory\n advertising) is directly assigned to the State jurisdiction.\n\n (vii) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in paragraphs (a)(3)(i) through (vi) of this section, based on the\n relative percentage assignment of the balance of Account 6620 to these subcategories during\n the twelve-month period ending December 31, 2000. All other subcategories of End user billing\n inquiry expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned.\n\n (4) Interexchange carrier service order processing includes expenses associated with the receipt and\n processing of interexchange carrier orders for service and inquiries about service. Interexchange\n carrier service order processing expenses are assigned to the following subcategories based on the\n relative number of actual contacts which are weighted, if appropriate, to reflect differences in the\n average work time per contact: State special access and private line; interstate special access and\n private line; State switched access and message toll including WATS; interstate switched access and\n message toll including WATS; State billing and collection; and interstate billing and collection.\n\n (i) State special access and private line service order processing expense is directly assigned to\n the State jurisdiction.\n\n\n47 CFR 36.377(a)(4)(i) (enhanced display) page 40 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.377(a)(4)(ii)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (ii) Interstate special access and private line service order processing expense is directly assigned\n to the interstate jurisdiction.\n\n (iii) State switched access and message toll including WATS service order processing expense is\n directly assigned to the State jurisdiction.\n\n (iv) Interstate switched access and message toll including WATS service order processing expense\n is directly assigned to the interstate jurisdiction.\n\n (v) State billing and collection service order processing expense is directly assigned to the state\n jurisdiction.\n\n (vi) Interstate billing and collection service order processing expense is directly assigned to the\n interstate jurisdiction.\n\n (vii) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in paragraphs (a)(4)(i) through (vi) of this section, based on the\n relative percentage assignment of the balance of Account 6620 to these subcategories during\n the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier\n service order processing expense, as specified in paragraphs (a)(2)(i) through (vi), shall be\n directly assigned.\n\n (5) Interexchange carrier payment and collection includes expenses associated with the payment and\n collection of interexchange carrier billings, including commissions paid to payment and collection\n agents. Interexchange carrier payment and collection expenses are assigned to the following\n subcategories based on relative total State and interstate revenues billed to the interexchange\n carriers: State special access and private line; interstate special access and private line; State\n switched access and message toll including WATS; interstate switched access and message toll\n including WATS; State billing and collection; and interstate billing and collection.\n\n (i) State special access and private line payment and collection expense is directly assigned to the\n State jurisdiction.\n\n (ii) Interstate special access and private line payment and collection expense is directly assigned\n to the interstate jurisdiction.\n\n (iii) State switched access and message toll including WATS payment and collection expense is\n directly assigned to the State jurisdiction.\n\n (iv) Interstate switched access and message toll including WATS payment and collection expense\n is directly assigned to the interstate jurisdiction.\n\n (v) State billing and collection payment and collection expense is directly assigned to the State\n jurisdiction.\n\n (vi) Interstate billing and collection payment and collection expense is directly assigned to the\n interstate jurisdiction.\n\n (vii) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in paragraphs (a)(5)(i) through (vi) of this section, based on the\n\n\n\n47 CFR 36.377(a)(5)(vii) (enhanced display) page 41 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.377(a)(6)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n relative percentage assignment of the balance of Account 6620 to these subcategories during\n the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier\n payment expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned.\n\n (6) Interexchange carrier billing inquiry includes expenses related to the handling of interexchange\n carrier billing inquiries. Interexchange carrier billing inquiry expenses are assigned to the following\n subcategories based on the relative number of actual contacts, weighted if appropriate, to reflect\n differences in the average work time per contact: State special access and private line; interstate\n special access and private line; State switched access and message toll including WATS; interstate\n switched access and message toll including WATS; State billing and collection; and interstate billing\n and collection.\n\n (i) State special access and private line billing inquiry expenses is directly assigned to the State\n jurisdiction.\n\n (ii) Interstate special access and private line billing inquiry expense is directly assigned to the\n interstate jurisdiction.\n\n (iii) State switched access and message toll including WATS billing inquiry expense is directly\n assigned to the State jurisdiction.\n\n (iv) Interstate switched access and message toll including WATS billing inquiry expense is directly\n assigned to the interstate jurisdiction.\n\n (v) State billing and collection billing inquiry expense is directly assigned to the State jurisdiction.\n\n (vi) Interstate Billing and Collection billing inquiry expense is directly assigned to the interstate\n jurisdiction.\n\n (vii) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in paragraphs (a)(6)(i) through (vi) of this section, based on the\n relative percentage assignment of the balance of Account 6620 to these subcategories during\n the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier\n billing inquiry expense, as specified in paragraphs (a)(2)(i) through (vi), shall be directly\n assigned.\n\n (7) [Reserved]\n\n (b) [Reserved]\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76\nFR 30841, May 27, 2011; 79 FR 36238, June 26, 2014; 83 FR 63587, Dec. 11, 2018]\n\n\n§ 36.378 Category 2—Customer services (revenue accounting).\n (a) The Revenue Accounting proportion of Account 6620 expenses comprise the salaries and other expenses\n in Account 6620 directly assignable or allocable to the billing of customers and the accounting for\n revenues, including the supervision of such work.\n\n (b) Revenue Accounting expenses for the study area are separated on the basis of a Job Function analysis\n into three main classifications: Message processing expense, other billing and collecting expense, and\n carrier access charge billing and collecting expense.\n\n47 CFR 36.378(b) (enhanced display) page 42 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.378(b)(1)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (1) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n classifications, as specified in paragraph (b) of this section, based on the relative percentage\n assignment of the balance of Account 6620 to those classifications during the twelve-month period\n ending December 31, 2000.\n\n (2) [Reserved]\n\n (c) The term “ticket” denotes either a ticket prepared manually by an operator or the mechanized equivalent\n of such a ticket processed by the revenue accounting office.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36239, June 26, 2014]\n\n\n§ 36.379 Message processing expense.\n (a) This classification includes the salary and machine expense of data processing equipment, including\n supervision, general accounting administrative and miscellaneous expense associated with the\n processing of individual toll tickets and local message tickets.\n\n (b) The expense assigned to this classification is divided into the subcategories Toll Ticket Processing\n Expense and Local Message Processing Expense on the basis of the relative number of messages. Toll\n Ticket Processing Expense is allocated between the State and interstate jurisdiction on the basis of the\n relative number of toll messages. Local Message Processing Expense is assigned to the exchange\n operation.\n\n (1) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation,\n pursuant to § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the\n subcategories, as specified in this paragraph (b), based on the relative percentage assignment of the\n balance of Account 6620 to those subcategories during the twelve-month period ending December\n 31, 2000.\n\n (2) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Toll Ticketing\n Processing Expense among the jurisdictions using the relative number of toll messages for the\n twelve-month period ending December 31, 2000. Local Message Process Expense is assigned to the\n state jurisdiction.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36239, June 26, 2014]\n\n\n§ 36.380 Other billing and collecting expense.\n (a) This classification includes the salary expense, including supervision, general accounting administrative,\n and miscellaneous expense, associated with the preparation of customer bills other than carrier access\n charge bills and with other revenue accounting functions not covered in § 36.379. Included in this\n classification are the expenses incurred in the preparation of monthly bills, initial and final bills, the\n application of service orders to billing records (establishing, changing, or discontinuing customers'\n accounts), station statistical work, controlling record work and the preparation of revenue reports.\n\n\n\n\n47 CFR 36.380(a) (enhanced display) page 43 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.380(b)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (b) Local exchange carriers that bill or collect from end users on behalf of interexchange carriers shall\n allocate one third of the expenses assigned this classification to the interstate jurisdiction, and two thirds\n of the expenses assigned this classification to the state jurisdiction.\n\n (c) Local exchange carriers that do not bill or collect from end users on behalf of interexchange carriers shall\n allocate five percent of the expenses assigned this classification to the interstate jurisdiction, and ninety-\n five percent of the expenses assigned this classification to the state jurisdiction.\n\n (d) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the Other billing and\n collecting expense classification based on the relative percentage assignment of the balance of Account\n 6620 to those subcategory during the twelve-month period ending December 31, 2000.\n\n (e) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Other billing and\n collecting expense among the jurisdictions using the allocation factor utilized, pursuant to paragraph (b)\n or (c) of this section, for the twelve-month period ending December 31, 2000.\n\n[53 FR 33011, Aug. 29, 1988, as amended at 62 FR 15416, Apr. 1, 1997; 66 FR 33208, June 21, 2001; 75 FR 30301, June 1, 2010;\n76 FR 30841, May 27, 2011; 79 FR 36239, June 26, 2014]\n\n\n§ 36.381 Carrier access charge billing and collecting expense.\n (a) This classification includes the revenue accounting functions associated with the billing and collecting of\n access charges to interexchange carriers.\n\n (b) Of access charges other than end user common line access charges are assessed for the origination or\n termination of intrastate services in a particular state, one-half of such expense shall be apportioned to\n interstate operations. If no such access charges are assessed in a particular state, all such expense shall\n be assigned to interstate operations.\n\n (c) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the balance of Account 6620-Services to the Carrier access charge\n billing and collecting expense classification based on the relative percentage assignment of the balance\n of Account 6620 to that classification during the twelve-month period ending December 31, 2000.\n\n (d) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Carrier access charge\n billing and collecting expense among the jurisdictions using the allocation factor, pursuant to paragraph\n (b) of this section, for the twelve-month period ending December 31, 2000.\n\n[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011;\n79 FR 36239, June 26, 2014]\n\n\n§ 36.382 Category 3—All other customer services expense.\n (a) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to\n § 61.41 of this chapter, shall assign the balance of Account 6620-Services to this category based on the\n relative percentage assignment of the balance of Account 6620 to this category during the twelve-month\n period ending December 31, 2000.\n\n (b) Category 3 is apportioned on the basis of Categories 1 and 2.\n\n[66 FR 33208, June 21, 2001, as amended at 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, June 26, 2014]\n\n47 CFR 36.382(b) (enhanced display) page 44 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.391\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n CORPORATE OPERATIONS EXPENSE\n\n§ 36.391 General.\nCorporate Operations Expenses are included in the following account:\n\n General and Administrative Account 6720.\n\n\n[69 FR 12552, Mar. 17, 2004]\n\n\n§ 36.392 General and administrative—Account 6720.\n (a) These expenses are divided into two categories:\n\n (1) Extended Area Services (EAS).\n\n (2) All other.\n\n (b) Extended Area Services (EAS) settlements are directly assigned to the exchange operation.\n\n (c) The expenses in this account are apportioned among the operations on the basis of the separation of the\n cost of the combined Big Three Expenses which include the following accounts:\n\n\n Table 1 to Paragraph (c)\n\n Plant Specific Expenses\n Central Office Switching Expenses Account 6210.\n Operators Systems Expenses Account 6220.\n Central Office Transmission Expenses Account 6230.\n Information Origination/Termination Expenses Account 6310.\n Cable and Wire Facilities Expense Account 6410.\n Plant Non-Specific Expenses\n Network Operations Expenses Account 6530.\n Customer Operations Expenses\n Marketing Account 6610.\n Services Account 6620.\n\n\n[52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004; 83 FR 63587, Dec. 11, 2018]\n\n\n OPERATING TAXES\n\n§ 36.411 Operating taxes—Account 7200.\nThis account includes the taxes arising from the operations of the company, i.e.:\n\n (a) Operating Investment Tax Credits.\n\n (b) Operating Federal Income Taxes.\n\n47 CFR 36.411(b) (enhanced display) page 45 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.411(c)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (c) Operating State and Local Income Taxes.\n\n (d) Operating Other Taxes.\n\n (e) Provision for Deferred Operating Income Taxes.\n\n[83 FR 63587, Dec. 11, 2018]\n\n\n§ 36.412 Apportionment procedures.\n (a) For apportionment purposes, the expenses in this account are segregated into two groups as follows:\n\n (1) Operating Federal, State and local income taxes and\n\n (2) all other operating taxes.\n\n (b) Operating Federal, State and local income taxes are apportioned among the operations on the basis of the\n approximate net taxable income (positive or negative) applicable to each of the operations. The\n approximate net taxable income from each of the operations is the summation of the following amounts\n apportioned to each operation by means of the procedures set forth in this Manual:\n\n (1) Operating revenues,\n\n (2) Less operating expenses,\n\n (3) Less operating taxes except the net income tax being apportioned and except any other tax not\n treated as a deductible item in the determination of taxable net income for this purpose.\n\n (4) Less operating fixed charges.\n\n (i) The amount of fixed charges attributable to the operations is obtained by subtracting the tax\n component (positive or negative) attributable to other than the operating fixed charges, i.e.,\n fixed charges on non-operating investments are that proportion of total fixed charges which\n non-operating net investments are of total operating and non-operating net investments.\n\n (ii) Operating fixed charges including interest on Rural Telephone Bank Stock are apportioned\n among the operations on the basis of the separation of the cost of telephone plant less\n appropriate reserves.\n\n (c) Other operating taxes should be directly assigned to the appropriate jurisdiction where possible, e.g.,\n Local Gross Receipts may be directly identified as applicable to one jurisdiction. Where direct assignment\n is not feasible, these expenses should be apportioned among the operations on the basis of the\n separation of the cost of Telecommunications Plant in Service—Account 2001.\n\n EQUAL ACCESS EXPENSES\n\n§ 36.421 Equal access expenses.\n (a) Equal access expenses include only initial incremental pre-subscription costs and other initial incremental\n expenditures related directly to the provision of equal access, that would not be required to upgrade the\n capabilities of the office involved absent the provision of equal access. Equal access expenses are limited\n to such expenditures for converting central offices that serve competitive interexchange carriers or where\n there has been a bona fide request for conversion to equal access.\n\n\n47 CFR 36.421(a) (enhanced display) page 46 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.421(b)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n (b) Equal access expenses are apportioned between the jurisdictions by first segregating them from all other\n expenses in the primary accounts and then allocating them on the same basis as equal access\n investment.\n\nSubpart E—Reserves and Deferrals\n§ 36.501 General.\nFor separations purposes, reserves and deferrals include the following accounts:\n\n Other Jurisdictional Assets—Net Account 1500.\n Accumulated Depreciation Account 3100.\n Accumulated Depreciation—Property Held for Future Telecommunications Use Account 3200.\n Accumulated Amortization—Capital Leases Account 3400.\n Net Current Deferred Operating Income Taxes Account 4100.\n Net Noncurrent Deferred Operating Income Taxes Account 4340.\n Other Jurisdictional Liabilities and Deferred Credits—Net Account 4370.\n\n\n[69 FR 12553, Mar. 17, 2004, as amended at 83 FR 63587, Dec. 11, 2018]\n\n\n§ 36.502 Other jurisdictional assets—Net—Account 1500.\n (a) Amounts in this account are separated based upon analysis of the specific items involved.\n\n§ 36.503 Accumulated depreciation—Account 3100.\n (a) Amounts recorded in this account shall be separated on the basis of the separation of the associated\n primary Plant Accounts or related categories, excluding amortizable assets.\n\n§ 36.504 Accumulated depreciation—Property held for future telecommunications\nuse—Account 3200.\n (a) Amounts in this account are apportioned among the operations on the basis of the separation of the\n costs of the related items carried in Account 2002—Property Held for Future Telecommunications Use.\n\n§ 36.505 Accumulated amortization—Tangible—Account 3400.\nAmounts in these accounts are apportioned among the operations on the basis of the separation of the related\naccounts.\n\n[52 FR 17229, May 6, 1987, as amended at 83 FR 63587, Dec. 11, 2018]\n\n\n§ 36.506 Net current deferred operating income taxes—Account 4100, Net noncurrent deferred\noperating income taxes—Account 4340.\n (a) Amounts in these accounts are maintained by plant account and are apportioned among the operations\n on the basis of the separations of the related plant accounts.\n\n§ 36.507 Other jurisdictional liabilities and deferred credits—Net—Account 4370.\n (a) Amounts in this account are separated based upon an analysis of the specific items involved.\n47 CFR 36.507(a) (enhanced display) page 47 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nSubparts F–G [Reserved]\nAppendix to Part 36—Glossary\nThe descriptions of terms in this glossary are broad and have been prepared to assist in understanding the use of\nsuch terms in the separation procedures. Terms which are defined in the text of this part are not included in this\nglossary.\n\n\nAccess Line\n\nA communications facility extending from a customer's premises to a serving central office comprising a subscriber\nline and, if necessary, a trunk facility, e.g., a WATS access line.\n\n\nBook Cost\n\nThe cost of property as recorded on the books of a company.\n\n\nCable Fill Factor\n\nThe ratio of cable conductor or cable pair kilometers in use to total cable conductor or cable pair kilometers\navailable in the plant, e.g., the ratio of revenue producing cable pair kilometers in use to total cable pair kilometers in\nplant.\n\n\nCategory\n\nA grouping of items of property or expense to facilitate the apportionment of their costs among the operations and\nto which, ordinarily, a common measure of use is applicable.\n\n\nCentral Office\n\nA switching unit, in a telephone system which provides service to the general public, having the necessary\nequipment and operations arrangements for terminating and interconnecting subscriber lines and trunks or trunks\nonly. There may be more than one central office in a building.\n\n\nChannel\n\nAn electrical path suitable for the transmission of communications between two or more points, ordinarily between\ntwo or more stations or between channel terminations in Telecommunication Company central offices. A channel\nmay be furnished by wire, fiberoptics, radio or a combination thereof.\n\n\nCircuit\n\n\n47 CFR 36.507(a) (enhanced display) page 48 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n\nA fully operative communications path established in the normal circuit layout and currently used for message,\nWATS access, or private line services.\n\n\nCircuit Kilometers\n\nThe route kilometers or revenue producing circuits in service, determined by measuring the length in terms of\nkilometers, of the actual path followed by the transmission medium.\n\n\nCommon Channel Network Signaling\n\nChannels between switching offices used to transmit signaling information independent of the subscribers'\ncommunication paths or transmission channels.\n\n\nComplement (of cable)\n\nA group of conductors of the same general type (e.g., quadded, paired) within a single cable sheath.\n\n\nComplex\n\nAll groups of operator positions, wherever located, associated with the same call distribution and/or stored program\ncontrol unit.\n\n\nConcentration Equipment\n\nCentral office equipment whose function is to concentrate traffic from subscriber lines onto a lesser number of\ncircuits between the remotely located concentration equipment and the serving central office concentration\nequipment. This concentration equipment is connected to the serving central office line equipment.\n\n\nConnection—Minute\n\nThe product of (a) the number of messages and, (b) the average minutes of connection per message.\n\n\nConversation—Minute\n\nThe product of (a) the number of messages and, (b) the average minutes of conversation per message.\n\n\nConversation—Minute—Kilometers\n\n\n\n47 CFR 36.507(a) (enhanced display) page 49 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n\nThe product of (a) the number of messages, (b) the average minutes of conversation per message and (c) the\naverage route kilometers of circuits involved.\n\n\nCost\n\nThe cost of property owned by the Telephone Company whose property is to be apportioned among the operations.\nThis term applies either to property costs recorded on the books of the company or property costs determined by\nother evaluation methods.\n\n\nCurrent Billing\n\nThe combined amount of charges billed, excluding arrears.\n\n\nCustomer Dialed Charge Traffic\n\nTraffic which is both (a) handled to completion through pulses generated by the customer and (b) for which either a\nmessage unit change, bulk charge or message toll charge is except for that traffic recorded by means of message\nregisters.\n\n\nCustomer Premises Equipment\n\nItems of telecommunications terminal equipment in Accounts 2310 referred to as CPE in § 64.702 of the Federal\nCommunication Commission's Rules adopted in the Second Computer Inquiry such as telephone instruments, data\nsets, dialers and other supplemental equipment, and PBX's which are provided by common carriers and located on\ncustomer premises and inventory included in these accounts to be used for such purposes. Excluded from this\nclassification are similar items of equipment located on telephone company premises and used by the company in\nthe normal course of business as well as over voltage protection equipment, customer premises wiring, coin\noperated public or pay telephones, multiplexing equipment to deliver multiple channels to the customer, mobile\nradio equipment and transmit earth stations.\n\n\nCustomer Premises Wire\n\nThe segment of wiring from the customer's side of the protector to the customer premises equipment.\n\n\nDSA Board\n\nA local dial office switchboard at which are handled assistance calls, intercepted calls and calls from miscellaneous\nlines and trunks. It may also be employed for handling certain toll calls.\n\n\nDSB Board\n\n47 CFR 36.507(a) (enhanced display) page 50 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n\nA switchboard of a dial system for completing incoming calls received from manual offices.\n\n\nData Processing Equipment\n\nOffice equipment such as that using punched cards, punched tape, magnetic or other comparable storage media as\nan operating vehicle for recording and processing information. Includes machines for transcribing raw data into\npunched cards, etc., but does not include such items as key-operated, manually or electrically driven adding,\ncalculating, bookkeeping or billing machines, typewriters or similar equipment.\n\n\nDial Switching Equipment\n\nSwitching equipment actuated by electrical impulses generated by a dial or key pulsing arrangement.\n\n\nEqual Access Costs\n\nInclude only initial incremental presubscription costs and initial incremental expenditures for hardware and\nsoftware related directly to the provision of equal access which would not be required to upgrade the switching\ncapabilities of the office involved absent the provisions of equal access.\n\n\nEquivalent Gauge\n\nA standard cross section of cable conductors for use in equating the metallic content of cable conductors of all\ngauge to a common base.\n\n\nEquivalent Kilometers of 104 Wire\n\nThe basic units employed in the allocation of pole lines costs for determining the relative use made of poles by\naerial cables and by aerial wire conductors of various sizes. This unit reflects the relative loads of such cable and\nwire carried on poles.\n\n\nEquivalent Pair Kilometers\n\nThe product of sheath Kilometers and the number of equivalent gauge pairs of conductors in a cable.\n\n\nEquivalent Sheath Kilometers\n\nThe product of (a) the length of a section of cable in kilometers (sheath kilometers) and (b) the ratio of the metallic\ncontent applicable to a particular group of conductors in the cable (e.g., conductors assigned to a category) to the\nmetallic content of all conductors in the cable.\n\n\n47 CFR 36.507(a) (enhanced display) page 51 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nExchange Transmission Plant\n\nThis is a combination of (a) exchange cable and wire facilities (b) exchange central office circuit equipment,\nincluding associated land and buildings and (c) information origination/termination equipment which forms a\ncomplete channel.\n\n\nHolding Time\n\nThe time in which an item of telephone plant is in actual use either by a customer or an operator. For example, on a\ncompleted telephone call, holding time includes conversation time as well as other time in use. At local dial offices\nany measured minutes which result from other than customer attempts to place calls (as evidenced by the dialing\nof at least one digit) are not treated as holding time.\n\n\nHost Central Office\n\nAn electronic analog or digital base switching unit containing the central call processing functions which service the\nhost office and its remote locations.\n\n\nInformation Origination/Termination Equipment\n\nEquipment used to input into or receive output from the telecommunications network.\n\n\nInterexchange Channel\n\nA circuit which is included in the interexchange transmission equipment.\n\n\nInterexchange Transmission Equipment\n\nThe combination of (a) interexchange cable and wire facilities, (b) interexchange circuit equipment and, (c)\nassociated land and buildings.\n\n\nInterlocal Trunk\n\nA circuit between two local central office units, either manual or dial. Interlocal trunks may be used for either\nexchange or toll traffic or both.\n\n\nIntertoll Circuits\n\nCircuits between toll centers and circuits between a toll center and a tandem system in a different toll center area.\n\n\n\n47 CFR 36.507(a) (enhanced display) page 52 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nLocal Channel\n\nThe portion of a private line circuit which is included in the exchange transmission plant. However, common usage\nof this term usually excludes information origination/termination equipment.\n\n\nLocal Office\n\nA central office serving primarily as a place of termination for subscriber lines and for providing telephone service to\nthe subscribers on these lines.\n\n\nLoop\n\nA pair of wires, or its equivalent, between a customer's station and the central office from which the station is\nserved.\n\n\nMessage\n\nA completed call, i.e., a communication in which a conversation or exchange of information took place between the\ncalling and called parties.\n\n\nMessage Service or Message Toll Service\n\nSwitched service furnished to the general public (as distinguished from private line service). Except as otherwise\nprovided, this includes exchange switched services and all switched services provided by interexchange carriers\nand completed by a local telephone company's access services, e.g., MTS, WATS, Execunet, open-end FX and\nCCSA/ONALs.\n\n\nMessage Units\n\nUnit of measurement used for charging for measured message telephone exchange traffic within a specified area.\n\n\nMetropolitan Service Area\n\nThe area around and including a relatively large city and in which substantially all of the message telephone traffic\nbetween the city and the suburban points within the area is classified as exchange in one or both directions.\n\n\nMinutes-of-Use\n\nA unit of measurement expressed as either holding time or conversation time.\n\n\n\n47 CFR 36.507(a) (enhanced display) page 53 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nMinutes-of-Use-Kilometers\n\nThe product of (a) the number of minutes-of-use and (b) the average route kilometers of circuits involved.\n\n\nMulti-Center Exchange\n\nAn exchange area in which are located two or more local central office buildings or wire centers.\n\n\nOperations\n\nThe term denoting the general classifications of services rendered to the public for which separate tariffs are filed,\nnamely exchange, state toll and interstate toll.\n\n\nOperator Trunks\n\nA general term, ordinarily applied to trunks between manually operated switchboard positions and local dial central\noffices in the same wire center.\n\n\nPrivate Line Service\n\nA service for communications between specified locations for a continuous period or for regularly recurring periods\nat stated hours.\n\n\nRemote Access Line\n\nAn access line (e.g., for WATS service) between a subscriber's premises in one toll rate center and a serving central\noffice located in a different toll rate center.\n\n\nRemote Line Location\n\nA remotely located subscriber line access unit which is normally dependent upon the central processor of the host\noffice for call processing functions.\n\n\nRemote Trunk Arrangement (RTA)\n\nArrangement that permits the extension of TSPS functions to remote locations.\n\n\nReservation\n\n\n\n47 CFR 36.507(a) (enhanced display) page 54 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n\nThat amount or quantity of property kept or set apart for a specific use.\n\n\nReserved\n\nKept or set apart for a specific use.\n\n\nSeparations\n\nThe process by which telecommunication property costs, revenues, expenses, taxes and reserves are apportioned\namong the operations.\n\n\nService Observing Unit\n\nA unit of work measurement which is used as the common denominator to express the relative time required for\nhandling the various work functions at service observing boards.\n\n\nSheath Kilometers\n\nThe actual length of cable in route kilometers.\n\n\nSpecial Services\n\nAll services other than message telephones, e.g., private line services.\n\n\nStation-to-Station Basis\n\nThe term applied to the basis of toll rate making which contemplates that the message toll service charge\n(telephone) covers the use made of all facilities between the originating station and the terminating station,\nincluding the stations, and the services rendered in connection therewith.\n\n\nStudy Area\n\nStudy area boundaries shall be frozen as they are on November 15, 1984.\n\n\nSubscriber Line or Exchange Line\n\nA communication channel between a telephone station or PBX station and the central office which serves it.\n\n\nSubtributary Office\n47 CFR 36.507(a) (enhanced display) page 55 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\n\nA class of tributary office which does not have direct access to its toll center, but which is connected to its toll\ncenter office by means of circuits which are switched through to the toll center at another tributary office.\n\n\nTandem Area\n\nThe general areas served by the local offices having direct trunks to or from the tandem office. This area may\nconsist of one or more communities or may include only a portion of a relatively large city.\n\n\nTandem Circuit or Trunk\n\nA general classification of circuits or trunks between a tandem central office unit and any other central office or\nswitchboard.\n\n\nTandem Connection\n\nA call switched at a tandem office.\n\n\nTandem Office\n\nA central office unit used primarily as an intermediate switching point for traffic between local central offices within\nthe tandem area. Where qualified by a modifying expression, or other explanation, this term may be applied to an\noffice employed for both the interconnection of local central offices within the tandem area and for the\ninterconnection of these local offices with other central offices, e.g., long haul tandem office.\n\n\nToll Center\n\nAn office (or group of offices) within a city which generally handles the originating and incoming toll traffic for that\ncity to or from other toll center areas and which handles through switched traffic. The toll center normally handles\nthe inward toll traffic for its tributary exchanges and, in general, either handles the outward traffic originating at its\ntributaries or serves as the outlet to interexchange circuits for outward traffic ticketed and timed at its tributaries.\nToll centers are listed as such in the Toll Rate and Route Guide.\n\n\nToll Center Area\n\nThe areas served by a toll center, including the toll center city and the communities served by tributaries of the toll\ncenter.\n\n\nToll Center Toll Office\n\nA toll office (as contrasted to a local office) in a toll center city.\n\n47 CFR 36.507(a) (enhanced display) page 56 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nToll Circuit\n\nA general term applied to interexchange trunks used primarily for toll traffic.\n\n\nToll Connecting Trunk\n\nA general classification of trunks carrying toll traffic and ordinarily extending between a local office and a toll office,\nexcept trunks classified as tributary circuits. Examples of toll connecting trunks include toll switching trunks,\nrecording trunks and recording-completing trunks.\n\n\nToll Office\n\nA central office used primarily for supervising and switching toll traffic.\n\n\nTraffic Over First Routes\n\nA term applied to the routing of traffic and denoting routing via principal route for traffic between any two points as\ndistinguished from alternate routes for such traffic.\n\n\nOperator System\n\nA stored program electronic system associated with one or more toll switching systems which provides centralized\ntraffic service position functions for several local offices at one location.\n\n\nTributary Circuit\n\nA circuit between a tributary office and a toll switchboard or intertoll dialing equipment in a toll center city.\n\n\nTributary Office\n\nA local office which is located outside the exchange in which a toll center is located, which has a different rate\ncenter from its toll center and which usually tickets and times only a part of its originating toll traffic, but which may\nticket or time all or none, of such traffic. The toll center handles all outward traffic not ticketed and timed at the\ntributary and normally switches all inward toll traffic from outside the tributary's toll center to the tributary. Tributary\noffices are indicated as such in the Toll Rate and Route Guide.\n\n\nTrunks\n\nCircuit between switchboards or other switching equipment, as distinguished from circuits which extend between\ncentral office switching equipment and information origination/termination equipment.\n\n47 CFR 36.507(a) (enhanced display) page 57 of 58\n\f47 CFR Part 36 (up to date as of 2/20/2024)\n 47 CFR 36.507(a)\nJurisdictional Separations Procedures; Standard Procedures for...\n\n\nTSPS Complex\n\nAll groups of operator positions, wherever located, associated with the same TSPS stored program control units.\n\n\nWeighted Standard Work Second\n\nA measurement of traffic operating work which is used to express the relative time required to handle the various\nkinds of calls or work functions, and which is weighted to reflect appropriate degrees of waiting to serve time.\n\n\nWide Area Telephone Service WATS\n\nA toll service offering for customer dial type telecommunications between a given customer station and stations\nwithin specified geographic rate areas employing a single access line between the customer location and the\nserving central office. Each access line may be arranged for either outward (OUT–WATS) or inward (IN–WATS)\nservice or both.\n\n\nWideband Channel\n\nA communication channel of a bandwidth equivalent to twelve or more voice grade channels.\n\n\nWorking Loop\n\nA revenue producing pair of wires, or its equivalent, between a customer's station and the central office from which\nthe station is served.\n\n[71 FR 65747, Nov. 9, 2006]\n\n[1]\n The Commission has determined that the same jurisdictional separations used in the contiguous states are to be\nused for Alaska, Hawaii, Puerto Rico and the Virgin Islands. Integration of Rates and Services, Docket No. 21263, 87\nFCC 2nd 18 (1981); Integration of Rates and Services, Docket No. 21264, 72 FCC 2nd 699 (1979).\n\n\n\n\n47 CFR 36.507(a) (enhanced display) page 58 of 58\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":26,"cells":{"Content":{"kind":"string","value":"47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR Part 6 (Feb. 20, 2024)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 6 Access to Telecommunications Service, Telecommunications Equipment\n and Customer Premises Equipment by Persons with Disabilities\n Subpart A Scope—Who Must Comply With These Rules?\n § 6.1 Applicability.\n Subpart B Definitions\n § 6.3 Definitions.\n Subpart C Obligations—What Must Covered Entities Do?\n § 6.5 General obligations.\n § 6.7 Product design, development, and evaluation.\n § 6.9 Information pass through.\n § 6.11 Information, documentation, and training.\n Subpart D Enforcement\n § 6.15 Generally.\n § 6.16 Informal or formal complaints.\n\n\nPART 6—ACCESS TO TELECOMMUNICATIONS SERVICE,\nTELECOMMUNICATIONS EQUIPMENT AND CUSTOMER PREMISES\nEQUIPMENT BY PERSONS WITH DISABILITIES\nAuthority: 47 U.S.C. 151–154, 208, 255, and 303(r).\n\nSource: 64 FR 63251, Nov. 19, 1999, unless otherwise noted.\n\nSubpart A—Scope—Who Must Comply With These Rules?\n§ 6.1 Applicability.\nThe rules in this part apply to:\n\n (a) Any provider of telecommunications service;\n\n (b) Any manufacturer of telecommunications equipment or customer premises equipment;\n\n (c) Any telecommunications carrier;\n\n (d) Any provider of interconnected Voice over Internet Protocol (VoIP) service, as that term is defined in § 9.3\n of this chapter; and\n\n47 CFR 6.1(d) (enhanced display) page 1 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.1(e)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n (e) Any manufacturer of equipment or customer premises equipment that is specially designed to provide\n interconnected VoIP service and that is needed for the effective use of an interconnected VoIP service.\n\n[64 FR 63251, Nov. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007]\n\n\nSubpart B—Definitions\n§ 6.3 Definitions.\n (a) The term accessible shall mean that:\n\n (1) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance\n with each of the following, assessed independently:\n\n (i) Operable without vision. Provide at least one mode that does not require user vision.\n\n (ii) Operable with low vision and limited or no hearing. Provide at least one mode that permits\n operation by users with visual acuity between 20/70 and 20/200, without relying on audio\n output.\n\n (iii) Operable with little or no color perception. Provide at least one mode that does not require user\n color perception.\n\n (iv) Operable without hearing. Provide at least one mode that does not require user auditory\n perception.\n\n (v) Operable with limited manual dexterity. Provide at least one mode that does not require user\n fine motor control or simultaneous actions.\n\n (vi) Operable with limited reach and strength. Provide at least one mode that is operable with user\n limited reach and strength.\n\n (vii) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or\n close body proximity.\n\n (viii) Operable without time-dependent controls. Provide at least one mode that does not require a\n response time or allows response time to be by-passed or adjusted by the user over a wide\n range.\n\n (ix) Operable without speech. Provide at least one mode that does not require user speech.\n\n (x) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive,\n memory, language, and learning skills required of the user.\n\n (2) All information necessary to operate and use the product, including but not limited to, text, static or\n dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the\n following, assessed independently:\n\n (i) Availability of visual information. Provide visual information through at least one mode in\n auditory form.\n\n (ii) Availability of visual information for low vision users. Provide visual information through at least\n one mode to users with visual acuity between 20/70 and 20/200 without relying on audio.\n\n\n\n\n47 CFR 6.3(a)(2)(ii) (enhanced display) page 2 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.3(a)(2)(iii)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n (iii) Access to moving text. Provide moving text in at least one static presentation mode at the\n option of the user.\n\n (iv) Availability of auditory information. Provide auditory information through at least one mode in\n visual form and, where appropriate, in tactile form.\n\n (v) Availability of auditory information for people who are hard of hearing. Provide audio or\n acoustic information, including any auditory feedback tones that are important for the use of\n the product, through at least one mode in enhanced auditory fashion (i.e., increased\n amplification, increased signal-to-noise ratio, or combination).\n\n (vi) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual\n flicker that might induce seizures in people with photosensitive epilepsy.\n\n (vii) Availability of audio cutoff. Where a product delivers audio output through an external speaker,\n provide an industry standard connector for headphones or personal listening devices (e.g.,\n phone-like handset or earcup) which cuts off the speaker(s) when used.\n\n (viii) Non-interference with hearing technologies. Reduce interference to hearing technologies\n (including hearing aids, cochlear implants, and assistive listening devices) to the lowest\n possible level that allows a user to utilize the product.\n\n (ix) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally\n held up to the ear, provide a means for effective wireless coupling to hearing aids.\n\n (3) Real-Time Text. Voice communication services subject to this part that are provided over wireless IP\n facilities and handsets and other text-capable end user devices used with such service that do not\n themselves provide TTY functionality, may provide TTY connectability and signal compatibility\n pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in\n accordance with 47 CFR part 67.\n\n (b) The term compatibility shall mean compatible with peripheral devices and specialized customer premises\n equipment commonly used by individuals with disabilities to achieve accessibility to telecommunications\n services, and in compliance with the following provisions, as applicable:\n\n (1) External electronic access to all information and control mechanisms. Information needed for the\n operation of products (including output, alerts, icons, on-line help, and documentation) shall be\n available in a standard electronic text format on a cross-industry standard port and all input to and\n control of a product shall allow for real time operation by electronic text input into a cross-industry\n standard external port and in cross-industry standard format. The cross-industry standard port shall\n not require manipulation of a connector by the user.\n\n (2) Connection point for external audio processing devices. Products providing auditory output shall\n provide the auditory signal at a standard signal level through an industry standard connector.\n\n (3) TTY connectability. Products which provide a function allowing voice communication and which do\n not themselves provide a TTY functionality shall provide a standard non-acoustic connection point\n for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the\n user to intermix speech with TTY use.\n\n (4) TTY signal compatibility. Products, including those providing voice communication functionality,\n shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs.\n\n\n\n47 CFR 6.3(b)(4) (enhanced display) page 3 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.3(b)(5)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n (5) TTY Support Exemption. Voice communication services subject to this part that are provided over\n wireless IP facilities and equipment used with such services are not required to provide TTY\n connectability and TTY signal compatibility if such services and equipment support real-time text, in\n accordance with 47 CFR part 67.\n\n (c) The term customer premises equipment shall mean equipment employed on the premises of a person\n (other than a carrier) to originate, route, or terminate telecommunications. For purposes of this part, the\n term customer premises equipment shall include equipment employed on the premises of a person (other\n than a carrier) that is specially designed to provide interconnected VoIP service and that is needed for the\n effective use of an interconnected VoIP service.\n\n (d) The term disability shall mean a physical or mental impairment that substantially limits one or more of the\n major life activities of an individual; a record of such an impairment; or being regarded as having such an\n impairment.\n\n (e) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter.\n\n (f) The term manufacturer shall mean an entity that makes or produces a product.\n\n (g) The term peripheral devices shall mean devices employed in connection with equipment covered by this\n part to translate, enhance, or otherwise transform telecommunications into a form accessible to\n individuals with disabilities.\n\n (h) The term readily achievable shall mean, in general, easily accomplishable and able to be carried out\n without much difficulty or expense. In determining whether an action is readily achievable, factors to be\n considered include:\n\n (1) The nature and cost of the action needed;\n\n (2) The overall financial resources of the manufacturer or service provider involved in the action (the\n covered entity); the number of persons employed by such manufacturer or service provider; the\n effect on expenses and resources, or the impact otherwise of such action upon the operations of the\n manufacturer or service provider;\n\n (3) If applicable, the overall financial resources of the parent of the entity; the overall size of the business\n of the parent entity with respect to the number of its employees; the number, type, and location of its\n facilities; and\n\n (4) If applicable, the type of operation or operations of the covered entity, including the composition,\n structure and functions of the workforce of such entity; and the geographic separateness,\n administrative or fiscal relationship of the covered entity in question to the parent entity.\n\n (i) The term specialized customer premises equipment shall mean customer premise equipment which is\n commonly used by individuals with disabilities to achieve access.\n\n (j) The term telecommunications equipment shall mean equipment, other than customer premises\n equipment, used by a carrier to provide telecommunications services, and includes software integral to\n such equipment (including upgrades). For purposes of this part, the term telecommunications equipment\n shall include equipment that is specially designed to provide interconnected VoIP service and that is\n needed for the effective use of an interconnected VoIP service as that term is defined in § 9.3 of this\n chapter.\n\n\n\n\n47 CFR 6.3(j) (enhanced display) page 4 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.3(k)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n (k) The term telecommunications service shall mean the offering of telecommunications for a fee directly to\n the public, or to such classes of users as to be effectively available directly to the public, regardless of the\n facilities used. For purposes of this part, the term telecommunications service shall include\n “interconnected VoIP service” as that term is defined in § 9.3 of this chapter.\n\n (l) The term usable shall mean that individuals with disabilities have access to the full functionality and\n documentation for the product, including instructions, product information (including accessible feature\n information), documentation, bills and technical support which is provided to individuals without\n disabilities.\n\n (m) The term real-time text shall have the meaning set forth in § 67.1 of this chapter.\n\n (n) The term text-capable end user device means customer premises equipment that is able to send, receive,\n and display text.\n\n[64 FR 63251, Nov. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007; 82 FR 7706, Jan. 23, 2017]\n\n\nSubpart C—Obligations—What Must Covered Entities Do?\n§ 6.5 General obligations.\n (a) Obligation of Manufacturers.\n\n (1) A manufacturer of telecommunications equipment or customer premises equipment shall ensure\n that the equipment is designed, developed and fabricated so that the telecommunications functions\n of the equipment are accessible to and usable by individuals with disabilities, if readily achievable.\n\n (2) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the\n manufacturer shall ensure that the equipment is compatible with existing peripheral devices or\n specialized customer premises equipment commonly used by individuals with disabilities to achieve\n access, if readily achievable.\n\n (b) Obligation of Service Providers.\n\n (1) A provider of a telecommunications service shall ensure that the service is accessible to and usable\n by individuals with disabilities, if readily achievable.\n\n (2) Whenever the requirements of paragraph (b)(1) of this section are not readily achievable, the service\n provider shall ensure that the service is compatible with existing peripheral devices or specialized\n customer premises equipment commonly used by individuals with disabilities to achieve access, if\n readily achievable.\n\n (c) Obligation of Telecommunications Carriers. Each telecommunications carrier must not install network\n features, functions, or capabilities that do not comply with the guidelines and standards established\n pursuant to this part or part 7 of this chapter.\n\n§ 6.7 Product design, development, and evaluation.\n (a) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of\n equipment and services covered by this part and shall incorporate such evaluation throughout product\n design, development, and fabrication, as early and consistently as possible. Manufacturers and service\n providers shall identify barriers to accessibility and usability as part of such a product design and\n development process.\n\n47 CFR 6.7(a) (enhanced display) page 5 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.7(b)\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n (b) In developing such a process, manufacturers and service providers shall consider the following factors, as\n the manufacturer deems appropriate:\n\n (1) Where market research is undertaken, including individuals with disabilities in target populations of\n such research;\n\n (2) Where product design, testing, pilot demonstrations, and product trials are conducted, including\n individuals with disabilities in such activities;\n\n (3) Working cooperatively with appropriate disability-related organizations; and\n\n (4) Making reasonable efforts to validate any unproven access solutions through testing with individuals\n with disabilities or with appropriate disability-related organizations that have established expertise\n with individuals with disabilities.\n\n§ 6.9 Information pass through.\nTelecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non-\nproprietary, industry-standard codes, translation protocols, formats or other information necessary to provide\ntelecommunications in an accessible format, if readily achievable. In particular, signal compression technologies\nshall not remove information needed for access or shall restore it upon decompression.\n\n§ 6.11 Information, documentation, and training.\n (a) Manufacturers and service providers shall ensure access to information and documentation it provides to\n its customers, if readily achievable. Such information and documentation includes user guides, bills,\n installation guides for end-user installable devices, and product support communications, regarding both\n the product in general and the accessibility features of the product. Manufacturers shall take such other\n readily achievable steps as necessary including:\n\n (1) Providing a description of the accessibility and compatibility features of the product upon request,\n including, as needed, in alternate formats or alternate modes at no additional charge;\n\n (2) Providing end-user product documentation in alternate formats or alternate modes upon request at\n no additional charge; and\n\n (3) Ensuring usable customer support and technical support in the call centers and service centers\n which support their products at no additional charge.\n\n (b) Manufacturers and service providers shall include in general product information the contact method for\n obtaining the information required by paragraph (a) of this section.\n\n (c) In developing, or incorporating existing training programs, manufacturers and service providers, shall\n consider the following topics:\n\n (1) Accessibility requirements of individuals with disabilities;\n\n (2) Means of communicating with individuals with disabilities;\n\n (3) Commonly used adaptive technology used with the manufacturer's products;\n\n (4) Designing for accessibility; and\n\n (5) Solutions for accessibility and compatibility.\n\n\n\n47 CFR 6.11(c)(5) (enhanced display) page 6 of 7\n\f47 CFR Part 6 (up to date as of 2/20/2024)\n 47 CFR 6.15\nAccess to Telecommunications Service, Telecommunications Equipment and...\n\n\n[64 FR 63251, Nov. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007; 73 FR 21252, Apr. 21, 2008]\n\n\nSubpart D—Enforcement\n§ 6.15 Generally.\n (a) All manufacturers of telecommunications equipment or customer premises equipment and all providers\n of telecommunications services, as defined under this subpart are subject to the enforcement provisions\n specified in the Act and the rules in this chapter.\n\n (b) For purposes of §§ 6.15–6.16, the term “manufacturers” shall denote manufacturers of\n telecommunications equipment or customer premises equipment and the term “providers” shall denote\n providers of telecommunications services.\n\n[83 FR 44842, Sept. 4, 2018]\n\n\n§ 6.16 Informal or formal complaints.\nAny person may file either a formal or informal complaint against a manufacturer or provider alleging violations of\nsection 255 of the Act or this part subject to the enforcement requirements set forth in §§ 14.30 through 14.38 of\nthis chapter.\n\n[83 FR 44842, Sept. 4, 2018]\n\n\n\n\n47 CFR 6.16 (enhanced display) page 7 of 7\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":27,"cells":{"Content":{"kind":"string","value":"47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR Part 61 (Feb. 20, 2024)\nTariffs\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 61 Tariffs\n Subpart A General\n § 61.1 Purpose and application.\n § 61.2 General tariff requirements.\n § 61.3 Definitions.\n §§ 61.11-61.12 [Reserved]\n Subpart B Rules for Electronic Filing\n § 61.13 Scope.\n § 61.14 Method of filing publications.\n § 61.15 Letters of transmittal and cover letters.\n § 61.16 Base documents.\n § 61.17 Applications for special permission.\n Subpart C General Rules for Nondominant Carriers\n § 61.18 Scope.\n § 61.19 Detariffing of international and interstate, domestic interexchange services.\n § 61.20 Method of filing publications.\n § 61.25 References to other instruments.\n § 61.26 Tariffing of competitive interstate switched exchange access services.\n Subpart D General Tariff Rules for International Dominant Carriers\n § 61.28 International dominant carrier tariff filing requirements.\n Subpart E General Rules for Dominant Carriers\n § 61.31 Scope.\n § 61.38 Supporting information to be submitted with letters of transmittal.\n § 61.39 Optional supporting information to be submitted with letters of transmittal for Access\n Tariff filings by incumbent local exchange carriers serving 50,000 or fewer access lines\n in a given study area that are described as subset 3 carriers in § 69.602.\n § 61.40 Private line rate structure guidelines.\n § 61.41 Price cap requirements generally.\n § 61.42 Price cap baskets and service categories.\n § 61.43 Annual price cap filings required.\n § 61.44 [Reserved]\n § 61.45 Adjustments to the PCI for Local Exchange Carriers.\n § 61.46 Adjustments to the API.\n\n47 CFR Part 61 (Feb. 20, 2024) (enhanced display) page 1 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR Part 61 (Feb. 20, 2024)\nTariffs\n\n\n § 61.47 Adjustments to the SBI; pricing bands.\n § 61.48 Transition rules for price cap formula calculations.\n § 61.49 Supporting information to be submitted with letters of transmittal for tariffs of carriers\n subject to price cap regulation.\n § 61.50 Regulation of business data services offered by rate-of-return carriers electing\n incentive regulation.\n Subpart F Formatting and Notice Requirements for Tariff Publications\n § 61.51 Scope.\n § 61.52 Form, size, type, legibility, etc.\n § 61.54 Composition of tariffs.\n § 61.55 Contract-based tariffs.\n § 61.58 Notice requirements.\n § 61.59 Effective period required before changes.\n Subpart G Specific Rules for Tariff Publications of Dominant and Nondominant\n Carriers\n § 61.66 Scope.\n § 61.68 Special notations.\n § 61.69 Rejection.\n § 61.72 Public information requirements.\n § 61.73 Duplication of rates or regulations.\n § 61.74 References to other instruments.\n § 61.83 Consecutive numbering.\n § 61.86 Supplements.\n § 61.87 Cancellation of tariffs.\n Subpart H Concurrences\n § 61.131 Scope.\n § 61.132 Method of filing concurrences.\n § 61.133 Format of concurrences.\n § 61.134 Concurrences for through services.\n § 61.135 Concurrences for other purposes.\n § 61.136 Revocation of concurrences.\n Subpart I Adoption of Tariffs and Other Documents of Predecessor Carriers\n § 61.171 Adoption notice.\n § 61.172 Changes to be incorporated in tariffs of successor carrier.\n Subpart J Suspensions\n § 61.191 Carrier to file supplement when notified of suspension.\n § 61.192 Contents of supplement announcing suspension.\n § 61.193 Vacation of suspension order; supplements announcing same; etc.\n Subpart K Detariffing of Business Data Services\n\n47 CFR Part 61 (Feb. 20, 2024) (enhanced display) page 2 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR Part 61 (Feb. 20, 2024)\nTariffs\n\n\n § 61.201 Detariffing of price cap local exchange carriers.\n § 61.203 Detariffing of competitive local exchange carriers.\n\n\nPART 61—TARIFFS\nAuthority: 47 U.S.C. 151, 154(i), 154(j), 201–205, 403, unless otherwise noted.\n\nSource: 49 FR 40869, Oct. 18, 1984, unless otherwise noted.\n\nSubpart A—General\n§ 61.1 Purpose and application.\n (a) The purpose of this part is to prescribe the framework for the initial establishment of and subsequent\n revisions to tariff publications.\n\n (b) Tariff publications filed with the Commission must conform to the rules in this part and with Commission\n rules regarding the payment of statutory charges (see subpart G of part 1 of this title) and the use of FCC\n Registration Numbers (FRNs) (see subpart W of part 1 of this title). Failure to comply with any provisions\n of these rules may be grounds for rejection of the non-complying publication, a determination that it is\n unlawful or other action. Where an FRN has been omitted from a cover letter or transmittal accompanying\n a tariff publication filed under this part or the FRN included in that letter is invalid, the submitting carrier or\n carrier representative shall have ten (10) business days from the date of filing to amend the cover letter or\n transmittal to include a valid FRN. If within that ten (10) business day period, the carrier or carrier\n representative amends the cover letter or transmittal to include a valid FRN, that FRN shall be deemed to\n have been included in the letter as of its original filing date. If, after the expiration of the ten (10) business\n day period, the cover letter or transmittal has not been amended to include a valid FRN, the related tariff\n publication may be rejected if it has not yet become effective, declared unlawful if it has become effective,\n or subject to other action.\n\n (c) No carrier required to file tariffs may provide any interstate or foreign communication service until every\n tariff publication for such communication service is on file with the Commission and in effect.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 66 FR 47896, Sept. 14, 2001]\n\n\n§ 61.2 General tariff requirements.\n (a) In order to remove all doubt as to their proper application, all tariff publications must contain clear and\n explicit explanatory statements regarding the rates and regulations.\n\n (b) Tariff publications must be delivered to the Commission free from all charges, including claims of\n postage.\n\n (c) Tariff publications will not be returned.\n\n[64 FR 46586, Aug. 26, 1999]\n\n\n\n\n47 CFR 61.2(c) (enhanced display) page 3 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3\nTariffs\n\n\n§ 61.3 Definitions.\n (a) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C. chapter 5), as amended.\n\n (b) Actual Price Index (API). An index of the level of aggregate rate element rates in a basket, which index is\n calculated pursunt to § 61.46.\n\n (c) Association. This term has the meaning given it in § 69.2(d).\n\n (d) Average Price Cap CMT Revenue per Line month.\n\n (1) Price Cap CMT Revenue (as defined in § 61.3(cc)) per month as of July 1, 2000 (adjusted to remove\n Universal Service Contributions assessed to local exchange carriers pursuant to § 54.702 of this\n chapter) using 2000 annual filing base period demand, divided by the 2000 annual filing base period\n demand. In filing entities with multiple study areas, if it becomes necessary to calculate the Average\n Price Cap CMT Revenue per Line month for a specific study area, then the Average Price Cap CMT\n Revenue per Line month for that study area is determined as follows, using base period demand\n revenues (adjusted to remove Universal Service Contributions assessed to Local Exchange Carriers\n pursuant to § 54.702 of this chapter), Base Factor Portion (BFP) and 2000 annual filing base period\n lines:\n\n Average Price Cap CMT Revenue per Line Month in a study area = Price Cap CMT Revenue × (BFP in\n the study area ÷ (BFP in the Filing Entity) ÷ (Lines in the study area.\n\n (2) Nothing in this definition precludes a price cap local exchange carrier from continuing to average\n rates across filing entities containing multiple study areas, where permitted under existing rules.\n\n (3) Average Price Cap CMT Revenues per Line month may be adjusted after July 1, 2000 to reflect\n exogenous costs pursuant to § 61.45(d).\n\n (4) Average Price Cap CMT Revenues per Line month may also be adjusted pursuant to § 61.45\n (b)(1)(iii).\n\n (e) Average Traffic Sensitive Charge.\n\n (1) The Average Traffic Sensitive Charge (ATS charge) is the sum of the following two components:\n\n (i) The Local Switching (LS) component. The LS component will be calculated by dividing the\n proposed LS revenues (End Office Switch, LS trunk ports, Information Surcharge, and signalling\n transfer point (STP) port) by the base period LS minutes of use (MOUs); and\n\n (ii) The Transport component. The Transport component will be calculated by dividing the\n proposed Transport revenues (Switched Direct Trunk Transport, Signalling for Switched Direct\n Trunk Transport, Entrance Facilities for Switched Access traffic, Tandem Switched Transport,\n Signalling for Tandem Switching and residual per minute Transport Interconnection Charge\n (TIC) pursuant to § 69.155 of this chapter) by price cap local exchange carrier only base period\n MOUs (including meet-point billing arrangements for jointly-provided interstate access by a\n price cap local exchange carrier and any other local exchange carrier).\n\n (2) For the purposes of determining whether the ATS charge has reached the Target Rate as set forth in\n § 61.3(qq), the calculations should include all the relevant revenues and minutes for services\n provided under generally available price cap tariffs.\n\n (f) Band. A zone of pricing flexibility for a service category, which zone is calculated pursuant to § 61.47.\n\n\n47 CFR 61.3(f) (enhanced display) page 4 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3(g)\nTariffs\n\n\n (g) Base period. For carriers subject to §§ 61.41 through 61.49, the 12-month period ending six months prior\n to the effective date of annual price cap tariffs. Base year or base period earnings shall exclude amounts\n associated with exogenous adjustments to the PCI for the lower formula adjustment mechanism\n permitted by § 61.45(d)(1)(vii).\n\n (h) Basket. Any class or category of tariffed service or charge:\n\n (1) Which is established by the Commission pursuant to price cap regulation;\n\n (2) The rates of which are reflected in an Actual Price Index; and\n\n (3) The related revenues of which are reflected in a Price Cap Index.\n\n (i) Change in rate structure. A restructuring or other alteration of the rate components for an existing service.\n\n (j) Charges. The price for service based on tariffed rates.\n\n (k) Commercial contractor. The commercial firm to whom the Commission annually awards a contract to\n make copies of Commission records for sale to the public.\n\n (l) Commission. The Federal Communications Commission.\n\n (m) Concurring carrier. A carrier (other than a connecting carrier) subject to the Act which concurs in and\n assents to schedules of rates and regulations filed on its behalf by an issuing carrier or carriers.\n\n (n) Connecting carrier. A carrier engaged in interstate or foreign communication solely through physical\n connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or\n under direct or indirect common control with, such carrier.\n\n (o) Contract-based tariff. A tariff based on a service contract entered into between a non-dominant carrier\n and a customer, or between a customer and a price cap local exchange carrier which has obtained\n permission to offer contract-based tariff services pursuant to part 69, subpart H, of this chapter.\n\n (p) Corrections. The remedy of errors in typing, spelling, or punctuation.\n\n (q) Dominant carrier. A carrier found by the Commission to have market power (i.e., power to control prices).\n\n (r) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price Index for Gross Domestic Product\n published by the United States Department of Commerce, which the Commission designates by Order.\n\n (s) GNP Price Index (GNP-PI). The estimate of the “Fixed-Weighted Price Index for Gross National Product,\n 1982 Weights” published by the United States Department of Commerce, which the Commission\n designates by Order.\n\n (t) Incumbent Local Exchange Carrier. “Incumbent Local Exchange Carrier” or “ILEC” has the same meaning\n as that term is defined in 47 U.S.C. 251(h).\n\n (u) Issuing carrier. A carrier subject to the Act that publishes and files a tariff or tariffs with the Commission.\n\n (v) Line month. Line demand per month multiplied by twelve.\n\n (w) Local exchange carrier. Any person that is engaged in the provision of telephone exchange service or\n exchange access as defined in section 3(26) of the Act.\n\n (x) Mid-size company. All price cap local exchange carriers other than the Regional Bell Operating Companies\n and GTE.\n\n\n47 CFR 61.3(x) (enhanced display) page 5 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3(y)\nTariffs\n\n\n (y) New service offering. A tariff filing that provides for a class or sub-class of service not previously offered\n by the carrier involved and that enlarges the range of service options available to ratepayers.\n\n (z) Non-dominant carrier. A carrier not found to be dominant. The nondominant status of providers of\n international interexchange services for purposes of this subpart is not affected by a carrier's\n classification as dominant under § 63.10 of this chapter.\n\n (aa) Other participating carrier. A carrier subject to the Act that publishes a tariff containing rates and\n regulations applicable to the portion or through service it furnishes in conjunction with another subject\n carrier.\n\n (bb) Price Cap Local Exchange Carrier. A local exchange carrier subject to regulation pursuant to § 61.41\n through 61.49.\n\n (cc) Pooled Local Switching Revenue. For certain qualified companies as set forth in § 61.48 (m), is the\n amount of additional local switching reductions in the July 2000 Annual filing allowed to be moved and\n recovered in the CMT basket.\n\n (dd) Price Cap CMT Revenue. The maximum total revenue a filing entity would be permitted to receive from\n End User Common Line charges under § 69.152 of this chapter, Presubscribed Interexchange Carrier\n charges (PICCs) under § 69.153 of this chapter, Carrier Common Line charges under § 69.154 of this\n chapter, and Marketing under § 69.156 of this chapter, using Base Period lines. Price Cap CMT Revenue\n does not include the price cap local exchange carrier universal service contributions as of July 1, 2000.\n The Price Cap CMT revenue does not include the pooled local switching revenue outlined in paragraph\n (bb) of this section.\n\n (ee) Price Cap Index (PCI). An index of prices applying to each basket of services of each carrier subject to\n price cap regulation, and calculated pursuant to § 61.45.\n\n (ff) Price cap regulation. A method of regulation of dominant carriers provided in §§ 61.41 through 61.49.\n\n (gg) Price cap tariff filing. Any tariff filing involving a service subject to price cap regulation, or that requires\n calculations pursuant to §§ 61.45, 61.46, or 61.47.\n\n (hh) [Reserved]\n\n (ii) Rate. The tariffed price per unit of service.\n\n (jj) Rate increase. Any change in a tariff which results in an increased rate or charge to any of the filing\n carrier's customers.\n\n (kk) Rate level change. A tariff change that only affects the actual rate associated with a rate element, and\n does not affect any tariff regulations or any other wording of tariff language.\n\n (ll) Regulations. The body of carrier prescribed rules in a tariff governing the offering of service in that tariff,\n including rules, practices, classifications, and definitions.\n\n (mm) Restructured service. An offering which represents the modification of a method of charging or\n provisioning a service; or the introduction of a new method of charging or provisioning that does not\n result in a net increase in options available to customers.\n\n (nn) Rural Company. A company that, as of December 31, 1999, was certified to the Commission as a rural\n telephone company.\n\n\n\n47 CFR 61.3(nn) (enhanced display) page 6 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3(oo)\nTariffs\n\n\n (oo) Service Band Index (SBI). An index of the level of aggregate rate element rates in a service category, which\n index is calculated pursuant to § 61.47.\n\n (pp) Service category. Any group of rate elements subject to price cap regulation, which group is subject to a\n band.\n\n (qq) Supplement. A publication filed as part of a tariff for the purpose of suspending or canceling that tariff, or\n tariff publication and numbered independently from the tariff page series.\n\n (rr) Target Rate. The applicable Target Rate shall be defined as follows:\n\n (1) For regional Bell Operating Companies and GTE, $0.0055 per ATS minute of use;\n\n (2) For a holding company with a holding company average of less than 19 Switched Access End User\n Common Line charge lines per square mile served such company may elect to use a Target Rate of\n $0.0095 with respect to all exchanges owned by that holding company on July 1, 2000, or which that\n holding company is, as of April 1, 2000, under a binding and executed contract to purchase;\n\n (3) For other price cap local exchange carriers, $0.0065 per ATS minute of use.\n\n (ss) Tariff. Schedules of rates and regulations filed by common carriers.\n\n (tt) Tariff publication, or publication. A tariff, supplement, revised page, additional page, concurrence, notice of\n revocation, adoption notice, or any other schedule of rates or regulations filed by common carriers.\n\n (uu) Tariff year. The period from the day in a calendar year on which a carrier's annual access tariff filing is\n scheduled to become effective through the preceding day of the subsequent calendar year.\n\n (vv) Text change. A change in the text of a tariff which does not result in a change in any rate or regulation.\n\n (ww) United States. The several States and Territories, the District of Columbia, and the possessions of the\n United States.\n\n (xx) Corridor service. “Corridor service” refers to interLATA services offered in the “limited corridors”\n established by the District Court in United States v. Western Electric Co., Inc., 569 F. Supp. 1057, 1107\n (D.D.C. 1983).\n\n (yy) Toll dialing parity. “Toll dialing parity” exists when there is dialing parity, as defined in § 51.5 of this\n chapter, for toll services.\n\n (zz) Loop-based services. Loop-based services are services that employ Subcategory 1.3 facilities, as defined\n in § 36.154 of this chapter.\n\n (aaa) Zone Average Revenue per Line. The amount calculated as follows:\n\n Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform revenue per line adjustment)\n Where:\n\n Loop = the price for unbundled loops in a UNE zone.\n\n Port = the price for switch ports in that UNE zone.\n\n U = [(Average Price Cap CMT Revenue per Line month in a study area * price cap local exchange carrier Base\n Period Lines) − (25% * Σ (price cap local exchange carrier Base Period Lines in a UNE Zone * ((Loop + Port ) for\n all zones)))] ÷ price cap local exchange carrier Base Period Lines in a study area.\n\n47 CFR 61.3(aaa) (enhanced display) page 7 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3(bbb)\nTariffs\n\n\n (bbb) Access Stimulation.\n\n (1) A Competitive Local Exchange Carrier serving end user(s) or an IPES Provider serving end user(s)\n engages in Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or (ii) of this section;\n and a rate-of-return local exchange carrier serving end user(s) engages in Access Stimulation when\n it satisfies either paragraph (bbb)(1)(i) or (iii) of this section.\n\n (i) The rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider:\n\n (A) Has an access revenue sharing agreement, whether express, implied, written or oral, that,\n over the course of the agreement, would directly or indirectly result in a net payment to the\n other party (including affiliates) to the agreement, in which payment by the rate-of-return\n local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider is based on\n the billing or collection of access charges from interexchange carriers or wireless carriers.\n When determining whether there is a net payment under this rule, all payments, discounts,\n credits, services, features, functions, and other items of value, regardless of form, provided\n by the rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES\n Provider to the other party to the agreement shall be taken into account; and\n\n (B) Has either an interstate terminating-to-originating traffic ratio of at least 3:1 in an end\n office or equivalent in a calendar month, or has had more than a 100 percent growth in\n interstate originating and/or terminating switched access minutes of use in a month\n compared to the same month in the preceding year for such end office or equivalent.\n\n (ii) A Competitive Local Exchange Carrier or IPES Provider has an interstate terminating-to-\n originating traffic ratio of at least 6:1 in an end office or equivalent in a calendar month.\n\n (iii) A rate-of-return local exchange carrier has an interstate terminating-to-originating traffic ratio of\n at least 10:1 in an end office or equivalent in a three-calendar month period and has 500,000\n minutes or more of interstate terminating minutes-of-use per month in the same end office in\n the same three-calendar month period. These factors will be measured as an average over the\n three-calendar month period.\n\n (2) A Competitive Local Exchange Carrier serving end user(s), or an IPES Provider serving end user(s),\n that has engaged in Access Stimulation will continue to be deemed to be engaged in Access\n Stimulation until: For a carrier or provider engaging in Access Stimulation as defined in paragraph\n (bbb)(1)(i) of this section, it terminates all revenue sharing agreements covered in paragraph\n (bbb)(1)(i) of this section and does not engage in Access Stimulation as defined in paragraph\n (bbb)(1)(ii) of this section; and for a carrier or provider engaging in Access Stimulation as defined in\n paragraph (bbb)(1)(ii) of this section, its interstate terminating-to-originating traffic ratio for an end\n office or equivalent falls below 6:1 for six consecutive months, and it does not engage in Access\n Stimulation as defined in paragraph (bbb)(1)(i) of this section.\n\n (3) A rate-of-return local exchange carrier serving end user(s) that has engaged in Access Stimulation\n will continue to be deemed to be engaged in Access Stimulation until: For a carrier engaging in\n Access Stimulation as defined in paragraph (bbb)(1)(i) of this section, it terminates all revenue\n sharing agreements covered in paragraph (bbb)(1)(i) of this section and does not engage in Access\n Stimulation as defined in paragraph (bbb)(1)(iii) of this section; and for a carrier engaging in Access\n Stimulation as defined in paragraph (bbb)(1)(iii) of this section, its interstate terminating-to-\n\n\n\n\n47 CFR 61.3(bbb)(3) (enhanced display) page 8 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.3(bbb)(4)\nTariffs\n\n\n originating traffic ratio falls below 10:1 for six consecutive months and its monthly interstate\n terminating minutes-of-use in an end office or equivalent falls below 500,000 for six consecutive\n months, and it does not engage in Access Stimulation as defined in paragraph (bbb)(1)(i) of this\n section.\n\n (4) A local exchange carrier engaging in Access Stimulation is subject to revised interstate switched\n access charge rules under § 61.26(g) (for Competitive Local Exchange Carriers) or § 61.38 and §\n 69.3(e)(12) of this chapter (for rate-of-return local exchange carriers).\n\n (5) In calculating the interstate terminating-to-originating traffic ratio at each end office or equivalent\n under this paragraph (bbb), each Competitive Local Exchange Carrier, rate-of-return local exchange\n carrier or IPES Provider shall include in such calculation only traffic traversing that end office or\n equivalent and going to and from any telephone number associated with an Operating Company\n Number that has been issued to such Competitive Local Exchange Carrier, rate-of-return local\n exchange carrier or IPES Provider. The term “equivalent” in the phrase “end office or equivalent”\n means “End Office Equivalent,” as defined in this section.\n\n (ccc) Intermediate Access Provider. The term means, for purposes of this part and §§ 51.914, 69.4(1), and\n 69.5(b) of this chapter, any entity that provides terminating switched access tandem switching or\n terminating switched access tandem transport services between the final Interexchange Carrier in a call\n path and:\n\n (1) A local exchange carrier engaged in Access Stimulation, as defined in paragraph (bbb) of this\n section; or\n\n (2) A local exchange carrier delivering traffic to an IPES Provider engaged in Access Stimulation, as\n defined in paragraph (bbb) of this section; or\n\n (3) An IPES Provider engaged in Access Stimulation, as defined in paragraph (bbb) of this section, where\n the entity delivers calls directly to the IPES Provider.\n\n (ddd) Interexchange Carrier. The term means, for purposes of this part and §§ 69.3(e)(12)(iv) and 69.5(b) of this\n chapter, a retail or wholesale telecommunications carrier that uses the exchange access or information\n access services of another telecommunications carrier for the provision of telecommunications.\n\n (eee) IPES (Internet Protocol Enabled Service) Provider. The term means, for purposes of this part and §§\n 51.914, 69.4(l) and 69.5(b) of this chapter, a provider offering a service that:\n\n (1) Enables communications;\n\n (2) Requires a broadband connection from the user's location or end to end;\n\n (3) Requires internet Protocol-compatible customer premises equipment (CPE); and\n\n (4) Permits users to receive calls that originate on the public switched telephone network or that\n originate from an Internet Protocol service.\n\n (fff) End Office Equivalent. For purposes of this part and §§ 51.914, 69.3(e)(12)(iv) and 69.4(l) of this chapter,\n an End Office Equivalent is the geographic location where traffic is delivered to an IPES Provider for\n delivery to an end user. This location shall be used as the terminating location for purposes of calculating\n terminating-to-originating traffic ratios, as provided in this section. For purposes of the Access\n Stimulation Rules, the term “equivalent” in the phrase “end office or equivalent” means End Office\n Equivalent.\n\n\n47 CFR 61.3(fff) (enhanced display) page 9 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.11-61.12\nTariffs\n\n\n[54 FR 19840, May 8, 1989]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 61.3, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§§ 61.11-61.12 [Reserved]\n\nSubpart B—Rules for Electronic Filing\n\nSource: 63 FR 35540, June 30, 1998, unless otherwise noted.\n\n\n\n§ 61.13 Scope.\n (a) All issuing carriers that file tariffs are required to file tariff publications electronically, if practicable.\n\n (b) All tariff publications shall be filed in a manner that is compatible and consistent with the technical\n requirements of the Electronic Tariff Filing System.\n\n (c) Tariff publications which must be filed in hard copy format should be submitted according to the\n procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.\n\n[83 FR 2557, Jan. 18, 2018]\n\n\n§ 61.14 Method of filing publications.\n (a) Publications filed electronically must be captioned to “Secretary, Federal Communications Commission,\n Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a day, seven days a\n week. The official filing date of a publication received by the Electronic Tariff Filing System will be\n determined by the date and time the transmission ends. If the transmission ends after the close of a\n business day, as that term is defined in § 1.4(e)(2) of this chapter, the filing will be date and time stamped\n as of the opening of the next business day.\n\n (b) Carriers are strongly encouraged to submit publications electronically if practicable. Carriers need only\n transmit one set of files to the Commission. No other copies to any other party are required. Publications\n which must be filed in hard copy format should be submitted according to the procedures set forth on the\n web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.\n\n (c) Carriers that are required to file publications electronically may not file those publications on paper or\n other media unless specifically required to do so by the Commission.\n\n (d) Carriers that are required to file publications electronically need only transmit one set of files to the\n Commission. No other copies to any other party are required.\n\n (e) Carriers that are required to file publications electronically must comply with the format requirements set\n forth in §§ 61.52 and 61.54, with the exception of the informational tariffs filed pursuant to 47 U.S.C.\n 226(h)(1)(A).\n\n[63 FR 35540, June 30, 1998, as amended at 64 FR 46586, Aug. 26, 1999; 73 FR 9030, Feb. 19, 2008; 76 FR 43210, July 20, 2011;\n83 FR 2557, Jan. 18, 2018]\n\n\n47 CFR 61.14(e) (enhanced display) page 10 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.15\nTariffs\n\n\n§ 61.15 Letters of transmittal and cover letters.\n (a) All tariff publications filed with the Commission electronically must be accompanied by a letter of\n transmittal. All letters of transmittal filed with the Commission must be numbered consecutively by the\n issuing carrier beginning with Number 1. All letters of transmittal must also:\n\n (1) Concisely explain the nature and purpose of the filing;\n\n (2) Specify whether supporting information is required for the new tariff or tariff revision, and specify the\n Commission rule or rules governing the supporting information requirements for that filing;\n\n (3) Contain a statement indicating the date and method of filing of the original of the transmittal as\n required by § 61.14(b);\n\n (4) Include the FCC Registration Number (FRN) of the carrier(s) on whose behalf the cover letter is\n submitted. See subpart W of part 1 of this title.\n\n (b) Local exchange carriers filing tariffs electronically pursuant to the notice requirements of section\n 204(a)(3) of the Communications Act shall display prominently, in the upper right hand corner of the letter\n of transmittal, a statement that the filing is made pursuant to that section and whether the tariff is filed on\n 7 or 15 days notice.\n\n (c) Any carrier filing a new or revised tariff made on 15 days' notice or less shall include in the letter of\n transmittal the name, room number, street address, telephone number, and facsimile number of the\n individual designated by the filing carrier to receive personal or facsimile service of petitions against the\n filing as required under § 1.773(a)(4) of this chapter.\n\n (d) International carriers must certify that they are authorized under Section 214 of the Communications Act\n of 1934, as amended, to provide service, and reference the FCC file number of that authorization.\n\n (e) In addition to the requirements set forth in paragraph (a) of this section, any incumbent local exchange\n carrier choosing to file an Access Tariff under § 61.39 must include in the transmittal:\n\n (1) A summary of the filing's basic rates, terms and conditions;\n\n (2) A statement concerning whether any prior Commission facility authorization necessary to the\n implementation of the tariff has been obtained; and\n\n (3) A statement that the filing is made pursuant to § 61.39.\n\n (f) In addition to the requirements set forth in paragraph (a) of this section, any price cap local exchange\n carrier filing a price cap tariff must include in the letter of transmittal a statement that the filing is made\n pursuant to § 61.49.\n\n (g) The letter of transmittal must specifically reference by number any special permission necessary to\n implement the tariff publication. Special permission must be granted prior to the filing of the tariff\n publication and may not be requested in the transmittal letter.\n\n (h)\n\n (1) The letter of transmittal must be substantially in the following format:\n\n\n (Exact name of carrier in full)\n\n\n\n47 CFR 61.15(h)(1) (enhanced display) page 11 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.15(h)(2)\nTariffs\n\n\n (Post Office Address)\n\n\n\n (Date)\n\n\n\n Transmittal No.\n\n Secretary, Federal Communications Commission; Washington, DC 20554\n\n Attention: Wireline Competition Bureau\n\n The accompanying tariff (or other publication) issued by ____, and bearing FCC No. ____, effective ____,\n 20_, is sent to you for filing in compliance with the requirements of the Communications Act of 1934, as\n amended. (Here give the additional information required.)\n\n\n\n (Name of issuing officer or agent)\n\n\n\n\n (Title)\n\n (2) A separate letter of transmittal may accompany each publication, or the above format may be\n modified to provide for filing as many publications as desired with one transmittal letter.\n\n (i) All submissions of documents other than a new tariff or revisions to an existing tariff, such as Base\n Documents or Tariff Review Plans, must be accompanied by a cover letter that concisely explains the\n nature and purpose of the filing. Publications submitted under this paragraph are not required to submit a\n tariffing fee.\n\n[76 FR 43210, July 20, 2011]\n\n\n§ 61.16 Base documents.\n (a) The Base Document is a complete tariff which incorporates all effective revisions, as of the last day of the\n preceding month. The Base Document should be submitted with a cover letter as specified in § 61.15(i)\n and identified as the Monthly Updated Base Document.\n\n (b) If there have been revisions that became effective up to and including the last day of the preceding month,\n a new Base Document must be submitted within the first five business days of the current month that will\n incorporate those revisions.\n\n[76 FR 43211, July 20, 2011]\n\n\n\n\n47 CFR 61.16(b) (enhanced display) page 12 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.17\nTariffs\n\n\n§ 61.17 Applications for special permission.\n (a) All issuing carriers that file applications for special permission, associated documents, such as\n transmittal letters, requests for special permission, and supporting information, shall file those\n documents electronically.\n\n (b) Applications for special permission must contain:\n\n (1) A detailed description of the tariff publication proposed to be put into effect;\n\n (2) A statement citing the specific rules and the grounds on which waiver is sought;\n\n (3) A showing of good cause; and\n\n (4) The appropriate Illustrative tariff pages the issuing carrier wishes to either revise or add as new\n pages to its tariff.\n\n (c) An application for special permission must be addressed to “Secretary, Federal Communications\n Commission, Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a\n day, seven days a week. The official filing date of a publication received by the Electronic Tariff Filing\n System will be determined by the date and time the transmission ends. If the transmission ends after the\n close of a business day, as that term is defined in § 1.4(e)(2) of this chapter, the filing will be date and\n time stamped as of the opening of the next business day.\n\n (d) In addition, for special permission applications requiring fees as set forth in part 1, subpart G of this\n chapter, carriers shall submit the appropriate fee and associated payment form electronically through the\n process set forth in § 1.1105 of this chapter and, if practicable, the application and associated\n documents electronically in accordance with the procedures set forth on the Commission's website,\n www.fcc.gov/licensing-databases/fees. Applications which must be filed in hard copy format should be\n submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary,\n https://www.fcc.gov/secretary.\n\n (e) In addition, if an issuing carrier applies for special permission to revise joint tariffs, the application must\n state that it is filed on behalf of all carriers participating in the affected service. Applications must be\n numbered consecutively in a series separate from FCC tariff numbers and Letters of Transmittal, bear the\n signature of the officer or agent of the carrier, and be in the following format:\n\n Application No.\n\n (Date)\n\n Secretary, Federal Communications Commission, Washington, DC 20554.\n\n Attention: Wireline Competition Bureau (here provide the statements required by section 61.17(b)).\n\n (Exact name of carrier)\n\n (Name of officer or agent)\n\n (Title of officer or agent)\n\n\n\n\n47 CFR 61.17(e) (enhanced display) page 13 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.17(f)\nTariffs\n\n\n (f) If approved, the issuing carrier must comply with all terms and use all authority specified in the grant. If a\n carrier elects to use less than the authority granted, it must apply to the Commission for modification of\n the original grant. If a carrier elects not to use the authority granted within sixty days of its effective date,\n the original grant will be automatically cancelled by the Commission.\n\n[76 FR 43211, July 20, 2011, as amended at 83 FR 2557, Jan. 18, 2018]\n\n\nSubpart C—General Rules for Nondominant Carriers\n§ 61.18 Scope.\nThe rules in this subpart apply to all nondominant carriers.\n\n[64 FR 46587, Aug. 26, 1999]\n\n\n§ 61.19 Detariffing of international and interstate, domestic interexchange services.\n (a) Except as otherwise provided in paragraphs (b) through (e) of this section, or by Commission order,\n carriers that are nondominant in the provision of international and interstate, domestic interexchange\n services shall not file tariffs for such services.\n\n (b) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange\n services are permitted to file tariffs for dial-around 1 + services. For the purposes of this paragraph, dial-\n around 1 + calls are those calls made by accessing the interexchange carrier through the use of that\n carrier's carrier access code.\n\n (c) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange\n services are permitted to file a tariff for such services applicable to those customers who contact the\n local exchange carrier to designate an interexchange carrier or to initiate a change with respect to their\n primary interexchange carrier. Such tariff will enable the interexchange carrier to provide service to the\n customer until the interexchange carrier and the customer consummate a written agreement, but in no\n event shall the interexchange carrier provide service to its customer pursuant to such tariff for more than\n 45 days.\n\n (d) Carriers that are nondominant in the provision of international inbound collect calls to the United States\n are permitted to file a tariff for such services.\n\n (e) Carriers that are nondominant in the provision of “on-demand” Mobile Satellite Services are permitted to\n file a tariff for such services applicable to those customers that have not entered into pre-existing service\n contracts designating a specific provider for such services.\n\n[66 FR 16881, Mar. 28, 2001]\n\n\n§ 61.20 Method of filing publications.\n (a) All issuing carriers that file tariffs shall file all tariff publications and associated documents, such as\n transmittal letters, requests for special permission, and supporting information, electronically in\n accordance with the requirements set forth in §§ 61.13 through 61.17.\n\n\n\n\n47 CFR 61.20(a) (enhanced display) page 14 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.20(b)\nTariffs\n\n\n (b) In addition, all tariff publications requiring fees as set forth in part 1, subpart G of this chapter, shall be\n submitted electronically if practicable in accordance with § 1.1105 of this chapter along with the\n electronic submission of the payment online form. Petitions which must be filed in hard copy format\n should be submitted according to the procedures set forth on the web page of the FCC's Office of the\n Secretary, https://www.fcc.gov/secretary.\n\n[76 FR 43211, July 20, 2011, as amended at 83 FR 2557, Jan, 18. 2018]\n\n\n§ 61.25 References to other instruments.\nIn addition to the cross-references permitted pursuant to § 61.74, a non-dominant carrier may cross-reference in its\ntariff publication only the rate provisions of another carrier's FCC tariff publication, provided that the following\nconditions are met:\n\n (a) The tariff being cross-referenced must be on file with the Commission and in effect;\n\n (b) The issuing carrier must specifically identify in its tariff the cross-referenced tariff by Carrier Name and\n FCC Tariff Number;\n\n (c) The issuing carrier must specifically identify in its tariff the rates being cross-referenced so as to leave no\n doubt as to the exact rates that will apply, including but not limited to any applicable credits, discounts,\n promotions; and\n\n (d) The issuing carrier must keep its cross-references current.\n\n[64 FR 46588, Aug. 26, 1999]\n\n\n§ 61.26 Tariffing of competitive interstate switched exchange access services.\n (a) Definitions. For purposes of this section, the following definitions shall apply:\n\n (1) CLEC shall mean a local exchange carrier that provides some or all of the interstate exchange access\n services used to send traffic to or from an end user and does not fall within the definition of\n “incumbent local exchange carrier” in 47 U.S.C. 251(h).\n\n (2) Competing ILEC shall mean the incumbent local exchange carrier, as defined in 47 U.S.C. 251(h), that\n would provide interstate exchange access services, in whole or in part, to the extent those services\n were not provided by the CLEC.\n\n (3) Switched exchange access services shall include:\n\n (i) The functional equivalent of the ILEC interstate exchange access services typically associated\n with the following rate elements: Carrier common line (originating); carrier common line\n (terminating); local end office switching; interconnection charge; information surcharge;\n tandem switched transport termination (fixed); tandem switched transport facility (per mile);\n tandem switching;\n\n (ii) The termination of interexchange telecommunications traffic to any end user, either directly or\n via contractual or other arrangements with an affiliated or unaffiliated provider of\n interconnected VoIP service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP\n\n\n\n\n47 CFR 61.26(a)(3)(ii) (enhanced display) page 15 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.26(a)(4)\nTariffs\n\n\n service, as defined in 47 U.S.C. 153(36), that does not itself seek to collect reciprocal\n compensation charges prescribed by this subpart for that traffic, regardless of the specific\n functions provided or facilities used.\n\n (4) Non-rural ILEC shall mean an incumbent local exchange carrier that is not a rural telephone company\n under 47 U.S.C. 153(44).\n\n (5) The rate for interstate switched exchange access services shall mean the composite, per-minute rate\n for these services, including all applicable fixed and traffic-sensitive charges.\n\n (6) Rural CLEC shall mean a CLEC that does not serve (i.e., terminate traffic to or originate traffic from)\n any end users located within either:\n\n (i) Any incorporated place of 50,000 inhabitants or more, based on the most recently available\n population statistics of the Census Bureau or\n\n (ii) An urbanized area, as defined by the Census Bureau.\n\n (b) Except as provided in paragraphs (c), (e), and (g) of this section, a CLEC shall not file a tariff for its\n interstate switched exchange access services that prices those services above the higher of:\n\n (1) The rate charged for such services by the competing ILEC or\n\n (2) The lower of:\n\n (i) The benchmark rate described in paragraph (c) of this section or\n\n (ii) In the case of interstate switched exchange access service, the lowest rate that the CLEC has\n tariffed for its interstate exchange access services, within the six months preceding June 20,\n 2001.\n\n (c) The benchmark rate for a CLEC's switched exchange access services will be the rate charged for similar\n services by the competing ILEC. If an ILEC to which a CLEC benchmarks its rates, pursuant to this section,\n lowers the rate to which a CLEC benchmarks, the CLEC must revise its rates to the lower level within 15\n days of the effective date of the lowered ILEC rate.\n\n (d) Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b) and (c) of this\n section, in the event that, after June 20, 2001, a CLEC begins serving end users in a metropolitan\n statistical area (MSA) where it has not previously served end users, the CLEC shall not file a tariff for its\n exchange access services in that MSA that prices those services above the rate charged for such\n services by the competing ILEC.\n\n (e) Rural exemption. Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b)\n through (d) of this section, a rural CLEC competing with a non-rural ILEC shall not file a tariff for its\n interstate exchange access services that prices those services above the rate prescribed in the NECA\n access tariff, assuming the highest rate band for local switching. In addition to that NECA rate, the rural\n CLEC may assess a presubscribed interexchange carrier charge if, and only to the extent that, the\n competing ILEC assesses this charge. Beginning July 1, 2013, all CLEC reciprocal compensation rates for\n intrastate switched exchange access services subject to this subpart also shall be no higher than that\n NECA rate.\n\n (f) If a CLEC provides some portion of the switched exchange access services used to send traffic to or from\n an end user not served by that CLEC, the rate for the access services provided may not exceed the rate\n charged by the competing ILEC for the same access services, except if the CLEC is listed in the database\n\n47 CFR 61.26(f) (enhanced display) page 16 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.26(g)\nTariffs\n\n\n of the Number Portability Administration Center as providing the calling party or dialed number, the CLEC\n may, to the extent permitted by § 51.913(b) of this chapter, assess a rate equal to the rate that would be\n charged by the competing ILEC for all exchange access services required to deliver interstate traffic to the\n called number.\n\n (g) Notwithstanding paragraphs (b) through (e) of this section:\n\n (1) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb), shall not file a tariff for\n its interstate exchange access services that prices those services above the rate prescribed in the\n access tariff of the price cap LEC with the lowest switched access rates in the state.\n\n (2) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb), shall file revised\n interstate switched access tariffs within forty-five (45) days of commencing access stimulation, as\n that term is defined in § 61.3(bbb), or within forty-five (45) days of [date] if the CLEC on that date is\n engaged in access stimulation, as that term is defined in § 61.3(bbb).\n\n (3) Notwithstanding any other provision of this part, if a CLEC is engaged in Access Stimulation, as\n defined in § 61.3(bbb), it shall:\n\n (i) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019,\n whichever is later, file tariff revisions removing from its tariff terminating switched access\n tandem switching and terminating switched access tandem transport access charges\n assessable to an Interexchange Carrier for any traffic between the tandem and the local\n exchange carrier's terminating end office or equivalent; and\n\n (ii) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019,\n whichever is later, the CLEC shall not file a tariffed rate that is assessable to an Interexchange\n Carrier for terminating switched access tandem switching or terminating switched access\n tandem transport access charges for any traffic between the tandem and the local exchange\n carrier's terminating end office or equivalent.\n\n[76 FR 73881, Nov. 29, 2011, as amended at 77 FR 20553, Apr. 5, 2012; 84 FR 57652, Oct. 28, 2019]\n\n\nSubpart D—General Tariff Rules for International Dominant Carriers\n§ 61.28 International dominant carrier tariff filing requirements.\n (a) Any carrier classified as dominant for the provision of particular international communications services\n on a particular route for any reason other than a foreign carrier affiliation under § 63.10 of this chapter\n shall file tariffs for those services pursuant to the notice and cost support requirements for tariff filings of\n dominant domestic carriers, as set forth in subpart E of this part.\n\n (b) Other than the notice and cost support requirements set forth in paragraph (a) of this section, all tariff\n filing requirements applicable to all carriers classified as dominant for the provision of particular\n international communications services on a particular route for any reason other than a foreign carrier\n affiliation pursuant to § 63.10 of this chapter are set forth in subpart C of this part.\n\n[66 FR 16881, Mar. 28, 2001]\n\n\nSubpart E—General Rules for Dominant Carriers\n\n\n47 CFR 61.28(b) (enhanced display) page 17 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.31\nTariffs\n\n\n§ 61.31 Scope.\nThe rules in this subpart apply to all dominant carriers.\n\n[64 FR 46588, Aug. 26, 1999]\n\n\n§ 61.38 Supporting information to be submitted with letters of transmittal.\n (a) Scope. This section applies to dominant carriers whose gross annual revenues exceed $500,000 for the\n most recent 12 month period of operations or are estimated to exceed $500,000 for a representative 12\n month period. Incumbent Local Exchange Carriers serving 50,000 or fewer access lines in a given study\n area that are described as subset 3 carriers in § 69.602 of this chapter may submit Access Tariff filings\n for that study area pursuant to either this section or § 61.39. However, the Commission may require any\n issuing carrier to submit such information as may be necessary for a review of a tariff filing. This section\n (other than the preceding sentence of this paragraph) shall not apply to tariff filings proposing rates for\n services identified in § 61.42 (d), (e), and (g).\n\n (b) Explanation and data supporting either changes or new tariff offerings. The material to be submitted for a\n tariff change which affects rates or charges or for a tariff offering a new service, must include an\n explanation of the changed or new matter, the reasons for the filing, the basis of ratemaking employed,\n and economic information to support the changed or new matter.\n\n (1) For a tariff change the issuing carrier must submit the following, including complete explanations of\n the bases for the estimates.\n\n (i) A cost of service study for all elements for the most recent 12 month period;\n\n (ii) A study containing a projection of costs for a representative 12 month period;\n\n (iii) Estimates of the effect of the changed matter on the traffic and revenues from the service to\n which the changed matter applies, the issuing carrier's other service classifications, and the\n carrier's overall traffic and revenues. These estimates must include the projected effects on the\n traffic and revenues for the same representative 12 month period used in (b)(1)(ii) above.\n\n (2) For a tariff filing offering a new service, the issuing carrier must submit the following, including\n complete explanations of the bases for the estimates.\n\n (i) A study containing a projection of costs for a representative 12 month period; and\n\n (ii) Estimates of the effect of the new matter on the traffic and revenues from the service to which\n the new matter applies, the issuing carrier's other service classifications, and the issuing\n carrier's overall traffic and revenues. These estimates must include the projected effects on the\n traffic and revenues for the same representative 12 month period used in paragraph (b)(2)(i) of\n this section.\n\n (3) [Reserved]\n\n (4) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this\n chapter, the issuing carrier must, before filing its tariff, submit a density pricing zone plan including,\n inter alia, documentation sufficient to establish that the system of zones reasonably reflects cost-\n related characteristics, such as the density of total interstate traffic in central offices located in the\n respective zones, and receive approval of its proposed plan.\n\n (c) Working papers and statistical data.\n47 CFR 61.38(c) (enhanced display) page 18 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.38(c)(1)\nTariffs\n\n\n (1) Concurrently with the filing of any tariff change or tariff filing for a service not previously offered, the\n issuing carrier must file the working papers containing the information underlying the data supplied\n in response to paragraph (b) of this section, and a clear explanation of how the working papers relate\n to that information.\n\n (2) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of this\n chapter.\n\n (d) Form and content of additional material to be submitted with certain rate increases. In the circumstances\n set out in paragraphs (d)(1) and (2) of this section, the issuing carrier must submit all additional cost,\n marketing and other data underlying the working papers to justify a proposed rate increase. The issuing\n carrier must submit this information in suitable form to serve as the carrier's direct case in the event the\n rate increase is set by the Commission for investigation.\n\n (1) Rate increases affecting single services or tariffed items.\n\n (i) A rate increase in any service or tariffed item which results in more than $1 million in additional\n annual revenues, calculated on the basis of existing quantities in service, without regard to the\n percentage increase in such revenues; or\n\n (ii) A single rate increase in any service or tariffed item, or successive rate increases in the same\n service or tariffed item within a 12 month period, either of which results in:\n\n (A) At least a 10 percent increase in annual revenues from that service or tariffed item, and\n\n (B) At least $100,000 in additional annual revenues, both calculated on the basis of existing\n quantities in service.\n\n (2) Rate increases affecting more than one service or tariffed item.\n\n (i) A general rate increase in more than one service or tariffed item occurring at one time, which\n results in more than $1 million in additional revenues calculated on the basis of existing\n quantities in service, without regard to the percentage increase in such revenues; or\n\n (ii) A general rate increase in more than one service or tariffed item occurring at one time, or\n successive general rate increases in the same services or tariffed items occurring within a 12\n month period, either of which results in:\n\n (A) At least a 10 percent increase in annual revenues from those services or tariffed items,\n and\n\n (B) At least $100,000 in additional annual revenues, both calculated on the basis of existing\n quantities in service.\n\n (e) Submission of explanation and data by connecting carriers. If the changed or new matter is being filed by\n the issuing carrier at the request of a connecting carrier, the connecting carrier must provide the data\n required by paragraphs (b) and (c) of this section on the date the issuing carrier files the tariff matter with\n the Commission.\n\n (f) Copies of explanation and data to customers. Concurrently with the filing of any rate for special\n construction (or special assembly equipment and arrangements) developed on the basis of estimated\n costs, the issuing carrier must transmit to the customer a copy of the explanation and data required by\n paragraphs (b) and (c) of this section.\n\n\n\n47 CFR 61.38(f) (enhanced display) page 19 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.38(g)\nTariffs\n\n\n (g) On each page of cost support material submitted pursuant to this section, the issuing carrier shall\n indicate the transmittal number under which that page was submitted.\n\n[76 FR 43211, July 20, 2011]\n\n\n§ 61.39 Optional supporting information to be submitted with letters of transmittal for Access\nTariff filings by incumbent local exchange carriers serving 50,000 or fewer access lines in a\ngiven study area that are described as subset 3 carriers in § 69.602.\n (a) Scope. Except as provided in paragraph (g) of this section, This section provides for an optional method of\n filing for any local exchange carrier that is described as a subset 3 carrier in § 69.602 of this chapter,\n which elects to issue its own Access Tariff for a period commencing on or after April 1, 1989, and which\n serves 50,000 or fewer access lines in a study area as determined under § 36.611(a)(8) of this chapter.\n However, the Commission may require any carrier to submit such information as may be necessary for\n review of a tariff filing. This section (other than the preceding sentence of this paragraph) shall not apply\n to tariff filings of local exchange carriers subject to price cap regulation.\n\n (b) Explanation and data supporting tariff changes. The material to be submitted to either a tariff change or a\n new tariff which affects rates or charges must include an explanation of the filing in the transmittal as\n required by § 61.15. The basis for ratemaking must comply with the following requirements. Except as\n provided in paragraph (b)(5) of this section, it is not necessary to submit this supporting data at the time\n of filing. However, the incumbent local exchange carrier should be prepared to submit the data promptly\n upon reasonable request by the Commission or interested parties.\n\n (1) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must\n propose Traffic Sensitive rates based on the following:\n\n (i) For the first period, a cost of service study for Traffic Sensitive elements for the most recent\n 12-month period with related demand for the same period.\n\n (ii) For subsequent filings, a cost of service study for Traffic Sensitive elements for the total period\n since the incumbent local exchange carrier's last annual filing, with related demand for the\n same period.\n\n (2) For a tariff change, the incumbent local exchange carrier that is an average schedule carrier must\n propose Traffic Sensitive rates based on the following:\n\n (i) For the first period, the incumbent local exchange carrier's most recent annual Traffic Sensitive\n settlement from the National Exchange Carrier Association pool.\n\n (ii) For subsequent filings, an amount calculated to reflect the Traffic Sensitive average schedule\n pool settlement the carrier would have received if the carrier had continued to participate,\n based upon the most recent average schedule formulas approved by the Commission.\n\n (3) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must\n propose Common Line rates based on the following:\n\n (i) For the first biennial filing, the common line revenue requirement shall be determined by a cost\n of service study for the most recent 12-month period. Subscriber line charges shall be based on\n cost and demand data for the same period. Carrier common line rates shall be determined by\n the following formula:\n\n\n47 CFR 61.39(b)(3)(i) (enhanced display) page 20 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.39(b)(3)(ii)\nTariffs\n\n\n\n\n Where:\n\n\n\n\n And where:\n\n CCL Rev Req = carrier common line revenue requirement for the most recent 12-month period;\n\n CCL MOUb = carrier common line minutes of use for the most recent 12-month period;\n\n CCL MOU1 = CCL MOUb; and\n\n CCL MOU0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month\n period.\n\n (ii) For subsequent biennial filings, the common line revenue requirement shall be determined by a\n cost of service study for the most recent 24-month period. Subscriber line charges shall be\n based on cost and demand data for the same period. Carrier common line rates shall be\n determined by the following formula:\n\n\n\n\n Where:\n\n\n\n\n And where:\n\n CCL Rev Req = carrier common line revenue requirement for the most recent 24-month period;\n\n CCL MOUb = carrier common line minutes of use for the most recent 24-month period;\n\n CCL MOU1 = carrier common line minutes of use for the 12-month period; and\n\n CCL MOU0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month\n period.\n\n (4) For a tariff change, the incumbent local exchange carrier which is an average schedule carrier must\n propose common line rates based on the following:\n\n47 CFR 61.39(b)(4) (enhanced display) page 21 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.39(b)(4)(i)\nTariffs\n\n\n (i) For the first biennial filings, the common line revenue requirement shall be determined by the\n incumbent local exchange carrier's most recent annual Common Line settlement from the\n National Exchange Carrier Association. Subscriber line charges shall be based on cost and\n demand data for the same period. Carrier common line rates shall be determined by the\n following formula:\n\n\n\n\n Where:\n\n\n\n\n And where:\n\n CCL Rev Req = carrier common line settlement for the most recent 12-month period;\n\n CCL MOUb = carrier common line minutes of use for the most recent 12-month period;\n\n CCL MOU1 = CCL MOUb; and\n\n CCL MOU0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month\n period.\n\n (ii) For subsequent biennial filings, the common line revenue requirement shall be an amount\n calculated to reflect the average schedule pool settlements the carrier would have received if\n the carrier had continued to participate in the carrier common line pool, based upon the average\n schedule Common Line formulas developed by the National Exchange Carrier Association for\n the most recent 24-month period. Subscriber line charges shall be based on cost and demand\n data for the same period. Carrier common line rates shall be determined by the following\n formula:\n\n\n\n\n Where:\n\n\n\n\n And where:\n\n CCL Rev Req = carrier common line settlement for the most recent 24-month period;\n\n CCL MOUb = carrier common line minutes of use for the most recent 24-month period;\n\n47 CFR 61.39(b)(4)(ii) (enhanced display) page 22 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.39(b)(5)\nTariffs\n\n\n CCL MOU1 = carrier common line minutes of use for the most recent 12-month period; and\n\n CCL MOU0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month\n period.\n\n (5) For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local\n exchange carrier must provide supporting information for the two-year historical period with its letter\n of transmittal in accordance with § 61.38.\n\n (c) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are\n not required to comply with §§ 65.700 through 65.701 of this chapter, except with respect to periods\n during which tariffs were not subject to this section. The Commission may require any carrier to submit\n such information if it deems it necessary to monitor the carrier's earnings. However, rates must be\n calculated based on the incumbent local exchange carrier's prescribed rate of return applicable to the\n period during which the rates are effective.\n\n (d) Rates for a new service that is the same as that offered by a price cap local exchange carrier providing\n service in an adjacent serving area are deemed presumptively lawful, if the proposed rates, in the\n aggregate, are no greater than the rates established by the price cap local exchange carrier. Tariff filings\n made pursuant to this paragraph must include the following:\n\n (1) A brief explanation of why the service is like an existing service offered by a geographically adjacent\n price cap local exchange carrier; and\n\n (2) Data to establish compliance with this paragraph that, in aggregate, the proposed rates for the new\n service are no greater than those in effect for the same or comparable service offered by that same\n geographically adjacent price cap regulated local exchange carrier. Compliance may be shown\n through submission of applicable tariff pages of the adjacent carrier; a showing that the serving\n areas are adjacent; any necessary explanations and work sheets.\n\n (e) Average schedule companies filing pursuant to this section shall retain their status as average schedule\n companies.\n\n (f) On each page of cost support material submitted pursuant to this section, the issuing carrier shall\n indicate the transmittal number under which that page was submitted.\n\n (g) Engagement in Access Stimulation. A local exchange carrier otherwise eligible to file a tariff pursuant to\n this section may not do so if it is engaging in Access Stimulation, as that term is defined in § 61.3(bbb). A\n carrier so engaged must file interstate access tariffs in accordance with § 61.38 and § 69.3(e)(12) of this\n chapter.\n\n[76 FR 43212, July 20, 2011, as amended at 76 FR 73882, Nov. 29, 2011; 84 FR 57652, Oct. 28, 2019]\n\n\n§ 61.40 Private line rate structure guidelines.\n (a) The Commission uses a variety of tools to determine whether a dominant carrier's private line tariffs are\n just, reasonable, and nondiscriminatory. The dominant carrier's burden of cost justification can be\n reduced when its private line rate structures comply with the following five guidelines.\n\n (1) Rate structures for the same or comparable services should be integrated;\n\n (2) Rate structures for the same or comparable services should be consistent with one another;\n\n47 CFR 61.40(a)(2) (enhanced display) page 23 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.40(a)(3)\nTariffs\n\n\n (3) Rate elements should be selected to reflect market demand, pricing convenience for the carrier and\n customers, and cost characteristics; a rate element which appears separately in one rate structure\n should appear separately in all other rate structures;\n\n (4) Rate elements should be consistently defined with respect to underlying service functions and\n should be consistently employed through all rate structures; and\n\n (5) Rate structures should be simple and easy to understand.\n\n (b) The guidelines do not preclude a carrier, in a given case when a private line tariff does not comply with\n these guidelines, from justifying its departure from the guidelines and showing that its tariff is just,\n reasonable, and nondiscriminatory.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 76 FR 43213, July 20, 2011]\n\n\n§ 61.41 Price cap requirements generally.\n (a) Sections 61.42 through 61.49 shall apply as follows:\n\n (1) [Reserved]\n\n (2) To such price cap local exchange carriers as specified by Commission order, and to all local\n exchange carriers, other than average schedule companies, that are affiliated with such carriers; and\n\n (3) On an elective basis, to local exchange carriers, other than those specified in paragraph (a)(2) of this\n section, that are neither participants in any Association tariff, nor affiliated with any such\n participants, except that affiliation with average schedule companies shall not bar a carrier from\n electing price cap regulation provided the carrier is otherwise eligible.\n\n (b) If a telephone company, or any one of a group of affiliated telephone companies, files a price cap tariff in\n one study area, that telephone company and its affiliates, except its average schedule affiliates, must file\n price cap tariffs in all their study areas.\n\n (c) Except as provided in paragraph (e) of this section, the following rules in this paragraph (c) apply to\n telephone companies subject to price cap regulation, as that term is defined in § 61.3(ee), which are\n involved in mergers, acquisitions, or similar transactions.\n\n (1) Any telephone company subject to price cap regulation that is a party to a merger, acquisition, or\n similar transaction shall continue to be subject to price cap regulation notwithstanding such\n transaction.\n\n (2) Where a telephone company subject to price cap regulation acquires, is acquired by, merges with, or\n otherwise becomes affiliated with a telephone company that is not subject to price cap regulation,\n the latter telephone company shall become subject to price cap regulation no later than one year\n following the effective date of such merger, acquisition, or similar transaction and shall accordingly\n file price cap tariffs to be effective no later than that date in accordance with the applicable\n provisions of this part 61.\n\n (3) Notwithstanding the provisions of § 61.41(c)(2), when a telephone company subject to price cap\n regulation acquires, is acquired by, merges with, or otherwise becomes affiliated with a telephone\n company that qualifies as an “average schedule” company, the latter company may retain its\n “average schedule” status or become subject to price cap regulation in accordance with § 69.3(i)(3)\n of this chapter and the requirements referenced in that section.\n\n47 CFR 61.41(c)(3) (enhanced display) page 24 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.41(d)\nTariffs\n\n\n (d) Except as provided in paragraph (e) of this section, local exchange carriers that become subject to price\n cap regulation as that term is defined in § 61.3(ff) shall not be eligible to withdraw from such regulation.\n\n (e) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject\n to rate-of-return regulation may return lines acquired from a telephone company subject to price cap\n regulation to rate-of-return regulation, provided that the acquired lines will not be subject to average\n schedule settlements, and provided further that the telephone company subject to rate-of-return\n regulation may not for five years elect price cap regulation for itself, or by any means cause the acquired\n lines to become subject to price cap regulation.\n\n (f) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject\n to rate-of-return regulation that is affiliated with a price cap local exchange carrier may provide business\n data services pursuant to § 61.50 without converting other services to price cap regulation.\n\n[55 FR 42382, Oct. 19, 1990; 55 FR 50558, Dec. 7, 1990, as amended at 56 FR 55239, Oct. 25, 1991; 64 FR 46589, Aug. 26, 1999;\n65 FR 38695, June 21, 2000; 65 FR 57741, Sept. 26, 2000; 69 FR 25336, May 6, 2004; 76 FR 43213, July 20, 2011; 83 FR 67122,\nDec. 28, 2018]\n\n\n§ 61.42 Price cap baskets and service categories.\n (a)–(c) [Reserved]\n\n (d) Each price cap local exchange carrier shall establish baskets of services as follows:\n\n (1) A basket for the common line, marketing, and certain residual interconnection charge interstate\n access elements as described in §§ 69.115, 69.152, 69.153, 69.154, 69.155, 69.156, and 69.157 of\n this chapter. For purposes of §§ 61.41 through 61.49, this basket shall be referred to as the “CMT\n basket.”\n\n (2) A basket for traffic sensitive switched interstate access elements. For purposes of §§ 61.41 through\n 61.49 of this chapter, this basket shall be referred to as the “traffic-sensitive basket.”\n\n (3) A basket for trunking services as described in §§ 69.110, 69.111, 69.112, 69.125(b), 69.129, and\n 69.155 of this chapter. For purposes of §§ 61.41 through 61.49, this basket shall be referred to as\n the “trunking basket.”\n\n (4)\n\n (i) To the extent that a price cap local exchange carrier specified in § 61.41(a)(2) or (a)(3) offers\n interstate interexchange services that are not classified as access services for the purpose of\n part 69 of this chapter, such exchange carrier shall establish a fourth basket for such services.\n For purposes of §§ 61.41 through 61.49, this basket shall be referred to as the “interexchange\n basket.”\n\n (ii) If a price cap local exchange carrier has implemented interLATA and intraLATA toll dialing parity\n everywhere it provides local exchange services at the holding company level, that price cap\n carrier may file a tariff revision to remove corridor and interstate intraLATA toll services from its\n interexchange basket.\n\n (5) A basket for special access services as described in § 69.114 of this chapter.\n\n (e)\n\n\n\n47 CFR 61.42(e) (enhanced display) page 25 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.42(e)(1)\nTariffs\n\n\n (1) The traffic sensitive switched interstate access basket shall contain such services as the\n Commission shall permit or require, including the following service categories:\n\n (i) Local switching as described in § 69.106(f) of this chapter;\n\n (ii) Information, as described in § 69.109 of this chapter;\n\n (iii) Data base access services;\n\n (iv) Billing name and address, as described in § 69.128 of this chapter;\n\n (v) Local switching trunk ports, as described in § 69.106(f)(1) of this chapter; and\n\n (vi) Signalling transfer point port termination, as described in § 69.125(c) of this chapter.\n\n (2) The trunking basket shall contain such switched transport as the Commission shall permit or require,\n including the following service categories and subcategories:\n\n (i) Voice grade entrance facilities, voice grade direct-trunked transport, voice grade dedicated\n signalling transport,\n\n (ii) High capacity flat-rated transport, including the following service subcategories:\n\n (A) DS1 entrance facilities, DS1 direct-trunked transport, DS1 dedicated signalling transport,\n and\n\n (B) DS3 entrance facilities, DS3 direct-trunked transport, DS3 dedicated signalling transport.\n\n (iii) Tandem-switched transport, as described in § 69.111 of this chapter; and\n\n (iv) Signalling for tandem switching, as described in § 69.129 of this chapter.\n\n (3) The special access basket shall contain special access services as the Commission shall permit or\n require, including the following service categories and subcategories:\n\n (i) Voice grade special access, WATS special access, metallic special access, and telegraph\n special access services;\n\n (ii) Audio and video services;\n\n (iii) High capacity special access, and DDS services, including the following service subcategories:\n\n (A) DS1 special access services; and\n\n (B) DS3 special access services;\n\n (iv) Wideband data and wideband analog services.\n\n (f) Each price cap local exchange carrier shall exclude from its price cap baskets such services or portions of\n such services as the Commission has designated or may hereafter designate by order.\n\n (g) New services, other than those within the scope of paragraph (f) of this section, must be included in the\n affected basket at the first annual price cap tariff filing following completion of the base period in which\n they are introduced. To the extent that such new services are permitted or required to be included in new\n or existing service categories within the assigned basket, they shall be so included at the first annual price\n cap tariff filing following completion of the base period in which they are introduced.\n\n\n\n\n47 CFR 61.42(g) (enhanced display) page 26 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.43\nTariffs\n\n\n[54 FR 19842, May 8, 1989]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 61.42, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 61.43 Annual price cap filings required.\nPrice cap local exchange carriers shall submit annual price cap tariff filings that propose rates for the upcoming\ntariff year, that make appropriate adjustments to their PCI, API, and SBI values pursuant to §§ 61.45 through 61.47,\nand that incorporate new services into the PCI, API, or SBI calculations pursuant to §§ 61.45(g), 61.46(b), and\n61.47(b) and (c). Price cap local exchange carriers may propose rate, PCI, or other tariff changes more often than\nannually, consistent with the requirements of § 61.59.\n\n[76 FR 43214, July 20, 2011]\n\n\n§ 61.44 [Reserved]\n§ 61.45 Adjustments to the PCI for Local Exchange Carriers.\n (a) Price cap local exchange carriers shall file adjustments to the PCI for each basket as part of the annual\n price cap tariff filing, and shall maintain updated PCIs to reflect the effect of mid-year exogenous cost\n changes.\n\n (b)\n\n (1)\n\n (i) Adjustments to price cap local exchange carrier PCIs, in those carriers' annual access tariff\n filings, the traffic sensitive basket described in § 61.42(d)(2), the trunking basket described in §\n 61.42(d)(3), the special access basket described in § 61.42(d)(5) and the Interexchange Basket\n described in § 61.42(d)(4)(i), shall be made pursuant to the following formula:\n\n “PCIt = PCIt − 1[1 + w[GDP-PI − X] + Z / R].”\n\n PCIt − 1 = PCIt −1[1 + w[GDP-PI − X] + Z / R]\n Where the terms in the equation are described:\n\n GDP-PI = For annual filings only, the percentage change in the GDP-PI between the quarter ending six\n months prior to the effective date of the new annual tariff and the corresponding quarter of the\n previous year. For all other filings, the value is zero.\n\n X = For the CMT, traffic sensitive, and trunking baskets, for annual filings only, the factor is set at the\n level prescribed in paragraphs (b)(1)(ii) and (iii) of this section. For the interexchange basket, for\n annual filings only, the factor is set at the level prescribed in paragraph (b)(1)(v) of this section. For\n the special access basket, for annual filings only, the factor is set at the level prescribed in paragraph\n (b)(1)(iv) of this section. For all other filings, the value is zero.\n\n g = For annual filings for the CMT basket only, the ratio of minutes of use per access line during the\n base period, to minutes of use per access line during the previous base period, all minus 1.\n\n\n47 CFR 61.45(b)(1)(i) (enhanced display) page 27 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.45(b)(1)(ii)\nTariffs\n\n\n Z = The dollar effect of current regulatory changes when compared to the regulations in effect at the\n time the PCI was updated to PCIt−1, measured at base period level of operations.\n\n Targeted Reduction = the actual possible dollar value of the (GDP-PI − X) reductions that will be\n targeted to the ATS Charge pursuant to § 61.45(i)(3). The reductions calculated by applying the\n (GDP-PI − X) portion of the formula to the CCL element within the CMT basket will contain the “g”\n component, as defined above.\n\n R = Base period quantities for each rate element “I”, multiplied by the price for each rate element “I”\n at the time the PCI was updated to PCIt − 1.\n\n w = R + Z, all divided by R (used for the traffic sensitive, trunking, and special access baskets).\n\n wix = R—(access rate in effect at the time the PCI was updated to PCIt − 1 * base period demand) + Z,\n all divided by R.\n\n PCIt = The new PCI value.\n\n PCIt −1 = the immediately preceding PCI value.\n\n (ii) The X value applicable to the baskets specified in §§ 61.42(d)(1), (d)(2), and (d)(3), shall be\n 6.5%, to the extent necessary to reduce a tariff entity's ATS charge to its Target Rate as set\n forth in § 61.3(qq). Once any price cap local exchange carrier tariff entity's ATS Charge is equal\n to the Target Rate as set forth in § 61.3(qq) for the first time (the former NYNEX telephone\n companies may be treated as a separate tariff entity), then, except as provided in paragraph\n (b)(1)(iii) of this section, X is equal to GDP-PI and no further reductions will be mandated (i.e., if\n applying the full X-factor reduction for a given year would reduce the ATS charge below the\n Target Rate as set forth in § 61.3 (qq), the amount of X-factor reduction applied that year will be\n the amount necessary to reach the Target Rate as set forth in § 61.3 (qq)). A filing entity does\n not reach the Target Rate as set forth in § 61.3(qq) in any year in which it exercises an\n exogenous adjustment pursuant to § 61.45(d)(vii). For companies with separate tariff entities\n under a single price cap, the following rules shall apply:\n\n (A) Targeting amounts as defined in § 61.45(i)(1)(i) shall be identified separately, using the\n revenue for each of the tariff entities under the cap.\n\n (B) Each tariff entity shall only be required to use the amount of targeting necessary to get to\n the Target Rate as set forth in § 61.3 (qq).\n\n (iii)\n\n (A) Except as provided in paragraph (b)(1)(iii)(B) of this section, once the Tariff Entity's Target\n Rate as set forth in § 61.3 (qq) is achieved, the X-factor for the CMT basket will equal GDP-\n PI as long as GDP-PI is less than or equal to 6.5% and greater than 0%. If GDP-PI is greater\n than 6.5%, and an entity has eliminated its CCL and multi-line business PICCs charges, the\n X-factor for the CMT basket will equal 6.5%, and all End User Common Line charges, rates\n and nominal caps, will be increased by the difference between GDP-PI and the 6.5% X-\n factor. If GDP-PI is less than 0, the X-factor for the CMT basket will be 0.\n\n\n\n47 CFR 61.45(b)(1)(iii)(A) (enhanced display) page 28 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.45(b)(1)(iii)(B)\nTariffs\n\n\n (B) For tariff filing entities with a Target Rate of $0.0095, or for the portion of a filing entity\n consolidated pursuant to § 61.48(o) that, prior to such consolidation, had a Target Rate of\n $0.0095, in which the ATS charge has achieved the Target Rate but in which the carrier\n common line (CCL) charge has not been eliminated, the X-factor for the CMT basket will\n be 6.5% until the earlier of June 30, 2004, or until CCL charges are eliminated pursuant to\n paragraph (i)(4) of this section. Thereafter, in any filing entity in which a CCL charge\n remains after July 1, 2004, the X-factor for the CMT basket will be determined pursuant to\n paragraph (b)(1)(iii)(A) of this section as if CCL charges were eliminated.\n\n (iv) For the special access basket specified in § 61.42(d)(5), the value of X shall be 2.0% beginning\n December 1, 2017, notwithstanding any language in § 61.45(b)(1)(i).\n\n (v) For the interexchange basket specified in § 61.42(d)(4), the value of X shall be 3.0% for all\n annual filings.\n\n (2) Adjustments to price cap local exchange carrier PCIs and average price cap CMT revenue per line, in\n tariff filings other than the annual access tariff filing, for the CMT basket described in § 61.42(d)(1),\n the traffic sensitive basket described in § 61.42(d)(2), the trunking basket described in § 61.42(d)(3),\n the interexchange basket described in § 61.42(d)(4), and the special access basket described in §\n 61.42(d)(5), shall be made pursuant to the formulas set forth in paragraph (b)(1)(i) of this section,\n except that the “w(GDP-PI − X)” component of those PCI formulas shall not be employed.\n\n (c) Effective July 1, 2000, the prices of the CMT basket rate elements, excluding special access surcharges\n under § 69.115 of this chapter and line ports in excess of basic under § 69.157 of this chapter, shall be\n set based upon Average Price Cap CMT Revenue per Line month.\n\n (d) The exogenous cost changes represented by the term “Z” in the formula detailed in paragraph (b)(1)(i) of\n this section shall be limited to those cost changes that the Commission shall permit or require by rule,\n rule waiver, or declaratory ruling.\n\n (1) Subject to further order of the Commission, those exogenous changes shall include cost changes\n caused by:\n\n (i) The completion of the amortization of depreciation reserve deficiencies;\n\n (ii) Such changes in the Uniform System of Accounts, including changes in the Uniform System of\n Accounts requirements made pursuant to § 32.16 of this chapter, as the Commission shall\n permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling;\n\n (iii) Changes in the Separations Manual;\n\n (iv) [Reserved]\n\n (v) The reallocation of investment from regulated to nonregulated activities pursuant to § 64.901\n of this chapter;\n\n (vi) Such tax law changes and other extraordinary cost changes as the Commission shall permit or\n require be treated as exogenous by rule, rule waiver, or declaratory ruling;\n\n (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year\n earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731\n of this chapter. The allocation of LFAM amounts will be allocated pursuant to § 61.45(d)(3).\n This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000,\n but is applicable in subsequent years;\n\n47 CFR 61.45(d)(1)(vii) (enhanced display) page 29 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.45(d)(1)(viii)\nTariffs\n\n\n (viii) Inside wire amortizations;\n\n (ix) The completion of amortization of equal access expenses.\n\n (2) Price cap local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their annual access\n tariff filing, recognize all exogenous cost changes attributable to modifications during the coming\n tariff year in their Subscriber Plant Factor and the Dial Equipment Minutes factor, and completions of\n inside wire amortizations and reserve deficiency amortizations.\n\n (3) Exogenous cost changes shall be apportioned on a cost-causative basis between price cap services\n as a group, and excluded services as a group. Total exogenous cost changes thus attributed to price\n cap services shall be recovered from services other than those used to calculate the ATS charge.\n\n (e) [Reserved]\n\n (f) The exogenous costs caused by new services subject to price cap regulation must be included in the\n appropriate PCI calculations under paragraphs (b) and (c) of this section beginning at the first annual\n price cap tariff filing following completion of the base period in which such services are introduced.\n\n (g) In the event that a price cap tariff becomes effective, which tariff results in an API value (calculated\n pursuant to § 61.46) that exceeds the currently applicable PCI value, the PCI value shall be adjusted\n upward to equal the API value.\n\n (h) [Reserved]\n\n (i)\n\n (1)\n\n (i) Price cap local exchange carriers that are recovering revenues through rates pursuant to §§\n 69.106, 69.108, 69.109, 69.110, 69.111, 69.112, 69.113, 69.118, 69.123, 69.124, 69.125, 69.129,\n or § 69.155 of this chapter shall target, to the extent necessary to reduce the ATS Charge to the\n Target Rate as set forth in § 61.3 (qq) for the first time, any PCI reductions associated with the\n dollar impact of application of the (GDP-PI − X) portion of the formula in § 61.45(b)(1)(i) to the\n traffic sensitive and trunking baskets. In order to calculate the actual dollars to transfer to the\n trunking and traffic sensitive baskets, carriers will first determine the “Targeted Revenue\n Differential” that will be transferred to the trunking and traffic sensitive baskets to reduce the\n ATS Charge to the Target Rate as set forth in § 61.3(qq). The Targeted Revenue Differential\n shall be applied only to the trunking and traffic sensitive baskets to the extent necessary to\n reduce the ATS charge to the Target Rate as set forth in § 61.3 (qq), and shall not be applied to\n reduce the PCIs in any other basket or to reduce Average Price Cap CMT Revenue per Line\n month, except as provided in § 61.45(i)(4).\n\n (ii) For the purposes of § 61.45(i)(1)(i), Targeted Revenue Differential will be determined by adding\n together the following amounts:\n\n (A) R * (GDP-PI − X) for the traffic sensitive basket, trunking basket, and the CMT basket\n excluding CCL revenues; and\n\n (B) CCL Revenues * [(GDP-PI − X − (g / 2)] / [1 + (g / 2)]\n\n Where “g” is defined in § 61.45(b)(1)(i).\n\n\n\n\n47 CFR 61.45(i)(1)(ii)(B) (enhanced display) page 30 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.45(i)(2)\nTariffs\n\n\n (2) Until a tariff entity's ATS Charge equals the Target Rate as set forth in § 61.3 (qq) for the first time,\n the Targeted Revenue Differential will be targeted to reduce the following rates for that tariff filing\n entity, in order of priority:\n\n (i) To the residual per minute Transport Interconnection Charge, until that rate is $0.00; then\n\n (ii) To the Information Surcharge, until that rate is $0.00; then\n\n (iii) To the other Local Switching charges and Switched Transport charges until the tariff entity's\n ATS Rate equals the Target Rate as set forth in § 61.3(qq) for the first time. In making these\n reductions, the reductions to Local Switching rates as a percentage of total X-factor reductions\n must be greater than or equal to the percentage proportion of Local Switching revenues to the\n total sum of revenues for Local Switching, Local Switching Trunk Ports, Signalling Transfer\n Point Port Termination, Switched Direct Trunked Transport, Signalling for Switched Direct\n Trunked Transport, Entrance Facilities for switched access traffic, Tandem Switched Transport,\n and Signalling for Tandem Switching (i.e., Local Switching gets at least its proportionate share\n of reductions).\n\n (3) After a price cap local exchange carrier reaches the Target Rate as set forth in § 61.3(qq), the ATS\n Rate will be recalculated each subsequent Annual Filing. This process will identify the new ATS\n Charge for the new base period level. Due to change in base period demand and inclusion of new\n services for that annual filing, the absolute level of a tariff entity's ATS Charge may change. The\n resulting new ATS Charge level will be what that tariff entity will be measured against during that\n base period. For example, if a company whose target is $0.0055 reached the Target Rate during the\n 2000 annual filing, that level may change to $0.0058 in the 2001 annual filing due to change in\n demand and inclusion of new services. Therefore, it will be the $0.0058 average rate that the tariff\n entity will be measured against for all non-annual filings. Likewise, if that same company was at the\n Target Rate during the 2000 filing, that level may change to $0.0053 average rate in the 2001 annual\n filing due to change in demand and inclusion of new services. In that case, it will be at the $0.0053\n average rate that the tariff entity will be measured.\n\n (4) A company electing a $0.0095 Target Rate will, in the tariff year it reaches the Target Rate, apply any\n Targeted Revenue Differential remaining after reaching the Target Rate to reduce Average Price Cap\n CMT Revenue per Line month until the CCL charge is eliminated. In subsequent years, until the\n earlier of June 30, 2004 or when the CCL charge is eliminated, tariff filing entities with a Target Rate\n of $0.0095, or the portion of a filing entity consolidated pursuant to § 61.48(o) that, prior to such\n consolidation, had a Target Rate of $0.0095, will reduce Average Price Cap CMT Revenue per Line\n month according to the following method:\n\n (i) Filing entity calculates the maximum allowable carrier common line revenue, as defined in §\n 61.46(d)(1), that would be permitted in the absence of further adjustment pursuant to this\n paragraph;\n\n (ii) Filing entity identifies maximum amount of dollars available to reduce Average Price Cap CMT\n Revenue per Line month by the following:\n\n (CMT revenue in a $0.0095 Area −CCL revenue in a $0.0095 Area) * (GDP-PI −X) + (CCL\n Revenue in a $0.0095 Area) * [(GDP-PI − X) − (g / 2)] / [1 + (g / 2)]\n\n\n\n\n47 CFR 61.45(i)(4)(ii) (enhanced display) page 31 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.45(i)(4)(iii)\nTariffs\n\n\n (iii) The Average Price Cap CMT Revenue per Line month shall then be reduced by the lesser of the\n amount described in paragraph (i)(4)(i) of this section and the amount described in paragraph\n (i)(4)(ii) of this section, divided by base period Switched Access End User Common Line Charge\n lines.\n\n[65 FR 38696, June 21, 2000; 65 FR 57741, Sept. 26, 2000; 76 FR 43214, July 20, 2011; 82 FR 25711, June 2, 2017]\n\n\n§ 61.46 Adjustments to the API.\n (a) Except as provided in paragraphs (d) and (e) of this section, in connection with any price cap tariff filing\n proposing rate changes, the price cap local exchange carrier must calculate an API for each affected\n basket pursuant to the following methodology:\n\n APIt = APIt-1[Σi vi (Pt/Pt-1)i]\n Where:\n\n APIt = the proposed API value,\n\n APIt-1 = the existing API value,\n\n Pt = the proposed price for rate element “i,”\n\n Pt-1 = the existing price for rate element “i,” and\n\n vi = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand\n for the rate element “i” priced at the existing rate, to the base period demand for the entire basket of services\n priced at existing rates.\n\n (b) New services subject to price cap regulation must be included in the appropriate API calculations under\n paragraph (a) of this section beginning at the first annual price cap tariff filing following completion of the\n base period in which they are introduced. This index adjustment requires that the demand for the new\n service during the base period must be included in determining the weights used in calculating the API.\n\n (c) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the API pursuant to\n the general methodology described in paragraph (a) of this section. This adjustment requires the\n conversion of existing rates into rates of equivalent value under the proposed structure, and then the\n comparison of the existing rates that have been converted to reflect restructuring to the proposed\n restructured rates. This calculation may require use of carrier data and estimation techniques to assign\n customers of the preexisting service to those services (including the new restructured service) that will\n remain or become available after restructuring.\n\n (d) The maximum allowable carrier common line (CCL) revenue shall be computed pursuant to the following\n methodology:\n\n CCL = CMT−EUCL−Interstate Access Universal Service Support Mechanism Per Line−PICC\n Where:\n\n CMT = Price Cap CMT Revenue as defined in § 61.3(cc).\n\n\n47 CFR 61.46(d) (enhanced display) page 32 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.46(e)\nTariffs\n\n\n EUCL = Maximum allowable EUCL rates established pursuant to § 69.152 of this chapter multiplied by base\n period lines.\n\n Interstate Access Universal Service Support Per Line = the amount as determined by the Administrator\n pursuant to § 54.807 of this chapter times the number of base period lines for each customer class and zone\n receiving Interstate Access Universal Service support pursuant to part 54, subpart J.\n\n PICC = Maximum allowable PICC rates established pursuant to § 69.153 of this chapter multiplied by base\n period lines.\n\n (e) In no case shall a price cap local exchange carrier include data associated with services offered pursuant\n to contract tariff in the calculations required by this section.\n\n[65 FR 38698, June 21, 2000; 65 FR 57741, 57742, Sept. 26, 2000; 76 FR 43214, July 20, 2011]\n\n\n§ 61.47 Adjustments to the SBI; pricing bands.\n (a) In connection with any price cap tariff filing proposing changes in the rates of services in service\n categories, subcategories, or density zones, the carrier must calculate an SBI value for each affected\n service category, subcategory, or density zone pursuant to the following methodology:\n\n SBIt = SBIt-1[Σi vi(Pt/Pt−1)i]\n where\n\n SBIt = the proposed SBI value,\n\n SBIt-1 = the existing SBI value,\n\n Pt = the proposed price for rate element “i,”\n\n Pt-1 = the existing price for rate element “i,” and\n\n vi = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand\n for the rate element “i” priced at the existing rate, to the base period demand for the entire group of rate\n elements comprising the service category priced at existing rates.\n\n (b) New services that are added to existing service categories or subcategories must be included in the\n appropriate SBI calculations under paragraph (a) of this section beginning at the first annual price cap\n tariff filing following completion of the base period in which they are introduced. This index adjustment\n requires that the demand for the new service during the base period must be included in determining the\n weights used in calculating the SBI.\n\n (c) In the event that the introduction of a new service requires the creation of a new service category or\n subcategory, a new SBI must be established for that service category or subcategory beginning at the first\n annual price cap tariff filing following completion of the base period in which the new service is\n introduced. The new SBI should be initialized at a value of 100, corresponding to the service category or\n subcategory rates in effect the last day of the base period, and thereafter should be adjusted as provided\n in paragraph (a) of this section.\n\n47 CFR 61.47(c) (enhanced display) page 33 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.47(d)\nTariffs\n\n\n (d) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the affected SBI\n pursuant to the general methodology described in paragraph (a) of this section. This adjustment requires\n the conversion of existing rates in the rate element group into rates of equivalent value under the\n proposed structure, and then the comparison of the existing rates that have been converted to reflect\n restructuring to the proposed restructured rates. This calculation may require use of carrier data and\n estimation techniques to assign customers of the preexisting service to those services (including the new\n restructured service) that will remain or become available after restructuring.\n\n (e) Pricing bands shall be established each tariff year for each service category and subcategory within a\n basket. Each band shall limit the pricing flexibility of the service category, subcategory, as reflected in the\n SBI, to an annual increase of a specified percent listed in this paragraph, relative to the percentage change\n in the PCI for that basket, measured from the levels in effect on the last day of the preceding tariff year.\n For local exchanage carriers subject to price cap regulation as that term is defined in § 61.3(ee), there\n shall be no lower pricing band for any service category or subcategory.\n\n (1) Five percent:\n\n (i) Local Switching (traffic sensitive basket)\n\n (ii) Information (traffic sensitive basket)\n\n (iii) Database Access Services (traffic sensitive basket)\n\n (iv) 800 Database Vertical Services subservice (traffic sensitive basket)\n\n (v) Billing Name and Address (traffic sensitive basket)\n\n (vi) Local Switching Trunk Ports (traffic sensitive basket)\n\n (vii) Signalling Transfer Point Port Termination (traffic sensitive basket)\n\n (viii) Voice Grade (trunking and special access baskets)\n\n (ix) Audio/Video (special access basket)\n\n (x) Total High Capacity (trunking and special access baskets)\n\n (xi) DS1 Subservice (trunking and special access baskets)\n\n (xii) DS3 Subservice (trunking and special access baskets)\n\n (xiii) Wideband (special access basket)\n\n (2) Two percent:\n\n (i) Tandem-Switched Transport (trunking basket)\n\n (ii) Signalling for Tandem Switching (trunking basket)\n\n (f) A price cap local exchange carrier may establish density zones pursuant to the requirements set forth in §\n 69.123 of this chapter, for any service in the trunking and special access baskets, other than the\n interconnection charge set forth in § 69.124 of this chapter. The pricing flexibility of each zone shall be\n limited to an annual increase of 15 percent, relative to the percentage change in the PCI for that basket,\n measured from the levels in effect on the last day of the preceding tariff year. There shall be no lower\n pricing band for any density zone.\n\n (g)–(i) (l) [Reserved]\n\n47 CFR 61.47(g) (enhanced display) page 34 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.47(i)(2)\nTariffs\n\n\n (2) Effective January 1, 1998, notwithstanding the requirements of paragraph (a) of this section, if a\n price cap local exchange carrier is recovering interconnection charge revenues through per-minute\n rates pursuant to § 69.155 of this chapter, any reductions to the PCI for the basket designated in §\n 61.42(d)(3) resulting from the application of the provisions of § 61.45(b)(1)(i) and from the\n application of the provisions of §§ 61.45(i)(1) and 61.45(i)(2) shall be directed to the SBI of the\n service category designated in § 61.42(d)(i).\n\n (3) [Reserved]\n\n (4) Effective January 1, 1998, the SBI reduction required by paragraph (i)(2) of this section shall be\n determined by dividing the sum of the dollar amount of any PCI reduction required by §§ 61.45(i)(1)\n and 61.45(i)(2), by the dollar amount associated with the SBI for the service category designated in §\n 61.42(e)(2)(vi), and multiplying the SBI for the service category designated in § 61.42(e)(2)(vi) by\n one minus the resulting ratio.\n\n (5) Effective July 1, 2000, notwithstanding the requirements of paragraph (a) of this section and subject\n to the limitations of § 61.45(i), if a price cap local exchange carrier is recovering an ATS charge\n greater than its Target Rate as set forth in § 61.3(qq), any reductions to the PCI for the traffic\n sensitive or trunking baskets designated in §§ 61.42(d)(2) and 61.42(d)(3) resulting from the\n application of the provisions of § 61.45(b), and the formula in § 61.45(b) and from the application of\n the provisions of §§ 61.45(i)(1), and 61.45(i)(2) shall be directed to the SBIs of the service\n categories designated in §§ 61.42(e)(1) and 61.42(e)(2).\n\n (j) [Reserved]\n\n (k) In no case shall a price cap local exchange carrier include data associated with services offered pursuant\n to contract tariff in the calculations required by this section.\n\n[54 FR 19843, May 8, 1989]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 61.47, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 61.48 Transition rules for price cap formula calculations.\n (a)–(h) [Reserved]\n\n (i) Transport and Special Access Density Pricing Zone Transition Rules —\n\n (1) Definitions. The following definitions apply for purposes of paragraph (i) of this section:\n\n Earlier date is the earlier of the special access zone date and the transport zone date.\n\n Earlier service is special access if the special access zone date precedes the transport zone date, and\n is transport if the transport zone date precedes the special access zone date.\n\n Later date is the later of the special access zone date and the transport zone date.\n\n Later service is transport if the special access zone date precedes the transport zone date, and is\n special access if the transport zone date precedes the special access zone date.\n\n\n\n\n47 CFR 61.48(i)(1) “Later service” (enhanced display) page 35 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(i)(1) “Revenue weight”\nTariffs\n\n\n Revenue weight of a given group of services included in a zone category is the ratio of base period\n demand for the given service rate elements included in the category priced at existing rates, to\n the base period demand for the entire group of rate elements comprising the category priced at\n existing rates.\n\n Special access zone date is the date on which a local exchange carrier tariff establishing divergent\n special access rates in different zones, as described in § 69.123(c) of this chapter, becomes\n effective.\n\n Transport zone date is the date on which a local exchange carrier tariff establishing divergent\n switched transport rates in different zones, as described in § 69.123(d) of this chapter,\n becomes effective.\n\n (2) Simultaneous Introduction of Special Access and Transport Zones. Price cap local exchange carriers\n that have established density pricing zones pursuant to § 69.123 of this chapter, and whose special\n access zone date and transport zone date occur on the same date, shall initially establish density\n pricing zone SBIs and bands pursuant to the methodology in §§ 61.47(e) through (f).\n\n (3) Sequential Introduction of Zones in the Same Tariff Year. Notwithstanding §§ 61.47(e) through (f),\n price cap local exchange carriers that have established density pricing zones pursuant to § 69.123\n of this chapter, and whose special access zone date and transport zone date occur on different\n dates during the same tariff year, shall, on the earlier date, establish density pricing zone SBIs and\n pricing bands using the methodology described in §§ 61.47(e) through (f), but applicable to the\n earlier service only. On the later date, such carriers shall recalculate the SBIs and pricing bands to\n limit the pricing flexibility of the services included in each density pricing zone category, as reflected\n in its SBI, as follows:\n\n (i) The upper pricing band shall be a weighted average of the following:\n\n (A) The upper pricing band that applied to the earlier services included in the zone category on\n the day preceding the later date, weighted by the revenue weight of the earlier services\n included in the zone category; and\n\n (B) 1.05 times the SBI value for the services included in the zone category on the day\n preceding the later date, weighted by the revenue weight of the later services included in\n the zone category.\n\n (ii) [Reserved]\n\n (iii) On the later date, the SBI value for the zone category shall be equal to the SBI value for the\n category on the day preceding the later date.\n\n (4) Introduction of Zones in Different Tariff Years. Notwithstanding §§ 61.47(e) through (f), those price\n cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this\n chapter, and whose special access zone date and transport zone date do not occur within the same\n tariff year, shall, on the earlier date, establish density pricing zone SBIs and pricing bands using the\n methodology described in §§ 61.47(e) through (f), but applicable to the earlier service only.\n\n (j)–(k) [Reserved]\n\n (l) Average Traffic Sensitive Revenues.\n\n\n\n\n47 CFR 61.48(l) (enhanced display) page 36 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(l)(1)\nTariffs\n\n\n (1) In the July 1, 2000 annual filing, price cap local exchange carriers will make an additional reduction to\n rates comprising ATS charge, and to associated SBI upper limits and PCIs. This reduction will be\n calculated to be the amount that would be necessary to achieve a total $2.1 billion reduction in\n carrier common line and ATS rates by all price cap local exchange carriers, compared with those\n rates as they existed on June 30, 2000 using 2000 annual filing base period demand.\n\n (i) The net change in revenue associated with Carrier Common Line Rate elements resulting from:\n\n (A) The removal from access of price cap local exchange carrier contributions to the Federal\n universal service mechanisms;\n\n (B) Price cap local exchange carrier receipts of interstate access universal service support\n pursuant to subpart J of part 54;\n\n (C) Changes in End User Common Line Charges and PICC rates;\n\n (D) Changes in Carrier Common Line charges due to GDP-PI − X targeting for $0.0095 filing\n entities.\n\n (ii) Reductions in Average Traffic Sensitive charges resulting from:\n\n (A) Targeting of the application of the (GDP-PI − X) portion of the formula in § 61.45(b), and\n any applicable “g” adjustments;\n\n (B) The removal from access of price cap local exchange carrier contributions to the Federal\n universal service mechanisms;\n\n (C) Additional ATS charge reductions defined in paragraph (2) of this section.\n\n (2) Once the reductions in paragraph (l)(1)(i) and paragraphs (l)(1)(ii)(A) and (l)(1)(ii)(B) of this section\n are identified, the difference between those reductions and $2.1 billion is the total amount of\n additional reductions that would be made to ATS rates of price cap local exchange carriers. This\n amount will then be restated as the percentage of total price cap local exchange carrier Local\n Switching revenues as of June 30, 2000 using 2000 annual filing base period demand (“June 30\n Local Switching revenues”) necessary to yield the total amount of additional reductions and taking\n into account the fact that, if participating, a price cap local exchange carrier would not reduce ATS\n rates below its Target Rate as set forth in § 61.3(qq).Each price cap local exchange carrier then\n reduces ATS rate elements, and associated SBI upper limits and PCIs, by a dollar amount equivalent\n to the percentage times the June 30 Local Switching revenues for that filing entity, provided that no\n price cap local exchange carrier shall be required to reduce its ATS rates below its Target Rate as set\n forth in § 61.3(qq). Each price cap local exchange carrier can take its additional reductions against\n any of the ATS rate elements, provided that at least a proportional share must be taken against Local\n Switching rates.\n\n (m) Pooled Local Switching Revenues.\n\n (1) Price cap local exchange carriers are permitted to pool local switching revenues in their CMT basket\n under one of the following conditions.\n\n (i) Any price cap local exchange carrier that would otherwise have July 1, 2000 price cap\n reductions as a percentage of Base Period Price Cap Revenues at the holding company level\n greater than the industry wide total July 1, 2000 price cap revenue reduction as a percentage of\n Base Period Price Cap Revenues may elect temporarily to pool the amount of the additional\n reductions above 25% of the Local Switching element revenues necessary to yield that carrier's\n\n47 CFR 61.48(m)(1)(i) (enhanced display) page 37 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(m)(1)(ii)\nTariffs\n\n\n proportionate share of a total $2.1 billion reduction in switched access usage rates on July 1,\n 2000. The basis of the reduction calculation will be R at PCIt-1 for the upcoming tariff year. The\n percentage reductions per line amounts will be calculated as follows: (Total Price Cap Revenue\n Reduction ÷ Base Period Price Cap Revenues)\n\n Pooled local switching revenue for each filing entity within a holding company that qualifies\n under this paragraph (i) will continue until such pooled revenues are eliminated under this\n paragraph. Notwithstanding the provisions of § 61.45(b)(1), once the Average Traffic Sensitive\n (ATS) rate reaches the applicable Target Rate as set forth in § 61.3(qq), the Targeted Revenue\n Differential as defined in § 61.45(i) shall be targeted to reducing pooled local switching revenue\n until the pooled local switching revenue is eliminated. Thereafter, the X-factor for these baskets\n will be determined in accordance with § 61.45(b)(1).\n\n (ii) Price cap local exchange carriers other than the Bell companies and GTE with at least 20% of\n total holding company lines operated by companies that as of December 31, 1999 were\n certified to the Commission as rural carriers, may elect to pool up to the following amounts:\n\n (A) For a price cap holding company's predominantly non-rural filing entities (i.e., filing entities\n within which more than 50% of all lines are operated by telephone companies other than\n those that as of December 31, 1999 were certified to the Commission as rural telephone\n companies), the amount of the additional reductions to Average Traffic Sensitive Charge\n rates as defined in paragraph (l)(2) of this section, to the extent such reductions exceed\n 25% of the Local Switching element revenues (measured in terms of June 30, 2000 rates\n times 1999 base period demand);\n\n (B) For a price cap holding company's predominantly rural filing entities (i.e., filing entities with\n greater than 50% of lines operated by telephone companies that as of December 31, 1999\n were certified to the Commission as rural telephone companies), the amount of the\n additional reductions to Average Traffic Sensitive Charge rates as defined in paragraph\n (l)(2) of this section.\n\n (2) Allocation of Pooled Local Switching Revenue to Certain CMT Elements\n\n (i) The pooled local switching revenue for each filing entity is shifted to the CMT basket within\n price caps. Pooled local switching revenue will not be included in calculations to determine the\n eligibility for interstate access universal service funding.\n\n (ii) Pooled local switching revenue will be capped on a revenue per line basis.\n\n (iii) Pooled local switching revenue is included in the total revenue for the CMT basket in calculating\n the X-factor reduction targeted to the traffic sensitive rate elements, and for companies\n qualified under paragraph (m)(1)(i) of this section, to pooled elements after the Average Traffic\n Sensitive Charge reaches the target level. For the purpose of targeting X-factor reductions,\n companies that allocate pooled local switching revenue to other filing entities pursuant to\n paragraph (m)(2)(vii) of this section shall include pooled local switching revenue in the total\n revenue of the CMT basket of the filing entity from which the pooled local switching revenue\n originated.\n\n (iv) Pooled local switching revenue shall be kept separate from CMT revenue in the CMT basket.\n CMT rate elements for each filing entity shall first be set based on CMT revenue per line without\n regard to the presence of pooled local switching revenue for each filing entity.\n\n\n47 CFR 61.48(m)(2)(iv) (enhanced display) page 38 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(m)(2)(v)\nTariffs\n\n\n (v) If the rates generated without regard to the presence of pooled local switching revenue for\n multi-line business PICC and/or multi-line business SLC are below the nominal caps of $4.31\n and $9.20, respectively, pooled amounts can be added to these rate elements to the extent\n permitted by the nominal caps.\n\n (vi) Notwithstanding the provisions of § 69.152(k) of this chapter, pooled local switching revenue is\n first added to the multi-line business SLC until the rate equals the nominal cap ($9.20) or the\n pooled local switching revenue is fully allocated. If pooled local switching revenue remains\n after applying amounts to the multi-line business SLC, notwithstanding the provisions of §\n 69.153 of this chapter, the remaining pooled local switching revenue may be added to the multi-\n line business PICC until the rate equals the nominal cap ($4.31) or the pooled local switching\n revenue is fully allocated. Unallocated pooled local switching revenue may still remain. For\n companies pooling pursuant to paragraph (m)(1)(i) of this section, these unallocated amounts\n may not be recovered from the CCL charge, the primary residential and single-line business\n SLC, a non-primary residential SLC, or from CMT elements in any other filing entity.\n\n (vii) For companies pooling pursuant to paragraph (m)(1)(ii) of this section, pooled local switching\n revenue that can not be allocated to the multi-line business PICC and multi-line business SLC\n rates within an individual filing entity may not be recovered from the CCL charge, primary\n residential and single-line business SLC or residential/single-line business SLC charges, but\n may be allocated to other filing entities within the holding company, and collected by adding\n these amounts to the multi-line business PICC and multi-line business SLC rates. The allocation\n of pooled local switching revenue among filing entities will be re-calculated at each annual\n filing. In subsequent annual filings, pooled local switching revenue that was allocated to\n another filing entity will be reallocated to the filing entity from where it originated, to the full\n extent permitted by the nominal caps of $9.20 and $4.31.\n\n (viii) Notwithstanding the provisions of § 69.152(k) of this chapter, these unallocated local switching\n revenues that cannot be recovered fully pursuant to paragraph (m)(2)(vii) of this section are\n first added to the multi-line business SLC of other filing entities until the resulting rate equals\n the nominal cap ($9.20) or the pooled local switching revenue for the holding company is fully\n allocated. If the pooled local switching revenue can be fully allocated to the multi-line business\n SLC, the amount is distributed to each filing entity with a rate below the nominal cap ($9.20)\n based on its below-cap multi-line business SLC revenue as a percentage of the total holding\n company's below-cap multi-line business SLC revenue.\n\n (ix) If pooled local switching revenue remains after applying amounts to the multi-line business SLC\n of all filing entities in the holding company, pooled local switching revenue may be added to the\n multi-line business PICC of other filing entities. Notwithstanding the provisions of § 69.153 of\n this chapter, the remaining pooled local switching revenue is distributed to each filing entity\n with a rate below the nominal cap ($4.31) based on its below-cap multi-line business PICC\n revenue as a percentage of the total holding company's below-cap multi-line business PICC\n revenue.\n\n (x) If pooled local switching revenue is added to the multi-line business SLC but not to the multi-\n line business PICC for a filing entity that qualified to deaverage SLCs without regard to pooled\n local switching revenue, the resulting SLC rates can still be deaveraged. Total pooled local\n switching revenue is added to the deaveraged zone 1 multi-line business SLC rate until the per\n line rate in zone 1 equals the rate in zone 2 or until the pooled local switching revenue is fully\n allocated to the deaveraged multi-line business SLC rate for zone 1. If pooled local switching\n\n47 CFR 61.48(m)(2)(x) (enhanced display) page 39 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(n)\nTariffs\n\n\n revenue remains after the rate in zone 1 equals zone 2, the deaveraged rates of zone 1 and\n zone 2 are increased until the pooled local switching revenue is fully allocated to the\n deaveraged multi-line business SLC rates of zone 1 and 2 or until those rates reach the zone 3\n multi-line business SLC rate level. This process continues until pooled local switching revenue\n is fully allocated to the zone deaveraged rates.\n\n (n) Establishment of the special access basket, effective July 1, 2000.\n\n (1) On the effective date, the PCI value for the special access basket, as defined in § 61.42(d)(5) shall be\n equal to the PCI for the trunking basket on the day preceding the establishment of the special\n access basket.\n\n (2) On the effective date, the API value for the special access basket, as defined in § 61.42(d)(5) shall be\n equal to the API for the trunking basket on the day preceding the establishment of the special\n access basket.\n\n (3) Service Category, Subcategory, and Density Zone SBIs and Upper Limits.\n\n (i) Interconnection, Tandem Switched Transport, and Signalling Interconnec- tion will retain the\n SBIs and upper limits and remain in the trunking basket.\n\n (ii) Audio/Video and Wideband will retain the SBIs and upper limits and be moved into the special\n access basket.\n\n (iii) For Voice Grade, the SBIs and upper limits in both baskets will be equal to the SBIs and upper\n limits in the existing trunking basket on the day preceding the establishment of the special\n access basket. Voice Grade density zones in the trunking basket will retain their indices and\n upper limits. Voice Grade density zones will be initialized in the special access basket when\n services are first offered in them.\n\n (iv) For High Cap/DDS, DS1, and DS3 category and subcategories, the SBIs and upper limits in both\n baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day\n preceding the establishment of the special access basket. SBIs and upper limits for services\n that are in both combined density zones and either DTT/EF or special access density zones will\n be calculated by using weighted averages of the indices in the affected zones.\n\n (v) For each DTT/EF-related zone remaining in the trunking basket, the values will be calculated by\n taking the sum of the products of the DTT/EF revenues times the DTT/EF index (or upper limit)\n and the DTT/EF-related revenues in the combined zone times the combined index (or upper\n limit), and dividing by the total DTT/EF-related revenues for that zone.\n\n (vi) For each special access-related zone in the special access basket, the values will be calculated\n by taking the sum of the products of the special access revenues times the special access\n index (or upper limit) and the special access-related revenues in the combined zone times the\n combined index (or upper limit), and dividing by the total special access-related revenues for\n that zone.\n\n (o) Treatment of acquisitions of exchanges with different ATS Target Rates as set forth in § 61.3(qq):\n\n (1) In the event that a price cap local exchange carrier acquires a filing entity or portion thereof from a\n price cap local exchange carrier after July 1, 2000, and the price cap local exchange carrier did not\n have a binding and executed contract to purchase that filing entity or portion thereof as of April 1,\n 2000, those properties retain their pre-existing Target Rates as set forth in § 61.3(qq). If those\n\n47 CFR 61.48(o)(1) (enhanced display) page 40 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.48(o)(2)\nTariffs\n\n\n properties are merged into a filing entity with a different Target Rate as set forth in § 61.3(qq), the\n Target Rate as set forth in § 61.3(qq) for the merged filing entity will be the weighted average of the\n Target Rates as set forth in § 61.3(qq) for the properties being combined into a single filing entity,\n with the average weighted by local switching minutes. When a property acquired as a result of a\n contract for purchase executed after April 1, 2000 is merged with $0.0095 Target Rate properties, the\n obligation to apply price cap reductions to reduce CCL, pursuant to § 61.45(b)(iii) does not apply to\n the properties purchased under contracts executed after April 1, 2000, but continues to apply to the\n other properties.\n\n (2) For sale of properties for which a holding company was, as of April 1, 2000, under a binding and\n executed contract to purchase but which close after June 30, 2000, but during tariff year 2000, and\n that are subject to the $0.0095 Target Rate as set forth in § 61.3(qq), the Average Traffic Sensitive\n Rate charged by the purchaser for that property will be the greater of $0.0095 or the Average Traffic\n Sensitive Rate for that property.\n\n[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 FR 21617, May 10, 1991; 56 FR 55239, Oct. 25, 1991;\n59 FR 10302, Mar. 4, 1994; 60 FR 19528, Apr. 19, 1995; 60 FR 52346, Oct. 6, 1995; 62 FR 31932, June 11, 1997; 64 FR 46590, Aug.\n26, 1999; 65 FR 38699, June 21, 2000; 65 FR 57742, 57743, Sept. 26, 2000; 76 FR 43214, July 20, 2011]\n\n\n§ 61.49 Supporting information to be submitted with letters of transmittal for tariffs of carriers\nsubject to price cap regulation.\n (a) Each price cap tariff filing must be accompanied by supporting materials sufficient to calculate required\n adjustments to each PCI, API, and SBI pursuant to the methodologies provided in §§ 61.45, 61.46, and\n 61.47, as applicable.\n\n (b) Each price cap tariff filing that proposes rates that are within applicable bands established pursuant to §\n 61.47, and that results in an API value that is equal to or less than the applicable PCI value, must be\n accompanied by supporting materials sufficient to establish compliance with the applicable bands, and to\n calculate the necessary adjustment to the affected APIs and SBIs pursuant to §§ 61.46 and 61.47,\n respectively.\n\n (c) Each price cap tariff filing that proposes rates above the applicable band limits established in §§ 61.47 (e)\n must be accompanied by supporting materials establishing substantial cause for the proposed rates.\n\n (d) Each price cap tariff filing that proposes rates that will result in an API value that exceeds the applicable\n PCI value must be accompanied by:\n\n (1) An explanation of the manner in which all costs have been allocated among baskets; and\n\n (2) Within the affected basket, a cost assignment slowing down to the lowest possible level of\n disaggregation, including a detailed explanation of the reasons for the prices of all rate elements to\n which costs are not assigned.\n\n (e) Each price cap tariff filing that proposes restructuring of existing rates must be accompanied by\n supporting materials sufficient to make the adjustments to each affected API and SBI required by §§\n 61.46(c) and 61.47(d), respectively.\n\n (f)\n\n (1) [Reserved]\n\n\n\n47 CFR 61.49(f)(1) (enhanced display) page 41 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.49(f)(2)\nTariffs\n\n\n (2) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based\n service, as defined in § 61.3(pp) of this part—including a restructured unbundled basic service\n element (BSE), as defined in § 69.2(mm) of this chapter, that constitutes a new loop-based\n service—that is or will later be included in a basket, must be accompanied by cost data sufficient to\n establish that the new loop-based service or unbundled BSE will not recover more than a just and\n reasonable portion of the carrier's overhead costs.\n\n (3) A price cap local exchange carrier may submit without cost data any tariff filings that introduce new\n services, other than loop-based services.\n\n (4) A price cap local exchange carrier that has removed its corridor or interstate ntraLATA toll services\n from its interexchange basket pursuant to § 61.42(d)(4)(ii), may submit its tariff filings for corridor or\n interstate intraLATA toll services without cost data.\n\n (g) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service\n or a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter, that is\n or will later be included in a basket, or that introduces or changes the rates for connection charge\n subelements for expanded interconnection, as defined in § 69.121 of this chapter, must also be\n accompanied by:\n\n (1) The following, including complete explanations of the bases for the estimates.\n\n (i) A study containing a projection of costs for a representative 12 month period; and\n\n (ii) Estimates of the effect of the new tariff on the traffic and revenues from the service to which\n the new tariff applies, the carrier's other service classifications, and the carrier's overall traffic\n and revenues. These estimates must include the projected effects on the traffic and revenues\n for the same representative 12 month period used in paragraph (g)(1)(i) of this section.\n\n (2) Working papers and statistical data.\n\n (i) Concurrently with the filing of any tariff change or tariff filing for a service not previously\n offered, the issuing carriers must file the working papers containing the information underlying\n the data supplied in response to paragraph (h)(1) of this section, and a clear explanation of how\n the working papers relate to that information.\n\n (ii) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of the\n Commission's rules.\n\n (h) Each tariff filing submitted by a price cap local exchange carrier that introduces or changes the rates for\n connection charge subelements for expanded interconnection, as defined in § 69.121 of this chapter,\n must be accompanied by cost data sufficient to establish that such charges will not recover more than a\n just and reasonable portion of the carrier's overhead costs.\n\n (i) [Reserved]\n\n (j) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this chapter, the\n carrier must, before filing its tariff, submit a density pricing zone plan including, inter alia, documentation\n sufficient to establish that the system of zones reasonably reflects cost-related characteristics, such as\n the density of total interstate traffic in central offices located in the respective zones, and receive approval\n of its proposed plan.\n\n (k) [Reserved]\n\n\n47 CFR 61.49(k) (enhanced display) page 42 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.49(l)\nTariffs\n\n\n (l) On each page of cost support material submitted pursuant to this section, the issuing carrier shall\n indicate the transmittal number under which that page was submitted.\n\n[54 FR 19843, May 8, 1989]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 61.49, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 61.50 Regulation of business data services offered by rate-of-return carriers electing\nincentive regulation.\n (a) A rate-of-return carrier, as defined in § 51.903(g) of this chapter, may elect to offer its business data\n services subject to incentive regulation pursuant to this section. A rate-of-return carrier may elect to offer\n business data services subject to incentive regulation pursuant to this section only if all affiliated rate-of-\n return carriers meeting the requirements of paragraph (b) of this section make the election. A carrier's\n election under this section is irrevocable.\n\n (b) A rate-of-return carrier is eligible to elect incentive regulation for its business data services if the carrier:\n\n (1) Receives universal service payments pursuant to the Alternative-Connect America Cost Model\n pursuant to § 54.311 of this chapter;\n\n (2) Is an affiliate of a price cap local exchange carrier operating pursuant to a waiver of § 61.41;\n\n (3) Receives universal service payments pursuant to § 54.306 of this chapter; or\n\n (4) Transitions away from legacy support mechanisms in the future.\n\n (c) A rate-of-return carrier electing to offer business data services pursuant to this section shall employ the\n procedures outlined in §§ 61.42 through 61.49 to calculate rates for its business data services and adjust\n its indexes for those rates to the extent those sections are applicable to business data services, except\n that:\n\n (1) Exogenous costs associated with regulated services shall be allocated to business data services\n based on relative regulated business data services revenues, compared to regulated revenues and\n related support receipts; and\n\n (2) An electing carrier is not required to file a short form tariff review plan as required by § 61.49(k).\n\n (d) A rate-of-return carrier electing to offer business data services pursuant to this section must remove its\n business data services from the NECA Traffic Sensitive Pool. Such a carrier may continue to participate in\n the NECA Traffic Sensitive Pool and tariff for access services other than business data services.\n\n (e) A rate-of-return carrier offering business data services pursuant to this section may offer those business\n data services at different rates in different study areas.\n\n (f) A rate-of-return carrier offering business data services pursuant to this section may make a low-end\n adjustment pursuant to § 61.45(d)(1)(vii) unless it:\n\n (1) Exercises the regulatory relief pursuant to paragraph (g) of this section in any part of its service\n region; or\n\n (2) Exercises the option to use Generally Accepted Accounting Principles rather than the part 32 Uniform\n System of Accounts pursuant to § 32.11(g) of this chapter.\n47 CFR 61.50(f)(2) (enhanced display) page 43 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.50(g)\nTariffs\n\n\n (g) A rate-of-return carrier electing to offer business data services pursuant to this section may offer time\n division multiplexed transport and end user channel termination services at or below a DS3 bandwidth\n that include:\n\n (1) Volume and term discounts;\n\n (2) Contract-based tariffs, provided that:\n\n (i) Contract-based tariff services are made generally available to all similarly situated customers;\n and\n\n (ii) The rate-of-return carrier excludes all contract-based tariff offerings from incentive regulation;\n and\n\n (3) The ability to file tariff revisions on at least one day's notice, notwithstanding the notice requirements\n for tariff filings specified in § 61.58.\n\n (h) A rate-of-return carrier electing to offer business data services pursuant to this section shall comply with\n the requirements of § 69.805 of this chapter in its study areas deemed non-competitive pursuant to this\n section.\n\n (i) The regulation of other services offered by a carrier that offers business data services pursuant to this\n section shall not be modified as a result of the requirements of this section.\n\n (j)\n\n (1) The Wireline Competition Bureau will conduct an initial competitive market test for rate-of-return\n carriers eligible to elect incentive regulation pursuant to this section. Study areas of such carriers will\n be deemed competitive if 75 percent of the census blocks within the study area are reported to have\n a minimum of 10 Mbps download and 1 Mbps upload broadband service offered by a cable operator\n based on the most current publicly available Form 477 data. A list of study areas deemed\n competitive by the competitive market test will be published on the Commission's website.\n\n (2) The Wireline Competition Bureau will conduct subsequent competitive market tests for rate-of-return\n carriers electing incentive regulation pursuant to this section contemporaneously with the\n subsequent tests mandated by § 69.803 of this chapter for price cap carriers.\n\n (3) A study area of an electing carrier deemed competitive by the competitive market test will retain its\n status in subsequent tests.\n\n (k)\n\n (1) Packet-based and time division multiplexed business data services above a DS3 bandwidth offered\n by a rate-of-return carrier pursuant to this section shall not be subject to ex ante pricing regulation.\n\n (2) Time division multiplexed end user channel termination business data services at or below a DS3\n bandwidth offered by a rate-of-return carrier pursuant to this section in study areas deemed\n competitive by the competitive market test shall not be subject to ex ante pricing regulation.\n\n (3) A rate-of-return carrier electing incentive regulation for its business data services must detariff:\n\n (i) All packet-based and time division multiplexed business data services above a DS3 bandwidth\n within thirty-six months after the effective date of its election of incentive regulation; and\n\n\n\n\n47 CFR 61.50(k)(3)(i) (enhanced display) page 44 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.50(k)(3)(ii)\nTariffs\n\n\n (ii) All time division multiplexed end user channel termination business data services at or below a\n DS3 bandwidth in any study area deemed competitive by the competitive market test within\n thirty-six months after such services shall be deemed competitive in a study area.\n\n (l)\n\n (1) A rate-of-return carrier electing incentive regulation for its business data services effective July 1,\n 2019 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2019 for it to\n become effective concurrent with the annual access tariff filing in 2019.\n\n (2) A rate-of-return carrier electing incentive regulation for its business data services effective July 1,\n 2020 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2020 for it to\n become effective concurrent with the annual access tariff filing in 2020.\n\n (3) A rate-of-return carrier accepting future offers of Alternative-Connect America Cost Model support or\n otherwise transitioning away from legacy support mechanisms and electing incentive regulation for\n its business data services must notify the Chief of the Wireline Competition Bureau of its election by\n May 1 following its acceptance of the offer for it to become effective concurrent with that year's\n annual access tariff filing.\n\n[83 FR 67122, Dec. 28, 2018]\n\n\nSubpart F—Formatting and Notice Requirements for Tariff Publications\n\nSource: 76 FR 43215, July 20, 2011, unless otherwise noted.\n\n\n\n§ 61.51 Scope.\nThe rules in this subpart apply to tariffs filed by issuing carriers, with the exception of the informational tariffs filed\npursuant to 47 U.S.C. 226(h)(1)(A), unless otherwise noted.\n\n[76 FR 43215, July 20, 2011]\n\n\n§ 61.52 Form, size, type, legibility, etc.\n (a) Pages of tariffs must be numbered consecutively and designated as “Original title page,” “Original page 1,”\n “Original page 2,” etc.\n\n (1) All such pages must show, in the upper left-hand corner the name of the issuing carrier; in the upper\n right-hand corner the FCC number of the tariff, with the page designation directly below; in the lower\n left-hand corner the issued date; in the lower right-hand corner the effective date; and at the bottom,\n center, the street address of the issuing officer. The carrier must also specify the issuing officer's title\n either at the bottom center of all tariff pages, or on the title page and check sheet only.\n\n (2) As an alternative, the issuing carrier may show in the upper left-hand corner the name of the issuing\n carrier, the title and street address of the issuing officer, and the issued date; and in the upper right-\n hand corner the FCC number of the tariff, with the page designation directly below, and the effective\n date. The carrier must specify the issuing officer's title in the upper left-hand corner of either all tariff\n\n\n\n\n47 CFR 61.52(a)(2) (enhanced display) page 45 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.52(a)(3)\nTariffs\n\n\n pages, or on the title page and check sheet only. A carrier electing to place the information at the top\n of the page should annotate the bottom of each page to indicate the end of the material, e.g., a line,\n or the term “Printed in USA,” or “End”.\n\n (3) Only one format may be employed in a tariff publication.\n\n (b) All issuing carriers shall file all tariff publications and associated documents, such as transmittal letters,\n requests for special permission, and supporting information, electronically in accordance with the\n requirements set forth in §§ 61.13 through 61.17.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 58 FR 44906, Aug. 25, 1993; 62 FR 5778, Feb. 7, 1997; 63 FR 35541, June 30, 1998;\n76 FR 43215, July 20, 2011]\n\n\n§ 61.54 Composition of tariffs.\n (a) Tariffs must contain in consecutive order: A title page; check sheet; table of contents; list of concurring,\n connecting, and other participating carriers; explanation of symbols and abbreviations; application of\n tariff; general rules (including definitions), regulations, exceptions and conditions; and rates. If the issuing\n carrier elects to add a section assisting in the use of the tariff, it should be placed immediately after the\n table of contents.\n\n (b) The title page of every tarif_f and supplement must show:\n\n (1) FCC number, indication of cancellations. In the upper right-hand corner, the designation of the tariff or\n supplement as “FCC No. ____,” or “Supplement No. ____ to FCC No. ____,” and immediately below, the\n FCC number or numbers of tariffs or supplements cancelled thereby.\n\n (2) Name of carrier, class of service, geographical application, means of transmission. The exact name of\n the carrier, and such other information as may be necessary to identify the carrier issuing the tariff\n publication; a brief statement showing each class of service provided; the geographical application;\n and the type of facilities used to provide service.\n\n (3) Expiration date. Subject to § 61.59, when the entire tariff or supplement is to expire with a fixed date,\n the expiration date must be shown in connection with the effective date in the following manner.\n Changes in expiration date must be made pursuant to the notice requirements of § 61.58, unless\n otherwise authorized by the Commission.\n\n Expires at the end of __ (date) unless sooner canceled, changed, or extended.\n\n (4) Title and address of issuing officer. The title and street address of the officer issuing the tariff or\n supplement in the format specified in § 61.52.\n\n (5) Revised title page. When a revised title page is issued, the following notation must be shown in\n connection with its effective date:\n\n Original tariff _effective __________ (here show the effective date of the original tariff).\n\n (c)\n\n (1)\n\n\n\n\n47 CFR 61.54(c)(1) (enhanced display) page 46 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.54(c)(1)(i)\nTariffs\n\n\n (i) The page immediately following the title page must be designated as “Original page 1” and\n captioned “Check Sheet.” When the original tariff is filed, the check sheet must show the\n number of pages contained in the tariff. For example, “Page 1 to 150, inclusive, of this tariff are\n effective as of the date shown.” When new pages are added, they must be numbered in\n continuing sequence, and designated as “Original page ____ .” For example, when the original\n tariff filed has 150 pages, the first page added after page 150 is to be designated as “Original\n page 151,” and the foregoing notation must be revised to include the added pages.\n\n (ii) Alternatively, the carrier is permitted to number its tariff pages, other than the check sheet, to\n reflect the section number of the tariff as well as the page. For example, under this system,\n pages in section 1 of the tariff would be numbered 1–1, 1–2, etc., and pages in section 2 of the\n tariff would be numbered 2–1, 2–2, etc. Issuing carriers shall utilize only one page numbering\n system throughout its tariff.\n\n (2) If pages are to be inserted between numbered pages, each such page must be designated as an\n original page and must bear the number of the immediately preceding page followed by an alpha or\n numeric suffix. For example, when two new pages are to be inserted between pages 44 and 45 of the\n tariff, the first inserted page must be designated as Original page 44A or 44.1 and the second\n inserted page as Original page 44B or 44.2. Issuing carriers may not utilize both the alpha and\n numeric systems in the same publication.\n\n (3)\n\n (i) When pages are revised, when new pages (including pages with letter or numeric suffix as set\n forth above) are added to the tariff, or when supplements are issued, the check sheet must be\n revised accordingly. Revised check sheets must indicate with an asterisk the specific pages\n added or revised. In addition to the notation in (1), the check sheet must list, under the heading\n “The original and revised pages named below (and Supplement No. ____) contain all changes\n from the original tariff that are in effect on the date shown,” all original pages in numerical order\n that have been added to the tariff and the pages which have been revised, including the revision\n number. For example:\n\n Page Number of revision except as indicated\n Title 1st\n 1 *8th\n 3 5th\n 5A *Orig.\n 10 *8th\n 151 Orig.\n\n\n *New or Revised page.\n\n (ii) On each page, the carrier shall indicate the transmittal number under which that page was\n submitted.\n\n (4) Changes in, and additions to tariffs must be made by reprinting the page upon which a change or\n addition is made. Such changed page is to be designated as a revised page, cancelling the page\n which it amends. For example, “First revised page 1 cancels original page 1,” or “Second revised\n page 2 cancels first revised page 2,” etc. When a revised page omits rates or regulations previously\n\n47 CFR 61.54(c)(4) (enhanced display) page 47 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.54(c)(5)\nTariffs\n\n\n published on the page which it cancels, but such rates or regulations are published on another page,\n the revised page must make specific reference to the page on which the rates or regulations will be\n found. This reference must be accomplished by inserting a sentence at the bottom of the revised\n page that states “Certain rates (or regulations) previously found on this page can now be found on\n page ___.” In addition, the page on which the omitted material now appears must bear the\n appropriate symbol opposite such material, and make specific reference to the page from which the\n rates or regulations were transferred. This reference must be accomplished by inserting a sentence\n at the bottom of the other page that states “Certain rates (or regulations) on this page formerly\n appeared on page ____.”\n\n (5) Rejected pages must be treated as indicated in § 61.69.\n\n (d) Table of contents. The table of contents must contain a full and complete statement showing the exact\n location and specifying the page or section and page numbers, where information by subjects under\n general headings will be found. If a tariff contains so small a volume of matter that its title page or its\n interior arrangement plainly discloses its contents, the table of contents may be omitted.\n\n (e) Tariff User's guide. At its option, a carrier may include a section explaining how to use the tariff.\n\n (f) List of concurring carriers. This list must contain the exact name or names of carriers concurring in the\n tariff, alphabetically arranged, and the name of the city or town in which the principal office of every such\n carrier is located. If there are no concurring carriers, then the statement “no concurring carriers” must be\n made at the place where the names of the concurring carriers would otherwise appear. If the concurring\n carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the\n Commission by the issuing carrier. Specific reference to such separate tariff by FCC number must be\n made in the tariff at the place where such names would otherwise appear.\n\n (g) List of connecting carriers. This list must contain the exact name or names of connecting carriers,\n alphabetically arranged, for which rates or regulations are published in the tariff, and the name of the city\n or town in which the principal office of every such carrier is located. If there are no connecting carriers,\n then the statement “no connecting carriers” must be made at the place where their names would\n otherwise appear. If connecting carriers are numerous, their names may be stated in alphabetical order in\n a separate tariff filed with the Commission by the issuing carrier. Specific reference to such separate tariff\n by FCC number must be made in the tariff at the place where such names would otherwise appear.\n\n (h) List of other participating carriers. This list must contain the exact name of every other carrier subject to\n the Act engaging or participating in the communication service to which the tariff or supplement applies,\n together with the name of the city or town in which the principal office of such carrier is located. If there is\n no such other carrier, then the statement “no participating carriers” must be made at the place where the\n names of such other carriers would otherwise appear. If such other carriers are numerous, their names\n may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier.\n Specific reference must be made in the tariff at the place where such names would otherwise appear. The\n names of concurring and connecting carriers properly listed in a tariff published by any other participating\n carrier need not be repeated in this list.\n\n (i)\n\n (1) Symbols, reference marks, abbreviations. The tariff must contain an explanation of symbols,\n reference marks, and abbreviations of technical terms used. The following symbols used in tariffs\n are reserved for the purposes indicated below:\n\n R to signify reduction.\n\n47 CFR 61.54(i)(1) (enhanced display) page 48 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.54(i)(2)\nTariffs\n\n\n I to signify increase.\n\n C to signify changed regulation.\n\n T to signify a change in text but no change in rate or regulation.\n\n S to signify reissued matter.\n\n M to signify matter relocated without change.\n\n N to signify new rate or regulation.\n\n D to signify discontinued rate or regulation.\n\n Z to signify a correction.\n\n (2) The uniform symbols must be used as follows.\n\n (i) When a change of the same character is made in all or in substantially all matter in a tariff, it\n may be indicated at the top of the title page of the tariff or at the top of each affected page, in\n the following manner: “All rates in this tariff are increases,” or, “All rates on this page are\n reductions, except as otherwise indicated.”\n\n (ii) When a change of the same character is made in all or substantially all matters on a page or\n supplement, it may be indiated at the top of the page or supplement in the following manner: All\n rates on this page (or supplement) are increases,” or, “All rates on this page (or supplement) are\n reductions except as otherwise indicated.”\n\n (3) Items which have not been in effect 30 days when brought forward on revised pages must be shown\n as reissued, in the manner prescribed in § 61.54(i)(1). The number and original effective date of the\n tariff publication in which the matter was originally published must be associated with the reissued\n matter. Items which have been in effect 30 days or more and are brought forward without change on\n revised pages must not be shown as reissued items.\n\n (j) Rates and general rules, regulations, exceptions and conditions. The general rules (including definitions),\n regulations, exceptions, and conditions which govern the tariff must be stated clearly and definitely. All\n general rules, regulations, exceptions or conditions which in any way affect the rates named in the tariff\n must be specified. A special rule, regulation, exception or condition affecting a particular item or rate\n must be specifically referred to in connection with such item or rate. Rates must be expressed in United\n States currency, per chargeable unit of service for all communication services, together with a list of all\n points of service to and from which the rates apply. They must be arranged in a simple and systematic\n manner. Complicated or ambiguous terminology may not be used, and no rate, rule, regulation, exception\n or condition shall be included which in any way attempts to substitute a rate, rule, regulation, exception or\n condition named in any other tariff.\n\n (k) References to other tariffs. Notwithstanding any other provisions in this section, tariff publications filed by\n a carrier may reference other tariff publications filed by that carrier or its affiliates.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 64 FR 46591, Aug. 26, 1999; 84 FR 65016, Nov. 26, 2019]\n\n\n47 CFR 61.54(k) (enhanced display) page 49 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.55\nTariffs\n\n\n§ 61.55 Contract-based tariffs.\n (a) This section shall apply to price cap local exchange carriers permitted to offer contract-based tariffs\n under § 1.776 or § 69.805 of this chapter, as well as to the offering of business data services by rate-of-\n return carriers pursuant to § 61.50.\n\n (b) Composition of contract-based tariffs shall comply with §§ 61.54(b) through (i).\n\n (c) Contract-based tariffs shall include the following:\n\n (1) The term of contract, including any renewal options;\n\n (2) A brief description of each of the services provided under the contract;\n\n (3) Minimum volume commitments for each service;\n\n (4) The contract price for each service or services at the volume levels committed to by the customers;\n\n (5) A general description of any volume discounts built into the contract rate structure; and\n\n (6) A general description of other classifications, practices, and regulations affecting the contract rate.\n\n[64 FR 51266, Sept. 22, 1999, as amended at 76 FR 43216, July 20, 2011; 82 FR 25711, June 2, 2017; 83 FR 67123, Dec. 28, 2018]\n\n\n§ 61.58 Notice requirements.\n (a) Every proposed tariff filing must bear an effective date and, except as otherwise provided by regulation,\n special permission, or Commission order, must be made on at least the number of days notice specified\n in this section.\n\n (1) Notice is accomplished by filing the proposed tariff changes with the Commission. Any period of\n notice specified in this section begins on and includes the date the tariff is received by the\n Commission, but does not include the effective date. If a tariff filing proposes changes governed by\n more than one of the notice periods listed below, the longest notice period will apply. In computing\n the notice period required, all days including Sundays and holidays must be counted.\n\n (2)\n\n (i) Local exchange carriers may file tariffs pursuant to the streamlined tariff filing provisions of\n section 204(a)(3) of the Communications Act. Such a tariff may be filed on 7 days' notice if it\n proposes only rate decreases. Any other tariff filed pursuant to section 204(a)(3) of the\n Communications Act, including those that propose a rate increase or any change in terms and\n conditions, shall be filed on 15 days' notice. Any tariff filing made pursuant to section 204(a)(3)\n of the Communications Act must comply with the applicable cost support requirements\n specified in this part.\n\n (ii) Local exchange carriers may elect not to file tariffs pursuant to section 204(a)(3) of the\n Communications Act. For dominant carriers, any such tariffs shall be filed on at least 16 days'\n notice. For nondominant carriers, any such tariffs shall be filed on at least one days' notice.\n\n (iii) Except for tariffs filed pursuant to section 204(a)(3) of the Communications Act, the Chief,\n Wireline Competition Bureau, may require the deferral of the effective date of any filing made on\n less than 120 days' notice, so as to provide for a maximum of 120 days' notice, or of such other\n maximum period of notice permitted by section 203(b) of the Communications Act, regardless\n of whether petitions under § 1.773 of this chapter have been filed.\n47 CFR 61.58(a)(2)(iii) (enhanced display) page 50 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.58(a)(3)\nTariffs\n\n\n (3) Tariff filings proposing corrections or voluntarily deferring the effective date of a pending tariff\n revision must be made on at least 3 days' notice, and may be filed notwithstanding the provisions of\n § 61.59. Corrections to tariff materials not yet effective cannot take effect before the effective date\n of the original material. Deferrals must take effect on or before the current effective date of the\n pending tariff revisions being deferred.\n\n (4) This subsection applies only to dominant carriers. If the tariff publication would increase any rate or\n charge, or would effectuate and authorized discountinuance, reduction or other impairment of\n service to any customer, the offering carrier must inform the affected customers of the content of\n the tariff publication. Such notification should be made in a form appropriate to the circumstance,\n and may include written notification, personal contact, or advertising in newspapers of general\n circulation.\n\n (b) Tariffs for new services filed by price cap local exchange carriers shall be filed on at least one day's\n notice.\n\n (c) Contract-based tariffs filed by price cap local exchange carriers pursuant to § 69.727(a) of this chapter\n shall be filed on at least one day's notice.\n\n (d)\n\n (1) A price cap local exchange carrier that is filing a tariff revision to remove its corridor or interstate\n intraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall submit such\n filing on at least fifteen days' notice.\n\n (2) A price cap local exchange carrier that has removed its corridor and interstate intraLATA toll services\n from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall file subsequent tariff filings for\n corridor or interstate intraLATA toll services on at least one day's notice.\n\n (e) Non-price cap local exchange carriers and/or services.\n\n (1) Tariff filings in the instances specified in paragraphs (e)(1) (i), (ii), and (iii) of this section by\n dominant carriers must be made on at least 15 days' notice.\n\n (i) Tariffs filed in the first instance by new carriers.\n\n (ii) Tariffs filings involving new rates and regulations not previously filed at, from, to or via points on\n new lines; at, from to or via new radio facilities; or for new points of radio communication.\n\n (iii) Tariff filings involving a change in the name of a carrier, a change in Vertical or Horizontal\n coordinates (or other means used to determine airline mileages), a change in the lists of\n mileages, a change in the lists of connecting, concurring or other participating carriers, text\n changes, or the imposition of termination charges calculated from effective tariff provisions.\n The imposition of termination charges does not include the initial filing of termination liability\n provisions.\n\n (2) Tariff filings involving a change in rate structure, a new offering, or a rate increase must be made on\n at least 45 days' notice.\n\n (3) Alascom, Inc. shall file its annual tariff revisions for its Common Carrier Services (Alascom Tariff\n F.C.C No. 11) on at least 35 days' notice.\n\n (4) All tariff filings not specifically assigned a different period of public notice in this part must be made\n on at least 35 days' notice.\n\n47 CFR 61.58(e)(4) (enhanced display) page 51 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.58(f)\nTariffs\n\n\n (f) All tariff filings of domestic and international non-dominant carriers must be made on at least one days'\n notice.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 54 FR 19844, May 8, 1989; 55 FR 42384, Oct. 19, 1990; 56 FR 1500, Jan. 15, 1991; 56\nFR 5956, Feb. 14, 1991; 56 FR 55239, Oct. 25, 1991; 58 FR 36149, July 6, 1993; 59 FR 10304, Mar. 4, 1994; 62 FR 5778, Feb. 7,\n1997; 64 FR 46591, Aug. 26, 1999; 64 FR 51266, Sept. 22, 1999; 67 FR 13228, Mar. 21, 2002; 76 FR 43216, July 20, 2011]\n\n\n§ 61.59 Effective period required before changes.\n (a) Except as provided in § 61.58(a)(3) or except as otherwise authorized by the Commission, new rates or\n regulations must be effective for at least 30 days before a dominant carrier will be permitted to make any\n change.\n\n (b) Changes to rates and regulations for dominant carriers that have not yet become effective, i.e., are\n pending, may not be made unless the effective date of the proposed changes is at least 30 days after the\n scheduled effective date of the pending revisions.\n\n (c) Changes to rates and regulations for dominant carriers that have taken effect but have not been in effect\n for at least 30 days may not be made unless the scheduled effective date of the proposed changes is at\n least 30 days after the effective date of the existing regulations.\n\n[64 FR 46592, Aug. 26, 1999, as amended at 76 FR 43216, July 20, 2011]\n\n\nSubpart G—Specific Rules for Tariff Publications of Dominant and Nondominant Carriers\n\nSource: 49 FR 40869, Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215, July 20, 2011.\n\n\n\n§ 61.66 Scope.\nThe rules in this subpart apply to all issuing carriers, unless otherwise noted.\n\n[76 FR 43216, July 20, 2011]\n\n\n§ 61.68 Special notations.\n (a) Any tariff filing made pursuant to an Application for Special Permission, Commission decision or order\n must contain the following statement:\n\n Issued under authority of (specific reference to the special permission, Commission decision, or order) of the\n Commission.\n\n (b) When a portion of any tariff publication is issued in order to comply with the Commission order, the\n following notation must be associated with that portion of the tariff publication:\n\n In compliance with the order of the Federal Communications Commission in _ (a specific citation to the\n applicable order should be made).\n\n[49 FR 40869, Oct. 18, 1984, as amended at 76 FR 43216, July 20, 2011]\n\n\n\n\n47 CFR 61.68(b) (enhanced display) page 52 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.69\nTariffs\n\n\n§ 61.69 Rejection.\nWhen a tariff publication is rejected by the Commission, its number may not be used again. This includes, but is not\nlimited to, such publications as tariff numbers or specific page revision numbers. The rejected tariff publication may\nnot be referred to as either cancelled or revised. Within five business days of the release date of the Commission's\nOrder rejecting such tariff publication, the issuing carrier shall file tariff revisions removing the rejected material,\nunless the Commission's Order establishes a different date for this filing. The publication that is subsequently\nissued in lieu of the rejected tariff publication must bear the notation:\n\n In lieu of __, rejected by the Federal Communications Commission.\n\n[64 FR 46592, Aug. 26, 1999]\n\n\n§ 61.72 Public information requirements.\n (a) Issuing carriers must make available accurate and timely information pertaining to rates and regulations\n subject to tariff filing requirements.\n\n (b) Issuing carriers must, at a minimum, provide a telephone number for public inquiries about information\n contained in its tariffs. This telephone number should be made readily available to all interested parties.\n\n (c) Any issuing carrier that is an incumbent local exchange carrier, and chooses to establish an Internet web\n site, must make its tariffs available on that web site, in addition to the Commission's web site.\n\n[64 FR 46592, Aug. 26, 1999]\n\n\n§ 61.73 Duplication of rates or regulations.\nA carrier concurring in schedules of another carrier must not publish conflicting or duplicative rates or regulations.\n\n§ 61.74 References to other instruments.\n (a) Except as otherwise provided in this and other sections of this part, no tariff publication filed with the\n Commission may make reference to any other tariff publication or to any other document or instrument.\n\n (b) Tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its\n affiliates.\n\n (c) Tariffs for end-on-end through services may reference the tariffs of other carriers participating in the\n offering.\n\n (d) Tariffs may reference concurrences for the purpose of starting where rates or regulations applicable to a\n service not governed by the tariff may be found.\n\n (e) Tariffs may reference other FCC tariffs that are in effect and on file with the Commission for purposes of\n determining mileage, or specifying the operating centers at which a specific service is available.\n\n (f) Tariffs may reference technical publications which describe the engineering, specifications, or other\n technical aspects of a service offering, provided the following conditions are satisfied:\n\n (1) The tariff must contain a general description of the service offering, including basic parameters and\n structural elements of the offering;\n\n\n47 CFR 61.74(f)(1) (enhanced display) page 53 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.74(f)(2)\nTariffs\n\n\n (2) The technical publication includes no rates, regulatory terms, or conditions which are required to be\n contained in the tariff, and any revisions to the technical publication do not affect rates, regulatory\n terms, or conditions included in the tariff, and do not change the basic nature of the offering;\n\n (3) The tariff indicates where the technical publication can be obtained;\n\n (4) The referenced technical publication is publicly available before the tariff is scheduled to take effect;\n and\n\n (5) The issuing carrier regularly revises its tariff to refer to the current edition of the referenced technical\n publication.\n\n[49 FR 40869, Oct. 18, 1984, as amended at 61 FR 59366, Nov. 22, 1996; 64 FR 46592, Aug. 26, 1999; 66 FR 16881, Mar. 28, 2001;\n84 FR 65016, Nov. 26, 2019]\n\n\n§ 61.83 Consecutive numbering.\nIssuing carriers should file tariff publications under consecutive FCC numbers. If this cannot be done, a\nmemorandum containing an explanation of the missing number or numbers must be submitted. Supplements to a\ntariff must be numbered consecutively in a separate series.\n\n[76 FR 43216, July 20, 2011]\n\n\n§ 61.86 Supplements.\nAn issuing carrier may not file a supplement except to suspend or cancel a tariff publication, or to defer the effective\ndate of pending tariff revisions. A carrier may file a supplement for the voluntary deferral of a tariff publication.\n\n[76 FR 43216, July 20, 2011]\n\n\n§ 61.87 Cancellation of tariffs.\n (a) An issuing carrier may cancel an entire tariff. Cancellation of a tariff automatically cancels every page and\n supplement to that tariff except for the canceling Title Page or first page.\n\n (1) If the existing service(s) will be provided under another carrier's tariff, then\n\n (i) The issuing carrier whose tariff is being canceled must revise the Title Page or the first page of\n its tariff indicating that the tariff is no longer effective, or\n\n (ii) The issuing carrier under whose tariff the service(s) will be provided must revise the Title Page\n or first page of the tariff to be canceled, using the name and numbering shown in the heading\n of the tariff to be canceled, indicating that the tariff is no longer effective. This carrier must also\n file with the Commission the new tariff provisions reflecting the service(s) being canceled. Both\n filings must be effective on the same date and may be filed under the same transmittal.\n\n (2) If a carrier canceling its tariff intends to cease to provide existing service, then it must revise the Title\n Page or first page of its tariff indicating that the tariff is no longer effective.\n\n (3) A carrier canceling its tariff, as described in this section, must comply with §§ 61.54(b)(1) and\n 61.54(b)(5), as applicable.\n\n\n\n47 CFR 61.87(a)(3) (enhanced display) page 54 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.87(b)\nTariffs\n\n\n (b) When a carrier cancels a tariff as described in this section, the canceling Title Page or the first page of the\n canceled tariff must show where all rates and regulations will be found except for paragraph (c) of this\n section. The Title Page or first page of the new tariff must indicate the name of the carrier and tariff\n number where the canceled material had been found.\n\n (c) When a carrier ceases to provide service(s) without a successor, it must cancel its tariff pursuant to the\n notice requirements of § 61.58, as applicable, unless otherwise authorized by the Commission.\n\n[64 FR 46591, Aug. 26, 1999, as amended at 76 FR 43216, July 20, 2011]\n\n\nSubpart H—Concurrences\n\nSource: 49 FR 40869, Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215, July 20, 2011.\n\n\n\n§ 61.131 Scope.\nSections 61.132 through 61.136 apply to a carrier which must file concurrences reflecting rates and regulations for\nthrough service provided in conjunction with other carriers and to a carrier which has chosen, as an alternative to\npublishing its own tariff, to arrange concurrence in an effective tariff of another carrier. Limited or partial\nconcurrences will not be permitted.\n\n§ 61.132 Method of filing concurrences.\nA carrier proposing to concur in another carrier's effective tariff must deliver one copy of the concurrence to the\nissuing carrier in whose favor the concurrence is issued. The concurrence must be signed by an officer or agent of\nthe carrier executing the concurrence, and must be numbered consecutively in a separate series from its FCC tariff\nnumbers. At the same time the issuing carrier revises its tariff to reflect such a concurrence, it must file one copy of\nthe concurrence electronically with the Commission in accordance with the requirements set forth in § 61.13\nthrough § 61.17. The concurrence must bear the same effective date as the date of the tariff filing reflecting the\nconcurrence. Carriers shall file revisions reflecting concurrences in their tariffs on the notice period specified in §\n61.58.\n\n[76 FR 43216, July 20, 2011]\n\n\n§ 61.133 Format of concurrences.\n (a) Concurrences must be issued in the following format:\n\n\n Concurrence\n F.C.C. Concurrence No. ____\n\n (Cancels F.C.C. Concurrence No. __\n\n (Name of Carrier ______)\n\n (Post Office Address ______)\n\n\n47 CFR 61.133(a) (enhanced display) page 55 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.133(b)\nTariffs\n\n\n (Date) ___________ 19__.\n\n Secretary,\n\n Federal Communications Commission, Washington, D.C. 20554.\n\n This is to report that (name of concurring carrier) assents to and concurs in the tariffs described below. (Name\n of concurring carrier) thus makes itself a party to these tariffs and obligates itself (and its connecting carriers)\n to observe every provision in them, until a notice of revocation is filed with the Commission and delivered to the\n issuing carrier.\n\n This concurrence applies to interstate (and foreign) communication:\n\n 1. Between the different points on the concurring carrier's own system;\n\n 2. Between all points on the concurring carrier's system and the systems of its connecting carriers; and\n\n 3. Between all points on the system of the concurring carrier and the systems of its connecting carriers on the\n one hand, and, on the other hand, all points on the system of the carrier issuing the tariff or tariffs listed below\n and the systems of its connecting carriers and other carriers with which through routes have been established.\n\n\n (Note: Any of the above numbered paragraphs may be omitted or the wording modified to\n state the points to which the concurrence applies.)\n\n\n Tariff\n (Here describe the tariff or tariffs concurred in by the carrier, specifying FCC number, title, date of issuance, and\n date effective. Example: A.B.C. Communications Company, Tariff FCC No. 1, Interstate Telegraph Message\n Service, Issued January 1, 1983, Effective April 1, 1983).\n\n Cancels FCC Concurrence No.___, effective ____________, 19__.\n\n (Name of concurring carrier)\n\n By\n\n (Title)\n\n (b) No material is to be included in a concurrence other than that indicated in the above-prescribed form,\n unless specially authorized by the Commission. A concurrence in any tariff so described will be deemed\n to include all amendments and successive issues which the issuing carrier may make and file. All such\n amendments and successive issues will be binding between customers and carriers. Between carriers\n themselves, however, the filing by the issuing carrier of an amendment or successive issue with the\n\n\n\n\n47 CFR 61.133(b) (enhanced display) page 56 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.134\nTariffs\n\n\n Commission must not imply or be construed to imply an agreement to the filing by concurring carriers.\n Such filings do not affect the contractual rights or remedies of any concurring carrier(s) which have not,\n by contract or otherwise, specifically consented in advance to such amendment or successive issue.\n\n§ 61.134 Concurrences for through services.\nAn issuing carrier filing rates or regulations for through services between points on its own system and points on\nanother carrier's system (or systems), or between points on another carrier's system (or systems), must list all\nconcurring, connecting or other participating carriers as provided in § 61.54 (f), (g) and (h). A concurring carrier\nmust tender a properly executed instrument of concurrence to the issuing carrier. If rates and regulations of the\nother carriers engaging in the through service(s) are not specified in the issuing carrier's tariff, that tariff must state\nwhere the other carrier's rates and regulations can be found. Such reference(s) must contain the FCC number(s) of\nthe referenced tariff publication(s), the exact name(s) of the carrier(s) issuing such tariff publication(s), and must\nclearly state how the rates and regulations in the separate publications apply.\n\n[76 FR 43216, July 20, 2011]\n\n\n§ 61.135 Concurrences for other purposes.\nWhen an issuing carrier permits another carrier to concur in its tariff, the issuing carrier's tariff must state the\nconcurring carrier's rates and points of service.\n\n§ 61.136 Revocation of concurrences.\nA concurrence may be revoked by a revocation notice or cancelled by a new concurrence. A revocation notice or a\nnew concurrence, if less broad in scope than the concurrence it cancels, must bear an effective date not less than\n45 days after its receipt by the Commission. A revocation notice is not given a serial number, but must specify the\nnumber of the concurrence to be revoked and the name of the carrier in whose favor the concurrence was issued. It\nmust be in the following format:\n\n\nRevocation Notice\n (Name of carrier ____________)\n\n (Post office address ______________)\n\n (Date) ___________, 19__.\n\n Secretary,\n\n Federal Communications Commission, Washington, D.C. 20554.\n\n Effective _____________, 19__ FCC Concurrence No. __, issued by (Name of concurring carrier) in favor of (Name\n of issuing carrier) is hereby cancelled and revoked. Rates and regulations of (Name of concurring carrier) and\n its connecting carriers will thereafter be found in Tariff FCC No. __ issued by _________ (If the concurring carrier\n has ceased operations, the revocation notice must so indicate.)\n\n (Name of carrier)\n\n\n47 CFR 61.136 (enhanced display) page 57 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.171\nTariffs\n\n\n By\n\n (Title)\n\nSubpart I—Adoption of Tariffs and Other Documents of Predecessor Carriers\n§ 61.171 Adoption notice.\nWhen a carrier's name is changed, or its operating control transferred from one carrier to another in whole or in part,\nthe successor carrier must file tariff revisions to reflect the name change. The successor carrier may either\nimmediately reissue the entire tariff in its own name, or immediately file an adoption notice. Within 35 days of filing\nan adoption notice, the successor must reissue the entire tariff in its own name. The reissued tariff must be\nnumbered in the series of the successor carrier, and must contain all original pages without changes in regulations\nor rates. The transmittal letter must state the tariff is being filed to show a change in the carrier's name pursuant to\n§ 61.171 of the Commission's Rules. The adoption notice, if used, must read as follows:\n\n The (Exact name of successor carrier or receiver) here adopts, ratifies and makes its own in every respect, all\n applicable tariffs and amendments filed with the Federal Communications Commission by (predecessor) prior\n to (date).\n\n§ 61.172 Changes to be incorporated in tariffs of successor carrier.\nWhen only a portion of properties is transferred to a successor carrier, that carrier must incorporate in its tariff the\nrates applying locally between points on the transferred portion. Moreover, the predecessor carrier must\nsimultaneously cancel the corresponding rates from its tariffs, and reference the FCC number of the successor\ncarrier's tariff containing the rates that will thereafter apply.\n\nSubpart J—Suspensions\n§ 61.191 Carrier to file supplement when notified of suspension.\nIf an issuing carrier is notified by the Commission that its tariff publication has been suspended, the carrier must\nfile, within five business days from the release date of the suspension order, a consecutively numbered supplement\nwithout an effective date, which specifies the schedules which have been suspended.\n\n[76 FR 43217, July 20, 2011]\n\n\n§ 61.192 Contents of supplement announcing suspension.\n (a) A supplement announcing a suspension by the Commission must specify the term of suspension\n imposed by the Commission.\n\n (b) A supplement announcing a suspension of either an entire tariff or a part of a tariff publication, must\n specify the applicable tariff publication effective during the period of suspension.\n\n§ 61.193 Vacation of suspension order; supplements announcing same; etc.\nIf the Commission vacates a suspension order, the affected carrier must issue a supplement or revised page stating\nthe Commission's action as well as the lawful schedules.\n\n\n\n47 CFR 61.193 (enhanced display) page 58 of 59\n\f47 CFR Part 61 (up to date as of 2/20/2024)\n 47 CFR 61.201\nTariffs\n\n\nSubpart K—Detariffing of Business Data Services\n\nSource: 82 FR 25711, June 2, 2017, unless otherwise noted.\n\n\n\n§ 61.201 Detariffing of price cap local exchange carriers.\n (a) Price cap local exchange carriers shall remove from their interstate tariffs:\n\n (1) Any packet-based business data service;\n\n (2) Any circuit-based business data service above the DS3 bandwidth level;\n\n (3) Any transport services as defined in § 69.801(j) of this chapter;\n\n (4) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any\n market deemed competitive as defined in § 69.801; and\n\n (5) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any\n grandfathered market as defined in § 69.801 for which the price cap local exchange carrier was\n granted Phase II pricing flexibility prior to June 2017.\n\n (b) The detariffing must be completed thirty-six months after August 1, 2017, but detariffing can take place at\n any time before the thirty-six months is completed.\n\n[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]\n\n\n§ 61.203 Detariffing of competitive local exchange carriers.\n (a) Competitive local exchange carriers shall remove all business data services from their interstate tariffs.\n\n (b) The detariffing must be completed by August 1, 2020.\n\n[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]\n\n\n\n\n47 CFR 61.203(b) (enhanced display) page 59 of 59\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":28,"cells":{"Content":{"kind":"string","value":"47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR Part 3 (Feb. 20, 2024)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 3 Authorization and Administration of Accounting Authorities in Maritime\n and Maritime Mobile-Satellite Radio Services\n General\n § 3.1 Scope, basis, purpose.\n § 3.2 Terms and definitions.\n Eligibility\n § 3.10 Basic qualifications.\n § 3.11 Location of settlement operation.\n Application Procedures\n § 3.20 Application form.\n § 3.21 Order of consideration.\n § 3.22 Number of accounting authority identification codes per applicant.\n § 3.23 Legal applicant.\n § 3.24 Evidence of financial responsibility.\n § 3.25 Number of copies.\n § 3.26 Where application is to be mailed.\n § 3.27 Amended application.\n § 3.28 Denial of privilege.\n § 3.29 Notifications.\n Settlement Operations\n § 3.40 Operational requirements.\n § 3.41 Amount of time allowed before initial settlements.\n § 3.42 Location of processing facility.\n § 3.43 Applicable rules and regulations.\n § 3.44 Time to achieve settlements.\n § 3.45 Amount of charges.\n § 3.46 Use of gold francs.\n § 3.47 Use of SDRs.\n § 3.48 Cooperation with the Commission.\n § 3.49 Agreement to be audited.\n § 3.50 Retention of settlement records.\n § 3.51 Cessation of operations.\n § 3.52 Complaint/inquiry resolution procedures.\n\n47 CFR Part 3 (Feb. 20, 2024) (enhanced display) page 1 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR Part 3 (Feb. 20, 2024)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n § 3.53 FCC notification of refusal to provide telecommunications service to U.S. registered\n vessel(s).\n § 3.54 Notification of change in address.\n Reporting Requirements\n § 3.60 Reports.\n § 3.61 Reporting address.\n § 3.62 Request for confidentiality.\n Enforcement\n § 3.70 Investigations.\n § 3.71 Warnings.\n § 3.72 Grounds for further enforcement action.\n § 3.73 Waiting period after cancellation.\n § 3.74 Ship stations affected by suspension, cancellation or relinquishment.\n § 3.75 Licensee's failure to make timely payment.\n § 3.76 Licensee's liability for payment.\n\n\nPART 3—AUTHORIZATION AND ADMINISTRATION OF\nACCOUNTING AUTHORITIES IN MARITIME AND MARITIME\nMOBILE-SATELLITE RADIO SERVICES\nAuthority: 47 U.S.C. 154(i), 154(j) and 303(r).\n\nSource: 61 FR 20165, May 6, 1996, unless otherwise noted.\n\n GENERAL\n\n§ 3.1 Scope, basis, purpose.\nBy these rules the Federal Communications Commission (FCC) is delineating its responsibilities in certifying and\nmonitoring accounting authorities in the maritime mobile and maritime mobile-satellite radio services. These\nentities settle accounts for public correspondence due to foreign administrations for messages transmitted at sea\nby or between maritime mobile stations located on board ships subject to U.S. registry and utilizing foreign coast\nand coast earth station facilities. These rules are intended to ensure that settlements of accounts for U.S. licensed\nship radio stations are conducted in accordance with the International Telecommunication Regulations (ITR), taking\ninto account the applicable ITU-T Recommendations.\n\n§ 3.2 Terms and definitions.\n (a) Accounting Authority. The Administration of the country that has issued the license for a mobile station or\n the recognized operating agency or other entity/entities designated by the Administration in accordance\n with ITR, Appendix 2 and ITU-T Recommendation D.90 to whom maritime accounts in respect of mobile\n stations licensed by that country may be sent.\n\n\n47 CFR 3.2(a) (enhanced display) page 2 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.2(b)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n (b) Accounting Authority Certification Officer. The official designated by the Managing Director, Federal\n Communications Commission, who is responsible, based on the coordination and review of information\n related to applicants, for granting certification as an accounting authority in the maritime mobile and\n maritime mobile-satellite radio services. The Accounting Authority Certification Officer may initiate action\n to suspend or cancel an accounting authority certification if it is determined to be in the public's best\n interest.\n\n (c) Accounting Authority Identification Codes (AAICs). The discrete identification code of an accounting\n authority responsible for the settlement of maritime accounts (Annex A to ITU-T Recommendation D.90).\n\n (d) Administration. Any governmental department or service responsible for discharging the obligations\n undertaken in the Convention of the International Telecommunication Union and the Radio Regulations.\n For purposes of these rules, “Administration” refers to a foreign government or the U.S. Government, and\n more specifically, to the Federal Communications Commission.\n\n (e) Authorization. Approval by the Federal Communications Commission to operate as an accounting\n authority. Synonymous with “certification”.\n\n (f) CCITT. The internationally recognized French acronym for the International Telegraph and Telephone\n Consultative Committee, one of the former sub-entities of the International Telecommunication Union\n (ITU). The CCITT (ITU-T)[1] is responsible for developing international telecommunications\n recommendations relating to standardization of international telecommunications services and facilities,\n including matters related to international charging and accounting principles and the settlement of\n international telecommunications accounts.\n\n\n Such recommendations are, effectively, the detailed implementation provisions for topics addressed in\n the International Telecommunication Regulations (ITR).\n\n (g) Certification. Approval by the FCC to operate as an accounting authority. Synonymous with\n “authorization”.\n\n (h) Coast Earth Station. An earth station in the fixed-satellite service or, in some cases, in the maritime\n mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the maritime\n mobile-satellite service.\n\n (i) Coast Station. A land station in the maritime mobile service.\n\n (j) Commission. The Federal Communications Commission. The FCC.\n\n (k) Gold Franc. A monetary unit representing the value of a particular nation's currency to a gold par value.\n One of the monetary units used to effect accounting settlements in the maritime mobile and the maritime\n mobile-satellite services.\n\n\n\n\n [1]\n At the ITU Additional Plenipotentiary Conference in Geneva (December, 1992), the structure, working\n methods and construct of the basic ITU treaty instrument were modified. The result is that the names of the\n sub-entities of the ITU have changed (e.g., the CCITT has become the Telecommunication Standardization\n Sector—ITU-T and Recognized Private Operating Agency has become Recognized Operating Agency-ROA). The\n changes were placed into provisional effect on March 1, 1993 with the formal entry into force of these\n changes being July 1, 1994. We will refer to the new nomenclatures within these rules, wherever practicable.\n\n47 CFR 3.2(k) (enhanced display) page 3 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.2(l)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n (l) International Telecommunication Union (ITU). One of the United Nations family organizations\n headquartered in Geneva, Switzerland along with several other United Nations (UN) family organizations.\n The ITU is the UN agency responsible for all matters related to international telecommunications. The ITU\n has over 180 Member Countries, including the United States, and provides an international forum for\n dealing with all aspects of international telecommunications, including radio, telecom services and\n telecom facilities.\n\n (m) Linking Coefficient. The ITU mandated conversion factor used to convert gold francs to Special Drawing\n Rights (SDRs). Among other things, it is used to perform accounting settlements in the maritime mobile\n and the maritime mobile-satellite services.\n\n (n) Maritime Mobile Service. A mobile service between coast stations and ship stations, or between ship\n stations, or between associated on-board communication stations. Survival craft stations and emergency\n position- indicating radiobeacon stations may also participate in this service.\n\n (o) Maritime Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on\n board ships. Survival craft stations and emergency position-indicating radiobeacon stations may also\n participate in this radio service.\n\n (p) Public Correspondence. Any telecommunication which the offices and stations must, by reason of their\n being at the disposal of the public, accept for transmission. This usually applies to maritime mobile and\n maritime mobile-satellite stations.\n\n (q) Recognized Operating Agencies (ROAs).[2] Individuals, companies or corporations, other than governments\n or agencies, recognized by administrations, which operate telecommunications installations or provide\n telecommunications services intended for international use or which are capable of causing interference\n to international telecommunications. ROAs which settle debtor accounts for public correspondence in the\n maritime mobile and maritime mobile-satellite radio services must be certified as accounting authorities.\n\n\n (r) Ship Station. A mobile station in the maritime mobile service located on board a vessel which is not\n permanently moored, other than a survival craft station.\n\n (s) Special Drawing Right (SDR). A monetary unit of the International Monetary Fund (IMF) currently based on\n a market basket of exchange rates for the United States, West Germany, Great Britain, France and Japan\n but is subject to IMF's definition. One of the monetary units used to effect accounting settlements in the\n maritime mobile and maritime mobile-satellite services.\n\n (t) United States. The continental U.S., Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands\n or any territory or possession of the United States.\n\n\n ELIGIBILITY\n\n§ 3.10 Basic qualifications.\n (a) Applicants must meet the requirements and conditions contained in these rules in order to be certified as\n an accounting authority. No individual or other entity, including accounting authorities approved by other\n administrations, may act as a United States accounting authority and settle accounts of U.S. licensed\n vessels in the maritime mobile or maritime mobile-satellite services without a certification from the\n\n [2] Id.\n\n47 CFR 3.10(a) (enhanced display) page 4 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.10(b)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n Federal Communications Commission. Accounting authorities with interim certification as of the effective\n date of this rule must submit to the application process discussed in § 3.20. They will be “grandfathered”,\n i.e, granted permanent certification provided they demonstrate their eligibility and present a proper\n application.\n\n (b) U.S. citizenship is not required of individuals in order to receive certification from the Commission to be an\n accounting authority. Likewise, joint ventures need not be organized under the laws of the United States in\n order to be eligible to perform settlements for U.S. licensed vessels. See, however, § 3.11.\n\n (c) Prior experience in maritime accounting, general commercial accounting, international shipping or any\n other related endeavor will be taken into consideration by the Commission in certifying accounting\n authorities. The lack of such expertise, however, will not automatically disqualify an individual,\n partnership, corporation or other entity from becoming an accounting authority.\n\n (d) Applicants must provide formal financial statements or documentation proving all assets, liabilities,\n income and expenses.\n\n (e) Applicants must offer their services to any member of the public making a reasonable request therefor,\n without undue discrimination against any customer or class of customer, and fees charged for providing\n such services shall be reasonable and non-discriminatory. This requirement will be waived for applicants\n who settle their own accounts only and are eligible to be “grandfathered” during the initial application\n period. However, should the need for additional accounting authorities be proven, these accounting\n authorities will be required to offer their services to the public or relinquish their certification.\n\n[61 FR 20165, May 6, 1996, as amended at 64 FR 40776, July 28, 1999]\n\n\n§ 3.11 Location of settlement operation.\n (a) Within the United States. A certified accounting authority maintaining all settlement operations, as well as\n associated documentation, within the United States will be assigned an AAIC with a “US” prefix.\n\n (b) Outside the United States. A certified accounting authority maintaining settlement operations outside the\n United States will be assigned the same AAIC as that originally assigned to such entity by the\n administration of the country of origin. However, in no case will an entity be certified as an accounting\n authority for settlement of U.S. licensed vessel accounts unless the entity is requesting to conduct a\n settlement operation in the United States or has already been issued an AAIC by another administration.\n\n APPLICATION PROCEDURES\n\n§ 3.20 Application form.\nWritten application must be made to the Federal Communications Commission on FCC Form 44, “Application For\nCertification As An Accounting Authority” in order to be considered for certification as an accounting authority. No\nother application form may be used. No consideration will be given to applicants not submitting applications in\naccordance with these rules or in accordance with any other instructions the Commission may issue. FCC Form 44\nmay be obtained from the Commission by writing to the address shown in § 3.61.\n\n\n\n\n47 CFR 3.20 (enhanced display) page 5 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.21\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.21 Order of consideration.\n (a) Accounting Authority applications will be processed on a first-come, first-served basis. When applications\n are received on the same day, the application with the earliest mailing date, as evidenced by the postmark,\n will be processed first. Interim accounting authorities seeking permanent certifications through the\n “grandfathering” process will not compete with other applicants during the first 60 days following the\n effective date of these rules which is allowed for submission of their applications. After the\n “grandfathering” process is completed, all other applicants will be processed as in paragraph (a) of this\n section.\n\n (b) At any given time, there will be no more than 25 certified accounting authorities with a minimum of 15\n “US” AAICs reserved for use by accounting authorities conducting settlement operations within the United\n States. The Commission will retain all valid applications received after the maximum number of\n accounting authorities have been approved and will inform such applicants that should an AAIC become\n available for reassignment in the future, the Commission will conditionally certify as an accounting\n authority the oldest of the qualified pending applicants, as determined by the order of receipt. Final\n certification would be conditional upon filing of an amended application (if necessary). The Commission\n will inform the applicant of his/her conditional selection in writing to confirm the applicant's continued\n interest in becoming an accounting authority.\n\n§ 3.22 Number of accounting authority identification codes per applicant.\n (a) No entity will be entitled to or assigned more than one AAIC.\n\n (b) AAICs may not be reassigned, sold, bartered or transferred and do not convey upon sale or absorption of a\n company or firm without the express written approval of the Commission. Only the FCC may certify\n accounting authorities and assign U.S. AAICs for entities settling accounts of U.S. licensed vessels in the\n maritime mobile and maritime mobile-satellite services.\n\n (c) Accounting authorities who are “grandfathered” during the initial application period may retain their\n interim AAIC.\n\n§ 3.23 Legal applicant.\nThe application shall be signed by the individual, partner or primary officer of a corporation who is legally able to\nobligate the entity for which he or she is a representative.\n\n§ 3.24 Evidence of financial responsibility.\nAll applicants must provide evidence of sound financial status. To the extent that the applicant is a business, formal\nfinancial statements will be required. Other applicants may submit documentation proving all assets, liabilities,\nincome and expenses which supports their ability to meet their personal obligations. Applicants must provide any\nadditional information deemed necessary by the Commission.\n\n§ 3.25 Number of copies.\nOne original and one copy of FCC Form 44, “Application For Certification As An Accounting Authority” will be\nrequired. Only applications mailed to the Commission on official, Commission approved application forms will be\nconsidered. Applications should be mailed at least 90 days prior to planned commencement of settlement activities\nto allow time for the Commission to review the application and to allow for the informal public comment period.\n\n\n\n47 CFR 3.25 (enhanced display) page 6 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.26\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.26 Where application is to be mailed.\nAll applications shall be mailed to the Accounting Authority Certification Officer in Washington, D.C. The designated\naddress will be provided on the FCC Form 44, “Application for Certification As An Accounting Authority”.\n\n§ 3.27 Amended application.\nChanges in circumstances that cause information previously supplied to the FCC to be incorrect or incomplete and\nthat could affect the approval process, require the submission of an amended application. The amended application\nshould be mailed to the Commission immediately following such change. See also §§ 3.24 and 3.51.\n\n§ 3.28 Denial of privilege.\n (a) The Commission, in its sole discretion, may refuse to grant an application to become an accounting\n authority for any of the following reasons:\n\n (1) Failure to provide evidence of acceptable financial responsibility;\n\n (2) If the applicant, in the opinion of the FCC reviewing official, does not possess the qualifications\n necessary to the proper functioning of an accounting authority;\n\n (3) Application is not personally signed by the proper official(s);\n\n (4) Applicant does not provide evidence that accounting operations will take place in the United States\n or its territories and the applicant does not already possess an AAIC issued by another\n administration;\n\n (5) Application is incomplete, the applicant fails to provide additional information requested by the\n Commission or the applicant indicates that it cannot meet a particular provision; or\n\n (6) When the Commission determines that the grant of an authorization is contrary to the public interest.\n\n (b) These rules provide sufficient latitude to address defects in applications. Entities seeking review should\n follow procedures set forth in § 1.106 or § 1.115 of this chapter.\n\n§ 3.29 Notifications.\n (a) The Commission will publish the name of an applicant in a Public Notice before granting certification and\n will invite informal public comment on the qualifications of the applicant from any interested parties.\n Comments received will be taken into consideration by the Commission in making its determination as to\n whether to approve an applicant as an accounting authority. Thirty days will be allowed for submission of\n comments.\n\n (b) The Commission will notify each applicant in writing as to whether the applicant has been approved as an\n accounting authority. If the application is not approved, the Commission will provide a brief statement of\n the grounds for denial.\n\n (c) The names and addresses of all newly certified accounting authorities will be published in a Public Notice\n issued by the Commission. Additionally, the Commission will notify the ITU within 30 days of any changes\n to its approved list of accounting authorities.\n\n SETTLEMENT OPERATIONS\n\n\n47 CFR 3.29(c) (enhanced display) page 7 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.40\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.40 Operational requirements.\nAll accounting authorities must conduct their operations in conformance with the provisions contained in this\nsection and with relevant rules and guidance issued from time to time by the Commission.\n\n§ 3.41 Amount of time allowed before initial settlements.\nAn accounting authority must begin settling accounts no later than six months from the date of certification. Failure\nto commence settlement operations is cause for suspension or cancellation of an accounting authority\ncertification.\n\n§ 3.42 Location of processing facility.\nSettlement of maritime mobile and maritime mobile-satellite service accounts must be performed within the United\nStates by all accounting authorities possessing the “US” prefix. Other accounting authorities approved by the\nCommission may settle accounts either in the U.S. or elsewhere. See also §§ 3.11 and 3.21(b).\n\n§ 3.43 Applicable rules and regulations.\nAccounting authority operations must be conducted in accordance with applicable FCC rules and regulations, the\nInternational Telecommunication Regulations (ITR), and other international rules, regulations, agreements, and,\nwhere appropriate, ITU-T Recommendations. In particular, the following must be adhered to or taken into account in\nthe case of ITU-T.\n\n (a) The latest basic treaty instrument(s) of the International Telecommunication Union (ITU);\n\n (b) Binding agreements contained in the Final Acts of World Administrative Radio Conferences and/or World\n International Telecommunication Conferences;\n\n (c) ITU Radio Regulations;\n\n (d) ITU International Telecommunication Regulations (ITR);\n\n (e) ITU-T Recommendations (particularly D.90 and D.195); and\n\n (f) FCC Rules and Regulations (47 CFR part 3).\n\n§ 3.44 Time to achieve settlements.\nAll maritime telecommunications accounts should be timely paid in accordance with applicable ITU Regulations,\nArticle 66 and International Telecommunication Regulations (Melbourne, 1988). Accounting authorities are deemed\nto be responsible for remitting, in a timely manner, all valid amounts due to foreign administrations or their agents.\n\n§ 3.45 Amount of charges.\nAccounting Authorities may charge any reasonable fee for their settlement services. Settlements themselves,\nhowever, must adhere to the standards set forth in these rules and must be in accordance with the International\nTelecommunication Regulations (ITR) taking into account the applicable ITU-T Recommendations and other\nguidance issued by the Commission.\n\n\n\n\n47 CFR 3.45 (enhanced display) page 8 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.46\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.46 Use of gold francs.\nAn accounting authority must accept accounts presented to it from foreign administrations in gold francs. These\ngold francs must be converted on the date of receipt of the bill to the applicable Special Drawing Right (SDR) rate\n(as published by the International Monetary Fund) on that date utilizing the linking coefficient of 3.061 gold francs =\n1 SDR. An equivalent amount in U.S. dollars must be paid to the foreign administration. Upon written concurrence by\nthe FCC, an accounting authority may make separate agreements, in writing, with foreign administrations or their\nagents for alternative settlement methods, in accordance with ITU-T Recommendation D.195.\n\n§ 3.47 Use of SDRs.\nAn accounting authority must accept accounts presented to it from foreign administrations in Special Drawing\nRights (SDRs). These SDRs must be converted to dollars on the date of receipt by the accounting authority and an\nequivalent amount in US dollars must be paid to the foreign administration. The conversion rate will be the\napplicable rate published by the International Monetary Fund (IMF) for the date of receipt of the account from the\nforeign administration. Upon written concurrence by the FCC, any accounting authority may make separate\nagreements, in writing, with foreign administrations or their agents for alternative settlement methods, provided\naccount is taken of ITU-T Recommendation D.195.\n\n§ 3.48 Cooperation with the Commission.\nAccounting authorities must cooperate fully with the FCC in all respects concerning international maritime\nsettlements issues, including the resolution of questions of fact or other issues arising as a result of settlement\noperations.\n\n§ 3.49 Agreement to be audited.\nAccounting authorities accept their certifications on condition that they are subject to audit of their settlement\nactivities by the Commission or its representative. Additionally, the Commission reserves the right to verify any\nstatement(s) made or any materials submitted to the Commission under these rules. Verification may involve\ndiscussions with ship owners or others as well as the requirement to submit additional information to the\nCommission. Failure to respond satisfactorily to any audit findings is grounds for forfeiture or suspension or\ncancellation of authority to act as an accounting authority for U.S. vessels.\n\n§ 3.50 Retention of settlement records.\nAccounting authorities must maintain, for the purpose of compliance with these rules, all settlement records for a\nperiod of at least seven years following settlement of an account with a foreign administration or agent.\n\n§ 3.51 Cessation of operations.\nThe FCC must be notified immediately should an accounting authority plan to relinquish its certification or cease to\nperform settlements as authorized. Additionally, the Commission must be advised in advance of any proposed\ntransfer of control of an accounting authority's firm or organization, by any means, to another entity.\n\n (a) When an accounting authority is transferred, merged or sold, the new entity must apply for certification in\n its own right if it is interested in becoming an accounting authority. Provided the new applicant is eligible\n and completes the application process satisfactorily, the AAIC will be transferred to the new applicant. In\n the case of a merger of two accounting authorities, the merged entity must decide which AAIC to retain.\n\n47 CFR 3.51(a) (enhanced display) page 9 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.51(b)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n (b) Section 3.21(a) will be waived for these applicants.\n\n (c) The applicant must comply with application process including public comment.\n\n (d) The applicant must certify acceptance of all accounts and must furnish a list of the accounts to the\n Commission at the time of application.\n\n§ 3.52 Complaint/inquiry resolution procedures.\n (a) Accounting authorities must maintain procedures for resolving complaints and/or inquiries from its\n contractual customers (vessels for which it performs settlements), the FCC, the ITU, and foreign\n administrations or their agents. These procedures must be available to the Commission upon request.\n\n (b) If a foreign administration requests assistance in collection of accounts from ships licensed by the FCC,\n the appropriate accounting authority will provide all information requested by the Commission in a timely\n manner to enable the Commission to determine the cause of the complaint and to resolve the issue. If\n accounts are in dispute, the Commission will determine the amount due the foreign administration,\n accounting authority or ROA, and may direct the accounting authority to pay the accounts to the foreign\n administration. If the accounting authority does not pay the disputed accounts within a reasonable\n timeframe, the Commission may take action to levy a forfeiture, cancel the AAIC privilege and/or to revoke\n any operating authority or licenses held by that accounting authority. (See also § 3.72).\n\n§ 3.53 FCC notification of refusal to provide telecommunications service to U.S. registered\nvessel(s).\nAn accounting authority must inform the FCC immediately should it receive notice from any source that a foreign\nadministration or facility is refusing or plans to refuse legitimate public correspondence to or from any U.S.\nregistered vessel.\n\n§ 3.54 Notification of change in address.\nThe Commission must be notified in writing within 15 days of any change in address of an accounting authority.\nSuch written notification should be sent to the address shown in § 3.61.\n\n REPORTING REQUIREMENTS\n\n§ 3.60 Reports.\n (a) Initial Inventory of Vessels. Within 60 days after receiving final approval from the FCC to be an accounting\n authority, each certified accounting authority must provide to the FCC an initial list of vessels for which it\n is performing settlements. This list should contain only U.S. registered vessels. Such list shall be\n typewritten or computer generated, be annotated to indicate it is the initial inventory and be in the general\n format of the following and provide the information shown:\n\n Vessel Name Call Sign\n\n\n (b) Semi-Annual Additions/Modifications/Deletions to Vessel Inventory. Beginning with the period ending on\n the last day of March or September following submission of an accounting authority's Initial Inventory of\n Vessels (See paragraph (a) of this section.) and each semi-annual period thereafter, each accounting\n authority is required to submit to the FCC a report on additions, modifications or deletions to its list of\n\n47 CFR 3.60(b) (enhanced display) page 10 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.60(c)\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n vessels for which it is performing or intending to perform settlements, whether or not settlements actually\n have taken place. The list should contain only U.S. registered vessels. The report shall be typewritten or\n computer generated and be in the following general format:\n\n\n Additions to Current Vessel Inventory\n\n Vessel Name Call Sign Effective Date\n\n\n Modifications to Current Vessel Inventory\n\n Previous Vessel Name Previous Call Sign New Vessel Name New Call Sign Effective Date\n\n\n Deletions to Current Vessel Inventory\n\n Vessel Name Call Sign Effective Date\n\n\n The preceding report must be received by the Commission no later than 15 days following the end of the period\n (March or September) for which the report pertains. Modifications refer to changes to call sign or ship name of\n vessels for which the accounting authority settles accounts and for which fbasic information has previously\n been provided to the Commission. Reports are to be submitted even if there have been no additions,\n modifications or deletions to vessel inventories since the previous report. If there are no changes to an\n inventory, this should be indicated on the report.\n\n (c) End of Year Inventory. By February 1st of each year, each accounting authority must submit an end-of-year\n inventory report listing vessels for which the accounting authority performed settlements as of the\n previous December 31st. The list should contain only U.S. registered vessels. The report must be\n typewritten or computer generated and prepared in the same general format as that shown in paragraph\n (a) of this section except it should be annotated to indicate it is the End of Year inventory.\n\n (d) Annual Statistical Report of Settlement Operations. By February 1st of each year, each accounting\n authority settling accounts for U.S. registered vessels must submit to the FCC an Annual Statistical\n Report, FCC Form 45, which details the number and dollar amount of settlements, by foreign\n administration, during the preceding twelve months. Information contained in this report provides\n statistical data that will enable the Commission to monitor operations to ensure adherence to these rules\n and to appropriate international settlement procedures. FCC Form 45 can be obtained by writing to the\n address in 3.61 of these rules.\n\n§ 3.61 Reporting address.\nAll reports must be received at the following address no later than the required reporting date: Accounting Authority\nCertification Officer, Financial Operations Center, Federal Communications Commission, at the address indicated in\n47 CFR 0.401(a).\n\n[85 FR 64406, Oct. 13, 2020]\n\n\n\n\n47 CFR 3.61 (enhanced display) page 11 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.62\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.62 Request for confidentiality.\nApplicants should comply with § 0.459 of this chapter when requesting confidentiality and cannot assume that it\nwill be offered automatically.\n\n ENFORCEMENT\n\n§ 3.70 Investigations.\nThe Commission may investigate any complaints made against accounting authorities to ensure compliance with\nthe Commission's rules and with applicable ITU Regulations and other international maritime accounting\nprocedures.\n\n§ 3.71 Warnings.\nThe Commission may issue written warnings or forfeitures to accounting authorities which are found not to be\noperating in accordance with established rules and regulations. Warnings will generally be issued for violations\nwhich do not seriously or immediately affect settlement functions or international relations. Continued or\nunresolved violations may lead to further enforcement action by the Commission, including any or all legally\navailable sanctions, including but not limited to, forfeitures (Communications Act of 1934, Sec. 503), suspension or\ncancellation of the accounting authority certification.\n\n§ 3.72 Grounds for further enforcement action.\n (a) The Commission may take further enforcement action, including forfeiture, suspension or cancellation of\n an accounting authority certification, if it is determined that the public interest so requires. Reasons for\n which such action may be taken include, inter alia:\n\n (1) Failure to initiate settlements within six months of certification or failure to perform settlements\n during any subsequent six month period;\n\n (2) Illegal activity or fraud;\n\n (3) Non-payment or late payment to a foreign administration or agent;\n\n (4) Failure to follow ITR requirements and procedures;\n\n (5) Failure to take into account ITU-T Recommendations;\n\n (6) Failure to follow FCC rules and regulations;\n\n (7) Bankruptcy; or\n\n (8) Providing false or incomplete information to the Commission or failure to comply with or respond to\n requests for information.\n\n (b) Prior to taking any of the enforcement actions in paragraph (a) of this section, the Commission will give\n notice of its intent to take the specified action and the grounds therefor, and afford a 30-day period for a\n response in writing; provided that, where the public interest so requires, the Commission may temporarily\n suspend a certification pending completion of these procedures. Responses must be forwarded to the\n Accounting Authority Certification Officer. See § 3.61.\n\n\n\n47 CFR 3.72(b) (enhanced display) page 12 of 13\n\f47 CFR Part 3 (up to date as of 2/20/2024)\n 47 CFR 3.73\nAuthorization and Administration of Accounting Authorities in Maritime...\n\n\n§ 3.73 Waiting period after cancellation.\nAn accounting authority whose certification has been cancelled must wait a minimum of three years before\nreapplying to be an accounting authority.\n\n§ 3.74 Ship stations affected by suspension, cancellation or relinquishment.\n (a) Whenever the accounting authority privilege has been suspended, cancelled or relinquished, the\n accounting authority is responsible for immediately notifying all U.S. ship licensees for which it was\n performing settlements of the circumstances and informing them of the requirement contained in\n paragraph (b) of this section.\n\n (b) Those ship stations utilizing an accounting authority's AAIC for which the subject accounting authority\n certification has been suspended, cancelled or relinquished, should make contractual arrangements with\n another properly authorized accounting authority to settle its accounts.\n\n (c) The Commission will notify the ITU of all accounting authority suspensions, cancellations and\n relinquishments, and\n\n (d) The Commission will publish a Public Notice detailing all accounting authority suspensions, cancellations\n and relinquishments.\n\n§ 3.75 Licensee's failure to make timely payment.\nFailure to remit proper and timely payment to the Commission or to an accounting authority may result in one or\nmore of the following actions against the licensee:\n\n (a) Forfeiture or other authorized sanction.\n\n (b) The refusal by foreign countries to accept or refer public correspondence communications to or from the\n vessel or vessels owned, operated or licensed by the person or entity failing to make payment. This action\n may be taken at the request of the Commission or independently by the foreign country or coast station\n involved.\n\n (c) Further action to recover amounts owed utilizing any or all legally available debt collection procedures.\n\n§ 3.76 Licensee's liability for payment.\nThe U.S. ship station licensee bears ultimate responsibility for final payment of its accounts. This responsibility\ncannot be superseded by the contractual agreement between the ship station licensee and the accounting authority.\nIn the event that an accounting authority does not remit proper and timely payments on behalf of the ship station\nlicensee:\n\n (a) The ship station licensee will make arrangements for another accounting authority to perform future\n settlements, and\n\n (b) The ship station licensee will settle any outstanding accounts due to foreign entities.\n\n (c) The Commission will, upon request, take all possible steps, within the limits of applicable national law, to\n ensure settlement of the accounts of the ship station licensee. As circumstances warrant, this may\n include issuing warnings to ship station licensees when it becomes apparent that an accounting authority\n is failing to settle accounts. See also §§ 3.70 through 3.74.\n\n\n47 CFR 3.76(c) (enhanced display) page 13 of 13\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":29,"cells":{"Content":{"kind":"string","value":"47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 27 Miscellaneous Wireless Communications Services\n Subpart A General Information\n § 27.1 Basis and purpose.\n § 27.2 Permissible communications.\n § 27.3 Other applicable rule parts.\n § 27.4 Terms and definitions.\n § 27.5 Frequencies.\n § 27.6 Service areas.\n § 27.9 Operation of certificated signal boosters.\n Appendix A to Subpart A of Part 27\n List of Partial Economic Areas With Corresponding Counties\n Subpart B Applications and Licenses\n § 27.10 Regulatory status.\n § 27.11 Initial authorization.\n § 27.12 Eligibility.\n § 27.13 License period.\n § 27.14 Construction requirements.\n § 27.15 Geographic partitioning and spectrum disaggregation.\n § 27.16 Network access requirements for Block C in the 746–757 and 776–787 MHz bands.\n Subpart C Technical Standards\n § 27.50 Power limits and duty cycle.\n § 27.51 Equipment authorization.\n § 27.52 RF exposure.\n § 27.53 Emission limits.\n § 27.54 Frequency stability.\n § 27.55 Power strength limits.\n § 27.56 Antenna structures; air navigation safety.\n § 27.57 International coordination.\n § 27.58 Interference to BRS/EBS receivers.\n § 27.59 [Reserved]\n § 27.60 TV/DTV interference protection criteria.\n §§ 27.61-27.62 [Reserved]\n § 27.64 Protection from interference.\n\n47 CFR Part 27 (Feb. 20, 2024) (enhanced display) page 1 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\n § 27.65Acceptance of interference in 2000–2020 MHz.\n § 27.66Discontinuance, reduction, or impairment of service.\n § 27.70Information exchange.\n § 27.72Information sharing requirements.\n § 27.73WCS, AMT, and Goldstone coordination requirements.\n § 27.75Basic interoperability requirement.\n § 27.77Restriction on mobile and portable equipment in the 1695–1710 MHz and 1755–1780\n MHz bands.\n Subpart D Competitive Bidding Procedures for the 2305–2320 MHz and\n 2345–2360 MHz Bands\n § 27.201 WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to competitive\n bidding.\n §§ 27.202-27.208 [Reserved]\n § 27.209 Designated entities; bidding credits; unjust enrichment.\n § 27.210 Definitions.\n Subpart E Application, Licensing, and Processing Rules for WCS\n § 27.301 [Reserved]\n § 27.302 Eligibility.\n § 27.303 Upper 700 MHz commercial and public safety coordination zone.\n §§ 27.304-27.307 [Reserved]\n § 27.308 Technical content of applications.\n §§ 27.310-27.320 [Reserved]\n § 27.321 Mutually exclusive applications.\n §§ 27.322-27.325 [Reserved]\n Subpart F Competitive Bidding Procedures for the 698–806 MHz Band\n § 27.501 746–758 MHz, 775–788 MHz, and 805–806 MHz bands subject to competitive\n bidding.\n § 27.502 Designated entities.\n Subpart G Guard Band A and B Blocks (757–758/787–788 MHz and 775–776/\n 805–806 MHz Bands)\n § 27.601 Authority and coordination requirements.\n § 27.602 Lease agreements.\n § 27.604 Limitation on licenses won at auction.\n § 27.607 Performance requirements and annual reporting requirement.\n Subpart H Competitive Bidding Procedures for the 698–746 MHz Band\n § 27.701 698–746 MHz bands subject to competitive bidding.\n § 27.702 Designated entities.\n Subpart I 1.4 GHz Band\n § 27.801 Scope.\n\n47 CFR Part 27 (Feb. 20, 2024) (enhanced display) page 2 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\n § 27.802 Permissible communications.\n § 27.803 Coordination requirements.\n § 27.804 Field strength limits at WMTS facility.\n § 27.805 Geographic partitioning and spectrum disaggregation.\n § 27.806 1.4 GHz service licenses subject to competitive bidding.\n § 27.807 Designated entities.\n Subpart J 1670–1675 MHz Band\n § 27.901 Scope.\n § 27.902 Permissible communications.\n § 27.903 Coordination requirements.\n § 27.904 Geographic partitioning and spectrum disaggregation.\n § 27.905 1670–1675 MHz service licenses subject to competitive bidding.\n § 27.906 Designated entities.\n Subpart K 1915–1920 MHz and 1995–2000 MHz\n Licensing and Competitive Bidding Provisions\n § 27.1001 1915–1920 MHz and 1995–2000 MHz bands subject to competitive bidding.\n § 27.1002 Designated entities in the 1915–1920 MHz and 1995–2000 MHz bands.\n Reimbursement Obligation of Licensees at 1915–1920 MHz and\n 1995–2000 MHz\n § 27.1021 Reimbursement obligation of licensees at 1915–1920 MHz.\n § 27.1031 Reimbursement obligation of licensees at 1995–2000 MHz.\n § 27.1041 Termination of cost-sharing obligations.\n Subpart L 1695–1710 MHz, 1710–1755 MHz, 1755–1780 MHz, 2110–2155 MHz,\n 2155–2180 MHz, 2180–2200 MHz Bands\n Licensing and Competitive Bidding Provisions\n § 27.1101 1710–1755 MHz and 2110–2155 MHz bands subject to competitive bidding.\n § 27.1102 Designated Entities in the 1710–1755 MHz and 2110–2155 MHz bands.\n § 27.1103 2000–2020 MHz and 2180–2200 MHz bands subject to competitive bidding.\n § 27.1104 Designated Entities in the 2000–2020 MHz and 2180–2200 MHz bands.\n § 27.1105 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands subject to\n competitive bidding.\n § 27.1106 Designated Entities in the 1695–1710 MHz, 1755–1780 MHz, and 2155–2180\n MHz bands.\n Relocation of Incumbents\n § 27.1111 Relocation of fixed microwave service licensees in the 2110–2150 and 2160–2200\n MHz bands.\n Protection of Incumbent Operations\n § 27.1131 Protection of part 101 operations.\n § 27.1132 Protection of incumbent operations in the 2150–2160/62 MHz band.\n\n47 CFR Part 27 (Feb. 20, 2024) (enhanced display) page 3 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\n § 27.1133Protection of part 74 and part 78 operations.\n § 27.1134Protection of Federal Government operations.\n § 27.1135Protection of non-Federal Government Meteorological-Satellite operations.\n § 27.1136Protection of mobile satellite services in the 2000–2020 MHz and 2180–2200\n MHz bands.\n Cost-Sharing Policies Governing Microwave Relocation From the\n 2110–2150 MHz and 2160–2200 MHz Bands\n § 27.1160 Cost-sharing requirements for AWS.\n § 27.1162 Administration of the Cost-Sharing Plan.\n § 27.1164 The cost-sharing formula.\n § 27.1166 Reimbursement under the Cost-Sharing Plan.\n § 27.1168 Triggering a Reimbursement Obligation.\n § 27.1170 Payment issues.\n § 27.1172 Dispute Resolution Under the Cost-Sharing Plan.\n § 27.1174 Termination of cost-sharing obligations.\n Cost-Sharing Policies Governing Broadband Radio Service Relocation\n From the 2150–2160/62 MHz Band\n § 27.1176 Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.\n § 27.1178 Administration of the Cost-Sharing Plan.\n § 27.1180 The cost-sharing formula.\n § 27.1182 Reimbursement under the Cost-Sharing Plan.\n § 27.1184 Triggering a reimbursement obligation.\n § 27.1186 Payment issues.\n § 27.1188 Dispute resolution under the Cost-Sharing Plan.\n § 27.1190 Termination of cost-sharing obligations.\n Subpart M Broadband Radio Service and Educational Broadband Service\n § 27.1200 Change to BRS and EBS.\n § 27.1201 [Reserved]\n § 27.1202 Cable/BRS cross-ownership.\n § 27.1203 [Reserved]\n § 27.1204 EBS Tribal priority filing window.\n § 27.1205 EBS renewal standard.\n § 27.1206 Geographic service area.\n § 27.1207 Service areas and authorizations.\n § 27.1208 Geographic area licensing.\n § 27.1209 Reversion and overlay rights.\n § 27.1210 Remote control operation.\n § 27.1211 Unattended operation.\n § 27.1212 License term.\n\n47 CFR Part 27 (Feb. 20, 2024) (enhanced display) page 4 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\n § 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior\n to January 1, 2004.\n § 27.1214 EBS grandfathered leases.\n § 27.1215 BRS grandfathered leases.\n § 27.1216 Grandfathered E and F group EBS licenses.\n § 27.1217 Competitive bidding procedures for the Broadband Radio Service and the\n Educational Broadband Service.\n § 27.1218 Broadband Radio Service designated entity provisions.\n § 27.1219 Educational Broadband Service designated entity provisions.\n Technical Standards\n § 27.1220 Transmission standards.\n § 27.1221 Interference protection.\n § 27.1222 Operations in the 2568–2572 and 2614–2618 bands.\n Relocation Procedures for the 2150–2160/62 MHz Band\n § 27.1250 Transition of the 2150–2160/62 MHz band from the Broadband Radio Service to\n the Advanced Wireless Service.\n § 27.1251 Mandatory negotiations.\n § 27.1252 Involuntary relocation procedures.\n § 27.1253 Sunset provisions.\n § 27.1254 Eligibility.\n § 27.1255 Relocation criteria for Broadband Radio Service licensees in the 2150–2160/62\n MHz band.\n Subpart N 600 MHz Band\n Competitive Bidding Provisions\n § 27.1300 600 MHz band subject to competitive bidding.\n § 27.1301 Designated entities in the 600 MHz band.\n Protection of Other Services\n § 27.1310 Protection of Broadcast Television Service in the 600 MHz band from wireless\n operations.\n Coordination/Notification Requirements\n § 27.1320 Notification to white space database administrators.\n § 27.1321 Requirements for operation of base and fixed stations in the 600 MHz downlink\n band in close proximity to Radio Astronomy Observatories.\n Subpart O 3.7 GHz Service (3700–3980 MHz)\n § 27.1401 Licenses in the 3.7 GHz Service are subject to competitive bidding.\n § 27.1402 Designated entities in the 3.7 GHz Service.\n § 27.1411 Transition of the 3700–3980 MHz band to the 3.7 GHz Service.\n § 27.1412 Transition Plan.\n § 27.1413 Relocation Coordinator.\n\n47 CFR Part 27 (Feb. 20, 2024) (enhanced display) page 5 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR Part 27 (Feb. 20, 2024)\nMiscellaneous Wireless Communications Services\n\n\n § 27.1414 Relocation Payment Clearinghouse.\n § 27.1415 Documentation of expenses.\n § 27.1416 Reimbursable costs.\n § 27.1417 Reimbursement fund.\n § 27.1418 Payment obligations.\n § 27.1419 Lump sum payment for earth station opt out.\n § 27.1420 Cost-sharing formula.\n § 27.1421 Disputes over costs and cost-sharing.\n § 27.1422 Accelerated relocation payment.\n § 27.1423 Protection of incumbent operations.\n § 27.1424 Agreements between 3.7 GHz Service licensees and C-Band earth station operators.\n Subpart P Regulations Governing Licensing and Use of 900 MHz Broadband\n Service in the 897.5–900.5 MHz and 936.5–939.5 MHz Bands\n § 27.1500 Scope.\n § 27.1501 Definitions.\n § 27.1502 Permanent discontinuance of 900 MHz broadband licenses.\n § 27.1503 Broadband license eligibility and application requirements.\n § 27.1504 Mandatory relocation.\n § 27.1505 Performance requirements.\n § 27.1506 Frequencies.\n § 27.1507 Effective radiated power limits for 900 MHz broadband systems.\n § 27.1508 Field strength limit.\n § 27.1509 Emission limits.\n § 27.1510 Unacceptable interference to narrowband 900 MHz licensees from 900 MHz\n broadband licensees.\n Subpart Q 3.45 GHz Service (3450–3550 MHz)\n § 27.1600 3450–3550 MHz band subject to competitive bidding.\n § 27.1601 Designated entities in the 3450–3550 MHz band.\n § 27.1602 Incumbent Federal operations.\n § 27.1603 Coordination procedures.\n § 27.1604 Reimbursement of relocation expenses of non-Federal radiolocation incumbents.\n § 27.1605 Reimbursement clearinghouse.\n § 27.1606 Aggregation of 3450–3550 MHz band licenses.\n § 27.1607 Information sharing for time division duplex synchronization.\n\n\nPART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS\nSERVICES\nAuthority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452, unless otherwise\n47 CFR 27 (enhanced display) page 6 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1\nMiscellaneous Wireless Communications Services\n\n\n noted.\n\nSource: 62 FR 9658, Mar. 3, 1997, unless otherwise noted.\n\nSubpart A—General Information\n§ 27.1 Basis and purpose.\nThis section contains the statutory basis for this part of the rules and provides the purpose for which this part is\nissued.\n\n (a) Basis. The rules for miscellaneous wireless communications services (WCS) in this part are promulgated\n under the provisions of the Communications Act of 1934, as amended, that vest authority in the Federal\n Communications Commission to regulate radio transmission and to issue licenses for radio stations.\n\n (b) Purpose. This part states the conditions under which spectrum is made available and licensed for the\n provision of wireless communications services in the following bands.\n\n (1) 2305–2320 MHz and 2345–2360 MHz.\n\n (2) 746–758 MHz, 775–788 MHz, and 805–806 MHz.\n\n (3) 698–746 MHz.\n\n (4) 1390–1392 MHz.\n\n (5) 1392–1395 MHz and 1432–1435 MHz.\n\n (6) 1670–1675 MHz.\n\n (7) 1915–1920 MHz and 1995–2000 MHz.\n\n (8) 1710–1755 MHz and 2110–2155 MHz.\n\n (9) 2495–2690 MHz.\n\n (10) 2000–2020 MHz and 2180–2200 MHz.\n\n (11) 1695–1710 MHz.\n\n (12) 1755–1780 MHz.\n\n (13) 2155–2180 MHz.\n\n (14) 617–652 MHz and 663–698 MHz.\n\n (15) 3700–3980 MHz.\n\n (16) 897.5–900.5 MHz and 936.5–939.5 MHz.\n\n (17) 3450–3550 MHz.\n\n (c) Scope. The rules in this part apply only to stations authorized under this part or authorized under another\n part of this chapter on frequencies or bands transitioning to authorizations under this part.\n\n[62 FR 9658, Mar. 3, 1997]\n\n\n\n47 CFR 27.1(c) (enhanced display) page 7 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.2\nMiscellaneous Wireless Communications Services\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.1, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.2 Permissible communications.\n (a) Miscellaneous wireless communications services. Except as provided in paragraph (b) or (d) of this\n section and subject to technical and other rules contained in this part, a licensee in the frequency bands\n specified in § 27.5 may provide any services for which its frequency bands are allocated, as set forth in\n the non-Federal Government column of the Table of Allocations in § 2.106 of this chapter (column 5).\n\n (b) 775–776 MHz and 805–806 MHz bands. Operators in the 775–776 MHz and 805–806 MHz bands may\n not employ a cellular system architecture. A cellular system architecture is defined, for purposes of this\n part, as one that consists of many small areas or cells (segmented from a larger geographic service area),\n each of which uses its own base station, to enable frequencies to be reused at relatively short distances.\n\n (c) Satellite DARS. Satellite digital audio radio service (DARS) may be provided using the 2310–2320 and\n 2345–2360 MHz bands. Satellite DARS service shall be provided in a manner consistent with part 25 of\n this chapter.\n\n (d) 2000–2020 MHz and 2180–2200 MHz bands. Operators in the 2000–2020 MHz and 2180–2200 MHz\n bands may not provide the mobile-satellite service under the provisions of this part; rather, mobile-satellite\n service shall be provided in a manner consistent with part 25 of this chapter.\n\n (e) 716–722 MHz and 722–728 MHz bands. The 716–722 and 722–728 MHz frequencies may not be used\n for uplink transmission and must be used only for downlink transmissions.\n\n[65 FR 3144, Jan. 20, 2000, as amended at 65 FR 17601, Apr. 4, 2000; 72 FR 48843, Aug. 24, 2007; 78 FR 8267, Feb. 5, 2013; 78\nFR 66316, Nov. 5, 2013]\n\n\n§ 27.3 Other applicable rule parts.\nOther FCC rule parts applicable to the Wireless Communications Service include the following:\n\n (a) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this\n chapter also lists available Commission publications, standards and procedures for access to\n Commission records, and location of Commission Field Offices.\n\n (b) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory\n proceedings, procedures for reconsideration and review of the Commission's actions; provisions\n concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the\n environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter, if\n applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for\n the Wireless Telecommunications Services and the procedures for filing electronically via the ULS.\n\n (c) Part 2. This part contains the Table of Frequency Allocations and special requirements in international\n regulations, recommendations, agreements, and treaties. This part also contains standards and\n procedures concerning the marketing and importation of radio frequency devices, and for obtaining\n equipment authorization.\n\n (d) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum\n may be made available for experimentation.\n\n47 CFR 27.3(d) (enhanced display) page 8 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.3(e)\nMiscellaneous Wireless Communications Services\n\n\n (e) Part 15. This part sets forth the requirements and conditions applicable to certain radio frequency\n devices.\n\n (f) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and\n the environmental notification process that must be completed before filing certain antenna structure\n registration applications.\n\n (g) Part 20. This part sets forth the requirements and conditions applicable to commercial mobile radio\n service providers.\n\n (h) Part 22. This part sets forth the requirements and conditions applicable to public mobile services.\n\n (i) Part 24. This part sets forth the requirements and conditions applicable to personal communications\n services.\n\n (j) Part 25. This part contains the requirements for satellite communications, including satellite DARS.\n\n (k) Part 51. This part contains general duties of telecommunications carriers to provide for interconnection\n with other telecommunications carriers.\n\n (l) Part 64. This part sets forth the requirements and conditions applicable to telecommunications carriers\n under the Communications Assistance for Law Enforcement Act.\n\n (m) Part 68. This part contains technical standards for connection of terminal equipment to the telephone\n network.\n\n (n) Part 73. This part sets forth the requirements and conditions applicable to radio broadcast services.\n\n (o) Part 74. This part sets forth the requirements and conditions applicable to experimental radio, auxiliary,\n special broadcast and other program distributional services.\n\n (p) Part 90. This part sets forth the requirements and conditions applicable to private land mobile radio\n services.\n\n (q) Part 101. This part sets forth the requirements and conditions applicable to fixed microwave services.\n\n[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 FR 3144, Jan. 20, 2000; 67 FR 5510, Feb. 6, 2002; 69 FR\n5714, Feb. 6, 2004; 69 FR 72031, Dec. 10, 2004; 70 FR 61059, Oct. 20, 2005; 77 FR 3955, Jan. 26, 2012]\n\n\n§ 27.4 Terms and definitions.\n3.45 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in §\n27.5(o) (3450–3550 MHz band).\n\n3.7 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in §\n27.5(m) (3700–3980 MHz band).\n\n 600 MHz service. A radiocommunication service licensed pursuant to this part for the frequency bands specified\n in § 27.5(l).\n\n Advanced Wireless Service (AWS). A radiocommunication service licensed pursuant to this part for the\n frequency bands specified in § 27.5(h), 27.5(j), or 27.5(k).\n\n Affiliate. This term shall have the same meaning as that for “affiliate” in part 1, § 1.2110(b)(5) of this chapter.\n\n\n47 CFR 27.4 “Affiliate” (enhanced display) page 9 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.4 “Assigned frequency”\nMiscellaneous Wireless Communications Services\n\n\n Assigned frequency. The center of the frequency band assigned to a station.\n\n Attended operation. Operation of a station by a designated person on duty at the place where the transmitting\n apparatus is located with the transmitter in the person's plain view.\n\n Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is\n normally considered to be the necessary or occupied bandwidth, whichever is greater.\n\n Average terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site.\n\n Base station. A land station in the land mobile service.\n\n Booster service area. A geographic area to be designated by an applicant for a booster station, within which the\n booster station shall be entitled to protection against interference as set forth in this part. The booster\n service area must be specified by the applicant so as not to overlap the booster service area of any other\n booster authorized to or proposed by the applicant. However, a booster station may provide service to\n receive sites outside of its booster service area, at the licensee's risk of interference. The booster station\n must be capable of providing substantial service within the designated booster service area.\n\n Broadband Radio Service (BRS). A radio service using certain frequencies in the 2150–2162 and 2496–2690\n MHz bands which can be used to provide fixed and mobile services, except for aeronautical services.\n\n Broadcast services. This term shall have the same meaning as that for “broadcasting” in section 3(6) of the\n Communications Act of 1934, i.e., “the dissemination of radio communications intended to be received by\n the public, directly or by the intermediary of relay stations.” 47 U.S.C. 153(6).\n\n Commence operations. A 600 MHz Band licensee is deemed to commence operations when it begins pre-launch\n site activation and commissioning tests using permanent base station equipment, antennas and/or tower\n locations as part of its site and system optimization in the area of its planned commercial service\n infrastructure deployment.\n\n Documented complaint. A complaint that a party is suffering from non-consensual interference. A documented\n complaint must contain a certification that the complainant has contacted the operator of the allegedly\n offending facility and tried to resolve the situation prior to filing. The complaint must then specify the\n nature of the interference, whether the interference is constant or intermittent, when the interference\n began and the site(s) most likely to be causing the interference. The complaint should be accompanied by\n a videotape or other evidence showing the effects of the interference. The complaint must contain a\n motion for a temporary order to have the interfering station cease transmitting. The complaint must be\n filed with the Secretary's office and served on the allegedly offending party.\n\n Educational Broadband Service (EBS). A radiocommunication service licensed under this part for the frequency\n bands specified in § 27.5(i).\n\n Effective Radiated Power (ERP) (in a given direction). The product of the power supplied to the antenna and its\n gain relative to a half-wave dipole in a given direction.\n\n Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the\n antenna gain in a given direction relative to an isotropic antenna.\n\n Fixed service. A radio communication service between specified fixed points.\n\n Fixed station. A station in the fixed service.\n\n Land mobile service. A mobile service between base stations and land mobile stations, or between land mobile\n stations.\n\n47 CFR 27.4 “Land mobile service” (enhanced display) page 10 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.4 “Land mobile station”\nMiscellaneous Wireless Communications Services\n\n\n Land mobile station. A mobile station in the land mobile service capable of surface movement within the\n geographic limits of a country or continent.\n\n Land station. A station in the mobile service not intended to be used while in motion.\n\n Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of channels in the frequencies\n 2496–2572 MHz.\n\n Middle Band Segment (MBS). Segment of the BRS/EBS band consisting of channels in the frequencies\n 2572–2614 MHz.\n\n Mobile service. A radio communication service between mobile and land stations, or between mobile stations.\n\n Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified\n points.\n\n National Geodetic Reference System (NGRS). The name given to all geodetic control data contained in the\n National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of\n Commerce)\n\n Point-to-point Broadband station. A Broadband station that transmits a highly directional signal from a fixed\n transmitter location to a fixed receive location.\n\n Portable device. Transmitters designed to be used within 20 centimeters of the body of the user.\n\n Post-auction transition period. The 39-month period commencing upon the public release of the Channel\n Reassignment Public Notice as defined in § 73.3700(a) of this chapter.\n\n Public Safety Broadband Licensee. The licensee of the Public Safety Broadband License in the 763–768 MHz\n and 793–798 MHz bands.\n\n Radiodetermination. The determination of the position, velocity and/or other characteristics of an object, or the\n obtaining of information relating to these parameters, by means of the propagation properties of radio\n waves.\n\n Radiolocation. Radiodetermination used for purposes other than those of radionavigation.\n\n Radiolocation land station. A station in the radiolocation service not intended to be used while in motion.\n\n Radiolocation mobile station. A station intended to be used while in motion or during halts at unspecified points.\n\n Radionavigation. Radiodetermination used for the purpose of navigation, including obstruction warning.\n\n Remote control. Operation of a station by a designated person at a control position from which the transmitter is\n not visible but where suitable control and telemetering circuits are provided which allow the performance\n of the essential functions that could be performed at the transmitter.\n\n Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication service in which compact disc\n quality programming is digitally transmitted by one or more space stations.\n\n Sectorization. The use of an antenna system at any broadband station, booster station and/or response station\n hub that is capable of simultaneously transmitting multiple signals over the same frequencies to different\n portions of the service area and/or simultaneously receiving multiple signals over the same frequencies\n from different portions of the service area.\n\n Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of\n 2012 (Pub. L. 112–96).\n47 CFR 27.4 “Spectrum Act” (enhanced display) page 11 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.4 “Studio to transmitter link (STL)”\nMiscellaneous Wireless Communications Services\n\n\n Studio to transmitter link (STL). A directional path used to transmit a signal from a station's studio to its\n transmitter.\n\n Temporary fixed broadband station. A broadband station used for the transmission of material from temporary\n unspecified points to a broadband station.\n\n Time division multiple access (TDMA). A multiple access technique whereby users share a transmission\n medium by being assigned and using (one-at-a-time) for a limited number of time division mulitplexed\n channels; implies that several transmitters use one channel for sending several bit streams.\n\n Time division multiplexing (TDM). A multiplexing technique whereby two or more channels are derived from a\n transmission medium by dividing access to the medium into sequential intervals. Each channel has\n access to the entire bandwidth of the medium during its interval. This implies that one transmitter uses\n one channel to send several bit streams of information.\n\n Unattended operation. Operation of a station by automatic means whereby the transmitter is turned on and off\n and performs its functions without attention by a designated person.\n\n Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application\n filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all\n applications and related documents by applicants and licensees in the Wireless Radio Services, and\n provides public access to licensing information.\n\n Upper 700 MHz D Block license. The Upper 700 MHz D Block license is the nationwide license associated with\n the 758–763 MHz and 788–793 MHz bands.\n\n Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of channels in the frequencies\n 2614–2690 MHz\n\n Wireless communications service. A radiocommunication service licensed pursuant to this part for the\n frequency bands specified in § 27.5.\n\n[62 FR 9658, Mar. 3, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.4, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.5 Frequencies.\n (a) 2305–2320 MHz and 2345–2360 MHz bands. The following frequencies are available for WCS in the\n 2305–2320 MHz and 2345–2360 MHz bands:\n\n (1) Two paired channel blocks are available for assignment on a Major Economic Area basis as follows:\n\n Block A: 2305–2310 and 2350–2355 MHz; and\n\n Block B: 2310–2315 and 2355–2360 MHz.\n\n (2) Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping\n basis as follows:\n\n Block C: 2315–2320 MHz; and\n\n\n47 CFR 27.5(a)(2) (enhanced display) page 12 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(b)\nMiscellaneous Wireless Communications Services\n\n\n Block D: 2345–2350 MHz.\n\n (b) 746–758 MHz, 775–788 MHz, and 805–806 MHz bands. The following frequencies are available for\n licensing pursuant to this part in the 746–758 MHz, 775–788 MHz, and 805–806 MHz bands:\n\n (1) Two paired channels of 1 megahertz each are available for assignment in Block A in the 757–758\n MHz and 787–788 MHz bands.\n\n (2) Two paired channels of 1 megahertz each are available for assignment in Block B in the 775–776\n MHz and 805–806 MHz bands.\n\n (3) Two paired channels of 11 megahertz each are available for assignment in Block C in the 746–757\n MHz and 776–787 MHz bands. In the event that no licenses for two channels in this Block C are\n assigned based on the results of the first auction in which such licenses were offered because the\n auction results do not satisfy the applicable reserve price, the spectrum in the 746–757 MHz and\n 776–787 MHz bands will instead be made available for assignment at a subsequent auction as\n follows:\n\n (i) Two paired channels of 6 megahertz each available for assignment in Block C1 in the 746–752\n MHz and 776–782 MHz bands.\n\n (ii) Two paired channels of 5 megahertz each available for assignment in Block C2 in the 752–757\n MHz and 782–787 MHz bands.\n\n (c) 698–746 MHz band. The following frequencies are available for licensing pursuant to this part in the\n 698–746 MHz band:\n\n (1) Three paired channel blocks of 12 megahertz each are available for assignment as follows:\n\n Block A: 698–704 MHz and 728–734 MHz;\n\n Block B: 704–710 MHz and 734–740 MHz; and\n\n Block C: 710–716 MHz and 740–746 MHz.\n\n (2) Two unpaired channel blocks of 6 megahertz each are available for assignment as follows:\n\n Block D: 716–722 MHz; and\n\n Block E: 722–728 MHz.\n\n (d) 1390–1392 MHz band. The 1390–1392 MHz band is available for assignment on a Major Economic Area\n basis.\n\n (e) The paired 1392–1395 and 1432–1435 MHz bands. The paired 1392–1395 MHz and 1432–1435 MHz\n bands are available for assignment on an Economic Area Grouping basis as follows: Block A:\n 1392–1393.5 MHz and 1432–1433.5 MHz; and Block B: 1393.5–1395 MHz and 1433.5–1435 MHz.\n\n (f) 1670–1675 MHz band. The 1670–1675 MHz band is available for assignment on a nationwide basis.\n\n (g) [Reserved]\n\n\n\n\n47 CFR 27.5(g) (enhanced display) page 13 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(h)\nMiscellaneous Wireless Communications Services\n\n\n (h) 1710–1755 MHz, 2110–2155 MHz, 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands. The\n following frequencies are available for licensing pursuant to this part in the 1710–1755 MHz, 2110–2155\n MHz, 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands:\n\n (1) Four paired channel blocks of 10 megahertz each are available for assignment as follows:\n\n Block A: 1710–1720 MHz and 2110–2120 MHz;\n\n Block B: 1720–1730 MHz and 2120–2130 MHz;\n\n Block F: 1745–1755 MHz and 2145–2155 MHz; and\n\n Block J: 1770–1780 MHz and 2170–2180 MHz.\n\n (2) Six paired channel blocks of 5 megahertz each are available for assignment as follows:\n\n Block C: 1730–1735 MHz and 2130–2135 MHz;\n\n Block D: 1735–1740 MHz and 2135–2140 MHz;\n\n Block E: 1740–1745 MHz and 2140–2145 MHz;\n\n Block G: 1755–1760 MHz and 2155–2160 MHz;\n\n Block H: 1760–1765 MHz and 2160–2165 MHz; and\n\n Block I: 1765–1770 MHz and 2165–2170 MHz.\n\n (3) One unpaired block of 5 megahertz and one unpaired block of 10 megahertz each are available for\n assignment as follows:\n\n Block A1: 1695–1700 MHz\n\n Block B1: 1700–1710 MHz.\n\n\n Note to paragraph (h). Licenses to operate in the 1695–1710 MHz and 1755–1780 MHz bands are\n subject to the condition that the licensee must not cause harmful interference to an incumbent\n Federal entity relocating from these bands under an approved Transition Plan. This condition\n remains in effect until NTIA terminates the applicable authorization of the incumbent Federal\n entity.\n\n (i) Frequency assignments for the BRS/EBS band.\n\n (1) Pre-transition frequency assignments.\n\n BRS Channel 1: 2150–2156 MHz or 2496–2500 MHz\n\n BRS Channel 2: 2156–2162 MHz or 2686–2690 MHz\n\n47 CFR 27.5(i)(1) (enhanced display) page 14 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(i)(1)\nMiscellaneous Wireless Communications Services\n\n\n BRS Channel 2A: 2156–2160 MHz\n\n EBS Channel A1: 2500–2506 MHz\n\n EBS Channel B1: 2506–2512 MHz\n\n EBS Channel A2: 2512–2518 MHz\n\n EBS Channel B2: 2518–2524 MHz\n\n EBS Channel A3: 2524–2530 MHz\n\n EBS Channel B3: 2530–2536 MHz\n\n EBS Channel A4: 2536–2542 MHz\n\n EBS Channel B4: 2542–2548 MHz\n\n EBS Channel C1: 2548–2554 MHz\n\n EBS Channel D1: 2554–2560 MHz\n\n EBS Channel C2: 2560–2566 MHz\n\n EBS Channel D2: 2566–2572 MHz\n\n EBS Channel C3: 2572–2578 MHz\n\n EBS Channel D3: 2578–2584 MHz\n\n EBS Channel C4: 2584–2590 MHz\n\n EBS Channel D4: 2590–2596 MHz\n\n BRS Channel E1: 2596–2602 MHz\n\n BRS Channel F1: 2602–2608 MHz\n\n BRS Channel E2: 2608–2614 MHz\n\n BRS Channel F2: 2614–2620 MHz\n\n BRS Channel E3: 2620–2626 MHz\n\n BRS Channel F3: 2626–2632 MHz\n\n\n\n47 CFR 27.5(i)(1) (enhanced display) page 15 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(i)(2)\nMiscellaneous Wireless Communications Services\n\n\n BRS Channel E4: 2632–2638 MHz\n\n BRS Channel F4: 2638–2644 MHz\n\n EBS Channel G1: 2644–2650 MHz\n\n BRS Channel H1: 2650–2656 MHz\n\n EBS Channel G2: 2656–2662 MHz\n\n BRS Channel H2: 2662–2668 MHz\n\n EBS Channel G3: 2668–2674 MHz\n\n BRS Channel H3: 2674–2680 MHz\n\n EBS Channel G4: 2680–2686 MHz\n\n I Channels: 2686–2690 MHz\n\n (2) Post transition frequency assignments. The frequencies available in the Broadband Radio Service\n (BRS) and Educational Broadband Service (EBS) are listed in this section in accordance with the\n frequency allocations table of § 2.106 of this chapter.\n\n (i) Lower Band Segment (LBS): The following channels shall constitute the Lower Band Segment:\n\n BRS Channel 1: 2496–2502 MHz or 2150–2156 MHz\n\n EBS Channel A1: 2502–2507.5 MHz\n\n EBS Channel A2: 2507.5–2513 MHz\n\n EBS Channel A3: 2513–2518.5 MHz\n\n EBS Channel B1: 2518.5–2524 MHz\n\n EBS Channel B2: 2524–2529.5 MHz\n\n EBS Channel B3: 2529.5–2535 MHz\n\n EBS Channel C1: 2535–2540.5 MHz\n\n EBS Channel C2: 2540.5–2546 MHz\n\n EBS Channel C3: 2546–2551.5 MHz\n\n EBS Channel D1: 2551.5–2557 MHz\n\n\n47 CFR 27.5(i)(2)(i) (enhanced display) page 16 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(i)(2)(ii)\nMiscellaneous Wireless Communications Services\n\n\n EBS Channel D2: 2557–2562.5 MHz\n\n EBS Channel D3: 2562.5–2568 MHz\n\n EBS Channel JA1: 2568.00000–2568.33333 MHz\n\n EBS Channel JA2: 2568.33333–2568.66666 MHz\n\n EBS Channel JA3: 2568.66666–2569.00000 MHz\n\n EBS Channel JB1: 2569.00000–2569.33333 MHz\n\n EBS Channel JB2: 2569.33333–2569.66666 MHz\n\n EBS Channel JB3: 2569.66666–2570.00000 MHz\n\n EBS Channel JC1: 2570.00000–2570.33333 MHz\n\n EBS Channel JC2: 2570.33333–2570.66666 MHz\n\n EBS Channel JC3: 2570.66666–2571.00000 MHz\n\n EBS Channel JD1: 2571.00000–2571.33333 MHz\n\n EBS Channel JD2: 2571.33333–2571.66666 MHz\n\n EBS Channel JD3: 2571.66666–2572.00000 MHz\n\n (ii) Middle Band Segment (MBS): The following channels shall constitute the Middle Band\n Segment:\n\n EBS Channel A4: 2572–2578 MHz\n\n EBS Channel B4: 2578–2584 MHz\n\n EBS Channel C4: 2584–2590 MHz\n\n EBS Channel D4: 2590–2596 MHz\n\n EBS Channel G4: 2596–2602 MHz\n\n BRS/EBS Channel F4: 2602–2608 MHz\n\n BRS/EBS Channel E4: 2608–2614 MHz\n\n (iii) Upper Band Segment (UBS): The following channels shall constitute the Upper Band Segment:\n\n\n47 CFR 27.5(i)(2)(iii) (enhanced display) page 17 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(i)(2)(iii)\nMiscellaneous Wireless Communications Services\n\n\n BRS Channel KH1: 2614.00000–2614.33333 MHz.\n\n BRS Channel KH2: 2614.33333–2614.66666 MHz.\n\n BRS Channel KH3: 2614.66666–2615.00000 MHz.\n\n EBS Channel KG1: 2615.00000–2615.33333 MHz.\n\n EBS Channel KG2: 2615.33333–2615.66666 MHz.\n\n EBS Channel KG3: 2615.66666–2616.00000 MHz.\n\n BRS Channel KF1: 2616.00000–2616.33333 MHz.\n\n BRS Channel KF2: 2616.33333–2616.66666 MHz.\n\n BRS Channel KF3: 2616.66666–2617.00000 MHz.\n\n BRS Channel KE1: 2617.00000–2617.33333 MHz.\n\n BRS Channel KE2: 2617.33333–2617.66666 MHz.\n\n BRS Channel KE3: 2617.66666–2618.00000 MHz.\n\n BRS Channel 2: 2618–2624 MHz or 2156–2162 MHz.\n\n BRS Channel 2A: 2618–2624 MHz or 2156–2160 MHz.\n\n BRS/EBS Channel E1: 2624–2629.5 MHz.\n\n BRS/EBS Channel E2: 2629.5–2635 MHz.\n\n BRS/EBS Channel E3: 2635–2640.5 MHz.\n\n BRS/EBS Channel F1: 2640.5–2646 MHz.\n\n BRS/EBS Channel F2: 2646–2651.5 MHz.\n\n BRS/EBS Channel F3: 2651.5–2657 MHz.\n\n BRS Channel H1: 2657–2662.5 MHz.\n\n BRS Channel H2: 2662.5–2668 MHz.\n\n BRS Channel H3: 2668–2673.5 MHz.\n\n\n\n47 CFR 27.5(i)(2)(iii) (enhanced display) page 18 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(i)(3)\nMiscellaneous Wireless Communications Services\n\n\n EBS Channel G1: 2673.5–2679 MHz.\n\n EBS Channel G2: 2679–2684.5 MHz.\n\n EBS Channel G3: 2684.5–2690 MHz.\n\n\n Note to paragraph (i)(2): No 125 kHz channels are provided for channels in operation in this\n service. The 125 kHz channels previously associated with these channels have been reallocated to\n Channel G3 in the upper band segment.\n\n (3) [Reserved]\n\n (4) A temporary fixed broadband station may use any available broadband channel on a secondary\n basis, except that operation of temporary fixed broadband stations is not allowed within 56.3 km (35\n miles) of Canada.\n\n (5)\n\n (i) A point-to-point EBS station on the E and F-channel frequencies, may be involuntarily displaced\n by a BRS applicant or licensee, provided that suitable alternative spectrum is available and that\n the BRS entity bears the expenses of the migration. Suitability of spectrum will be determined\n on a case-by-base basis; at a minimum, the alternative spectrum must be licensable by\n broadband operators on a primary basis (although it need not be specifically allocated to the\n broadband service), and must provide a signal that is equivalent to the prior signal in picture\n quality and reliability, unless the broadband licensee will accept an inferior signal. Potential\n expansion of the BRS licensee may be considered in determining whether alternative available\n spectrum is suitable.\n\n (ii) If suitable alternative spectrum is located pursuant to paragraph (h)(6)(i) of this section, the\n initiating party must prepare and file the appropriate application for the new spectrum, and\n must simultaneously serve a copy of the application on the EBS licensee to be moved. The\n initiating party will be responsible for all costs connected with the migration, including\n purchasing, testing and installing new equipment, labor costs, reconfiguration of existing\n equipment, administrative costs, legal and engineering expenses necessary to prepare and file\n the migration application, and other reasonable documented costs. The initiating party must\n secure a bond or establish an escrow account to cover reasonable incremental increase in\n ongoing expenses that may fall upon the migrated licensee. The bond or escrow account\n should also account for the possibility that the initiating party subsequently becomes bankrupt.\n If it becomes necessary for the Commission to assess the sufficiency of a bond or escrow\n amount, it will take into account such factors as projected incremental increase in electricity or\n maintenance expenses, or relocation expenses, as relevant in each case.\n\n (iii) The EBS licensee to be moved will have a 60-day period in which to oppose the involuntary\n migration. The broadband party should state its opposition to the migration with specificity,\n including engineering and other challenges, and a comparison of the present site and the\n proposed new site. If involuntary migration is granted, the new facilities must be operational\n before the initiating party will be permitted to begin its new or modified operations. The\n migration must not disrupt the broadband licensee's provision of service, and the broadband\n licensee has the right to inspect the construction or installation work.\n47 CFR 27.5(i)(5)(iii) (enhanced display) page 19 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(j)\nMiscellaneous Wireless Communications Services\n\n\n (j) 2000–2020 MHz and 2180–2200 MHz bands. The following frequencies are available for licensing\n pursuant to this part in the 2000–2020 MHz and 2180–2200 MHz (AWS–4) bands:\n\n (1) Two paired channel blocks of 10 megahertz each are available for assignment as follows: Block A:\n 2000–2010 MHz and 2180–2190 MHz; and Block B: 2010–2020 MHz and 2190–2200 MHz.\n\n (2) [Reserved]\n\n (k) 1915–1920 MHz and 1995–2000 MHz bands. The paired 1915–1920 MHz and 1995–2000 MHz bands\n are available for assignment on an Economic Area (EA) basis.\n\n (l) 600 MHz band. The 600 MHz band (617–652 MHz and 663–698 MHz) has seven pairs of 5 megahertz\n channel blocks available for assignment on a Partial Economic Area basis as follows:\n\n Block A: 617–622 MHz and 663–668 MHz;\n\n Block B: 622–627 MHz and 668–673 MHz;\n\n Block C: 627–632 MHz and 673–678 MHz;\n\n Block D: 632–637 MHz and 678–683 MHz;\n\n Block E: 637–642 MHz and 683–688 MHz;\n\n Block F: 642–647 MHz and 688–693 MHz; and\n\n Block G: 647–652 MHz and 693–698 MHz.\n\n (m) 3700–3980 MHz band. The 3.7 GHz Service is comprised of Block A (3700–3800 MHz); Block B\n (3800–3900 MHz); and Block C (3900–3980 MHz). These blocks are licensed as 14 individual 20\n megahertz sub-blocks available for assignment in the contiguous United States on a Partial Economic\n Area basis, see § 27.6(m), as follows:\n\n\n\n\n47 CFR 27.5(m) (enhanced display) page 20 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.5(n)\nMiscellaneous Wireless Communications Services\n\n\n (n) 900 MHz broadband. The paired 897.5–900.5 MHz and 936.5–939.5 MHz bands are available for\n assignment on a geographic basis. For operations in the 897.5–900.5 MHz and 936.5–939.5 MHz bands\n (designated as Channels 120–360 in section 90.613 of this chapter), no new applications will be accepted\n in transitioned markets for narrowband systems under part 90, subpart S of this chapter.\n\n (o) 3450–3550 MHz band. The 3.45 GHz Service is licensed as ten individual 10 megahertz blocks available\n for assignment in the contiguous United States on a Partial Economic Area basis, see § 27.6(n).\n\n[62 FR 9658, Mar. 3, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.5, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.6 Service areas.\n (a) Composition of service areas. WCS service areas include Economic Areas (EAs), Major Economic Areas\n (MEAs), Regional Economic Area Groupings (REAGs), cellular markets comprising Metropolitan Statistical\n Areas (MSAs) and Rural Service Areas (RSAs), and a nationwide area. MEAs and REAGs are defined in the\n Table immediately following paragraph (a)(1) of this section. Both MEAs and REAGs are based on the U.S.\n Department of Commerce's EAs. See 60 FR 13114 (March 10, 1995). In addition, the Commission shall\n separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin\n Islands, American Samoa, and the Gulf of Mexico, which have been assigned Commission-created EA\n numbers 173–176, respectively. The nationwide area is composed of the contiguous 48 states, Alaska,\n Hawaii, the Gulf of Mexico, and the U.S. territories. Maps of the EAs, MEAs, MSAs, RSAs, and REAGs are\n available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu.\n\n (1) The 52 MEAs are composed of one or more EAs and the 12 REAGs are composed of one or more\n MEAs, as defined in the table below:\n\n REAGs MEAs EAs\n 1 (Northeast) 1 (Boston) 1–3.\n 2 (New York City) 4–7, 10.\n 3 (Buffalo) 8.\n 4 (Philadelphia) 11–12.\n 2 (Southeast) 5 (Washington) 13–14.\n 6 (Richmond) 15–17, 20.\n 7 (Charlotte-Greensboro-Greenville- 18–19, 21–26, 41–42, 46.\n Raleigh)\n 8 (Atlanta) 27–28, 37–40, 43.\n 9 (Jacksonville) 29, 35.\n 10 (Tampa-St. Petersburg-Orlando) 30, 33–34.\n 11 (Miami) 31–32.\n 3 (Great Lakes) 12 (Pittsburgh) 9, 52–53.\n 13 (Cincinnati-Dayton) 48–50.\n 14 (Columbus) 51.\n 15 (Cleveland) 54–55.\n\n47 CFR 27.6(a)(1) (enhanced display) page 21 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.6(a)(1)\nMiscellaneous Wireless Communications Services\n\n\n REAGs MEAs EAs\n 16 (Detroit) 56–58, 61–62.\n 17 (Milwaukee) 59–60, 63, 104–105, 108.\n 18 (Chicago) 64–66, 68, 97, 101.\n 19 (Indianapolis) 67.\n 20 (Minneapolis-St. Paul) 106–107, 109–114, 116.\n 21 (Des Moines-Quad Cities) 100, 102–103, 117.\n 4 (Mississippi Valley) 22 (Knoxville) 44–45.\n 23 (Louisville-Lexington-Evansville) 47, 69–70, 72.\n 24 (Birmingham) 36, 74, 78–79.\n 25 (Nashville) 71.\n 26 (Memphis-Jackson) 73, 75–77.\n 27 (New Orleans-Baton Rouge) 80–85.\n 28 (Little Rock) 90–92, 95.\n 29 (Kansas City) 93, 99, 123.\n 30 (St. Louis) 94, 96, 98.\n 5 (Central) 31 (Houston) 86–87, 131.\n 32 (Dallas-Fort Worth) 88–89, 127–130, 135,\n 137–138.\n 33 (Denver) 115, 140–143.\n 34 (Omaha) 118–121.\n 35 (Wichita) 122.\n 36 (Tulsa) 124.\n 37 (Oklahoma City) 125–126.\n 38 (San Antonio) 132–134.\n 39 (El Paso-Albuquerque) 136, 139, 155–157.\n 40 (Phoenix) 154, 158–159.\n 6 (West) 41 (Spokane-Billings) 144–147, 168.\n 42 (Salt Lake City) 148–150, 152.\n 43 (San Francisco-Oakland-San Jose) 151, 162–165.\n 44 (Los Angeles-San Diego) 153, 160–161.\n 45 (Portland) 166–167.\n 46 (Seattle) 169–170.\n 7 (Alaska) 47 (Alaska) 171.\n 8 (Hawaii) 48 (Hawaii) 172.\n 9 (Guam and the Northern Mariana 49 (Guam and the Northern Mariana 173.\n Islands) Islands)\n 10 (Puerto Rico and U.S. Virgin 50 (Puerto Rico and U.S. Virgin 174.\n Islands) Islands)\n 11 (American Samoa) 51 (American Samoa) 175.\n 12 (Gulf of Mexico) 52 (Gulf of Mexico) 176.\n\n\n47 CFR 27.6(a)(1) (enhanced display) page 22 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.6(a)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf.\n\n (b) 746–758 MHz, 775–788 MHz, and 805–806 MHz bands. WCS service areas for the 746–758 MHz,\n 775–788 MHz, and 805–806 MHz bands are as follows.\n\n (1) Service areas for Block A in the 757–758 MHz and 787–788 MHz bands and Block B in the 775–776\n MHz and 805–806 MHz bands are based on Major Economic Areas (MEAs), as defined in\n paragraphs (a)(1) and (a)(2) of this section.\n\n (2) Service areas for Block C in the 746–757 MHz and 776–787 MHz bands are based on Regional\n Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. In the event that no\n licenses with respect to service areas for Block C in the 746–757 MHz and 776–787 MHz bands are\n assigned based on the results of the first auction in which such licenses are offered because the\n auction results do not satisfy the applicable reserve price, then service areas for the spectrum at\n 746–757 MHz and 776–787 MHz will instead be available for assignment as follows:\n\n (i) Service areas for Block C1 in the 746–752 MHz and 776–782 MHz bands are based on\n Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (ii) Service areas for Block C2 in the 752–757 MHz and 782–787 MHz bands are based on\n Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section.\n\n (c) 698–746 MHz band. WCS service areas for the 698–746 MHz band are as follows:\n\n (1) Service areas for Block A in the 698–704 MHz and 728–734 MHz bands and Block E in the 722–728\n MHz band are based on Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (2) Service areas for Block B in the 704–710 MHz and 734–740 MHz bands and Block C in the 710–716\n MHz and 740–746 MHz bands are based on cellular markets comprising Metropolitan Statistical\n Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL–92–40\n “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,”\n dated January 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), with the following modifications:\n\n (i) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend\n 12 nautical miles from the U.S. Gulf coastline.\n\n (ii) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico\n extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf.\n\n (3) Service areas for Block D in the 716–722 MHz band are based on Economic Area Groupings (EAGs)\n as defined by the Federal Communications Commission. See 62 FR 15978 (April 3, 1997) extended\n with the Gulf of Mexico. See also paragraphs (a)(1) and (2) of this section and 62 FR 9636 (March 3,\n 1997), in which the Commission created an additional four economic area-like areas for a total of\n 176. Maps of the EAGs and the FEDERAL REGISTER Notice that established the 172 Economic Areas\n (EAs) are available for public inspection through the Federal Communications Commission's\n Reference Information Center. These maps and data are also available on the FCC website at\n https://www.fcc.gov/oet/info/maps/areas/.\n\n (i) There are 6 EAGs, which are composed of multiple EAs as defined in the table below:\n\n Economic area\n Name Economic areas\n groupings\n EAG001 Northeast 1–11, 54.\n\n47 CFR 27.6(c)(3)(i) (enhanced display) page 23 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.6(c)(3)(ii)\nMiscellaneous Wireless Communications Services\n\n\n Economic area\n Name Economic areas\n groupings\n EAG002 Mid-Atlantic 12–26, 41, 42, 44–53, 70.\n EAG003 Southeast 27–40, 43, 69, 71–86, 88–90, 95, 96, 174, 176 (part).\n EAG004 Great Lakes 55–68, 97, 100–109.\n EAG005 Central/ 87, 91–94, 98, 99, 110–146, 148, 149, 152, 154–159, 176\n Mountain (part).\n EAG006 Pacific 147, 150, 151, 153, 160–173, 175.\n\n\n\n Note 1 to paragraph (c)(3)(i): Economic Area Groupings are defined by the Federal\n Communications Commission; see 62 FR 15978 (April 3, 1997) extended with the Gulf of Mexico.\n\n\n Note 2 to paragraph (c)(3)(i): Economic Areas are defined by the Regional Economic Analysis\n Division, Bureau of Economic Analysis, U.S. Department of Commerce February 1995 and\n extended by the Federal Communications Commission, see 62 FR 9636 (March 3, 1997).\n\n (ii) For purposes of paragraph (c)(3)(i) of this section, EA 176 (the Gulf of Mexico) will be divided\n between EAG003 (the Southeast EAG) and EAG005 (the Central/Mountain EAG) in accordance\n with the configuration of the Eastern/Central and Western Planning Area established by the\n Mineral Management Services Bureau of the Department of the Interior (MMS). That portion of\n EA 176 contained in the Eastern and Central Planning Areas as defined by MMS will be included\n in EAG003; that portion of EA 176 contained in the Western Planning Area as defined by MMS\n will be included in EAG005. Maps of these areas may be found on the MMS Web site:\n http://www.gomr.mms.gov/homepg/offshore/offshore.html.\n\n (d) 1390–1392 MHz band. Service areas for the 1390–1392 MHz band is based on Major Economic Areas\n (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section.\n\n (e) The paired 1392–1395 and 1432–1435 MHz bands. Service areas for the paired 1392–1395 and\n 1432–1435 MHz bands are as follows. Service areas for Block A in the 1392–1393.5 MHz and\n 1432–1433.5 MHz bands and Block B in the 1393.5–1395 MHz and 1433.5–1435 MHz bands are based\n on Economic Area Groupings (EAGs) as defined in paragraph (c)(3) of this section.\n\n (f) 1670–1675 MHz band. Service areas for the 1670–1675 MHz band are available on a nationwide basis.\n\n (g) [Reserved]\n\n (h) 1710–1755 and 2110–2155 MHz bands. AWS service areas for the 1710–1755 MHz and 2110–2155\n MHz bands are as follows:\n\n (1) Service areas for Block A (1710–1720 MHz and 2110–2120 MHz) are based on cellular markets\n comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by\n Public Notice Report No. CL–92–40 “Common Carrier Public Mobile Services Information, Cellular\n MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), with\n the following modifications:\n\n (i) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend\n 12 nautical miles from the U.S. Gulf coastline.\n47 CFR 27.6(h)(1)(i) (enhanced display) page 24 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.6(h)(1)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico\n extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf.\n\n (2) Service areas for Blocks B (1720–1730 MHz and 2120–2130 MHz) and C (1730–1735 MHz and\n 2130–2135 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (3) Service areas for blocks D (1735–1740 MHz and 2135–2140 MHz), E (1740–1745 MHz and\n 2140–2145 MHz) and F (1745–1755 MHz and 2145–2155 MHz) are based on Regional Economic\n Area Groupings (REAGs) as defined by paragraph (a) of this section.\n\n (i) 2000–2020 MHz and 2180–2200 MHz bands. AWS service areas for the 2000–2020 MHz and 2180–2200\n MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (j) 1915–1920 MHz and 1995–2000 MHz bands. AWS service areas for the 1915–1920 MHz and 1995–2000\n MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (k) 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands. AWS service areas for the 1695–1710\n MHz, 1755–1780 MHz, and 2155–2180 MHz bands are as follows:\n\n (1) Service areas for Block G (1755–1760 MHz and 2155–2160 MHz) are based on cellular markets\n comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by\n Public Notice Report No. CL–92–40 “Common Carrier Public Mobile Services Information, Cellular\n MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), with\n the following modifications:\n\n (i) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend\n 12 nautical miles from the U.S. Gulf coastline.\n\n (ii) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico\n extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf.\n\n (2) Service areas for Blocks H (1760–1765 MHz and 2160–2165 MHz), I (1765–1770 MHz and\n 2165–2170 MHz), J (1770–1780 MHz and 2170–2180 MHz), A1 (1695–1700 MHz) and B1\n (1700–1710 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section.\n\n (l) 600 MHz band. Service areas for the 600 MHz band are based on Partial Economic Areas (PEAs) as\n defined by Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, Public\n Notice, 29 FCC Rcd 6491, App. B (2014). The service areas of PEAs that border the U.S. coastline of the\n Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The service area of the Gulf of\n Mexico PEA (PEA 416) that comprises the water area of the Gulf of Mexico extends from 12 nautical\n miles off the U.S. Gulf coast outward into the Gulf.\n\n (m) 3700–3980 MHz Band. Service areas in the 3.7 GHz Service are based on Partial Economic Areas (PEAs)\n as defined by appendix A to this subpart (see Wireless Telecommunications Bureau Provides Details About\n Partial Economic Areas, DA 14–759, Public Notice, released June 2, 2014, for more information). The 3.7\n GHz Service will be licensed in the contiguous United States, i.e., the contiguous 48 states and the District\n of Columbia as defined by Partial Economic Areas Nos. 1–41, 43–211, 213–263, 265–297, 299–359, and\n 361–411. The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12\n nautical miles from the U.S. Gulf coastline. The 3.7 GHz Service will not be licensed for the following\n PEAs:\n\n\n\n\n47 CFR 27.6(m) (enhanced display) page 25 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.6(n)\nMiscellaneous Wireless Communications Services\n\n\n Table 3 to Paragraph (m)\n\n PEA No. PEA name\n 42 Honolulu, HI.\n 212 Anchorage, AK.\n 264 Kodiak, AK.\n 298 Fairbanks, AK.\n 360 Juneau, AK.\n 412 Puerto Rico.\n 413 Guam-Northern Mariana Islands.\n 414 US Virgin Islands.\n 415 American Samoa.\n\n\n (n) 3450–3550 MHz Band. Service areas in the 3.45 GHz Service are based on Partial Economic Areas (PEAs)\n as defined by appendix A to this subpart.\n\n[62 FR 9658, Mar. 3, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.6, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.9 Operation of certificated signal boosters.\nIndividuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under\nthis part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter.\nFailure to comply with all applicable rules voids the authority to operate a signal booster.\n\n[78 FR 21564, Apr. 11, 2013]\n\n\nAppendix A to Subpart A of Part 27—List of Partial Economic Areas With Corresponding\nCounties\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 1 09001 Fairfield CT\n 1 09003 Hartford CT\n 1 09005 Litchfield CT\n 1 09007 Middlesex CT\n 1 09009 New Haven CT\n 1 09011 New London CT\n 1 09013 Tolland CT\n 1 09015 Windham CT\n\n47 CFR 27.9 (enhanced display) page 26 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 1 34003 Bergen NJ\n 1 34013 Essex NJ\n 1 34017 Hudson NJ\n 1 34019 Hunterdon NJ\n 1 34021 Mercer NJ\n 1 34023 Middlesex NJ\n 1 34025 Monmouth NJ\n 1 34027 Morris NJ\n 1 34029 Ocean NJ\n 1 34031 Passaic NJ\n 1 34035 Somerset NJ\n 1 34037 Sussex NJ\n 1 34039 Union NJ\n 1 34041 Warren NJ\n 1 36005 Bronx NY\n 1 36027 Dutchess NY\n 1 36047 Kings NY\n 1 36059 Nassau NY\n 1 36061 New York NY\n 1 36071 Orange NY\n 1 36079 Putnam NY\n 1 36081 Queens NY\n 1 36085 Richmond NY\n 1 36087 Rockland NY\n 1 36103 Suffolk NY\n 1 36105 Sullivan NY\n 1 36111 Ulster NY\n 1 36119 Westchester NY\n 1 42025 Carbon PA\n 1 42069 Lackawanna PA\n 1 42077 Lehigh PA\n 1 42079 Luzerne PA\n 1 42089 Monroe PA\n 1 42095 Northampton PA\n 2 06029 Kern CA\n 2 06037 Los Angeles CA\n 2 06059 Orange CA\n 2 06065 Riverside CA\n\n47 CFR 27.9 (enhanced display) page 27 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 2 06071 San Bernardino CA\n 2 06079 San Luis Obispo CA\n 2 06083 Santa Barbara CA\n 2 06111 Ventura CA\n 3 17031 Cook IL\n 3 17043 DuPage IL\n 3 17063 Grundy IL\n 3 17089 Kane IL\n 3 17091 Kankakee IL\n 3 17093 Kendall IL\n 3 17097 Lake IL\n 3 17111 McHenry IL\n 3 17197 Will IL\n 3 18091 La Porte IN\n 3 18089 Lake IN\n 3 18127 Porter IN\n 4 06001 Alameda CA\n 4 06013 Contra Costa CA\n 4 06041 Marin CA\n 4 06053 Monterey CA\n 4 06055 Napa CA\n 4 06075 San Francisco CA\n 4 06077 San Joaquin CA\n 4 06081 San Mateo CA\n 4 06085 Santa Clara CA\n 4 06087 Santa Cruz CA\n 4 06095 Solano CA\n 4 06097 Sonoma CA\n 4 06099 Stanislaus CA\n 5 11001 District of Columbia DC\n 5 24003 Anne Arundel MD\n 5 24005 Baltimore MD\n 5 24510 Baltimore City MD\n 5 24009 Calvert MD\n 5 24011 Caroline MD\n 5 24013 Carroll MD\n 5 24017 Charles MD\n 5 24019 Dorchester MD\n\n47 CFR 27.9 (enhanced display) page 28 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 5 24025 Harford MD\n 5 24027 Howard MD\n 5 24029 Kent MD\n 5 24031 Montgomery MD\n 5 24033 Prince George's MD\n 5 24035 Queen Anne's MD\n 5 24037 St. Mary's MD\n 5 24041 Talbot MD\n 5 51510 Alexandria City VA\n 5 51013 Arlington VA\n 5 51059 Fairfax VA\n 5 51600 Fairfax City VA\n 5 51610 Falls Church City VA\n 5 51107 Loudoun VA\n 5 51683 Manassas City VA\n 5 51685 Manassas Park City VA\n 5 51153 Prince William VA\n 6 10001 Kent DE\n 6 10003 New Castle DE\n 6 24015 Cecil MD\n 6 34001 Atlantic NJ\n 6 34005 Burlington NJ\n 6 34007 Camden NJ\n 6 34009 Cape May NJ\n 6 34011 Cumberland NJ\n 6 34015 Gloucester NJ\n 6 34033 Salem NJ\n 6 42011 Berks PA\n 6 42017 Bucks PA\n 6 42029 Chester PA\n 6 42045 Delaware PA\n 6 42071 Lancaster PA\n 6 42091 Montgomery PA\n 6 42101 Philadelphia PA\n 7 25001 Barnstable MA\n 7 25005 Bristol MA\n 7 25007 Dukes MA\n 7 25009 Essex MA\n\n47 CFR 27.9 (enhanced display) page 29 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 7 25017 Middlesex MA\n 7 25019 Nantucket MA\n 7 25021 Norfolk MA\n 7 25023 Plymouth MA\n 7 25025 Suffolk MA\n 7 25027 Worcester MA\n 7 44001 Bristol RI\n 7 44003 Kent RI\n 7 44005 Newport RI\n 7 44007 Providence RI\n 7 44009 Washington RI\n 8 48085 Collin TX\n 8 48113 Dallas TX\n 8 48121 Denton TX\n 8 48139 Ellis TX\n 8 48181 Grayson TX\n 8 48221 Hood TX\n 8 48251 Johnson TX\n 8 48257 Kaufman TX\n 8 48367 Parker TX\n 8 48397 Rockwall TX\n 8 48439 Tarrant TX\n 8 48497 Wise TX\n 9 12011 Broward FL\n 9 12043 Glades FL\n 9 12051 Hendry FL\n 9 12061 Indian River FL\n 9 12085 Martin FL\n 9 12086 Miami-Dade FL\n 9 12087 Monroe FL\n 9 12093 Okeechobee FL\n 9 12099 Palm Beach FL\n 9 12111 St. Lucie FL\n 10 48039 Brazoria TX\n 10 48071 Chambers TX\n 10 48157 Fort Bend TX\n 10 48167 Galveston TX\n 10 48201 Harris TX\n\n47 CFR 27.9 (enhanced display) page 30 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 10 48291 Liberty TX\n 10 48339 Montgomery TX\n 10 48473 Waller TX\n 11 13011 Banks GA\n 11 13013 Barrow GA\n 11 13035 Butts GA\n 11 13057 Cherokee GA\n 11 13059 Clarke GA\n 11 13063 Clayton GA\n 11 13067 Cobb GA\n 11 13085 Dawson GA\n 11 13089 DeKalb GA\n 11 13097 Douglas GA\n 11 13105 Elbert GA\n 11 13113 Fayette GA\n 11 13117 Forsyth GA\n 11 13119 Franklin GA\n 11 13121 Fulton GA\n 11 13133 Greene GA\n 11 13135 Gwinnett GA\n 11 13137 Habersham GA\n 11 13139 Hall GA\n 11 13147 Hart GA\n 11 13151 Henry GA\n 11 13157 Jackson GA\n 11 13159 Jasper GA\n 11 13187 Lumpkin GA\n 11 13195 Madison GA\n 11 13211 Morgan GA\n 11 13217 Newton GA\n 11 13219 Oconee GA\n 11 13221 Oglethorpe GA\n 11 13223 Paulding GA\n 11 13241 Rabun GA\n 11 13247 Rockdale GA\n 11 13257 Stephens GA\n 11 13265 Taliaferro GA\n 11 13297 Walton GA\n\n47 CFR 27.9 (enhanced display) page 31 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 11 13311 White GA\n 12 26049 Genesee MI\n 12 26087 Lapeer MI\n 12 26093 Livingston MI\n 12 26099 Macomb MI\n 12 26125 Oakland MI\n 12 26155 Shiawassee MI\n 12 26147 St. Clair MI\n 12 26161 Washtenaw MI\n 12 26163 Wayne MI\n 13 12009 Brevard FL\n 13 12017 Citrus FL\n 13 12035 Flagler FL\n 13 12049 Hardee FL\n 13 12055 Highlands FL\n 13 12069 Lake FL\n 13 12083 Marion FL\n 13 12095 Orange FL\n 13 12097 Osceola FL\n 13 12105 Polk FL\n 13 12117 Seminole FL\n 13 12119 Sumter FL\n 13 12127 Volusia FL\n 14 39007 Ashtabula OH\n 14 39019 Carroll OH\n 14 39029 Columbiana OH\n 14 39035 Cuyahoga OH\n 14 39043 Erie OH\n 14 39055 Geauga OH\n 14 39077 Huron OH\n 14 39085 Lake OH\n 14 39093 Lorain OH\n 14 39099 Mahoning OH\n 14 39103 Medina OH\n 14 39133 Portage OH\n 14 39151 Stark OH\n 14 39153 Summit OH\n 14 39155 Trumbull OH\n\n47 CFR 27.9 (enhanced display) page 32 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 14 42085 Mercer PA\n 15 04013 Maricopa AZ\n 16 53009 Clallam WA\n 16 53031 Jefferson WA\n 16 53033 King WA\n 16 53035 Kitsap WA\n 16 53053 Pierce WA\n 16 53061 Snohomish WA\n 17 27003 Anoka MN\n 17 27009 Benton MN\n 17 27019 Carver MN\n 17 27025 Chisago MN\n 17 27037 Dakota MN\n 17 27053 Hennepin MN\n 17 27123 Ramsey MN\n 17 27139 Scott MN\n 17 27141 Sherburne MN\n 17 27145 Stearns MN\n 17 27163 Washington MN\n 17 27171 Wright MN\n 17 55109 St. Croix WI\n 18 06073 San Diego CA\n 19 41003 Benton OR\n 19 41005 Clackamas OR\n 19 41007 Clatsop OR\n 19 41009 Columbia OR\n 19 41041 Lincoln OR\n 19 41043 Linn OR\n 19 41047 Marion OR\n 19 41051 Multnomah OR\n 19 41053 Polk OR\n 19 41057 Tillamook OR\n 19 41067 Washington OR\n 19 41071 Yamhill OR\n 19 53011 Clark WA\n 19 53015 Cowlitz WA\n 19 53069 Wahkiakum WA\n 20 08001 Adams CO\n\n47 CFR 27.9 (enhanced display) page 33 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 20 08005 Arapahoe CO\n 20 08013 Boulder CO\n 20 08014 Broomfield CO\n 20 08031 Denver CO\n 20 08035 Douglas CO\n 20 08047 Gilpin CO\n 20 08059 Jefferson CO\n 21 12053 Hernando FL\n 21 12057 Hillsborough FL\n 21 12101 Pasco FL\n 21 12103 Pinellas FL\n 22 06005 Amador CA\n 22 06007 Butte CA\n 22 06011 Colusa CA\n 22 06017 El Dorado CA\n 22 06021 Glenn CA\n 22 06057 Nevada CA\n 22 06061 Placer CA\n 22 06067 Sacramento CA\n 22 06101 Sutter CA\n 22 06113 Yolo CA\n 22 06115 Yuba CA\n 23 42003 Allegheny PA\n 23 42005 Armstrong PA\n 23 42007 Beaver PA\n 23 42019 Butler PA\n 23 42063 Indiana PA\n 23 42073 Lawrence PA\n 23 42125 Washington PA\n 23 42129 Westmoreland PA\n 24 17005 Bond IL\n 24 17027 Clinton IL\n 24 17121 Marion IL\n 24 17133 Monroe IL\n 24 17163 St. Clair IL\n 24 29071 Franklin MO\n 24 29099 Jefferson MO\n 24 29183 St. Charles MO\n\n47 CFR 27.9 (enhanced display) page 34 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 24 29189 St. Louis MO\n 24 29510 St. Louis City MO\n 25 21015 Boone KY\n 25 21023 Bracken KY\n 25 21037 Campbell KY\n 25 21077 Gallatin KY\n 25 21081 Grant KY\n 25 21117 Kenton KY\n 25 21135 Lewis KY\n 25 21161 Mason KY\n 25 21191 Pendleton KY\n 25 39001 Adams OH\n 25 39015 Brown OH\n 25 39017 Butler OH\n 25 39025 Clermont OH\n 25 39027 Clinton OH\n 25 39061 Hamilton OH\n 25 39071 Highland OH\n 25 39165 Warren OH\n 26 04015 Mohave AZ\n 26 32003 Clark NV\n 27 49011 Davis UT\n 27 49035 Salt Lake UT\n 27 49045 Tooele UT\n 27 49049 Utah UT\n 27 49057 Weber UT\n 28 48013 Atascosa TX\n 28 48029 Bexar TX\n 28 48091 Comal TX\n 28 48187 Guadalupe TX\n 29 12001 Alachua FL\n 29 12003 Baker FL\n 29 12007 Bradford FL\n 29 12019 Clay FL\n 29 12023 Columbia FL\n 29 12029 Dixie FL\n 29 12031 Duval FL\n 29 12041 Gilchrist FL\n\n47 CFR 27.9 (enhanced display) page 35 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 29 12047 Hamilton FL\n 29 12067 Lafayette FL\n 29 12075 Levy FL\n 29 12089 Nassau FL\n 29 12107 Putnam FL\n 29 12109 St. Johns FL\n 29 12121 Suwannee FL\n 29 12125 Union FL\n 30 20091 Johnson KS\n 30 20209 Wyandotte KS\n 30 29037 Cass MO\n 30 29047 Clay MO\n 30 29095 Jackson MO\n 30 29165 Platte MO\n 30 29177 Ray MO\n 31 18011 Boone IN\n 31 18035 Delaware IN\n 31 18057 Hamilton IN\n 31 18063 Hendricks IN\n 31 18081 Johnson IN\n 31 18095 Madison IN\n 31 18097 Marion IN\n 32 21047 Christian KY\n 32 47021 Cheatham TN\n 32 47037 Davidson TN\n 32 47043 Dickson TN\n 32 47125 Montgomery TN\n 32 47147 Robertson TN\n 32 47149 Rutherford TN\n 32 47165 Sumner TN\n 32 47187 Williamson TN\n 32 47189 Wilson TN\n 33 37053 Currituck NC\n 33 51550 Chesapeake City VA\n 33 51620 Franklin City VA\n 33 51073 Gloucester VA\n 33 51650 Hampton City VA\n 33 51093 Isle of Wight VA\n\n47 CFR 27.9 (enhanced display) page 36 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 33 51095 James City VA\n 33 51115 Mathews VA\n 33 51700 Newport News City VA\n 33 51710 Norfolk City VA\n 33 51735 Poquoson City VA\n 33 51740 Portsmouth City VA\n 33 51175 Southampton VA\n 33 51800 Suffolk City VA\n 33 51181 Surry VA\n 33 51810 Virginia Beach City VA\n 33 51830 Williamsburg City VA\n 33 51199 York VA\n 34 06019 Fresno CA\n 34 06031 Kings CA\n 34 06039 Madera CA\n 34 06107 Tulare CA\n 35 48209 Hays TX\n 35 48331 Milam TX\n 35 48453 Travis TX\n 35 48491 Williamson TX\n 36 22051 Jefferson Parish LA\n 36 22057 Lafourche Parish LA\n 36 22071 Orleans Parish LA\n 36 22075 Plaquemines Parish LA\n 36 22087 St. Bernard Parish LA\n 36 22089 St. Charles Parish LA\n 36 22093 St. James Parish LA\n 36 22095 St. John the Baptist Parish LA\n 36 22103 St. Tammany Parish LA\n 36 22105 Tangipahoa Parish LA\n 36 22109 Terrebonne Parish LA\n 36 22117 Washington Parish LA\n 36 28109 Pearl River MS\n 37 39041 Delaware OH\n 37 39045 Fairfield OH\n 37 39049 Franklin OH\n 37 39097 Madison OH\n 37 39129 Pickaway OH\n\n47 CFR 27.9 (enhanced display) page 37 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 38 55079 Milwaukee WI\n 38 55089 Ozaukee WI\n 38 55131 Washington WI\n 38 55133 Waukesha WI\n 39 40017 Canadian OK\n 39 40027 Cleveland OK\n 39 40031 Comanche OK\n 39 40051 Grady OK\n 39 40081 Lincoln OK\n 39 40083 Logan OK\n 39 40087 McClain OK\n 39 40109 Oklahoma OK\n 39 40125 Pottawatomie OK\n 40 01015 Calhoun AL\n 40 01073 Jefferson AL\n 40 01117 Shelby AL\n 40 01115 St. Clair AL\n 40 01121 Talladega AL\n 40 01125 Tuscaloosa AL\n 40 01127 Walker AL\n 41 36011 Cayuga NY\n 41 36017 Chenango NY\n 41 36023 Cortland NY\n 41 36025 Delaware NY\n 41 36043 Herkimer NY\n 41 36053 Madison NY\n 41 36065 Oneida NY\n 41 36067 Onondaga NY\n 41 36075 Oswego NY\n 41 36077 Otsego NY\n 41 36097 Schuyler NY\n 41 36109 Tompkins NY\n 42 15001 Hawaii HI\n 42 15003 Honolulu HI\n 42 15005 Kalawao HI\n 42 15007 Kauai HI\n 42 15009 Maui HI\n 43 37071 Gaston NC\n\n47 CFR 27.9 (enhanced display) page 38 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 43 37119 Mecklenburg NC\n 43 37179 Union NC\n 44 36037 Genesee NY\n 44 36051 Livingston NY\n 44 36055 Monroe NY\n 44 36069 Ontario NY\n 44 36073 Orleans NY\n 44 36099 Seneca NY\n 44 36101 Steuben NY\n 44 36117 Wayne NY\n 44 36121 Wyoming NY\n 44 36123 Yates NY\n 45 37063 Durham NC\n 45 37135 Orange NC\n 45 37183 Wake NC\n 46 05005 Baxter AR\n 46 05009 Boone AR\n 46 05015 Carroll AR\n 46 05023 Cleburne AR\n 46 05029 Conway AR\n 46 05045 Faulkner AR\n 46 05049 Fulton AR\n 46 05063 Independence AR\n 46 05065 Izard AR\n 46 05067 Jackson AR\n 46 05069 Jefferson AR\n 46 05071 Johnson AR\n 46 05085 Lonoke AR\n 46 05089 Marion AR\n 46 05101 Newton AR\n 46 05105 Perry AR\n 46 05115 Pope AR\n 46 05117 Prairie AR\n 46 05119 Pulaski AR\n 46 05125 Saline AR\n 46 05129 Searcy AR\n 46 05135 Sharp AR\n 46 05137 Stone AR\n\n47 CFR 27.9 (enhanced display) page 39 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 46 05141 Van Buren AR\n 46 05145 White AR\n 46 05147 Woodruff AR\n 46 05149 Yell AR\n 47 48061 Cameron TX\n 47 48215 Hidalgo TX\n 47 48427 Starr TX\n 47 48489 Willacy TX\n 48 42001 Adams PA\n 48 42041 Cumberland PA\n 48 42043 Dauphin PA\n 48 42067 Juniata PA\n 48 42075 Lebanon PA\n 48 42099 Perry PA\n 48 42133 York PA\n 49 36001 Albany NY\n 49 36021 Columbia NY\n 49 36035 Fulton NY\n 49 36039 Greene NY\n 49 36041 Hamilton NY\n 49 36057 Montgomery NY\n 49 36083 Rensselaer NY\n 49 36091 Saratoga NY\n 49 36093 Schenectady NY\n 49 36095 Schoharie NY\n 49 36113 Warren NY\n 49 36115 Washington NY\n 50 37149 Polk NC\n 50 45007 Anderson SC\n 50 45021 Cherokee SC\n 50 45045 Greenville SC\n 50 45073 Oconee SC\n 50 45077 Pickens SC\n 50 45083 Spartanburg SC\n 50 45087 Union SC\n 51 18019 Clark IN\n 51 18043 Floyd IN\n 51 18077 Jefferson IN\n\n47 CFR 27.9 (enhanced display) page 40 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 51 18143 Scott IN\n 51 21029 Bullitt KY\n 51 21041 Carroll KY\n 51 21103 Henry KY\n 51 21111 Jefferson KY\n 51 21185 Oldham KY\n 51 21211 Shelby KY\n 51 21223 Trimble KY\n 52 21019 Boyd KY\n 52 21043 Carter KY\n 52 21063 Elliott KY\n 52 21089 Greenup KY\n 52 39053 Gallia OH\n 52 39087 Lawrence OH\n 52 39105 Meigs OH\n 52 39167 Washington OH\n 52 54005 Boone WV\n 52 54007 Braxton WV\n 52 54011 Cabell WV\n 52 54013 Calhoun WV\n 52 54015 Clay WV\n 52 54019 Fayette WV\n 52 54021 Gilmer WV\n 52 54035 Jackson WV\n 52 54039 Kanawha WV\n 52 54043 Lincoln WV\n 52 54045 Logan WV\n 52 54053 Mason WV\n 52 54067 Nicholas WV\n 52 54073 Pleasants WV\n 52 54079 Putnam WV\n 52 54081 Raleigh WV\n 52 54085 Ritchie WV\n 52 54087 Roane WV\n 52 54089 Summers WV\n 52 54099 Wayne WV\n 52 54101 Webster WV\n 52 54105 Wirt WV\n\n47 CFR 27.9 (enhanced display) page 41 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 52 54107 Wood WV\n 52 54109 Wyoming WV\n 53 04003 Cochise AZ\n 53 04019 Pima AZ\n 53 04023 Santa Cruz AZ\n 54 36029 Erie NY\n 54 36063 Niagara NY\n 55 01033 Colbert AL\n 55 01049 DeKalb AL\n 55 01055 Etowah AL\n 55 01059 Franklin AL\n 55 01071 Jackson AL\n 55 01077 Lauderdale AL\n 55 01079 Lawrence AL\n 55 01083 Limestone AL\n 55 01089 Madison AL\n 55 01095 Marshall AL\n 55 01103 Morgan AL\n 55 47103 Lincoln TN\n 56 26005 Allegan MI\n 56 26015 Barry MI\n 56 26023 Branch MI\n 56 26025 Calhoun MI\n 56 26067 Ionia MI\n 56 26077 Kalamazoo MI\n 56 26107 Mecosta MI\n 56 26117 Montcalm MI\n 56 26121 Muskegon MI\n 56 26123 Newaygo MI\n 56 26127 Oceana MI\n 56 26159 Van Buren MI\n 57 51036 Charles City VA\n 57 51041 Chesterfield VA\n 57 51057 Essex VA\n 57 51075 Goochland VA\n 57 51085 Hanover VA\n 57 51087 Henrico VA\n 57 51097 King and Queen VA\n\n47 CFR 27.9 (enhanced display) page 42 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 57 51101 King William VA\n 57 51103 Lancaster VA\n 57 51119 Middlesex VA\n 57 51127 New Kent VA\n 57 51133 Northumberland VA\n 57 51145 Powhatan VA\n 57 51159 Richmond VA\n 57 51760 Richmond City VA\n 58 17023 Clark IL\n 58 18007 Benton IN\n 58 18015 Carroll IN\n 58 18017 Cass IN\n 58 18021 Clay IN\n 58 18023 Clinton IN\n 58 18045 Fountain IN\n 58 18055 Greene IN\n 58 18067 Howard IN\n 58 18093 Lawrence IN\n 58 18103 Miami IN\n 58 18105 Monroe IN\n 58 18107 Montgomery IN\n 58 18109 Morgan IN\n 58 18117 Orange IN\n 58 18119 Owen IN\n 58 18121 Parke IN\n 58 18133 Putnam IN\n 58 18153 Sullivan IN\n 58 18157 Tippecanoe IN\n 58 18159 Tipton IN\n 58 18165 Vermillion IN\n 58 18167 Vigo IN\n 58 18171 Warren IN\n 58 18181 White IN\n 59 05035 Crittenden AR\n 59 47157 Shelby TN\n 59 47167 Tipton TN\n 60 33001 Belknap NH\n 60 33011 Hillsborough NH\n\n47 CFR 27.9 (enhanced display) page 43 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 60 33013 Merrimack NH\n 60 33015 Rockingham NH\n 60 33017 Strafford NH\n 61 39039 Defiance OH\n 61 39051 Fulton OH\n 61 39063 Hancock OH\n 61 39065 Hardin OH\n 61 39069 Henry OH\n 61 39095 Lucas OH\n 61 39123 Ottawa OH\n 61 39125 Paulding OH\n 61 39143 Sandusky OH\n 61 39147 Seneca OH\n 61 39171 Williams OH\n 61 39173 Wood OH\n 61 39175 Wyandot OH\n 62 39021 Champaign OH\n 62 39023 Clark OH\n 62 39057 Greene OH\n 62 39109 Miami OH\n 62 39113 Montgomery OH\n 62 39135 Preble OH\n 63 40021 Cherokee OK\n 63 40037 Creek OK\n 63 40097 Mayes OK\n 63 40113 Osage OK\n 63 40131 Rogers OK\n 63 40143 Tulsa OK\n 63 40145 Wagoner OK\n 64 18039 Elkhart IN\n 64 18049 Fulton IN\n 64 18085 Kosciusko IN\n 64 18087 Lagrange IN\n 64 18099 Marshall IN\n 64 18131 Pulaski IN\n 64 18141 St. Joseph IN\n 64 18149 Starke IN\n 64 26021 Berrien MI\n\n47 CFR 27.9 (enhanced display) page 44 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 64 26027 Cass MI\n 64 26149 St. Joseph MI\n 65 12021 Collier FL\n 65 12071 Lee FL\n 66 26037 Clinton MI\n 66 26045 Eaton MI\n 66 26059 Hillsdale MI\n 66 26065 Ingham MI\n 66 26075 Jackson MI\n 66 26091 Lenawee MI\n 66 26115 Monroe MI\n 67 12015 Charlotte FL\n 67 12027 DeSoto FL\n 67 12081 Manatee FL\n 67 12115 Sarasota FL\n 68 26081 Kent MI\n 68 26139 Ottawa MI\n 69 25003 Berkshire MA\n 69 25011 Franklin MA\n 69 25013 Hampden MA\n 69 25015 Hampshire MA\n 69 50003 Bennington VT\n 70 06015 Del Norte CA\n 70 41011 Coos OR\n 70 41015 Curry OR\n 70 41019 Douglas OR\n 70 41029 Jackson OR\n 70 41033 Josephine OR\n 70 41039 Lane OR\n 71 47001 Anderson TN\n 71 47009 Blount TN\n 71 47013 Campbell TN\n 71 47093 Knox TN\n 71 47105 Loudon TN\n 71 47129 Morgan TN\n 71 47145 Roane TN\n 71 47151 Scott TN\n 71 47173 Union TN\n\n47 CFR 27.9 (enhanced display) page 45 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 72 12005 Bay FL\n 72 12013 Calhoun FL\n 72 12037 Franklin FL\n 72 12039 Gadsden FL\n 72 12045 Gulf FL\n 72 12063 Jackson FL\n 72 12065 Jefferson FL\n 72 12073 Leon FL\n 72 12077 Liberty FL\n 72 12079 Madison FL\n 72 12123 Taylor FL\n 72 12129 Wakulla FL\n 72 13087 Decatur GA\n 72 13099 Early GA\n 72 13131 Grady GA\n 72 13201 Miller GA\n 72 13253 Seminole GA\n 72 13275 Thomas GA\n 73 48141 El Paso TX\n 74 13047 Catoosa GA\n 74 13083 Dade GA\n 74 13295 Walker GA\n 74 47007 Bledsoe TN\n 74 47011 Bradley TN\n 74 47065 Hamilton TN\n 74 47115 Marion TN\n 74 47107 McMinn TN\n 74 47121 Meigs TN\n 74 47123 Monroe TN\n 74 47139 Polk TN\n 74 47143 Rhea TN\n 74 47153 Sequatchie TN\n 75 35001 Bernalillo NM\n 75 35043 Sandoval NM\n 76 06003 Alpine CA\n 76 06027 Inyo CA\n 76 06035 Lassen CA\n 76 06051 Mono CA\n\n47 CFR 27.9 (enhanced display) page 46 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 76 06063 Plumas CA\n 76 06091 Sierra CA\n 76 32510 Carson City NV\n 76 32001 Churchill NV\n 76 32005 Douglas NV\n 76 32007 Elko NV\n 76 32011 Eureka NV\n 76 32013 Humboldt NV\n 76 32015 Lander NV\n 76 32019 Lyon NV\n 76 32027 Pershing NV\n 76 32029 Storey NV\n 76 32031 Washoe NV\n 76 32033 White Pine NV\n 77 23001 Androscoggin ME\n 77 23005 Cumberland ME\n 77 23007 Franklin ME\n 77 23013 Knox ME\n 77 23015 Lincoln ME\n 77 23017 Oxford ME\n 77 23023 Sagadahoc ME\n 77 23031 York ME\n 78 37001 Alamance NC\n 78 37081 Guilford NC\n 78 37151 Randolph NC\n 79 28001 Adams MS\n 79 28005 Amite MS\n 79 28021 Claiborne MS\n 79 28023 Clarke MS\n 79 28029 Copiah MS\n 79 28031 Covington MS\n 79 28035 Forrest MS\n 79 28037 Franklin MS\n 79 28041 Greene MS\n 79 28061 Jasper MS\n 79 28063 Jefferson MS\n 79 28065 Jefferson Davis MS\n 79 28067 Jones MS\n\n47 CFR 27.9 (enhanced display) page 47 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 79 28069 Kemper MS\n 79 28073 Lamar MS\n 79 28075 Lauderdale MS\n 79 28077 Lawrence MS\n 79 28079 Leake MS\n 79 28085 Lincoln MS\n 79 28091 Marion MS\n 79 28099 Neshoba MS\n 79 28101 Newton MS\n 79 28111 Perry MS\n 79 28113 Pike MS\n 79 28123 Scott MS\n 79 28127 Simpson MS\n 79 28129 Smith MS\n 79 28147 Walthall MS\n 79 28153 Wayne MS\n 80 19155 Pottawattamie IA\n 80 31055 Douglas NE\n 80 31153 Sarpy NE\n 81 26001 Alcona MI\n 81 26011 Arenac MI\n 81 26017 Bay MI\n 81 26035 Clare MI\n 81 26051 Gladwin MI\n 81 26057 Gratiot MI\n 81 26063 Huron MI\n 81 26069 Iosco MI\n 81 26073 Isabella MI\n 81 26111 Midland MI\n 81 26129 Ogemaw MI\n 81 26145 Saginaw MI\n 81 26151 Sanilac MI\n 81 26157 Tuscola MI\n 82 22005 Ascension Parish LA\n 82 22007 Assumption Parish LA\n 82 22033 East Baton Rouge Parish LA\n 82 22047 Iberville Parish LA\n 82 22063 Livingston Parish LA\n\n47 CFR 27.9 (enhanced display) page 48 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 82 22121 West Baton Rouge Parish LA\n 83 18001 Adams IN\n 83 18003 Allen IN\n 83 18009 Blackford IN\n 83 18033 De Kalb IN\n 83 18053 Grant IN\n 83 18069 Huntington IN\n 83 18075 Jay IN\n 83 18113 Noble IN\n 83 18151 Steuben IN\n 83 18169 Wabash IN\n 83 18179 Wells IN\n 83 18183 Whitley IN\n 84 01003 Baldwin AL\n 84 01025 Clarke AL\n 84 01035 Conecuh AL\n 84 01053 Escambia AL\n 84 01097 Mobile AL\n 84 01099 Monroe AL\n 84 01129 Washington AL\n 84 01131 Wilcox AL\n 85 45015 Berkeley SC\n 85 45019 Charleston SC\n 85 45029 Colleton SC\n 85 45035 Dorchester SC\n 86 21005 Anderson KY\n 86 21011 Bath KY\n 86 21017 Bourbon KY\n 86 21049 Clark KY\n 86 21067 Fayette KY\n 86 21069 Fleming KY\n 86 21073 Franklin KY\n 86 21097 Harrison KY\n 86 21113 Jessamine KY\n 86 21165 Menifee KY\n 86 21167 Mercer KY\n 86 21173 Montgomery KY\n 86 21181 Nicholas KY\n\n47 CFR 27.9 (enhanced display) page 49 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 86 21187 Owen KY\n 86 21201 Robertson KY\n 86 21205 Rowan KY\n 86 21209 Scott KY\n 86 21239 Woodford KY\n 87 12033 Escambia FL\n 87 12091 Okaloosa FL\n 87 12113 Santa Rosa FL\n 87 12131 Walton FL\n 88 24001 Allegany MD\n 88 24021 Frederick MD\n 88 24023 Garrett MD\n 88 24043 Washington MD\n 88 42055 Franklin PA\n 88 42057 Fulton PA\n 88 54057 Mineral WV\n 89 45063 Lexington SC\n 89 45079 Richland SC\n 90 22025 Catahoula Parish LA\n 90 22029 Concordia Parish LA\n 90 22065 Madison Parish LA\n 90 22107 Tensas Parish LA\n 90 28007 Attala MS\n 90 28049 Hinds MS\n 90 28051 Holmes MS\n 90 28089 Madison MS\n 90 28121 Rankin MS\n 90 28149 Warren MS\n 90 28163 Yazoo MS\n 91 08041 El Paso CO\n 91 08119 Teller CO\n 92 17019 Champaign IL\n 92 17025 Clay IL\n 92 17029 Coles IL\n 92 17035 Cumberland IL\n 92 17041 Douglas IL\n 92 17045 Edgar IL\n 92 17049 Effingham IL\n\n47 CFR 27.9 (enhanced display) page 50 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 92 17051 Fayette IL\n 92 17053 Ford IL\n 92 17079 Jasper IL\n 92 17115 Macon IL\n 92 17139 Moultrie IL\n 92 17147 Piatt IL\n 92 17173 Shelby IL\n 92 17183 Vermilion IL\n 93 22001 Acadia Parish LA\n 93 22039 Evangeline Parish LA\n 93 22045 Iberia Parish LA\n 93 22055 Lafayette Parish LA\n 93 22097 St. Landry Parish LA\n 93 22099 St. Martin Parish LA\n 93 22101 St. Mary Parish LA\n 93 22113 Vermilion Parish LA\n 94 48027 Bell TX\n 94 48099 Coryell TX\n 94 48145 Falls TX\n 94 48309 McLennan TX\n 95 21025 Breathitt KY\n 95 21065 Estill KY\n 95 21071 Floyd KY\n 95 21109 Jackson KY\n 95 21115 Johnson KY\n 95 21119 Knott KY\n 95 21127 Lawrence KY\n 95 21129 Lee KY\n 95 21133 Letcher KY\n 95 21153 Magoffin KY\n 95 21159 Martin KY\n 95 21175 Morgan KY\n 95 21189 Owsley KY\n 95 21193 Perry KY\n 95 21195 Pike KY\n 95 21197 Powell KY\n 95 21237 Wolfe KY\n 95 51021 Bland VA\n\n47 CFR 27.9 (enhanced display) page 51 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 95 51027 Buchanan VA\n 95 51051 Dickenson VA\n 95 51105 Lee VA\n 95 51720 Norton City VA\n 95 51167 Russell VA\n 95 51185 Tazewell VA\n 95 51195 Wise VA\n 95 54047 McDowell WV\n 95 54055 Mercer WV\n 95 54059 Mingo WV\n 96 21001 Adair KY\n 96 21013 Bell KY\n 96 21021 Boyle KY\n 96 21045 Casey KY\n 96 21051 Clay KY\n 96 21053 Clinton KY\n 96 21079 Garrard KY\n 96 21087 Green KY\n 96 21095 Harlan KY\n 96 21121 Knox KY\n 96 21125 Laurel KY\n 96 21131 Leslie KY\n 96 21137 Lincoln KY\n 96 21151 Madison KY\n 96 21147 McCreary KY\n 96 21199 Pulaski KY\n 96 21203 Rockcastle KY\n 96 21207 Russell KY\n 96 21217 Taylor KY\n 96 21231 Wayne KY\n 96 21235 Whitley KY\n 96 47025 Claiborne TN\n 97 19143 Osceola IA\n 97 27013 Blue Earth MN\n 97 27015 Brown MN\n 97 27023 Chippewa MN\n 97 27033 Cottonwood MN\n 97 27043 Faribault MN\n\n47 CFR 27.9 (enhanced display) page 52 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 97 27047 Freeborn MN\n 97 27063 Jackson MN\n 97 27067 Kandiyohi MN\n 97 27073 Lac qui Parle MN\n 97 27079 Le Sueur MN\n 97 27081 Lincoln MN\n 97 27083 Lyon MN\n 97 27091 Martin MN\n 97 27085 McLeod MN\n 97 27093 Meeker MN\n 97 27101 Murray MN\n 97 27103 Nicollet MN\n 97 27105 Nobles MN\n 97 27127 Redwood MN\n 97 27129 Renville MN\n 97 27131 Rice MN\n 97 27143 Sibley MN\n 97 27147 Steele MN\n 97 27161 Waseca MN\n 97 27165 Watonwan MN\n 97 27173 Yellow Medicine MN\n 98 47019 Carter TN\n 98 47059 Greene TN\n 98 47073 Hawkins TN\n 98 47163 Sullivan TN\n 98 47171 Unicoi TN\n 98 47179 Washington TN\n 98 51520 Bristol City VA\n 98 51169 Scott VA\n 98 51173 Smyth VA\n 98 51191 Washington VA\n 99 28003 Alcorn MS\n 99 28013 Calhoun MS\n 99 28017 Chickasaw MS\n 99 28019 Choctaw MS\n 99 28025 Clay MS\n 99 28043 Grenada MS\n 99 28057 Itawamba MS\n\n47 CFR 27.9 (enhanced display) page 53 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 99 28081 Lee MS\n 99 28087 Lowndes MS\n 99 28095 Monroe MS\n 99 28097 Montgomery MS\n 99 28103 Noxubee MS\n 99 28105 Oktibbeha MS\n 99 28115 Pontotoc MS\n 99 28117 Prentiss MS\n 99 28139 Tippah MS\n 99 28141 Tishomingo MS\n 99 28145 Union MS\n 99 28155 Webster MS\n 99 28159 Winston MS\n 99 47071 Hardin TN\n 99 47109 McNairy TN\n 100 37013 Beaufort NC\n 100 37031 Carteret NC\n 100 37049 Craven NC\n 100 37055 Dare NC\n 100 37079 Greene NC\n 100 37095 Hyde NC\n 100 37103 Jones NC\n 100 37107 Lenoir NC\n 100 37117 Martin NC\n 100 37137 Pamlico NC\n 100 37147 Pitt NC\n 100 37177 Tyrrell NC\n 100 37187 Washington NC\n 101 20015 Butler KS\n 101 20173 Sedgwick KS\n 102 08015 Chaffee CO\n 102 08019 Clear Creek CO\n 102 08027 Custer CO\n 102 08029 Delta CO\n 102 08037 Eagle CO\n 102 08043 Fremont CO\n 102 08045 Garfield CO\n 102 08049 Grand CO\n\n47 CFR 27.9 (enhanced display) page 54 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 102 08051 Gunnison CO\n 102 08053 Hinsdale CO\n 102 08057 Jackson CO\n 102 08065 Lake CO\n 102 08077 Mesa CO\n 102 08081 Moffat CO\n 102 08085 Montrose CO\n 102 08091 Ouray CO\n 102 08093 Park CO\n 102 08097 Pitkin CO\n 102 08103 Rio Blanco CO\n 102 08107 Routt CO\n 102 08113 San Miguel CO\n 102 08117 Summit CO\n 103 51043 Clarke VA\n 103 51061 Fauquier VA\n 103 51069 Frederick VA\n 103 51139 Page VA\n 103 51157 Rappahannock VA\n 103 51171 Shenandoah VA\n 103 51187 Warren VA\n 103 51840 Winchester City VA\n 103 54003 Berkeley WV\n 103 54023 Grant WV\n 103 54027 Hampshire WV\n 103 54031 Hardy WV\n 103 54037 Jefferson WV\n 103 54065 Morgan WV\n 103 54083 Randolph WV\n 103 54093 Tucker WV\n 104 08069 Larimer CO\n 104 08123 Weld CO\n 105 13073 Columbia GA\n 105 13181 Lincoln GA\n 105 13189 McDuffie GA\n 105 13245 Richmond GA\n 105 13317 Wilkes GA\n 105 45003 Aiken SC\n\n47 CFR 27.9 (enhanced display) page 55 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 105 45037 Edgefield SC\n 106 39009 Athens OH\n 106 39047 Fayette OH\n 106 39059 Guernsey OH\n 106 39073 Hocking OH\n 106 39079 Jackson OH\n 106 39115 Morgan OH\n 106 39119 Muskingum OH\n 106 39121 Noble OH\n 106 39127 Perry OH\n 106 39131 Pike OH\n 106 39141 Ross OH\n 106 39145 Scioto OH\n 106 39163 Vinton OH\n 107 23003 Aroostook ME\n 107 23009 Hancock ME\n 107 23011 Kennebec ME\n 107 23019 Penobscot ME\n 107 23021 Piscataquis ME\n 107 23025 Somerset ME\n 107 23027 Waldo ME\n 107 23029 Washington ME\n 108 19049 Dallas IA\n 108 19153 Polk IA\n 108 19181 Warren IA\n 109 37065 Edgecombe NC\n 109 37069 Franklin NC\n 109 37077 Granville NC\n 109 37083 Halifax NC\n 109 37127 Nash NC\n 109 37131 Northampton NC\n 109 37145 Person NC\n 109 37181 Vance NC\n 109 37185 Warren NC\n 109 37195 Wilson NC\n 110 21075 Fulton KY\n 110 21105 Hickman KY\n 110 47005 Benton TN\n\n47 CFR 27.9 (enhanced display) page 56 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 110 47017 Carroll TN\n 110 47023 Chester TN\n 110 47033 Crockett TN\n 110 47039 Decatur TN\n 110 47045 Dyer TN\n 110 47047 Fayette TN\n 110 47053 Gibson TN\n 110 47069 Hardeman TN\n 110 47075 Haywood TN\n 110 47077 Henderson TN\n 110 47079 Henry TN\n 110 47095 Lake TN\n 110 47097 Lauderdale TN\n 110 47113 Madison TN\n 110 47131 Obion TN\n 110 47183 Weakley TN\n 111 05007 Benton AR\n 111 05087 Madison AR\n 111 05143 Washington AR\n 111 29119 McDonald MO\n 111 40001 Adair OK\n 111 40041 Delaware OK\n 112 21003 Allen KY\n 112 21009 Barren KY\n 112 21031 Butler KY\n 112 21057 Cumberland KY\n 112 21061 Edmonson KY\n 112 21099 Hart KY\n 112 21141 Logan KY\n 112 21169 Metcalfe KY\n 112 21171 Monroe KY\n 112 21213 Simpson KY\n 112 21219 Todd KY\n 112 21227 Warren KY\n 112 47027 Clay TN\n 112 47035 Cumberland TN\n 112 47049 Fentress TN\n 112 47087 Jackson TN\n\n47 CFR 27.9 (enhanced display) page 57 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 112 47111 Macon TN\n 112 47133 Overton TN\n 112 47137 Pickett TN\n 112 47141 Putnam TN\n 112 47169 Trousdale TN\n 113 42031 Clarion PA\n 113 42039 Crawford PA\n 113 42049 Erie PA\n 113 42053 Forest PA\n 113 42121 Venango PA\n 113 42123 Warren PA\n 114 42051 Fayette PA\n 114 42059 Greene PA\n 114 54001 Barbour WV\n 114 54017 Doddridge WV\n 114 54033 Harrison WV\n 114 54041 Lewis WV\n 114 54049 Marion WV\n 114 54061 Monongalia WV\n 114 54077 Preston WV\n 114 54091 Taylor WV\n 114 54097 Upshur WV\n 115 37021 Buncombe NC\n 115 37087 Haywood NC\n 115 37089 Henderson NC\n 115 37099 Jackson NC\n 115 37115 Madison NC\n 115 37173 Swain NC\n 115 37175 Transylvania NC\n 116 17007 Boone IL\n 116 17201 Winnebago IL\n 116 55105 Rock WI\n 117 13045 Carroll GA\n 117 13077 Coweta GA\n 117 13143 Haralson GA\n 117 13149 Heard GA\n 117 13171 Lamar GA\n 117 13199 Meriwether GA\n\n47 CFR 27.9 (enhanced display) page 58 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 117 13231 Pike GA\n 117 13255 Spalding GA\n 117 13263 Talbot GA\n 117 13285 Troup GA\n 117 13293 Upson GA\n 118 18005 Bartholomew IN\n 118 18013 Brown IN\n 118 18031 Decatur IN\n 118 18041 Fayette IN\n 118 18059 Hancock IN\n 118 18065 Henry IN\n 118 18071 Jackson IN\n 118 18079 Jennings IN\n 118 18135 Randolph IN\n 118 18139 Rush IN\n 118 18145 Shelby IN\n 118 18161 Union IN\n 118 18177 Wayne IN\n 119 53005 Benton WA\n 119 53021 Franklin WA\n 119 53077 Yakima WA\n 120 05027 Columbia AR\n 120 05073 Lafayette AR\n 120 22013 Bienville Parish LA\n 120 22015 Bossier Parish LA\n 120 22017 Caddo Parish LA\n 120 22027 Claiborne Parish LA\n 120 22119 Webster Parish LA\n 120 22127 Winn Parish LA\n 121 42009 Bedford PA\n 121 42013 Blair PA\n 121 42021 Cambria PA\n 121 42061 Huntingdon PA\n 121 42087 Mifflin PA\n 121 42111 Somerset PA\n 122 55025 Dane WI\n 123 39005 Ashland OH\n 123 39033 Crawford OH\n\n47 CFR 27.9 (enhanced display) page 59 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 123 39067 Harrison OH\n 123 39075 Holmes OH\n 123 39139 Richland OH\n 123 39157 Tuscarawas OH\n 123 39169 Wayne OH\n 124 53027 Grays Harbor WA\n 124 53041 Lewis WA\n 124 53045 Mason WA\n 124 53049 Pacific WA\n 124 53067 Thurston WA\n 125 17013 Calhoun IL\n 125 17083 Jersey IL\n 125 17117 Macoupin IL\n 125 17119 Madison IL\n 125 29073 Gasconade MO\n 125 29113 Lincoln MO\n 125 29139 Montgomery MO\n 125 29163 Pike MO\n 125 29219 Warren MO\n 126 04007 Gila AZ\n 126 04009 Graham AZ\n 126 04011 Greenlee AZ\n 126 04021 Pinal AZ\n 127 18027 Daviess IN\n 127 18037 Dubois IN\n 127 18051 Gibson IN\n 127 18083 Knox IN\n 127 18101 Martin IN\n 127 18123 Perry IN\n 127 18125 Pike IN\n 127 18129 Posey IN\n 127 18147 Spencer IN\n 127 18163 Vanderburgh IN\n 127 18173 Warrick IN\n 128 13009 Baldwin GA\n 128 13021 Bibb GA\n 128 13023 Bleckley GA\n 128 13091 Dodge GA\n\n47 CFR 27.9 (enhanced display) page 60 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 128 13153 Houston GA\n 128 13169 Jones GA\n 128 13225 Peach GA\n 128 13235 Pulaski GA\n 128 13289 Twiggs GA\n 128 13315 Wilcox GA\n 128 13319 Wilkinson GA\n 129 17001 Adams IL\n 129 17009 Brown IL\n 129 17017 Cass IL\n 129 17021 Christian IL\n 129 17061 Greene IL\n 129 17107 Logan IL\n 129 17129 Menard IL\n 129 17135 Montgomery IL\n 129 17137 Morgan IL\n 129 17149 Pike IL\n 129 17167 Sangamon IL\n 129 17169 Schuyler IL\n 129 17171 Scott IL\n 130 53063 Spokane WA\n 131 37037 Chatham NC\n 131 37085 Harnett NC\n 131 37101 Johnston NC\n 131 37105 Lee NC\n 131 37163 Sampson NC\n 132 48007 Aransas TX\n 132 48025 Bee TX\n 132 48355 Nueces TX\n 132 48391 Refugio TX\n 132 48409 San Patricio TX\n 133 48005 Angelina TX\n 133 48161 Freestone TX\n 133 48225 Houston TX\n 133 48289 Leon TX\n 133 48293 Limestone TX\n 133 48313 Madison TX\n 133 48347 Nacogdoches TX\n\n47 CFR 27.9 (enhanced display) page 61 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 133 48373 Polk TX\n 133 48395 Robertson TX\n 133 48403 Sabine TX\n 133 48405 San Augustine TX\n 133 48407 San Jacinto TX\n 133 48419 Shelby TX\n 133 48455 Trinity TX\n 133 48471 Walker TX\n 134 39031 Coshocton OH\n 134 39083 Knox OH\n 134 39089 Licking OH\n 134 39091 Logan OH\n 134 39101 Marion OH\n 134 39117 Morrow OH\n 134 39159 Union OH\n 135 48199 Hardin TX\n 135 48241 Jasper TX\n 135 48245 Jefferson TX\n 135 48351 Newton TX\n 135 48361 Orange TX\n 135 48457 Tyler TX\n 136 42035 Clinton PA\n 136 42037 Columbia PA\n 136 42081 Lycoming PA\n 136 42093 Montour PA\n 136 42097 Northumberland PA\n 136 42109 Snyder PA\n 136 42113 Sullivan PA\n 136 42119 Union PA\n 136 42131 Wyoming PA\n 137 27049 Goodhue MN\n 137 55005 Barron WI\n 137 55013 Burnett WI\n 137 55017 Chippewa WI\n 137 55033 Dunn WI\n 137 55035 Eau Claire WI\n 137 55091 Pepin WI\n 137 55093 Pierce WI\n\n47 CFR 27.9 (enhanced display) page 62 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 137 55095 Polk WI\n 137 55107 Rusk WI\n 137 55113 Sawyer WI\n 137 55129 Washburn WI\n 138 50001 Addison VT\n 138 50005 Caledonia VT\n 138 50007 Chittenden VT\n 138 50011 Franklin VT\n 138 50013 Grand Isle VT\n 138 50015 Lamoille VT\n 138 50019 Orleans VT\n 138 50021 Rutland VT\n 138 50023 Washington VT\n 139 05001 Arkansas AR\n 139 05003 Ashley AR\n 139 05011 Bradley AR\n 139 05013 Calhoun AR\n 139 05017 Chicot AR\n 139 05019 Clark AR\n 139 05025 Cleveland AR\n 139 05039 Dallas AR\n 139 05041 Desha AR\n 139 05043 Drew AR\n 139 05051 Garland AR\n 139 05053 Grant AR\n 139 05057 Hempstead AR\n 139 05059 Hot Spring AR\n 139 05061 Howard AR\n 139 05079 Lincoln AR\n 139 05095 Monroe AR\n 139 05097 Montgomery AR\n 139 05099 Nevada AR\n 139 05103 Ouachita AR\n 139 05109 Pike AR\n 139 05139 Union AR\n 140 51033 Caroline VA\n 140 51047 Culpeper VA\n 140 51630 Fredericksburg City VA\n\n47 CFR 27.9 (enhanced display) page 63 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 140 51099 King George VA\n 140 51113 Madison VA\n 140 51137 Orange VA\n 140 51177 Spotsylvania VA\n 140 51179 Stafford VA\n 140 51193 Westmoreland VA\n 141 27001 Aitkin MN\n 141 27007 Beltrami MN\n 141 27021 Cass MN\n 141 27029 Clearwater MN\n 141 27035 Crow Wing MN\n 141 27041 Douglas MN\n 141 27051 Grant MN\n 141 27057 Hubbard MN\n 141 27059 Isanti MN\n 141 27065 Kanabec MN\n 141 27095 Mille Lacs MN\n 141 27097 Morrison MN\n 141 27115 Pine MN\n 141 27121 Pope MN\n 141 27149 Stevens MN\n 141 27151 Swift MN\n 141 27153 Todd MN\n 141 27159 Wadena MN\n 142 06009 Calaveras CA\n 142 06043 Mariposa CA\n 142 06047 Merced CA\n 142 06069 San Benito CA\n 142 06109 Tuolumne CA\n 143 33003 Carroll NH\n 143 33005 Cheshire NH\n 143 33007 Coos NH\n 143 33009 Grafton NH\n 143 33019 Sullivan NH\n 143 50009 Essex VT\n 143 50017 Orange VT\n 143 50025 Windham VT\n 143 50027 Windsor VT\n\n47 CFR 27.9 (enhanced display) page 64 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 144 48063 Camp TX\n 144 48119 Delta TX\n 144 48147 Fannin TX\n 144 48159 Franklin TX\n 144 48223 Hopkins TX\n 144 48231 Hunt TX\n 144 48277 Lamar TX\n 144 48379 Rains TX\n 144 48387 Red River TX\n 144 48449 Titus TX\n 144 48459 Upshur TX\n 144 48467 Van Zandt TX\n 144 48499 Wood TX\n 145 47003 Bedford TN\n 145 47015 Cannon TN\n 145 47031 Coffee TN\n 145 47041 DeKalb TN\n 145 47051 Franklin TN\n 145 47055 Giles TN\n 145 47061 Grundy TN\n 145 47117 Marshall TN\n 145 47119 Maury TN\n 145 47127 Moore TN\n 145 47159 Smith TN\n 145 47175 Van Buren TN\n 145 47177 Warren TN\n 145 47185 White TN\n 146 37019 Brunswick NC\n 146 37047 Columbus NC\n 146 37129 New Hanover NC\n 146 37141 Pender NC\n 147 10005 Sussex DE\n 147 24039 Somerset MD\n 147 24045 Wicomico MD\n 147 24047 Worcester MD\n 147 51001 Accomack VA\n 147 51131 Northampton VA\n 148 53029 Island WA\n\n47 CFR 27.9 (enhanced display) page 65 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 148 53055 San Juan WA\n 148 53057 Skagit WA\n 148 53073 Whatcom WA\n 149 28039 George MS\n 149 28045 Hancock MS\n 149 28047 Harrison MS\n 149 28059 Jackson MS\n 149 28131 Stone MS\n 150 29029 Camden MO\n 150 29059 Dallas MO\n 150 29065 Dent MO\n 150 29085 Hickory MO\n 150 29105 Laclede MO\n 150 29125 Maries MO\n 150 29131 Miller MO\n 150 29141 Morgan MO\n 150 29149 Oregon MO\n 150 29161 Phelps MO\n 150 29167 Polk MO\n 150 29169 Pulaski MO\n 150 29203 Shannon MO\n 150 29215 Texas MO\n 150 29225 Webster MO\n 150 29229 Wright MO\n 151 37067 Forsyth NC\n 151 37169 Stokes NC\n 152 48183 Gregg TX\n 152 48203 Harrison TX\n 152 48423 Smith TX\n 153 55027 Dodge WI\n 153 55039 Fond du Lac WI\n 153 55047 Green Lake WI\n 153 55055 Jefferson WI\n 153 55127 Walworth WI\n 154 45033 Dillon SC\n 154 45043 Georgetown SC\n 154 45051 Horry SC\n 154 45067 Marion SC\n\n47 CFR 27.9 (enhanced display) page 66 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 155 55015 Calumet WI\n 155 55087 Outagamie WI\n 155 55139 Winnebago WI\n 156 16001 Ada ID\n 157 04012 La Paz AZ\n 157 04027 Yuma AZ\n 157 06025 Imperial CA\n 158 30029 Flathead MT\n 158 30039 Granite MT\n 158 30047 Lake MT\n 158 30049 Lewis and Clark MT\n 158 30053 Lincoln MT\n 158 30061 Mineral MT\n 158 30063 Missoula MT\n 158 30077 Powell MT\n 158 30081 Ravalli MT\n 158 30089 Sanders MT\n 159 13007 Baker GA\n 159 13017 Ben Hill GA\n 159 13019 Berrien GA\n 159 13027 Brooks GA\n 159 13037 Calhoun GA\n 159 13061 Clay GA\n 159 13071 Colquitt GA\n 159 13075 Cook GA\n 159 13101 Echols GA\n 159 13155 Irwin GA\n 159 13173 Lanier GA\n 159 13185 Lowndes GA\n 159 13205 Mitchell GA\n 159 13243 Randolph GA\n 159 13273 Terrell GA\n 159 13277 Tift GA\n 159 13287 Turner GA\n 159 13321 Worth GA\n 160 48015 Austin TX\n 160 48051 Burleson TX\n 160 48057 Calhoun TX\n\n47 CFR 27.9 (enhanced display) page 67 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 160 48089 Colorado TX\n 160 48123 DeWitt TX\n 160 48149 Fayette TX\n 160 48175 Goliad TX\n 160 48239 Jackson TX\n 160 48285 Lavaca TX\n 160 48321 Matagorda TX\n 160 48469 Victoria TX\n 160 48477 Washington TX\n 160 48481 Wharton TX\n 161 17003 Alexander IL\n 161 17055 Franklin IL\n 161 17059 Gallatin IL\n 161 17065 Hamilton IL\n 161 17069 Hardin IL\n 161 17077 Jackson IL\n 161 17081 Jefferson IL\n 161 17087 Johnson IL\n 161 17145 Perry IL\n 161 17151 Pope IL\n 161 17153 Pulaski IL\n 161 17157 Randolph IL\n 161 17165 Saline IL\n 161 17181 Union IL\n 161 17189 Washington IL\n 161 17199 Williamson IL\n 162 18025 Crawford IN\n 162 18061 Harrison IN\n 162 18175 Washington IN\n 162 21027 Breckinridge KY\n 162 21085 Grayson KY\n 162 21093 Hardin KY\n 162 21123 Larue KY\n 162 21155 Marion KY\n 162 21163 Meade KY\n 162 21179 Nelson KY\n 162 21215 Spencer KY\n 162 21229 Washington KY\n\n47 CFR 27.9 (enhanced display) page 68 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 163 19163 Scott IA\n 163 17073 Henry IL\n 163 17161 Rock Island IL\n 164 01001 Autauga AL\n 164 01051 Elmore AL\n 164 01101 Montgomery AL\n 165 01017 Chambers AL\n 165 01019 Cherokee AL\n 165 01029 Cleburne AL\n 165 01111 Randolph AL\n 165 13015 Bartow GA\n 165 13055 Chattooga GA\n 165 13115 Floyd GA\n 165 13233 Polk GA\n 166 06049 Modoc CA\n 166 06089 Shasta CA\n 166 06093 Siskiyou CA\n 166 06103 Tehama CA\n 166 41035 Klamath OR\n 167 51005 Alleghany VA\n 167 51015 Augusta VA\n 167 51017 Bath VA\n 167 51530 Buena Vista City VA\n 167 51580 Covington City VA\n 167 51660 Harrisonburg City VA\n 167 51091 Highland VA\n 167 51678 Lexington City VA\n 167 51163 Rockbridge VA\n 167 51165 Rockingham VA\n 167 51790 Staunton City VA\n 167 51820 Waynesboro City VA\n 167 54025 Greenbrier WV\n 167 54071 Pendleton WV\n 167 54075 Pocahontas WV\n 168 17143 Peoria IL\n 168 17179 Tazewell IL\n 168 17203 Woodford IL\n 169 37061 Duplin NC\n\n47 CFR 27.9 (enhanced display) page 69 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 169 37133 Onslow NC\n 169 37191 Wayne NC\n 170 01005 Barbour AL\n 170 01031 Coffee AL\n 170 01039 Covington AL\n 170 01045 Dale AL\n 170 01061 Geneva AL\n 170 01067 Henry AL\n 170 01069 Houston AL\n 170 12059 Holmes FL\n 170 12133 Washington FL\n 170 13239 Quitman GA\n 171 05033 Crawford AR\n 171 05047 Franklin AR\n 171 05083 Logan AR\n 171 05127 Scott AR\n 171 05131 Sebastian AR\n 171 40061 Haskell OK\n 171 40077 Latimer OK\n 171 40079 Le Flore OK\n 171 40135 Sequoyah OK\n 172 27017 Carlton MN\n 172 27031 Cook MN\n 172 27061 Itasca MN\n 172 27071 Koochiching MN\n 172 27075 Lake MN\n 172 27137 St. Louis MN\n 172 55031 Douglas WI\n 173 51019 Bedford VA\n 173 51515 Bedford City VA\n 173 51035 Carroll VA\n 173 51063 Floyd VA\n 173 51067 Franklin VA\n 173 51071 Giles VA\n 173 51121 Montgomery VA\n 173 51155 Pulaski VA\n 173 51750 Radford City VA\n 173 54063 Monroe WV\n\n47 CFR 27.9 (enhanced display) page 70 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 174 29043 Christian MO\n 174 29077 Greene MO\n 175 28009 Benton MS\n 175 28033 DeSoto MS\n 175 28071 Lafayette MS\n 175 28093 Marshall MS\n 175 28107 Panola MS\n 175 28119 Quitman MS\n 175 28137 Tate MS\n 175 28143 Tunica MS\n 175 28161 Yalobusha MS\n 176 19015 Boone IA\n 176 19025 Calhoun IA\n 176 19027 Carroll IA\n 176 19047 Crawford IA\n 176 19073 Greene IA\n 176 19075 Grundy IA\n 176 19079 Hamilton IA\n 176 19083 Hardin IA\n 176 19091 Humboldt IA\n 176 19127 Marshall IA\n 176 19161 Sac IA\n 176 19169 Story IA\n 176 19171 Tama IA\n 176 19187 Webster IA\n 176 19197 Wright IA\n 177 13029 Bryan GA\n 177 13051 Chatham GA\n 177 13103 Effingham GA\n 178 20003 Anderson KS\n 178 20011 Bourbon KS\n 178 20059 Franklin KS\n 178 20107 Linn KS\n 178 20121 Miami KS\n 178 29013 Bates MO\n 178 29015 Benton MO\n 178 29039 Cedar MO\n 178 29083 Henry MO\n\n47 CFR 27.9 (enhanced display) page 71 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 178 29101 Johnson MO\n 178 29107 Lafayette MO\n 178 29159 Pettis MO\n 178 29195 Saline MO\n 178 29185 St. Clair MO\n 178 29217 Vernon MO\n 179 19007 Appanoose IA\n 179 19051 Davis IA\n 179 19057 Des Moines IA\n 179 19087 Henry IA\n 179 19099 Jasper IA\n 179 19101 Jefferson IA\n 179 19107 Keokuk IA\n 179 19111 Lee IA\n 179 19123 Mahaska IA\n 179 19125 Marion IA\n 179 19135 Monroe IA\n 179 19157 Poweshiek IA\n 179 19177 Van Buren IA\n 179 19179 Wapello IA\n 179 17067 Hancock IL\n 179 17071 Henderson IL\n 179 29045 Clark MO\n 179 29199 Scotland MO\n 180 04005 Coconino AZ\n 180 04025 Yavapai AZ\n 181 05081 Little River AR\n 181 05091 Miller AR\n 181 05113 Polk AR\n 181 05133 Sevier AR\n 181 40013 Bryan OK\n 181 40023 Choctaw OK\n 181 40089 McCurtain OK\n 181 40127 Pushmataha OK\n 181 48037 Bowie TX\n 181 48067 Cass TX\n 181 48315 Marion TX\n 181 48343 Morris TX\n\n47 CFR 27.9 (enhanced display) page 72 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 182 19103 Johnson IA\n 182 19113 Linn IA\n 183 29019 Boone MO\n 183 29027 Callaway MO\n 183 29051 Cole MO\n 183 29053 Cooper MO\n 183 29089 Howard MO\n 183 29135 Moniteau MO\n 183 29151 Osage MO\n 184 22021 Caldwell Parish LA\n 184 22035 East Carroll Parish LA\n 184 22041 Franklin Parish LA\n 184 22049 Jackson Parish LA\n 184 22061 Lincoln Parish LA\n 184 22067 Morehouse Parish LA\n 184 22073 Ouachita Parish LA\n 184 22083 Richland Parish LA\n 184 22111 Union Parish LA\n 184 22123 West Carroll Parish LA\n 185 26013 Baraga MI\n 185 26043 Dickinson MI\n 185 26053 Gogebic MI\n 185 26061 Houghton MI\n 185 26071 Iron MI\n 185 26083 Keweenaw MI\n 185 26103 Marquette MI\n 185 26109 Menominee MI\n 185 26131 Ontonagon MI\n 185 55037 Florence WI\n 185 55051 Iron WI\n 185 55075 Marinette WI\n 185 55078 Menominee WI\n 185 55083 Oconto WI\n 185 55115 Shawano WI\n 186 45023 Chester SC\n 186 45057 Lancaster SC\n 186 45091 York SC\n 187 16005 Bannock ID\n\n47 CFR 27.9 (enhanced display) page 73 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 187 16011 Bingham ID\n 187 16019 Bonneville ID\n 187 16033 Clark ID\n 187 16043 Fremont ID\n 187 16051 Jefferson ID\n 187 16065 Madison ID\n 187 16077 Power ID\n 187 16081 Teton ID\n 188 36003 Allegany NY\n 188 36009 Cattaraugus NY\n 188 36013 Chautauqua NY\n 188 42083 McKean PA\n 188 42105 Potter PA\n 189 22003 Allen Parish LA\n 189 22009 Avoyelles Parish LA\n 189 22011 Beauregard Parish LA\n 189 22043 Grant Parish LA\n 189 22059 La Salle Parish LA\n 189 22079 Rapides Parish LA\n 189 22115 Vernon Parish LA\n 190 30019 Daniels MT\n 190 30021 Dawson MT\n 190 30031 Gallatin MT\n 190 30033 Garfield MT\n 190 30037 Golden Valley MT\n 190 30057 Madison MT\n 190 30055 McCone MT\n 190 30065 Musselshell MT\n 190 30067 Park MT\n 190 30069 Petroleum MT\n 190 30083 Richland MT\n 190 30085 Roosevelt MT\n 190 30091 Sheridan MT\n 190 30095 Stillwater MT\n 190 30097 Sweet Grass MT\n 190 30105 Valley MT\n 190 30111 Yellowstone MT\n 191 51007 Amelia VA\n\n47 CFR 27.9 (enhanced display) page 74 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 191 51025 Brunswick VA\n 191 51029 Buckingham VA\n 191 51037 Charlotte VA\n 191 51570 Colonial Heights City VA\n 191 51049 Cumberland VA\n 191 51053 Dinwiddie VA\n 191 51595 Emporia City VA\n 191 51081 Greensville VA\n 191 51670 Hopewell City VA\n 191 51111 Lunenburg VA\n 191 51117 Mecklenburg VA\n 191 51135 Nottoway VA\n 191 51730 Petersburg City VA\n 191 51147 Prince Edward VA\n 191 51149 Prince George VA\n 191 51183 Sussex VA\n 192 37051 Cumberland NC\n 193 20005 Atchison KS\n 193 20043 Doniphan KS\n 193 20045 Douglas KS\n 193 20103 Leavenworth KS\n 193 29003 Andrew MO\n 193 29021 Buchanan MO\n 194 42023 Cameron PA\n 194 42027 Centre PA\n 194 42033 Clearfield PA\n 194 42047 Elk PA\n 194 42065 Jefferson PA\n 195 16009 Benewah ID\n 195 16017 Bonner ID\n 195 16021 Boundary ID\n 195 16035 Clearwater ID\n 195 16049 Idaho ID\n 195 16055 Kootenai ID\n 195 16057 Latah ID\n 195 16061 Lewis ID\n 195 16069 Nez Perce ID\n 195 16079 Shoshone ID\n\n47 CFR 27.9 (enhanced display) page 75 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 196 29017 Bollinger MO\n 196 29023 Butler MO\n 196 29031 Cape Girardeau MO\n 196 29035 Carter MO\n 196 29093 Iron MO\n 196 29123 Madison MO\n 196 29133 Mississippi MO\n 196 29143 New Madrid MO\n 196 29157 Perry MO\n 196 29179 Reynolds MO\n 196 29181 Ripley MO\n 196 29201 Scott MO\n 196 29207 Stoddard MO\n 196 29223 Wayne MO\n 197 39013 Belmont OH\n 197 39081 Jefferson OH\n 197 39111 Monroe OH\n 197 54009 Brooke WV\n 197 54029 Hancock WV\n 197 54051 Marshall WV\n 197 54069 Ohio WV\n 197 54095 Tyler WV\n 197 54103 Wetzel WV\n 198 05021 Clay AR\n 198 05031 Craighead AR\n 198 05055 Greene AR\n 198 05075 Lawrence AR\n 198 05093 Mississippi AR\n 198 05111 Poinsett AR\n 198 05121 Randolph AR\n 198 29069 Dunklin MO\n 198 29155 Pemiscot MO\n 199 13111 Fannin GA\n 199 13123 Gilmer GA\n 199 13129 Gordon GA\n 199 13213 Murray GA\n 199 13227 Pickens GA\n 199 13281 Towns GA\n\n47 CFR 27.9 (enhanced display) page 76 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 199 13291 Union GA\n 199 13313 Whitfield GA\n 200 37033 Caswell NC\n 200 37157 Rockingham NC\n 200 51590 Danville City VA\n 200 51089 Henry VA\n 200 51690 Martinsville City VA\n 200 51141 Patrick VA\n 200 51143 Pittsylvania VA\n 201 48019 Bandera TX\n 201 48127 Dimmit TX\n 201 48163 Frio TX\n 201 48171 Gillespie TX\n 201 48259 Kendall TX\n 201 48265 Kerr TX\n 201 48283 La Salle TX\n 201 48323 Maverick TX\n 201 48325 Medina TX\n 201 48385 Real TX\n 201 48463 Uvalde TX\n 201 48507 Zavala TX\n 202 01113 Russell AL\n 202 13053 Chattahoochee GA\n 202 13145 Harris GA\n 202 13197 Marion GA\n 202 13215 Muscogee GA\n 202 13259 Stewart GA\n 202 13307 Webster GA\n 203 26009 Antrim MI\n 203 26019 Benzie MI\n 203 26055 Grand Traverse MI\n 203 26079 Kalkaska MI\n 203 26085 Lake MI\n 203 26089 Leelanau MI\n 203 26101 Manistee MI\n 203 26105 Mason MI\n 203 26113 Missaukee MI\n 203 26133 Osceola MI\n\n47 CFR 27.9 (enhanced display) page 77 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 203 26165 Wexford MI\n 204 21055 Crittenden KY\n 204 21059 Daviess KY\n 204 21091 Hancock KY\n 204 21101 Henderson KY\n 204 21107 Hopkins KY\n 204 21149 McLean KY\n 204 21177 Muhlenberg KY\n 204 21183 Ohio KY\n 204 21225 Union KY\n 204 21233 Webster KY\n 205 06023 Humboldt CA\n 205 06033 Lake CA\n 205 06045 Mendocino CA\n 205 06105 Trinity CA\n 206 53001 Adams WA\n 206 53007 Chelan WA\n 206 53017 Douglas WA\n 206 53025 Grant WA\n 206 53037 Kittitas WA\n 206 53047 Okanogan WA\n 207 13003 Atkinson GA\n 207 13005 Bacon GA\n 207 13025 Brantley GA\n 207 13039 Camden GA\n 207 13049 Charlton GA\n 207 13065 Clinch GA\n 207 13069 Coffee GA\n 207 13127 Glynn GA\n 207 13191 McIntosh GA\n 207 13229 Pierce GA\n 207 13299 Ware GA\n 208 37097 Iredell NC\n 208 37159 Rowan NC\n 209 55009 Brown WI\n 209 55029 Door WI\n 209 55061 Kewaunee WI\n 210 36007 Broome NY\n\n47 CFR 27.9 (enhanced display) page 78 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 210 36107 Tioga NY\n 210 42115 Susquehanna PA\n 211 40005 Atoka OK\n 211 40019 Carter OK\n 211 40029 Coal OK\n 211 40033 Cotton OK\n 211 40049 Garvin OK\n 211 40063 Hughes OK\n 211 40067 Jefferson OK\n 211 40069 Johnston OK\n 211 40085 Love OK\n 211 40095 Marshall OK\n 211 40099 Murray OK\n 211 40107 Okfuskee OK\n 211 40123 Pontotoc OK\n 211 40133 Seminole OK\n 211 40137 Stephens OK\n 212 02020 Anchorage Borough AK\n 213 41013 Crook OR\n 213 41017 Deschutes OR\n 213 41027 Hood River OR\n 213 41031 Jefferson OR\n 213 41037 Lake OR\n 213 41055 Sherman OR\n 213 41065 Wasco OR\n 213 53039 Klickitat WA\n 213 53059 Skamania WA\n 214 31109 Lancaster NE\n 215 37003 Alexander NC\n 215 37023 Burke NC\n 215 37035 Catawba NC\n 216 20021 Cherokee KS\n 216 20037 Crawford KS\n 216 29011 Barton MO\n 216 29097 Jasper MO\n 216 29145 Newton MO\n 216 40115 Ottawa OK\n 217 48303 Lubbock TX\n\n47 CFR 27.9 (enhanced display) page 79 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 218 55073 Marathon WI\n 218 55097 Portage WI\n 218 55141 Wood WI\n 219 19019 Buchanan IA\n 219 19021 Buena Vista IA\n 219 19023 Butler IA\n 219 19033 Cerro Gordo IA\n 219 19037 Chickasaw IA\n 219 19041 Clay IA\n 219 19059 Dickinson IA\n 219 19063 Emmet IA\n 219 19065 Fayette IA\n 219 19067 Floyd IA\n 219 19069 Franklin IA\n 219 19081 Hancock IA\n 219 19109 Kossuth IA\n 219 19131 Mitchell IA\n 219 19147 Palo Alto IA\n 219 19151 Pocahontas IA\n 219 19189 Winnebago IA\n 219 19195 Worth IA\n 220 48135 Ector TX\n 220 48329 Midland TX\n 221 48247 Jim Hogg TX\n 221 48479 Webb TX\n 221 48505 Zapata TX\n 222 47029 Cocke TN\n 222 47057 Grainger TN\n 222 47063 Hamblen TN\n 222 47067 Hancock TN\n 222 47089 Jefferson TN\n 222 47155 Sevier TN\n 223 19061 Dubuque IA\n 223 19097 Jackson IA\n 223 17085 Jo Daviess IL\n 223 55043 Grant WI\n 223 55045 Green WI\n 223 55049 Iowa WI\n\n47 CFR 27.9 (enhanced display) page 80 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 223 55065 Lafayette WI\n 224 17015 Carroll IL\n 224 17037 DeKalb IL\n 224 17103 Lee IL\n 224 17141 Ogle IL\n 224 17177 Stephenson IL\n 225 27055 Houston MN\n 225 55053 Jackson WI\n 225 55063 La Crosse WI\n 225 55081 Monroe WI\n 225 55121 Trempealeau WI\n 225 55123 Vernon WI\n 226 39003 Allen OH\n 226 39011 Auglaize OH\n 226 39107 Mercer OH\n 226 39137 Putnam OH\n 226 39161 Van Wert OH\n 227 36045 Jefferson NY\n 227 36049 Lewis NY\n 227 36089 St. Lawrence NY\n 228 51023 Botetourt VA\n 228 51045 Craig VA\n 228 51161 Roanoke VA\n 228 51770 Roanoke City VA\n 228 51775 Salem City VA\n 229 32009 Esmeralda NV\n 229 32017 Lincoln NV\n 229 32021 Mineral NV\n 229 32023 Nye NV\n 229 49001 Beaver UT\n 229 49017 Garfield UT\n 229 49021 Iron UT\n 229 49031 Piute UT\n 229 49053 Washington UT\n 230 37017 Bladen NC\n 230 37093 Hoke NC\n 230 37155 Robeson NC\n 230 37165 Scotland NC\n\n47 CFR 27.9 (enhanced display) page 81 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 231 31003 Antelope NE\n 231 31011 Boone NE\n 231 31021 Burt NE\n 231 31023 Butler NE\n 231 31025 Cass NE\n 231 31037 Colfax NE\n 231 31039 Cuming NE\n 231 31053 Dodge NE\n 231 31119 Madison NE\n 231 31125 Nance NE\n 231 31139 Pierce NE\n 231 31141 Platte NE\n 231 31143 Polk NE\n 231 31155 Saunders NE\n 231 31167 Stanton NE\n 231 31177 Washington NE\n 231 31179 Wayne NE\n 232 20013 Brown KS\n 232 20031 Coffey KS\n 232 20085 Jackson KS\n 232 20087 Jefferson KS\n 232 20139 Osage KS\n 232 20177 Shawnee KS\n 233 37045 Cleveland NC\n 233 37109 Lincoln NC\n 233 37161 Rutherford NC\n 234 37057 Davidson NC\n 234 37059 Davie NC\n 234 37197 Yadkin NC\n 235 48375 Potter TX\n 235 48381 Randall TX\n 236 31001 Adams NE\n 236 31015 Boyd NE\n 236 31017 Brown NE\n 236 31019 Buffalo NE\n 236 31035 Clay NE\n 236 31041 Custer NE\n 236 31047 Dawson NE\n\n47 CFR 27.9 (enhanced display) page 82 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 236 31071 Garfield NE\n 236 31077 Greeley NE\n 236 31079 Hall NE\n 236 31081 Hamilton NE\n 236 31089 Holt NE\n 236 31093 Howard NE\n 236 31103 Keya Paha NE\n 236 31115 Loup NE\n 236 31121 Merrick NE\n 236 31129 Nuckolls NE\n 236 31149 Rock NE\n 236 31163 Sherman NE\n 236 31175 Valley NE\n 236 31181 Webster NE\n 236 31183 Wheeler NE\n 237 13031 Bulloch GA\n 237 13043 Candler GA\n 237 13109 Evans GA\n 237 13179 Liberty GA\n 237 13183 Long GA\n 237 13251 Screven GA\n 237 13267 Tattnall GA\n 237 13305 Wayne GA\n 238 45031 Darlington SC\n 238 45041 Florence SC\n 238 45089 Williamsburg SC\n 239 37025 Cabarrus NC\n 239 37167 Stanly NC\n 240 51003 Albemarle VA\n 240 51540 Charlottesville City VA\n 240 51065 Fluvanna VA\n 240 51079 Greene VA\n 240 51109 Louisa VA\n 240 51125 Nelson VA\n 241 13001 Appling GA\n 241 13107 Emanuel GA\n 241 13141 Hancock GA\n 241 13161 Jeff Davis GA\n\n47 CFR 27.9 (enhanced display) page 83 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 241 13167 Johnson GA\n 241 13175 Laurens GA\n 241 13209 Montgomery GA\n 241 13237 Putnam GA\n 241 13271 Telfair GA\n 241 13279 Toombs GA\n 241 13283 Treutlen GA\n 241 13303 Washington GA\n 241 13309 Wheeler GA\n 242 22019 Calcasieu Parish LA\n 242 22023 Cameron Parish LA\n 242 22053 Jefferson Davis Parish LA\n 243 17127 Massac IL\n 243 21007 Ballard KY\n 243 21033 Caldwell KY\n 243 21035 Calloway KY\n 243 21039 Carlisle KY\n 243 21083 Graves KY\n 243 21139 Livingston KY\n 243 21143 Lyon KY\n 243 21157 Marshall KY\n 243 21145 McCracken KY\n 244 20017 Chase KS\n 244 20027 Clay KS\n 244 20041 Dickinson KS\n 244 20061 Geary KS\n 244 20111 Lyon KS\n 244 20117 Marshall KS\n 244 20127 Morris KS\n 244 20131 Nemaha KS\n 244 20149 Pottawatomie KS\n 244 20161 Riley KS\n 244 20197 Wabaunsee KS\n 244 20201 Washington KS\n 245 29009 Barry MO\n 245 29057 Dade MO\n 245 29067 Douglas MO\n 245 29091 Howell MO\n\n47 CFR 27.9 (enhanced display) page 84 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 245 29109 Lawrence MO\n 245 29153 Ozark MO\n 245 29209 Stone MO\n 245 29213 Taney MO\n 246 01027 Clay AL\n 246 01037 Coosa AL\n 246 01081 Lee AL\n 246 01087 Macon AL\n 246 01123 Tallapoosa AL\n 247 16027 Canyon ID\n 247 16039 Elmore ID\n 247 16073 Owyhee ID\n 248 45027 Clarendon SC\n 248 45055 Kershaw SC\n 248 45061 Lee SC\n 248 45085 Sumter SC\n 249 48041 Brazos TX\n 249 48185 Grimes TX\n 250 35013 Dona Ana NM\n 250 35051 Sierra NM\n 251 20007 Barber KS\n 251 20009 Barton KS\n 251 20033 Comanche KS\n 251 20047 Edwards KS\n 251 20051 Ellis KS\n 251 20053 Ellsworth KS\n 251 20097 Kiowa KS\n 251 20115 Marion KS\n 251 20113 McPherson KS\n 251 20135 Ness KS\n 251 20145 Pawnee KS\n 251 20151 Pratt KS\n 251 20159 Rice KS\n 251 20165 Rush KS\n 251 20167 Russell KS\n 251 20169 Saline KS\n 251 20185 Stafford KS\n 251 20195 Trego KS\n\n47 CFR 27.9 (enhanced display) page 85 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 252 19035 Cherokee IA\n 252 19093 Ida IA\n 252 19133 Monona IA\n 252 19141 O'Brien IA\n 252 19149 Plymouth IA\n 252 19167 Sioux IA\n 252 19193 Woodbury IA\n 252 46127 Union SD\n 253 55001 Adams WI\n 253 55021 Columbia WI\n 253 55023 Crawford WI\n 253 55057 Juneau WI\n 253 55077 Marquette WI\n 253 55103 Richland WI\n 253 55111 Sauk WI\n 254 55003 Ashland WI\n 254 55007 Bayfield WI\n 254 55019 Clark WI\n 254 55041 Forest WI\n 254 55067 Langlade WI\n 254 55069 Lincoln WI\n 254 55085 Oneida WI\n 254 55099 Price WI\n 254 55119 Taylor WI\n 254 55125 Vilas WI\n 255 28011 Bolivar MS\n 255 28015 Carroll MS\n 255 28027 Coahoma MS\n 255 28053 Humphreys MS\n 255 28055 Issaquena MS\n 255 28083 Leflore MS\n 255 28125 Sharkey MS\n 255 28133 Sunflower MS\n 255 28135 Tallahatchie MS\n 255 28151 Washington MS\n 256 51009 Amherst VA\n 256 51011 Appomattox VA\n 256 51031 Campbell VA\n\n47 CFR 27.9 (enhanced display) page 86 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 256 51083 Halifax VA\n 256 51680 Lynchburg City VA\n 257 56001 Albany WY\n 257 56005 Campbell WY\n 257 56009 Converse WY\n 257 56011 Crook WY\n 257 56021 Laramie WY\n 257 56027 Niobrara WY\n 257 56031 Platte WY\n 257 56045 Weston WY\n 258 01009 Blount AL\n 258 01043 Cullman AL\n 258 01057 Fayette AL\n 258 01093 Marion AL\n 258 01133 Winston AL\n 259 35005 Chaves NM\n 259 35015 Eddy NM\n 259 35025 Lea NM\n 259 48165 Gaines TX\n 259 48501 Yoakum TX\n 260 26007 Alpena MI\n 260 26029 Charlevoix MI\n 260 26031 Cheboygan MI\n 260 26039 Crawford MI\n 260 26047 Emmet MI\n 260 26119 Montmorency MI\n 260 26135 Oscoda MI\n 260 26137 Otsego MI\n 260 26141 Presque Isle MI\n 260 26143 Roscommon MI\n 261 27027 Clay MN\n 261 38017 Cass ND\n 262 45013 Beaufort SC\n 262 45049 Hampton SC\n 262 45053 Jasper SC\n 263 35019 Guadalupe NM\n 263 35028 Los Alamos NM\n 263 35033 Mora NM\n\n47 CFR 27.9 (enhanced display) page 87 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 263 35047 San Miguel NM\n 263 35049 Santa Fe NM\n 264 02013 Aleutians East Borough AK\n 264 02016 Aleutians West Census Area AK\n 264 02050 Bethel Census Area AK\n 264 02060 Bristol Bay Borough AK\n 264 02070 Dillingham Census Area AK\n 264 02122 Kenai Peninsula Borough AK\n 264 02150 Kodiak Island Borough AK\n 264 02164 Lake and Peninsula Borough AK\n 264 02170 Matanuska-Susitna Borough AK\n 264 02261 Valdez-Cordova Census Area AK\n 265 19089 Howard IA\n 265 19191 Winneshiek IA\n 265 27039 Dodge MN\n 265 27045 Fillmore MN\n 265 27099 Mower MN\n 265 27157 Wabasha MN\n 265 27169 Winona MN\n 265 55011 Buffalo WI\n 266 37009 Ashe NC\n 266 37011 Avery NC\n 266 37027 Caldwell NC\n 266 37189 Watauga NC\n 266 47091 Johnson TN\n 267 55071 Manitowoc WI\n 267 55117 Sheboygan WI\n 268 19031 Cedar IA\n 268 19045 Clinton IA\n 268 19115 Louisa IA\n 268 19139 Muscatine IA\n 268 17131 Mercer IL\n 268 17195 Whiteside IL\n 269 55101 Racine WI\n 270 17011 Bureau IL\n 270 17099 La Salle IL\n 270 17105 Livingston IL\n 270 17155 Putnam IL\n\n47 CFR 27.9 (enhanced display) page 88 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 271 36015 Chemung NY\n 271 42015 Bradford PA\n 271 42117 Tioga PA\n 272 48035 Bosque TX\n 272 48049 Brown TX\n 272 48083 Coleman TX\n 272 48093 Comanche TX\n 272 48133 Eastland TX\n 272 48143 Erath TX\n 272 48193 Hamilton TX\n 272 48217 Hill TX\n 272 48333 Mills TX\n 272 48425 Somervell TX\n 273 17039 De Witt IL\n 273 17113 McLean IL\n 274 16013 Blaine ID\n 274 16025 Camas ID\n 274 16031 Cassia ID\n 274 16047 Gooding ID\n 274 16053 Jerome ID\n 274 16063 Lincoln ID\n 274 16067 Minidoka ID\n 274 16083 Twin Falls ID\n 275 48001 Anderson TX\n 275 48213 Henderson TX\n 275 48349 Navarro TX\n 276 30011 Carter MT\n 276 38001 Adams ND\n 276 46019 Butte SD\n 276 46033 Custer SD\n 276 46047 Fall River SD\n 276 46063 Harding SD\n 276 46081 Lawrence SD\n 276 46093 Meade SD\n 276 46103 Pennington SD\n 276 46105 Perkins SD\n 277 20035 Cowley KS\n 277 20049 Elk KS\n\n47 CFR 27.9 (enhanced display) page 89 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 277 20073 Greenwood KS\n 277 20077 Harper KS\n 277 20079 Harvey KS\n 277 20095 Kingman KS\n 277 20155 Reno KS\n 277 20191 Sumner KS\n 278 20001 Allen KS\n 278 20019 Chautauqua KS\n 278 20099 Labette KS\n 278 20125 Montgomery KS\n 278 20133 Neosho KS\n 278 20205 Wilson KS\n 278 20207 Woodson KS\n 278 40035 Craig OK\n 278 40105 Nowata OK\n 278 40147 Washington OK\n 279 16041 Franklin ID\n 279 16071 Oneida ID\n 279 49003 Box Elder UT\n 279 49005 Cache UT\n 280 20025 Clark KS\n 280 20055 Finney KS\n 280 20057 Ford KS\n 280 20067 Grant KS\n 280 20069 Gray KS\n 280 20071 Greeley KS\n 280 20075 Hamilton KS\n 280 20081 Haskell KS\n 280 20083 Hodgeman KS\n 280 20093 Kearny KS\n 280 20101 Lane KS\n 280 20119 Meade KS\n 280 20129 Morton KS\n 280 20171 Scott KS\n 280 20175 Seward KS\n 280 20187 Stanton KS\n 280 20189 Stevens KS\n 280 20203 Wichita KS\n\n47 CFR 27.9 (enhanced display) page 90 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 280 40007 Beaver OK\n 280 40025 Cimarron OK\n 280 40139 Texas OK\n 281 40091 McIntosh OK\n 281 40101 Muskogee OK\n 281 40111 Okmulgee OK\n 281 40121 Pittsburg OK\n 282 17057 Fulton IL\n 282 17095 Knox IL\n 282 17123 Marshall IL\n 282 17125 Mason IL\n 282 17109 McDonough IL\n 282 17175 Stark IL\n 282 17187 Warren IL\n 283 36019 Clinton NY\n 283 36031 Essex NY\n 283 36033 Franklin NY\n 284 45001 Abbeville SC\n 284 45047 Greenwood SC\n 284 45059 Laurens SC\n 284 45065 McCormick SC\n 285 04001 Apache AZ\n 285 35006 Cibola NM\n 285 35031 McKinley NM\n 286 46099 Minnehaha SD\n 287 55059 Kenosha WI\n 288 48059 Callahan TX\n 288 48253 Jones TX\n 288 48441 Taylor TX\n 289 49007 Carbon UT\n 289 49013 Duchesne UT\n 289 49015 Emery UT\n 289 49019 Grand UT\n 289 49029 Morgan UT\n 289 49043 Summit UT\n 289 49047 Uintah UT\n 289 49051 Wasatch UT\n 289 49055 Wayne UT\n\n47 CFR 27.9 (enhanced display) page 91 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 290 27011 Big Stone MN\n 290 27117 Pipestone MN\n 290 27133 Rock MN\n 290 27155 Traverse MN\n 290 46005 Beadle SD\n 290 46011 Brookings SD\n 290 46025 Clark SD\n 290 46029 Codington SD\n 290 46039 Deuel SD\n 290 46051 Grant SD\n 290 46057 Hamlin SD\n 290 46077 Kingsbury SD\n 290 46079 Lake SD\n 290 46097 Miner SD\n 290 46101 Moody SD\n 290 46109 Roberts SD\n 290 46111 Sanborn SD\n 291 37123 Montgomery NC\n 291 37125 Moore NC\n 291 37153 Richmond NC\n 292 08101 Pueblo CO\n 293 21221 Trigg KY\n 293 47081 Hickman TN\n 293 47083 Houston TN\n 293 47085 Humphreys TN\n 293 47099 Lawrence TN\n 293 47101 Lewis TN\n 293 47135 Perry TN\n 293 47161 Stewart TN\n 293 47181 Wayne TN\n 294 19013 Black Hawk IA\n 294 19017 Bremer IA\n 295 40071 Kay OK\n 295 40103 Noble OK\n 295 40117 Pawnee OK\n 295 40119 Payne OK\n 296 42107 Schuylkill PA\n 297 41001 Baker OR\n\n47 CFR 27.9 (enhanced display) page 92 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 297 41021 Gilliam OR\n 297 41023 Grant OR\n 297 41049 Morrow OR\n 297 41059 Umatilla OR\n 297 41061 Union OR\n 297 41063 Wallowa OR\n 297 41069 Wheeler OR\n 298 02068 Denali Borough AK\n 298 02090 Fairbanks North Star Borough AK\n 298 02180 Nome Census Area AK\n 298 02185 North Slope Borough AK\n 298 02188 Northwest Arctic Borough AK\n 298 02240 Southeast Fairbanks Census Area AK\n 298 02270 Wade Hampton Census Area AK\n 298 02290 Yukon-Koyukuk Census Area AK\n 299 29001 Adair MO\n 299 29025 Caldwell MO\n 299 29033 Carroll MO\n 299 29049 Clinton MO\n 299 29061 Daviess MO\n 299 29063 DeKalb MO\n 299 29079 Grundy MO\n 299 29081 Harrison MO\n 299 29103 Knox MO\n 299 29117 Livingston MO\n 299 29129 Mercer MO\n 299 29171 Putnam MO\n 299 29197 Schuyler MO\n 299 29211 Sullivan MO\n 300 01011 Bullock AL\n 300 01013 Butler AL\n 300 01041 Crenshaw AL\n 300 01047 Dallas AL\n 300 01085 Lowndes AL\n 300 01105 Perry AL\n 300 01109 Pike AL\n 301 27109 Olmsted MN\n 302 40003 Alfalfa OK\n\n47 CFR 27.9 (enhanced display) page 93 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 302 40011 Blaine OK\n 302 40015 Caddo OK\n 302 40047 Garfield OK\n 302 40053 Grant OK\n 302 40073 Kingfisher OK\n 302 40093 Major OK\n 302 40151 Woods OK\n 303 30005 Blaine MT\n 303 30013 Cascade MT\n 303 30015 Chouteau MT\n 303 30035 Glacier MT\n 303 30041 Hill MT\n 303 30051 Liberty MT\n 303 30073 Pondera MT\n 303 30099 Teton MT\n 303 30101 Toole MT\n 304 37171 Surry NC\n 304 37193 Wilkes NC\n 305 40009 Beckham OK\n 305 40039 Custer OK\n 305 40043 Dewey OK\n 305 40045 Ellis OK\n 305 40055 Greer OK\n 305 40057 Harmon OK\n 305 40059 Harper OK\n 305 40065 Jackson OK\n 305 40075 Kiowa OK\n 305 40129 Roger Mills OK\n 305 40149 Washita OK\n 305 40153 Woodward OK\n 306 48077 Clay TX\n 306 48485 Wichita TX\n 307 19119 Lyon IA\n 307 31027 Cedar NE\n 307 31107 Knox NE\n 307 46009 Bon Homme SD\n 307 46027 Clay SD\n 307 46061 Hanson SD\n\n47 CFR 27.9 (enhanced display) page 94 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 307 46067 Hutchinson SD\n 307 46083 Lincoln SD\n 307 46087 McCook SD\n 307 46125 Turner SD\n 307 46135 Yankton SD\n 308 13079 Crawford GA\n 308 13081 Crisp GA\n 308 13093 Dooly GA\n 308 13193 Macon GA\n 308 13207 Monroe GA\n 308 13249 Schley GA\n 308 13261 Sumter GA\n 308 13269 Taylor GA\n 309 37015 Bertie NC\n 309 37029 Camden NC\n 309 37041 Chowan NC\n 309 37073 Gates NC\n 309 37091 Hertford NC\n 309 37139 Pasquotank NC\n 309 37143 Perquimans NC\n 310 29055 Crawford MO\n 310 29187 St. Francois MO\n 310 29186 Ste. Genevieve MO\n 310 29221 Washington MO\n 311 08003 Alamosa CO\n 311 08009 Baca CO\n 311 08011 Bent CO\n 311 08017 Cheyenne CO\n 311 08021 Conejos CO\n 311 08023 Costilla CO\n 311 08025 Crowley CO\n 311 08055 Huerfano CO\n 311 08061 Kiowa CO\n 311 08071 Las Animas CO\n 311 08079 Mineral CO\n 311 08089 Otero CO\n 311 08099 Prowers CO\n 311 08105 Rio Grande CO\n\n47 CFR 27.9 (enhanced display) page 95 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 311 08109 Saguache CO\n 311 35007 Colfax NM\n 312 35045 San Juan NM\n 313 48021 Bastrop TX\n 313 48055 Caldwell TX\n 313 48287 Lee TX\n 314 48073 Cherokee TX\n 314 48365 Panola TX\n 314 48401 Rusk TX\n 315 30003 Big Horn MT\n 315 30009 Carbon MT\n 315 30017 Custer MT\n 315 30025 Fallon MT\n 315 30075 Powder River MT\n 315 30079 Prairie MT\n 315 30087 Rosebud MT\n 315 30103 Treasure MT\n 315 56003 Big Horn WY\n 315 56019 Johnson WY\n 315 56029 Park WY\n 315 56033 Sheridan WY\n 316 16007 Bear Lake ID\n 316 16029 Caribou ID\n 316 49009 Daggett UT\n 316 49033 Rich UT\n 316 56007 Carbon WY\n 316 56023 Lincoln WY\n 316 56035 Sublette WY\n 316 56037 Sweetwater WY\n 316 56041 Uinta WY\n 317 31059 Fillmore NE\n 317 31067 Gage NE\n 317 31095 Jefferson NE\n 317 31097 Johnson NE\n 317 31127 Nemaha NE\n 317 31131 Otoe NE\n 317 31133 Pawnee NE\n 317 31147 Richardson NE\n\n47 CFR 27.9 (enhanced display) page 96 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 317 31151 Saline NE\n 317 31159 Seward NE\n 317 31169 Thayer NE\n 317 31185 York NE\n 318 27069 Kittson MN\n 318 27077 Lake of the Woods MN\n 318 27089 Marshall MN\n 318 27113 Pennington MN\n 318 27125 Red Lake MN\n 318 27135 Roseau MN\n 318 38005 Benson ND\n 318 38019 Cavalier ND\n 318 38027 Eddy ND\n 318 38063 Nelson ND\n 318 38067 Pembina ND\n 318 38071 Ramsey ND\n 318 38079 Rolette ND\n 318 38091 Steele ND\n 318 38095 Towner ND\n 318 38097 Traill ND\n 318 38099 Walsh ND\n 319 13095 Dougherty GA\n 319 13177 Lee GA\n 320 48235 Irion TX\n 320 48413 Schleicher TX\n 320 48435 Sutton TX\n 320 48451 Tom Green TX\n 321 18029 Dearborn IN\n 321 18047 Franklin IN\n 321 18115 Ohio IN\n 321 18137 Ripley IN\n 321 18155 Switzerland IN\n 322 38009 Bottineau ND\n 322 38013 Burke ND\n 322 38023 Divide ND\n 322 38049 McHenry ND\n 322 38053 McKenzie ND\n 322 38061 Mountrail ND\n\n47 CFR 27.9 (enhanced display) page 97 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 322 38075 Renville ND\n 322 38101 Ward ND\n 322 38105 Williams ND\n 323 35003 Catron NM\n 323 35053 Socorro NM\n 323 35057 Torrance NM\n 323 35061 Valencia NM\n 324 42103 Pike PA\n 324 42127 Wayne PA\n 325 38015 Burleigh ND\n 325 38059 Morton ND\n 326 27005 Becker MN\n 326 27087 Mahnomen MN\n 326 27107 Norman MN\n 326 27111 Otter Tail MN\n 326 27167 Wilkin MN\n 327 45017 Calhoun SC\n 327 45075 Orangeburg SC\n 328 04017 Navajo AZ\n 329 48047 Brooks TX\n 329 48131 Duval TX\n 329 48249 Jim Wells TX\n 329 48261 Kenedy TX\n 329 48273 Kleberg TX\n 329 48297 Live Oak TX\n 329 48311 McMullen TX\n 330 17033 Crawford IL\n 330 17047 Edwards IL\n 330 17101 Lawrence IL\n 330 17159 Richland IL\n 330 17185 Wabash IL\n 330 17191 Wayne IL\n 330 17193 White IL\n 331 48079 Cochran TX\n 331 48189 Hale TX\n 331 48219 Hockley TX\n 331 48279 Lamb TX\n 331 48305 Lynn TX\n\n47 CFR 27.9 (enhanced display) page 98 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 331 48437 Swisher TX\n 331 48445 Terry TX\n 332 37007 Anson NC\n 332 45025 Chesterfield SC\n 332 45069 Marlboro SC\n 333 39037 Darke OH\n 333 39149 Shelby OH\n 334 48011 Armstrong TX\n 334 48065 Carson TX\n 334 48075 Childress TX\n 334 48087 Collingsworth TX\n 334 48101 Cottle TX\n 334 48129 Donley TX\n 334 48179 Gray TX\n 334 48191 Hall TX\n 334 48195 Hansford TX\n 334 48211 Hemphill TX\n 334 48233 Hutchinson TX\n 334 48295 Lipscomb TX\n 334 48357 Ochiltree TX\n 334 48393 Roberts TX\n 334 48483 Wheeler TX\n 335 22031 De Soto Parish LA\n 335 22069 Natchitoches Parish LA\n 335 22081 Red River Parish LA\n 335 22085 Sabine Parish LA\n 336 27119 Polk MN\n 336 38035 Grand Forks ND\n 337 48097 Cooke TX\n 337 48237 Jack TX\n 337 48337 Montague TX\n 337 48363 Palo Pinto TX\n 338 08007 Archuleta CO\n 338 08033 Dolores CO\n 338 08067 La Plata CO\n 338 08083 Montezuma CO\n 338 08111 San Juan CO\n 339 31007 Banner NE\n\n47 CFR 27.9 (enhanced display) page 99 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 339 31013 Box Butte NE\n 339 31033 Cheyenne NE\n 339 31045 Dawes NE\n 339 31105 Kimball NE\n 339 31123 Morrill NE\n 339 31157 Scotts Bluff NE\n 339 31165 Sioux NE\n 339 56015 Goshen WY\n 340 35009 Curry NM\n 340 35011 DeBaca NM\n 340 35021 Harding NM\n 340 35037 Quay NM\n 340 35041 Roosevelt NM\n 340 35059 Union NM\n 341 35027 Lincoln NM\n 341 35035 Otero NM\n 342 46003 Aurora SD\n 342 46015 Brule SD\n 342 46017 Buffalo SD\n 342 46023 Charles Mix SD\n 342 46035 Davison SD\n 342 46043 Douglas SD\n 342 46053 Gregory SD\n 342 46059 Hand SD\n 342 46065 Hughes SD\n 342 46069 Hyde SD\n 342 46073 Jerauld SD\n 342 46085 Lyman SD\n 342 46117 Stanley SD\n 342 46119 Sully SD\n 342 46123 Tripp SD\n 343 48043 Brewster TX\n 343 48103 Crane TX\n 343 48105 Crockett TX\n 343 48243 Jeff Davis TX\n 343 48301 Loving TX\n 343 48371 Pecos TX\n 343 48377 Presidio TX\n\n47 CFR 27.9 (enhanced display) page 100 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 343 48383 Reagan TX\n 343 48389 Reeves TX\n 343 48443 Terrell TX\n 343 48461 Upton TX\n 343 48475 Ward TX\n 343 48495 Winkler TX\n 344 01007 Bibb AL\n 344 01021 Chilton AL\n 344 01065 Hale AL\n 345 45039 Fairfield SC\n 345 45071 Newberry SC\n 345 45081 Saluda SC\n 346 37039 Cherokee NC\n 346 37043 Clay NC\n 346 37075 Graham NC\n 346 37113 Macon NC\n 347 22037 East Feliciana Parish LA\n 347 22077 Pointe Coupee Parish LA\n 347 22091 St. Helena Parish LA\n 347 22125 West Feliciana Parish LA\n 347 28157 Wilkinson MS\n 348 46013 Brown SD\n 348 46021 Campbell SD\n 348 46037 Day SD\n 348 46041 Dewey SD\n 348 46045 Edmunds SD\n 348 46049 Faulk SD\n 348 46091 Marshall SD\n 348 46089 McPherson SD\n 348 46107 Potter SD\n 348 46115 Spink SD\n 348 46129 Walworth SD\n 348 46137 Ziebach SD\n 349 37111 McDowell NC\n 349 37121 Mitchell NC\n 349 37199 Yancey NC\n 350 05037 Cross AR\n 350 05077 Lee AR\n\n47 CFR 27.9 (enhanced display) page 101 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 350 05107 Phillips AR\n 350 05123 St. Francis AR\n 351 30109 Wibaux MT\n 351 38007 Billings ND\n 351 38011 Bowman ND\n 351 38025 Dunn ND\n 351 38029 Emmons ND\n 351 38033 Golden Valley ND\n 351 38037 Grant ND\n 351 38041 Hettinger ND\n 351 38043 Kidder ND\n 351 38047 Logan ND\n 351 38051 McIntosh ND\n 351 38055 McLean ND\n 351 38057 Mercer ND\n 351 38065 Oliver ND\n 351 38085 Sioux ND\n 351 38087 Slope ND\n 351 38089 Stark ND\n 351 46031 Corson SD\n 352 48177 Gonzales TX\n 352 48255 Karnes TX\n 352 48493 Wilson TX\n 353 17075 Iroquois IL\n 353 18073 Jasper IN\n 353 18111 Newton IN\n 354 55135 Waupaca WI\n 354 55137 Waushara WI\n 355 56025 Natrona WY\n 356 53019 Ferry WA\n 356 53043 Lincoln WA\n 356 53051 Pend Oreille WA\n 356 53065 Stevens WA\n 357 35039 Rio Arriba NM\n 357 35055 Taos NM\n 358 48031 Blanco TX\n 358 48053 Burnet TX\n 358 48299 Llano TX\n\n47 CFR 27.9 (enhanced display) page 102 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 359 08075 Logan CO\n 359 08087 Morgan CO\n 359 08095 Phillips CO\n 359 08121 Washington CO\n 359 08125 Yuma CO\n 359 31057 Dundy NE\n 360 02100 Haines Borough AK\n 360 02105 Hoonah-Angoon Census Area AK\n 360 02110 Juneau Borough AK\n 360 02130 Ketchikan Gateway Borough AK\n 360 02195 Petersburg AK\n 360 02198 Prince of Wales-Hyder AK\n 360 02220 Sitka Borough AK\n 360 02230 Skagway Municipality AK\n 360 02275 Wrangell AK\n 360 02282 Yakutat Borough AK\n 361 49023 Juab UT\n 361 49027 Millard UT\n 361 49039 Sanpete UT\n 361 49041 Sevier UT\n 362 16003 Adams ID\n 362 16015 Boise ID\n 362 16045 Gem ID\n 362 16075 Payette ID\n 362 16085 Valley ID\n 362 16087 Washington ID\n 363 48003 Andrews TX\n 363 48033 Borden TX\n 363 48115 Dawson TX\n 363 48173 Glasscock TX\n 363 48227 Howard TX\n 363 48317 Martin TX\n 364 30001 Beaverhead MT\n 364 30007 Broadwater MT\n 364 30023 Deer Lodge MT\n 364 30043 Jefferson MT\n 364 30093 Silver Bow MT\n 365 40141 Tillman OK\n\n47 CFR 27.9 (enhanced display) page 103 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 365 48009 Archer TX\n 365 48023 Baylor TX\n 365 48155 Foard TX\n 365 48197 Hardeman TX\n 365 48429 Stephens TX\n 365 48447 Throckmorton TX\n 365 48487 Wilbarger TX\n 365 48503 Young TX\n 366 53003 Asotin WA\n 366 53023 Garfield WA\n 366 53075 Whitman WA\n 367 29007 Audrain MO\n 367 29137 Monroe MO\n 367 29175 Randolph MO\n 367 29205 Shelby MO\n 368 20029 Cloud KS\n 368 20039 Decatur KS\n 368 20065 Graham KS\n 368 20089 Jewell KS\n 368 20105 Lincoln KS\n 368 20123 Mitchell KS\n 368 20137 Norton KS\n 368 20141 Osborne KS\n 368 20143 Ottawa KS\n 368 20147 Phillips KS\n 368 20153 Rawlins KS\n 368 20157 Republic KS\n 368 20163 Rooks KS\n 368 20183 Smith KS\n 369 19003 Adams IA\n 369 19071 Fremont IA\n 369 19129 Mills IA\n 369 19137 Montgomery IA\n 369 19145 Page IA\n 369 19173 Taylor IA\n 369 29005 Atchison MO\n 370 19011 Benton IA\n 370 19095 Iowa IA\n\n47 CFR 27.9 (enhanced display) page 104 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 370 19183 Washington IA\n 371 37005 Alleghany NC\n 371 51640 Galax City VA\n 371 51077 Grayson VA\n 371 51197 Wythe VA\n 372 08039 Elbert CO\n 372 08063 Kit Carson CO\n 372 08073 Lincoln CO\n 372 20023 Cheyenne KS\n 372 20063 Gove KS\n 372 20109 Logan KS\n 372 20179 Sheridan KS\n 372 20181 Sherman KS\n 372 20193 Thomas KS\n 372 20199 Wallace KS\n 373 53013 Columbia WA\n 373 53071 Walla Walla WA\n 374 08115 Sedgwick CO\n 374 31005 Arthur NE\n 374 31009 Blaine NE\n 374 31029 Chase NE\n 374 31049 Deuel NE\n 374 31069 Garden NE\n 374 31091 Hooker NE\n 374 31101 Keith NE\n 374 31111 Lincoln NE\n 374 31113 Logan NE\n 374 31117 McPherson NE\n 374 31135 Perkins NE\n 374 31171 Thomas NE\n 375 35017 Grant NM\n 375 35023 Hidalgo NM\n 375 35029 Luna NM\n 376 48111 Dallam TX\n 376 48117 Deaf Smith TX\n 376 48205 Hartley TX\n 376 48341 Moore TX\n 376 48359 Oldham TX\n\n47 CFR 27.9 (enhanced display) page 105 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 376 48421 Sherman TX\n 377 01023 Choctaw AL\n 377 01063 Greene AL\n 377 01091 Marengo AL\n 377 01119 Sumter AL\n 378 13033 Burke GA\n 378 13125 Glascock GA\n 378 13163 Jefferson GA\n 378 13165 Jenkins GA\n 378 13301 Warren GA\n 379 26033 Chippewa MI\n 379 26095 Luce MI\n 379 26097 Mackinac MI\n 380 26003 Alger MI\n 380 26041 Delta MI\n 380 26153 Schoolcraft MI\n 381 48137 Edwards TX\n 381 48271 Kinney TX\n 381 48465 Val Verde TX\n 382 56013 Fremont WY\n 382 56017 Hot Springs WY\n 382 56043 Washakie WY\n 383 19039 Clarke IA\n 383 19053 Decatur IA\n 383 19117 Lucas IA\n 383 19159 Ringgold IA\n 383 19175 Union IA\n 383 19185 Wayne IA\n 384 19005 Allamakee IA\n 384 19043 Clayton IA\n 384 19055 Delaware IA\n 385 29111 Lewis MO\n 385 29127 Marion MO\n 385 29173 Ralls MO\n 386 45005 Allendale SC\n 386 45009 Bamberg SC\n 386 45011 Barnwell SC\n 387 38003 Barnes ND\n\n47 CFR 27.9 (enhanced display) page 106 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 387 38021 Dickey ND\n 387 38039 Griggs ND\n 387 38045 LaMoure ND\n 387 38073 Ransom ND\n 387 38077 Richland ND\n 387 38081 Sargent ND\n 388 19009 Audubon IA\n 388 19029 Cass IA\n 388 19085 Harrison IA\n 388 19165 Shelby IA\n 389 31061 Franklin NE\n 389 31063 Frontier NE\n 389 31065 Furnas NE\n 389 31073 Gosper NE\n 389 31083 Harlan NE\n 389 31085 Hayes NE\n 389 31087 Hitchcock NE\n 389 31099 Kearney NE\n 389 31137 Phelps NE\n 389 31145 Red Willow NE\n 390 48151 Fisher TX\n 390 48335 Mitchell TX\n 390 48353 Nolan TX\n 390 48415 Scurry TX\n 391 41025 Harney OR\n 391 41045 Malheur OR\n 392 29075 Gentry MO\n 392 29087 Holt MO\n 392 29147 Nodaway MO\n 392 29227 Worth MO\n 393 29041 Chariton MO\n 393 29115 Linn MO\n 393 29121 Macon MO\n 394 46007 Bennett SD\n 394 46055 Haakon SD\n 394 46071 Jackson SD\n 394 46075 Jones SD\n 394 46095 Mellette SD\n\n47 CFR 27.9 (enhanced display) page 107 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 394 46113 Shannon SD\n 394 46121 Todd SD\n 395 38031 Foster ND\n 395 38069 Pierce ND\n 395 38083 Sheridan ND\n 395 38093 Stutsman ND\n 395 38103 Wells ND\n 396 19001 Adair IA\n 396 19077 Guthrie IA\n 396 19121 Madison IA\n 397 01075 Lamar AL\n 397 01107 Pickens AL\n 398 31043 Dakota NE\n 398 31051 Dixon NE\n 398 31173 Thurston NE\n 399 48281 Lampasas TX\n 399 48411 San Saba TX\n 400 48017 Bailey TX\n 400 48069 Castro TX\n 400 48369 Parmer TX\n 401 48045 Briscoe TX\n 401 48107 Crosby TX\n 401 48125 Dickens TX\n 401 48153 Floyd TX\n 401 48169 Garza TX\n 401 48263 Kent TX\n 401 48345 Motley TX\n 402 48095 Concho TX\n 402 48267 Kimble TX\n 402 48319 Mason TX\n 402 48307 McCulloch TX\n 402 48327 Menard TX\n 403 30027 Fergus MT\n 403 30045 Judith Basin MT\n 403 30059 Meagher MT\n 403 30071 Phillips MT\n 403 30107 Wheatland MT\n 404 49025 Kane UT\n\n47 CFR 27.9 (enhanced display) page 108 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 404 49037 San Juan UT\n 405 56039 Teton WY\n 406 19105 Jones IA\n 407 16023 Butte ID\n 407 16037 Custer ID\n 407 16059 Lemhi ID\n 408 48081 Coke TX\n 408 48399 Runnels TX\n 408 48431 Sterling TX\n 409 48207 Haskell TX\n 409 48269 King TX\n 409 48275 Knox TX\n 409 48417 Shackelford TX\n 409 48433 Stonewall TX\n 410 31031 Cherry NE\n 410 31075 Grant NE\n 410 31161 Sheridan NE\n 411 48109 Culberson TX\n 411 48229 Hudspeth TX\n 412 72001 Adjuntas PR\n 412 72003 Aguada PR\n 412 72005 Aguadilla PR\n 412 72007 Aguas Buenas PR\n 412 72009 Aibonito PR\n 412 72011 Anasco PR\n 412 72013 Arecibo PR\n 412 72015 Arroyo PR\n 412 72017 Barceloneta PR\n 412 72019 Barranquitas PR\n 412 72021 Bayamon PR\n 412 72023 Cabo Rojo PR\n 412 72025 Caguas PR\n 412 72027 Camuy PR\n 412 72029 Canovanas PR\n 412 72031 Carolina PR\n 412 72033 Catano PR\n 412 72035 Cayey PR\n 412 72037 Ceiba PR\n\n47 CFR 27.9 (enhanced display) page 109 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 412 72039 Ciales PR\n 412 72041 Cidra PR\n 412 72043 Coamo PR\n 412 72045 Comerio PR\n 412 72047 Corozal PR\n 412 72049 Culebra PR\n 412 72051 Dorado PR\n 412 72053 Fajardo PR\n 412 72054 Florida PR\n 412 72055 Guanica PR\n 412 72057 Guayama PR\n 412 72059 Guayanilla PR\n 412 72061 Guaynabo PR\n 412 72063 Gurabo PR\n 412 72065 Hatillo PR\n 412 72067 Hormigueros PR\n 412 72069 Humacao PR\n 412 72071 Isabela PR\n 412 72073 Jayuya PR\n 412 72075 Juana Diaz PR\n 412 72077 Juncos PR\n 412 72079 Lajas PR\n 412 72081 Lares PR\n 412 72083 Las Marias PR\n 412 72085 Las Piedras PR\n 412 72087 Loiza PR\n 412 72089 Luquillo PR\n 412 72091 Manati PR\n 412 72093 Maricao PR\n 412 72095 Maunabo PR\n 412 72097 Mayaguez PR\n 412 72099 Moca PR\n 412 72101 Morovis PR\n 412 72103 Naguabo PR\n 412 72105 Naranjito PR\n 412 72107 Orocovis PR\n 412 72109 Patillas PR\n 412 72111 Penuelas PR\n\n47 CFR 27.9 (enhanced display) page 110 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.9\nMiscellaneous Wireless Communications Services\n\n\n Federal\n Information\n PEA No. County name State\n Processing\n System No.\n 412 72113 Ponce PR\n 412 72115 Quebradillas PR\n 412 72117 Rincon PR\n 412 72119 Rio Grande PR\n 412 72121 Sabana Grande PR\n 412 72123 Salinas PR\n 412 72125 San German PR\n 412 72127 San Juan PR\n 412 72129 San Lorenzo PR\n 412 72131 San Sebastian PR\n 412 72133 Santa Isabel PR\n 412 72135 Toa Alta PR\n 412 72137 Toa Baja PR\n 412 72139 Trujillo Alto PR\n 412 72141 Utuado PR\n 412 72143 Vega Alta PR\n 412 72145 Vega Baja PR\n 412 72147 Vieques PR\n 412 72149 Villalba PR\n 412 72151 Yabucoa PR\n 412 72153 Yauco PR\n 413 66010 Guam GU.\n 413 69085 Northern Islands MP\n 413 69100 Rota MP\n 413 69110 Saipan MP\n 413 69120 Tinian MP\n 414 78010 St. Croix VI\n 414 78020 St. John VI\n 414 78030 St. Thomas VI\n 415 60010 Eastern District AS\n 415 60020 Manu'a District AS\n 415 60030 Rose Island AS\n 415 60040 Swains Island AS\n 415 60050 Western District AS\n 416 99023 Gulf of Mexico Central and East GM\n 416 99001 Gulf of Mexico West GM\n\n\n[85 FR 22865, Apr. 23, 2020]\n\n47 CFR 27.9 (enhanced display) page 111 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.10\nMiscellaneous Wireless Communications Services\n\n\nSubpart B—Applications and Licenses\n§ 27.10 Regulatory status.\nThe following rules apply concerning the regulatory status in the frequency bands specified in § 27.5.\n\n (a) Single authorization. Authorization will be granted to provide any or a combination of the following\n services in a single license: common carrier, non-common carrier, private internal communications, and\n broadcast services. A licensee may render any kind of communications service consistent with the\n regulatory status in its license and with the Commission's rules applicable to that service. An applicant or\n licensee may submit a petition at any time requesting clarification of the regulatory status for which\n authorization is required to provide a specific communications service.\n\n (b) Designation of regulatory status in initial application. An applicant shall specify in its initial application if it\n is requesting authorization to provide common carrier, non-common carrier, private internal\n communications, or broadcast services, or a combination thereof.\n\n (c) Amendment of pending applications. The following rules apply to amendments of a pending application.\n\n (1) Any pending application may be amended to:\n\n (i) Change the carrier regulatory status requested, or\n\n (ii) Add to the pending request in order to obtain common carrier, non-common carrier, private\n internal communications, or broadcast services status, or a combination thereof, in a single\n license.\n\n (2) Amendments to change, or add to, the carrier regulatory status in a pending application are minor\n amendments filed under § 1.927 of this chapter.\n\n (d) Modification of license. The following rules apply to amendments of a license.\n\n (1) A licensee may modify a license to:\n\n (i) Change the regulatory status authorized, or\n\n (ii) Add to the status authorized in order to obtain a combination of services of different regulatory\n status in a single license.\n\n (2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior\n Commission authorization. The licensee must notify the Commission within 30 days of the change.\n If the change results in the discontinuance, reduction, or impairment of an existing service, the\n licensee is subject to the provisions of § 27.66.\n\n[65 FR 3146, Jan. 20, 2000, as amended at 65 FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 68\nFR 66286, Nov. 25, 2003; 72 FR 27709, May 16, 2007]\n\n\n§ 27.11 Initial authorization.\n (a) An applicant must file a single application for an initial authorization for all markets won and frequency\n blocks desired. Initial authorizations shall be granted in accordance with § 27.5. Applications for\n individual sites are not required and will not be accepted, except where required for environmental\n assessments, in accordance with §§ 1.1301 through 1.1319 of this chapter.\n\n\n47 CFR 27.11(a) (enhanced display) page 112 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.11(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) 2305–2320 MHz and 2345–2360 MHz bands. Initial authorizations for the 2305–2320 MHz and\n 2345–2360 MHz bands shall be for 10 megahertz of spectrum in accordance with § 27.5(a).\n\n (1) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in §\n 27.6(a)(1).\n\n (2) Authorizations for Blocks C and D will be based on Regional Economic Area Groupings (REAGs), as\n specified in § 27.6(a)(2).\n\n (c) 746–758 MHz, 775–788 MHz, and 805–806 MHz bands. Initial authorizations for the 746–758 MHz,\n 775–788 MHz, and 805–806 MHz bands shall be for paired channels of 1, 5, 6, or 11 megahertz of\n spectrum in accordance with § 27.5(b).\n\n (1) Authorizations for Block A, consisting of two paired channels of 1 megahertz each, will be based on\n those geographic areas specified in § 27.6(b)(1).\n\n (2) Authorizations for Block B, consisting of two paired channels of 1 megahertz each, will be based on\n those geographic areas specified in § 27.6(b)(1).\n\n (3) Authorizations for Block C, consisting of two paired channels of 11 megahertz each, will be based on\n those geographic areas specified in § 27.6(b)(2). In the event that no licenses granting\n authorizations for Block C, consisting of two paired channels of 11 megahertz each, are assigned\n based on the results of the first auction in which such licenses are offered because the auction\n results do not satisfy the applicable reserve price, then the authorizations for the spectrum in the\n 746–757 MHz and 776–787 MHz bands will instead be as follows:\n\n (i) Authorizations for Block C1, consisting of two paired channels of 6 megahertz each in the\n 746–752 MHz and 776–782 MHz bands, will be based on those geographic areas specified in §\n 27.6(b)(2)(i).\n\n (ii) Authorizations for Block C2, consisting of two paired channels of 5 megahertz each in the\n 752–757 MHz and 782–787 MHz bands, will be based on those geographic areas specified in §\n 27.6(b)(2)(ii).\n\n (d) 698–746 MHz band. Initial authorizations for the 698–746 MHz band shall be for 6 or 12 megahertz of\n spectrum in accordance with § 27.5(c).\n\n (1) Authorizations for Block A, consisting of two paired channels of 6 megahertz each, will be based on\n those geographic areas specified in § 27.6(c)(1).\n\n (2) Authorizations for Block B, consisting of two paired channels of 6 megahertz each, will be based on\n those geographic areas specified in § 27.6(c)(2).\n\n (3) Authorizations for Block C, consisting of two paired channels of 6 megahertz each, will be based on\n those geographic areas specified in § 27.6(c)(2).\n\n (4) Authorizations for Block D, consisting of an unpaired channel block of 6 megahertz, will be based on\n those geographic areas specified in § 27.6(c)(3).\n\n (5) Authorizations for Block E, consisting of an unpaired channel block of 6 megahertz, will be based on\n those geographic areas specified in § 27.6(c)(1).\n\n (e) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band shall be for 2 megahertz of\n spectrum in accordance with § 27.5(d). Authorizations will be based on Major Economic Areas (MEAs),\n as specified in § 27.6(d).\n\n47 CFR 27.11(e) (enhanced display) page 113 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.11(f)\nMiscellaneous Wireless Communications Services\n\n\n (f) The paired 1392–1395 MHz and 1432–1435 MHz bands. Initial authorizations for the paired 1392–1395\n MHz and 1432–1435 MHz bands shall be for 3 megahertz of paired spectrum in accordance with §\n 27.5(e). Authorization for Blocks A and B will be based on Economic Areas Groupings (EAGs), as specified\n in § 27.6(e).\n\n (g) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band shall be for 5 megahertz of\n spectrum in accordance with § 27.5(f). Authorizations will be on a nationwide basis.\n\n (h) [Reserved]\n\n (i) 1710–1755 MHz and 2110–2155 MHz bands. Initial authorizations for the 1710–1755 MHz and\n 2110–2155 MHz bands shall be for 5 or 10 megahertz of spectrum in each band in accordance with §\n 27.5(h) of this part.\n\n (1) Authorizations for Block A, consisting of two paired channels of 10 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(1).\n\n (2) Authorizations for Block B, consisting of two paired channels of 10 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(2).\n\n (3) Authorizations for Block C, consisting of two paired channels of 5 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(2).\n\n (4) Authorizations for Blocks D, consisting of two paired channels of 5 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(3).\n\n (5) Authorizations for Blocks E, consisting of two paired channels of 5 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(3).\n\n (6) Authorizations for Block F, consisting of two paired channels of 10 megahertz each, will be based on\n those geographic areas specified in § 27.6(h)(3).\n\n (j) 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands.\n\n (1) Initial authorizations for the 1695–1710 MHz band shall be based on the frequency blocks specified\n in § 27.5(h)(3) and the corresponding service area specified in § 27.6(k)(2).\n\n (2) Initial authorizations for the 1755–1780 MHz and 2155–2180 MHz shall be based on the paired\n frequency blocks specified in § 27.5(h)(1) and (2) and the corresponding service areas specified in §\n 27.6(k)(1) and (2).\n\n (k) 600 MHz band. Initial authorizations for the 600 MHz band will be based on Partial Economic Areas\n (PEAs), as specified in § 27.6(1), and, shall be paired channels that each consist of a 5 megahertz channel\n block in the 600 MHz downlink band (617–652 MHz), paired with a 5 megahertz channel block in the 600\n MHz uplink band (663–698 MHz), based on the frequency blocks specified in § 27.5(l).\n\n (l) 3700–3980 MHz band. Authorizations for licenses in the 3.7 GHz Service will be based on Partial\n Economic Areas (PEAs), as specified in § 27.6(m), and the frequency sub-blocks specified in § 27.5(m).\n\n (m) 3450–3550 MHz band. Authorizations for licenses in the 3.45 GHz Service will be based on Partial\n Economic Areas (PEAs), as specified in § 27.6(n), and the frequency blocks specified in § 27.5(o).\n\n\n\n\n47 CFR 27.11(m) (enhanced display) page 114 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.12\nMiscellaneous Wireless Communications Services\n\n\n[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; 67 FR 5511, Feb. 6, 2002; 67 FR\n41854, June 20, 2002; 69 FR 5715, Feb. 6, 2004; 69 FR 39867, July 1, 2004; 69 FR 77950, Dec. 29, 2004; 70 FR 58065, Oct. 5,\n2005; 72 FR 48845, Aug. 24, 2007; 79 FR 597, Jan. 6, 2014; 79 FR 32410, June 4, 2014; 79 FR 48536, Aug. 15, 2014; 82 FR 47160,\nOct. 11, 2017; 85 FR 22881, Apr. 23, 2020; 86 FR 17952, Apr. 7, 2021]\n\n\n§ 27.12 Eligibility.\n (a) Except as provided in paragraph (b) of this section and in §§ 27.604, 27.1201, 27.1202, and 27.1503, any\n entity other than those precluded by section 310 of the Communications Act of 1934, as amended, 47\n U.S.C. 310, is eligible to hold a license under this part.\n\n (b) A person described in 47 U.S.C. 1404(c) is ineligible to hold a license that is required by 47 U.S.C. Chapter\n 13 (Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96, 125 Stat. 156 (2012)) to be\n assigned by a system of competitive bidding under § 309(j) of the Communications Act, 47 U.S.C. 309(j).\n\n[78 FR 50254, Aug. 16, 2013, as amended at 85 FR 43134, July 16, 2020]\n\n\n§ 27.13 License period.\n (a) 2305–2320 MHz and 2345–2360 MHz bands. Initial WCS authorizations for the 2305–2320 MHz and\n 2345–2360 MHz bands will have a term not to exceed ten years from the date of original issuance or\n renewal.\n\n (b) 698–763 MHz, 776–793, 775–776, and 805–806 MHz bands. Initial authorizations for the 698–758 MHz\n and 776–788 MHz bands will extend for a term not to exceed ten years from June 13, 2009, except that\n initial authorizations for a part 27 licensee that provides broadcast services, whether exclusively or in\n combination with other services, will not exceed eight years. Initial authorizations for the 775–776 MHz\n and 805–806 MHz bands shall not exceed April 27, 2015. Licensees that initiate the provision of a\n broadcast service, whether exclusively or in combination with other services, may not provide this service\n for more than eight years or beyond the end of the license term if no broadcast service had been provided,\n whichever period is shorter in length.\n\n (c) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band will have a term not to exceed\n ten years from the date of initial issuance or renewal.\n\n (d) The paired 1392–1395 and 1432–1435 MHz bands. Initial WCS authorizations for the paired 1392–1395\n MHz and 1432–1435 MHz bands will have a term not to exceed ten years from the date of initial issuance\n or renewal.\n\n (e) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band will have a term not to exceed\n ten years from the date of initial issuance or renewal.\n\n (f) [Reserved]\n\n (g) 1710–1755 MHz and 2110–2155 MHz bands. Authorizations for the 1710–1755 MHz and 2110–2155\n MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal, except\n that authorizations issued on or before December 31, 2009, shall have a term of fifteen years.\n\n (h) BRS and EBS. BRS and EBS authorizations shall have a term not to exceed ten years from the date of\n original issuance or renewal. Unless otherwise specified by the Commission, incumbent BRS\n authorizations shall expire on May 1 in the year of expiration.\n\n\n\n47 CFR 27.13(h) (enhanced display) page 115 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.13(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) 2000–2020 MHz and 2180–2200 MHz bands. Authorizations for the 2000–2020 MHz and 2180–2200\n MHz bands will have a term not to exceed ten years from the date of issuance or renewal.\n\n (j) 1915–1920 MHz and 1995–2000 MHz bands. Authorizations for 1915–1920 MHz and 1995–2000 MHz\n bands will have a term not to exceed ten years from the date of issuance or renewal.\n\n (k) 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands. Authorizations for the 1695–1710 MHz,\n 1755–1780 MHz, and 2155–2180 MHz bands will have a term not to exceed twelve (12) years from the\n date of issuance and ten (10) years from the date of any subsequent license renewal.\n\n (l) 600 MHz band. Authorizations for the 600 MHz band will have an initial term not to exceed twelve years\n from the date of issuance and ten years from the date of any subsequent license renewal.\n\n (m) 3700–3980 MHz band. Authorizations for licenses in the 3.7 GHz Service in the 3700–3980 MHz band will\n have a term not to exceed 15 years from the date of issuance or renewal.\n\n (n) 900 MHz broadband. Authorizations for broadband licenses in the 897.5–900.5 MHz and 936.5–939.5\n MHz bands will have a term not to exceed 15 years from the date of initial issuance and ten (10) years\n from the date of any subsequent renewal.\n\n (o) 3450–3550 MHz Band. Authorizations for licenses in the 3.45 GHz Service in the 3450–3550 MHz band\n will have a term not to exceed fifteen (15) years from the date of issuance.\n\n[65 FR 3146, Jan. 20, 2000]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.13, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.14 Construction requirements.\n (a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for the 600 MHz\n band, Block A in the 698–704 MHz and 728–734 MHz bands, Block B in the 704–710 MHz and 734–740\n MHz bands, Block E in the 722–728 MHz band, Block C, C1, or C2 in the 746–757 MHz and 776–787 MHz\n bands, Block A in the 2305–2310 MHz and 2350–2355 MHz bands, Block B in the 2310–2315 MHz and\n 2355–2360 MHz bands, Block C in the 2315–2320 MHz band, Block D in the 2345–2350 MHz band, in the\n 3450–3550 MHz band, and in the 3700–3980 MHz band, and with the exception of licensees holding AWS\n authorizations in the 1915–1920 MHz and 1995–2000 MHz bands, the 2000–2020 MHz and 2180–2200\n MHz bands, or 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands, must, as a performance\n requirement, make a showing of “substantial service” in their license area within the prescribed license\n term set forth in § 27.13. “Substantial service” is defined as service which is sound, favorable and\n substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any\n licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to\n regain it.\n\n (b)–(f) [Reserved]\n\n (g) WCS licensees holding EA authorizations for Block A in the 698–704 MHz and 728–734 MHz bands,\n cellular market authorizations for Block B in the 704–710 MHz and 734–740 MHz bands, or EA\n authorizations for Block E in the 722–728 MHz band, if the results of the first auction in which licenses for\n such authorizations are offered satisfy the reserve price for the applicable block, shall provide signal\n coverage and offer service over at least 35 percent of the geographic area of each of their license\n\n47 CFR 27.14(g) (enhanced display) page 116 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(g)(1)\nMiscellaneous Wireless Communications Services\n\n\n authorizations no later than June 13, 2013 (or within four years of initial license grant if the initial\n authorization in a market is granted after June 13, 2009), and shall provide such service over at least 70\n percent of the geographic area of each of these authorizations by the end of the license term. In applying\n these geographic benchmarks, licensees are not required to include land owned or administered by\n government as a part of the relevant service area. Licensees may count covered government land for\n purposes of meeting their geographic construction benchmark, but are required to add the covered\n government land to the total geographic area used for measurement purposes. Licensees are required to\n include those populated lands held by tribal governments and those held by the Federal Government in\n trust or for the benefit of a recognized tribe.\n\n (1) If an EA or CMA licensee holding an authorization in these particular blocks fails to provide signal\n coverage and offer service over at least 35 percent of the geographic area of its license\n authorization by no later than June 13, 2013 (or within four years of initial license grant, if the initial\n authorization in a market is granted after June 13, 2009), the term of that license authorization will\n be reduced by two years and such licensee may be subject to enforcement action, including\n forfeitures. In addition, an EA or CMA licensee that provides signal coverage and offers service at a\n level that is below this interim benchmark may lose authority to operate in part of the remaining\n unserved areas of the license.\n\n (2) If any such EA or CMA licensee fails to provide signal coverage and offer service to at least 70\n percent of the geographic area of its license authorization by the end of the license term, that\n licensee's authorization will terminate automatically without Commission action for those\n geographic portions of its license in which the licensee is not providing service, and those unserved\n areas will become available for reassignment by the Commission. Such licensee may also be subject\n to enforcement action, including forfeitures. In addition, an EA or CMA licensee that provides signal\n coverage and offers service at a level that is below this end-of-term benchmark may be subject to\n license termination. In the event that a licensee's authority to operate in a license area terminates\n automatically without Commission action, such areas will become available for reassignment\n pursuant to the procedures in paragraph (j) of this section.\n\n (3) For licenses under paragraph (g) of this section, the geographic service area to be made available for\n reassignment must include a contiguous area of at least 130 square kilometers (50 square miles),\n and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will\n not be deemed unserved.\n\n (h) WCS licensees holding REAG authorizations for Block C in the 746–757 MHz and 776–787 MHz bands or\n REAG authorizations for Block C2 in the 752–757 MHz and 782–787 MHz bands shall provide signal\n coverage and offer service over at least 40 percent of the population in each EA comprising the REAG\n license area no later than June 13, 2013 (or within four years of initial license grant, if the initial\n authorization in a market is granted after June 13, 2009), and shall provide such service over at least 75\n percent of the population of each of these EAs by the end of the license term. For purposes of compliance\n with this requirement, licensees should determine population based on the most recently available U.S.\n Census Data.\n\n (1) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at\n least 40 percent of the population in each EA comprising the REAG license area by no later than\n June 13, 2013 (or within four years of initial license grant if the initial authorization in a market is\n granted after June 13, 2009), the term of the license authorization will be reduced by two years and\n\n\n\n\n47 CFR 27.14(h)(1) (enhanced display) page 117 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(h)(2)\nMiscellaneous Wireless Communications Services\n\n\n such licensee may be subject to enforcement action, including forfeitures. In addition, a licensee that\n provides signal coverage and offers service at a level that is below this interim benchmark may lose\n authority to operate in part of the remaining unserved areas of the license.\n\n (2) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at\n least 75 percent of the population in any EA comprising the REAG license area by the end of the\n license term, for each such EA that licensee's authorization will terminate automatically without\n Commission action for those geographic portions of its license in which the licensee is not providing\n service. Such licensee may also be subject to enforcement action, including forfeitures. In the event\n that a licensee's authority to operate in a license area terminates automatically without Commission\n action, such areas will become available for reassignment pursuant to the procedures in paragraph\n (j) of this section. In addition, a REAG licensee that provides signal coverage and offers service at a\n level that is below this end-of-term benchmark within any EA may be subject to license termination\n within that EA.\n\n (3) For licenses under paragraph (h), the geographic service area to be made available for reassignment\n must include a contiguous area of at least 130 square kilometers (50 square miles), and areas\n smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be\n deemed unserved.\n\n (i) WCS licensees holding EA authorizations for Block A in the 698–704 MHz and 728–734 MHz bands,\n cellular market authorizations for Block B in the 704–710 MHz and 734–740 MHz bands, or EA\n authorizations for Block E in the 722–728 MHz band, if the results of the first auction in which licenses for\n such authorizations in Blocks A, B, and E are offered do not satisfy the reserve price for the applicable\n block, as well as EA authorizations for Block C1 in the 746–752 MHz and 776–782 MHz bands, are\n subject to the following:\n\n (1) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to\n provide signal coverage and offer service over at least 40 percent of the population in its license area\n by no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization\n in a market is granted after June 13, 2009), the term of that license authorization will be reduced by\n two years and such licensee may be subject to enforcement action, including forfeitures. In addition,\n such licensee that provides signal coverage and offers service at a level that is below this interim\n benchmark may lose authority to operate in part of the remaining unserved areas of the license. For\n purposes of compliance with this requirement, licensees should determine population based on the\n most recently available U.S. Census Data.\n\n (2) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to\n provide signal coverage and offer service over at least 75 percent of the population in its license area\n by the end of the license term, that licensee's authorization will terminate automatically without\n Commission action for those geographic portions of its license in which the licensee is not providing\n service, and those unserved areas will become available for reassignment by the Commission. Such\n licensee may also be subject to enforcement action, including forfeitures. In the event that a\n licensee's authority to operate in a license area terminates automatically without Commission action,\n such areas will become available for reassignment pursuant to the procedures in paragraph (j) of\n this section. In addition, such a licensee that provides signal coverage and offers service at a level\n that is below this end-of-term benchmark may be subject to license termination. For purposes of\n compliance with this requirement, licensees should determine population based on the most\n recently available U.S. Census Data.\n\n\n47 CFR 27.14(i)(2) (enhanced display) page 118 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(i)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) For licenses under paragraph (i), the geographic service area to be made available for reassignment\n must include a contiguous area of at least 130 square kilometers (50 square miles), and areas\n smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be\n deemed unserved.\n\n (j) In the event that a licensee's authority to operate in a license area terminates automatically under\n paragraphs (g), (h), or (i) of this section, such areas will become available for reassignment pursuant to\n the following procedures:\n\n (1) The Wireless Telecommunications Bureau is delegated authority to announce by public notice that\n these license areas will be made available and establish a 30-day window during which third parties\n may file license applications to serve these areas. During this 30-day period, licensees that had their\n authority to operate terminate automatically for unserved areas may not file applications to provide\n service to these areas. Applications filed by third parties that propose areas overlapping with other\n applications will be deemed mutually exclusive, and will be resolved through an auction. The\n Wireless Telecommunications Bureau, by public notice, may specify a limited period before the filing\n of short-form applications (FCC Form 175) during which applicants may enter into a settlement to\n resolve their mutual exclusivity, subject to the provisions of § 1.935 of this chapter.\n\n (2) Following this 30-day period, the original licensee and third parties can file license applications for\n remaining unserved areas where licenses have not been issued or for which there are no pending\n applications. If the original licensee or a third party files an application, that application will be\n placed on public notice for 30 days. If no mutually exclusive application is filed, the application will\n be granted, provided that a grant is found to be in the public interest. If a mutually exclusive\n application is filed, it will be resolved through an auction. The Wireless Telecommunications Bureau,\n by public notice, may specify a limited period before the filing of short-form applications (FCC Form\n 175) during which applicants may enter into a settlement to resolve their mutual exclusivity, subject\n to the provisions of § 1.935 of this chapter.\n\n (3) The licensee will have one year from the date the new license is issued to complete its construction\n and provide signal coverage and offer service over 100 percent of the geographic area of the new\n license area. If the licensee fails to meet this construction requirement, its license will automatically\n terminate without Commission action and it will not be eligible to apply to provide service to this\n area at any future date.\n\n (k) Licensees holding WCS or AWS authorizations in the spectrum blocks enumerated in paragraphs (g), (h),\n (i), (q), (r), (s), (t), (v), and (w) of this section, including any licensee that obtained its license pursuant to\n the procedures set forth in paragraph (j) of this section, shall demonstrate compliance with performance\n requirements by filing a construction notification with the Commission, within 15 days of the expiration of\n the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter. The\n licensee must certify whether it has met the applicable performance requirements. The licensee must file\n a description and certification of the areas for which it is providing service. The construction notifications\n must include electronic coverage maps, supporting technical documentation and any other information\n as the Wireless Telecommunications Bureau may prescribe by public notice.\n\n (l) WCS licensees holding authorizations in the spectrum blocks enumerated in paragraphs (g), (h), or (i) of\n this section, excluding any licensee that obtained its license pursuant to the procedures set forth in\n subsection (j) of this section, shall file reports with the Commission that provide the Commission, at a\n minimum, with information concerning the status of their efforts to meet the performance requirements\n applicable to their authorizations in such spectrum blocks and the manner in which that spectrum is\n being utilized. The information to be reported will include the date the license term commenced, a\n47 CFR 27.14(l) (enhanced display) page 119 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(m)\nMiscellaneous Wireless Communications Services\n\n\n description of the steps the licensee has taken toward meeting its construction obligations in a timely\n manner, including the technology or technologies and service(s) being provided, and the areas within the\n license area in which those services are available. Each of these licensees shall file its first report with the\n Commission no later than June 13, 2011 and no sooner than 30 days prior to this date. Each licensee that\n meets its interim benchmarks shall file a second report with the Commission no later than June 13, 2016\n and no sooner than 30 days prior to this date. Each licensee that does not meet its interim benchmark\n shall file this second report no later than on June 13, 2015 and no sooner than 30 days prior to this date.\n\n (m)–(n) [Reserved]\n\n (o) With respect to initial BRS licenses issued on or after November 6, 2009, the licensee must make a\n showing of substantial service within four years from the date of issue of the license. With respect to EBS\n licenses issued after October 25, 2019, the licensee must comply with paragraph (u) of this section.\n “Substantial service” is defined as service which is sound, favorable, and substantially above a level of\n mediocre service which just might minimally warrant renewal. Substantial service for BRS and EBS\n licensees is satisfied if a licensee meets the requirements of paragraph (o)(1), (2), or (3) of this section. If\n a licensee has not met the requirements of paragraph (o)(1), (2), or (3) of this section, then demonstration\n of substantial service shall proceed on a case-by-case basis. Except as provided in paragraphs (o)(4) and\n (5) of this section, all substantial service determinations will be made on a license-by-license basis.\n Failure by any licensee to demonstrate substantial service will result in forfeiture of the license and the\n licensee will be ineligible to regain it.\n\n (1) A BRS or EBS licensee has provided “substantial service” by:\n\n (i) Constructing six permanent links per one million people for licensees providing fixed point-to-\n point services;\n\n (ii) Providing coverage of at least 30 percent of the population of the licensed area for licensees\n providing mobile services or fixed point-to-multipoint services;\n\n (iii) Providing service to “rural areas” (a county (or equivalent) with a population density of 100\n persons per square mile or less, based upon the most recently available Census data) and\n areas with limited access to telecommunications services:\n\n (A) For mobile service, where coverage is provided to at least 75% of the geographic area of at\n least 30% of the rural areas within its service area; or\n\n (B) for fixed service, where the BRS or EBS licensee has constructed at least one end of a\n permanent link in at least 30% of the rural areas within its licensed area.\n\n (iv) Providing specialized or technologically sophisticated service that does not require a high level\n of coverage to benefit consumers; or\n\n (v) Providing service to niche markets or areas outside the areas served by other licensees.\n\n (2) An EBS license initially issued prior to October 25, 2019 has provided “substantial service” when:\n\n (i) The EBS licensee is using its spectrum (or spectrum to which the EBS licensee's educational\n services are shifted) to provide educational services within the EBS licensee's GSA;\n\n (ii) the EBS licensee's license is actually being used to serve the educational mission of one or\n more accredited public or private schools, colleges or universities providing formal educational\n and cultural development to enrolled students; or\n\n\n47 CFR 27.14(o)(2)(ii) (enhanced display) page 120 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(o)(2)(iii)\nMiscellaneous Wireless Communications Services\n\n\n (iii) The level of service provided by the EBS licensee meets or exceeds the minimum usage\n requirements specified in § 27.1214 contained in the edition of 47 CFR parts 20 through 39,\n revised as of October 1, 2017.\n\n (3) An EBS or BRS licensee may be deemed to provide substantial service through a leasing\n arrangement if the lessee is providing substantial service under paragraph (o)(1) of this section.\n\n (4) If the GSA of a licensee is less than 1924 square miles in size, and there is an overlapping co-channel\n station licensed or leased by the licensee or its affiliate, substantial service may be demonstrated by\n meeting the requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined\n GSAs of both stations.\n\n (5) If the GSA of a BTA authorization holder, is less than one-half of the area within the BTA for every\n BRS channel, substantial service may be demonstrated for the licenses in question by meeting the\n requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs of the\n BTA authorization holder, together with any incumbent authorizations licensed or leased by the\n licensee or its affiliates.\n\n (p) This section enumerates performance requirements for licensees holding authorizations for Block A in the\n 2305–2310 MHz and 2350–2355 MHz bands, Block B in the 2310–2315 MHz and 2355–2360 MHz\n bands, Block C in the 2315–2320 MHz band, and Block D in the 2345–2350 MHz band.\n\n (1) For mobile and point-to-multipoint systems in Blocks A and B, and point-to-multipoint systems in\n Blocks C and D, a licensee must provide reliable signal coverage and offer service to at least 40\n percent of the license area's population by March 13, 2017, and to at least 75 percent of the license\n area's population by September 13, 2019. If, when filing the construction notification required under\n § 1.946(d) of this chapter, a WCS licensee demonstrates that 25 percent or more of the license\n area's population for Block A, B or D is within a coordination zone as defined by § 27.73(a) of the\n rules, the foregoing population benchmarks are reduced to 25 and 50 percent, respectively. The\n percentage of a license area's population within a coordination zone equals the sum of the Census\n Block Centroid Populations within the area, divided by the license area's total population.\n\n (2) For point-to-point fixed systems, except those deployed in the Gulf of Mexico license area, a licensee\n must construct and operate a minimum of 15 point-to-point links per million persons (one link per\n 67,000 persons) in a license area by March 13, 2017, and 30 point-to-point links per million persons\n (one link per 33,500 persons) in a licensed area by September 13, 2019. The exact link requirement is\n calculated by dividing a license area's total population by 67,000 and 33,500 for the respective\n milestones, and then rounding upwards to the next whole number. For a link to be counted towards\n these benchmarks, both of its endpoints must be located in the license area. If only one endpoint of\n a link is located in a license area, it can be counted as a one- half link towards the benchmarks.\n\n (3) For point-to-point fixed systems deployed on any spectrum block in the Gulf of Mexico license area, a\n licensee must construct and operate a minimum of 15 point-to-point links by March 13, 2017, and a\n minimum of 15 point-to-point links by September 13, 2019.\n\n (4) Under paragraph (p)(2) and (p)(3) of this section, each fixed link must provide a minimum bit rate, in\n bits per second, equal to or greater than the bandwidth specified by the emission designator in Hertz\n (e.g., equipment transmitting at a 5 Mb/s rate must not require a bandwidth of greater than 5 MHz).\n\n (5) If an initial authorization for a license area is granted after March 13, 2013, then the applicable\n benchmarks in paragraphs (p)(1), (2) and (3) of this section must be met within 48 and 78 months,\n respectively, of the initial authorization grant date.\n\n47 CFR 27.14(p)(5) (enhanced display) page 121 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(p)(6)\nMiscellaneous Wireless Communications Services\n\n\n (6) Licensees must use the most recently available U.S. Census Data at the time of measurement to\n meet these performance requirements.\n\n (7) Licensees must certify compliance with the applicable performance requirements by filing a\n construction notification with the Commission, within 15 days of the expiration of the relevant\n performance milestone, pursuant to § 1.946(d) of this chapter. Each construction notification must\n include electronic coverage maps, supporting technical documentation, and any other information as\n the Wireless Telecommunications Bureau may prescribe by public notice. Electronic coverage maps\n must accurately depict the boundaries of each license area (Regional Economic Area Grouping,\n REAG, or Major Economic Area, MEA) in the licensee's service territory. Further, REAG maps must\n depict MEA boundaries and MEA maps must depict Economic Area boundaries. If a licensee does\n not provide reliable signal coverage to an entire license area, its map must accurately depict the\n boundaries of the area or areas within each license area not being served. Each licensee also must\n file supporting documentation certifying the type of service it is providing for each REAG or MEA\n within its service territory and the type of technology used to provide such service. Supporting\n documentation must include the assumptions used to create the coverage maps, including the\n propagation model and the signal strength necessary to provide reliable service with the licensee's\n technology.\n\n (8) If a licensee fails to meet any applicable performance requirement, its authorization will terminate\n automatically without further Commission action as of the applicable performance milestone and\n the licensee will be ineligible to regain it.\n\n (q) The following provisions apply to any licensee holding an AWS authorization in the 2000–2020 MHz and\n 2180–2200 MHz bands (an “AWS–4 licensee”):\n\n (1) An AWS–4 licensee shall provide terrestrial signal coverage and offer terrestrial service within four\n (4) years from the date of the license to at least forty (40) percent of the total population in the\n aggregate service areas that it has licensed in the 2000–2020 MHz and 2180–2200 MHz bands\n (“AWS–4 Interim Buildout Requirement”). For purposes of this subpart, a licensee's total population\n shall be calculated by summing the population of each license area that a licensee holds in the\n 2000–2020 MHz and 2180–2200 MHz bands; and\n\n (2) An AWS–4 licensee shall provide terrestrial signal coverage and offer terrestrial service within seven\n (7) years from the date of the license to at least seventy (70) percent of the population in each of its\n license areas in the 2000–2020 MHz and 2180–2200 MHz bands (“AWS–4 Final Buildout\n Requirement”).\n\n (3) If any AWS–4 licensee fails to establish that it meets the AWS–4 Interim Buildout Requirement, the\n AWS–4 Final Buildout requirement shall be accelerated by one year from (seven to six years).\n\n (4) If any AWS–4 licensee fails to establish that it meets the AWS–4 Final Buildout Requirement in any\n of its license areas in the 2000–2020 MHz and 2180–2200 MHz bands, its authorization for each\n license area in which it fails to meet the requirement shall terminate automatically without\n Commission action. To the extent that the AWS–4 licensee also holds the 2 GHz MSS rights for the\n affected license area, failure to meet the AWS–4 Final Buildout Requirement in an EA shall also\n result in the MSS protection rule in § 27.1136 no longer applying in that license area.\n\n (5) To demonstrate compliance with these performance requirements, licensees shall use the most\n recently available U.S. Census Data at the time of measurement and shall base their measurements\n of population served on areas no larger than the Census Tract level. The population within a specific\n Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides\n47 CFR 27.14(q)(5) (enhanced display) page 122 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(q)(6)\nMiscellaneous Wireless Communications Services\n\n\n signal coverage to and offers service within the specific Census Tract (or other acceptable\n identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the\n boundaries of a license area, a licensee with authorizations for such areas may only include the\n population within the Census Tract (or other acceptable identifier) towards meeting the performance\n requirement of a single, individual license.\n\n (6) Failure by any AWS–4 licensee to meet the AWS–4 Final Buildout Requirement in paragraph (q)(4) of\n this section will result in forfeiture of the license and the licensee will be ineligible to regain it.\n\n (r) The following provisions apply to any licensee holding an AWS authorization in the 1915–1920 MHz and\n 1995–2000 MHz bands:\n\n (1) A licensee shall provide signal coverage and offer service within four (4) years from the date of the\n initial license to at least forty (40) percent of the population in each of its licensed areas (“Interim\n Buildout Requirement”).\n\n (2) A licensee shall provide signal coverage and offer service within ten (10) years from the date of the\n initial license to at least seventy-five (75) percent of the population in each of its licensed areas\n (“Final Buildout Requirement”).\n\n (3) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed\n area, then the Final Buildout Requirement (in this paragraph (r)) and the license term (as set forth in\n § 27.13(j)) for each license area in which it fails to meet the Interim Buildout Requirement shall be\n accelerated by two years (from ten to eight years).\n\n (4) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed\n area, its authorization for each license area in which it fails to meet the Final Buildout Requirement\n shall terminate automatically without Commission action and the licensee will be ineligible to regain\n it if the Commission makes the license available at a later date.\n\n (5) To demonstrate compliance with these performance requirements, licensees shall use the most\n recently available U.S. Census Data at the time of measurement and shall base their measurements\n of population served on areas no larger than the Census Tract level. The population within a specific\n Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides\n signal coverage to and offers service within the specific Census Tract (or other acceptable\n identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the\n boundaries of a license area, a licensee with authorizations for such areas may only include the\n population within the Census Tract (or other acceptable identifier) towards meeting the performance\n requirement of a single, individual license.\n\n (s) The following provisions apply to any licensee holding an AWS authorization in the 1695–1710 MHz,\n 1755–1780 MHz, and 2155–2180 MHz bands:\n\n (1) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date\n of the initial license to at least forty (40) percent of the population in each of its licensed areas\n (“Interim Buildout Requirement”).\n\n (2) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the\n date of the initial license to at least seventy-five (75) percent of the population in each of its licensed\n areas (“Final Buildout Requirement”).\n\n\n\n\n47 CFR 27.14(s)(2) (enhanced display) page 123 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(s)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed\n area, then the Final Buildout Requirement (in this paragraph (s)) and the AWS license term (as set\n forth in § 27.13(k)) for each license area in which it fails to meet the Interim Buildout Requirement\n shall be accelerated by two (2) years (from twelve (12) to ten (10) years).\n\n (4) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed\n area, its authorization for each license area in which it fails to meet the Final Buildout Requirement\n shall terminate automatically without Commission action and the licensee will be ineligible to regain\n it if the Commission makes the license available at a later date.\n\n (5) To demonstrate compliance with these performance requirements, licensees shall use the most\n recently available U.S. Census Data at the time of measurement and shall base their measurements\n of population served on areas no larger than the Census Tract level. The population within a specific\n Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides\n signal coverage to and offers service within the specific Census Tract (or other acceptable\n identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the\n boundaries of a license area, a licensee with authorizations for such areas may include only the\n population within the Census Tract (or other acceptable identifier) towards meeting the performance\n requirement of a single, individual license. For the Gulf of Mexico license area, the licensee shall\n demonstrate compliance with these performance requirements, using off-shore platforms, including\n production, manifold, compression, pumping and valving platforms as a proxy for population in the\n Gulf of Mexico.\n\n (t) The following provisions apply to any licensee holding an authorization in the 600 MHz band:\n\n (1) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date\n of the initial license to at least forty (40) percent of the population in each of its license areas\n (“Interim Buildout Requirement”).\n\n (2) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the\n date of the initial license to at least seventy-five (75) percent of the population in each of its license\n areas (“Final Buildout Requirement”).\n\n (3) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed\n area, then the Final Buildout Requirement (in this paragraph (t)) and the license term (as set forth in\n § 27.13(l)) for each license area in which it fails to meet the Interim Buildout Requirement shall be\n accelerated by two (2) years (from twelve (12) to ten (10) years).\n\n (4) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular license\n area, its authorization for each license area in which it fails to meet the Final Buildout Requirement\n shall terminate automatically without Commission action, and the licensee will be ineligible to regain\n it if the Commission makes the license available at a later date.\n\n (5) To demonstrate compliance with these performance requirements, licensees shall use the most\n recently available decennial U.S. Census Data at the time of measurement and shall base their\n measurements of population served on areas no larger than the Census Tract level. The population\n within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee\n only if it provides reliable signal coverage to and offers service within the specific Census Tract (or\n other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends\n beyond the boundaries of a license area, a licensee with authorizations for such areas may include\n only the population within the Census Tract (or other acceptable identifier) towards meeting the\n performance requirement of a single, individual license. For the Gulf of Mexico license area, the\n47 CFR 27.14(t)(5) (enhanced display) page 124 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(u)\nMiscellaneous Wireless Communications Services\n\n\n licensee shall demonstrate compliance with these performance requirements, using off-shore\n platforms, including production, manifold, compression, pumping and valving platforms as a proxy\n for population in the Gulf of Mexico.\n\n (u) This section enumerates performance requirements for EBS licenses initially issued after October 25,\n 2019. Licensees shall demonstrate compliance with performance requirements by filing a construction\n notification with the Commission, within 15 days of the expiration of the applicable benchmark, in\n accordance with the provisions set forth in § 1.946(d) of this chapter.\n\n (1) All EBS licenses initially issued after October 25, 2019, must demonstrate compliance with the\n performance requirements described in this paragraph (u). All equipment used to demonstrate\n compliance must be in use and actually providing service, either for internal use or to unaffiliated\n customers, as of the interim deadline or final deadline, whichever is applicable.\n\n (2) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing\n mobile or point-to-multipoint service must demonstrate reliable signal coverage of 50% of the\n population of the geographic service area within four years of initial license grant, and 80% of the\n population of the geographic service area within eight years of initial license grant.\n\n (3) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing fixed\n point-to-point service must demonstrate operation of one link for each 50,000 persons in the\n geographic service area within four years of initial license grant, and one link for each 25,000\n persons in the geographic service area within eight years of initial license grant.\n\n (4) Licensees with licenses applied for in the Tribal Priority Window must make an interim showing\n under paragraph (u)(2) or (3) of this section within two years of initial license grant. Licensees with\n licenses applied for in the Tribal Priority Window must make a final showing under paragraph (u)(2)\n or (3) of this section within five years of initial license grant.\n\n (5) If an EBS licensee (other than the licensee of a license issued pursuant to the Tribal Priority Window)\n fails to meet interim performance requirements described in paragraph (u)(2) or (3) of this section,\n the deadline for that authorization to meet its final performance requirement will be advanced by two\n years. If an EBS licensee of a license issued pursuant to the Tribal Priority Window fails to meet\n interim performance requirements described in paragraph (u)(2) or (3) of this section, the deadline\n for that authorization to meet its final performance requirement will be advanced by one year. If an\n EBS licensee fails to meet its final performance requirement, its license shall automatically terminate\n without specific Commission action.\n\n (v) The following provisions apply to any licensee holding an authorization in the 3700–3980 MHz band:\n\n (1) Licensees relying on mobile or point-to-multipoint service shall provide reliable signal coverage and\n offer service within eight (8) years from the date of the initial license to at least forty-five (45)\n percent of the population in each of its license areas (“First Buildout Requirement”). Licensee shall\n provide reliable signal coverage and offer service within twelve (12) years from the date of the initial\n license to at least eighty (80) percent of the population in each of its license areas (“Second Buildout\n Requirement”). Licensees relying on point-to-point service shall demonstrate within eight years of\n the license issue date that they have four links operating and providing service to customers or for\n internal use if the population within the license area is equal to or less than 268,000 and, if the\n population is greater than 268,000, that they have at least one link in operation and providing service\n to customers, or for internal use, per every 67,000 persons within a license area (“First Buildout\n Requirement”). Licensees relying on point-to-point service shall demonstrate within 12 years of the\n license issue date that they have eight links operating and providing service to customers or for\n47 CFR 27.14(v)(1) (enhanced display) page 125 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(v)(2)\nMiscellaneous Wireless Communications Services\n\n\n internal use if the population within the license area is equal to or less than 268,000 and, if the\n population within the license area is greater than 268,000, shall demonstrate they are providing\n service and have at least two links in operation per every 67,000 persons within a license area\n (“Second Buildout Requirement”).\n\n (2) In the alternative, a licensee offering Internet of Things-type services shall provide geographic area\n coverage within eight (8) years from the date of the initial license to thirty-five (35) percent of the\n license (“First Buildout Requirement”). A licensee offering Internet of Things-type services shall\n provide geographic area coverage within twelve (12) years from the date of the initial license to sixty-\n five (65) percent of the license (“Second Buildout Requirement”).\n\n (3) If a licensee fails to establish that it meets the First Buildout Requirement for a particular license\n area, the licensee's Second Buildout Requirement deadline and license term will be reduced by two\n years. If a licensee fails to establish that it meets the Second Buildout Requirement for a particular\n license area, its authorization for each license area in which it fails to meet the Second Buildout\n Requirement shall terminate automatically without Commission action, and the licensee will be\n ineligible to regain it if the Commission makes the license available at a later date.\n\n (4) To demonstrate compliance with these performance requirements, licensees shall use the most\n recently available decennial U.S. Census Data at the time of measurement and shall base their\n measurements of population or geographic area served on areas no larger than the Census Tract\n level. The population or area within a specific Census Tract (or other acceptable identifier) will be\n deemed served by the licensee only if it provides reliable signal coverage to and offers service within\n the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other\n acceptable identifier) extends beyond the boundaries of a license area, a licensee with\n authorizations for such areas may include only the population or geographic area within the Census\n Tract (or other acceptable identifier) towards meeting the performance requirement of a single,\n individual license. If a licensee does not provide reliable signal coverage to an entire license area, the\n license must provide a map that accurately depicts the boundaries of the area or areas within each\n license area not being served. Each licensee also must file supporting documentation certifying the\n type of service it is providing for each licensed area within its service territory and the type of\n technology used to provide such service. Supporting documentation must include the assumptions\n used to create the coverage maps, including the propagation model and the signal strength\n necessary to provide reliable service with the licensee's technology.\n\n (w) The following provisions apply to any licensee holding an authorization in the 3450–3550 MHz band:\n\n (1) Performance requirements. Licensees in the 3.45 GHz Service must meet the following benchmarks,\n based on the type of service they provide.\n\n (i) Mobile/point-to-multipoint service. Licensees relying on mobile or point-to-multipoint service\n shall provide reliable signal coverage and offer service within four (4) years from the date of the\n initial license to at least forty-five (45) percent of the population in each of its license areas\n (“First Performance Benchmark”). Licensees shall provide reliable signal coverage and offer\n service within eight (8) years from the date of the initial license to at least eighty (80) percent of\n the population in each of its license areas (“Second Performance Benchmark”).\n\n (ii) Point-to-point service. Licensees relying on point-to-point service shall demonstrate within four\n (4) years of the license issue date that, if the population within the license area is equal to or\n less than 268,000, they have four links operating and either provide service to customers or for\n internal use. If the population is greater than 268,000, they shall demonstrate they have at least\n\n47 CFR 27.14(w)(1)(ii) (enhanced display) page 126 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.14(w)(1)(iii)\nMiscellaneous Wireless Communications Services\n\n\n one link in operation and either provide service to customers or for internal use per every\n 67,000 persons within a license area (“First Performance Benchmark”). Licensees shall\n demonstrate within eight (8) years of the license issue date that, if the population within license\n area is equal to or less than 268,000, they have eight links operating and either provide service\n to customers or for internal use. If the population within the license area is greater than\n 268,000, they shall demonstrate they have at least two links in operation and either provide\n service to customers or for internal use per every 67,000 persons within a license area\n (“Second Performance Benchmark”).\n\n (iii) Internet of Things service. Licensees offering Internet of Things-type services shall provide\n geographic area coverage within four (4) years from the date of the initial license to thirty-five\n (35) percent of the license (“First Performance Benchmark”). Licensees shall provide\n geographic area coverage within eight (8) years from the date of the initial license to sixty-five\n (65) percent of the license (“Second Performance Benchmark”).\n\n (2) Failure to meet performance requirements. If a licensee fails to establish that it meets the First\n Performance Benchmark for a particular license area in paragraph (w)(1) of this section, the\n licensee's Second Performance Benchmark deadline and license term in paragraph (w)(1) of this\n section will be reduced by one year. If a licensee fails to establish that it meets the Second\n Performance Benchmark for a particular license area, its authorization for each license area in which\n it fails to meet the Second Performance Benchmark shall terminate automatically without\n Commission action, and the licensee will be ineligible to regain it if the Commission makes the\n license available at a later date.\n\n (3) Compliance procedures. To demonstrate compliance with the performance requirements in\n paragraph (w)(1) of this section, licensees shall use the most recently available decennial U.S.\n Census Data at the time of measurement and shall base their measurements of population or\n geographic area served on areas no larger than the Census Tract level. The population or area within\n a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if\n it provides reliable signal coverage to and offers service within the specific Census Tract (or other\n acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond\n the boundaries of a license area, a licensee with authorizations for such areas may include only the\n population or geographic area within the Census Tract (or other acceptable identifier) towards\n meeting the performance requirement of a single, individual license. If a licensee does not provide\n reliable signal coverage to an entire license area, the license must provide a map that accurately\n depicts the boundaries of the area or areas within each license area not being served. Each licensee\n also must file supporting documentation certifying the type of service it is providing for each\n licensed area within its service territory and the type of technology used to provide such service.\n Supporting documentation must include the assumptions used to create the coverage maps,\n including the propagation model and the signal strength necessary to provide reliable service with\n the licensee's technology.\n\n[62 FR 9658, Mar. 3, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.14, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n\n\n47 CFR 27.14(w)(3) (enhanced display) page 127 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.15\nMiscellaneous Wireless Communications Services\n\n\n§ 27.15 Geographic partitioning and spectrum disaggregation.\n (a) Eligibility.\n\n (1) Parties seeking approval for partitioning and disaggregation shall request from the Commission an\n authorization for partial assignment of a license pursuant to § 1.948.\n\n (2) AWS and WCS licensees may apply to partition their licensed geographic service area or\n disaggregate their licensed spectrum at any time following the grant of their licenses.\n\n (b) Technical Standards —\n\n (1) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to\n section 1.948 and list the partitioned service area on a schedule to the application. The geographic\n coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude\n and longitude and must be based upon the 1983 North American Datum (NAD83).\n\n (2) Disaggregation. Spectrum may be disaggregated in any amount.\n\n (3) Combined partitioning and disaggregation. The Commission will consider requests for partial\n assignment of licenses that propose combinations of partitioning and disaggregation.\n\n (4) Signal levels. For purposes of partitioning and disaggregation, part 27 systems must be designed so\n as not to exceed the signal level specified for the particular spectrum block in § 27.55 at the\n licensee's service area boundary, unless the affected adjacent service area licensees have agreed to\n a different signal level.\n\n (c) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the\n remainder of the original licensee's license term as provided for in § 27.13.\n\n[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; 65 FR 57268, Sept. 21, 2000; 67\nFR 45373, July 9, 2002; 69 FR 5715, Feb. 6, 2004; 72 FR 48848, Aug. 24, 2007; 78 FR 8268, Feb. 5, 2013; 78 FR 50255, Aug. 16,\n2013; 79 FR 596, Jan. 6, 2014; 79 FR 32412, June 4, 2014; 79 FR 48537, Aug. 15, 2014; 82 FR 41548, Sept. 1, 2017]\n\n\n§ 27.16 Network access requirements for Block C in the 746–757 and 776–787 MHz bands.\n (a) Applicability. This section shall apply only to the authorizations for Block C in the 746–757 and 776–787\n MHz bands assigned and only if the results of the first auction in which licenses for such authorizations\n are offered satisfied the applicable reserve price.\n\n (b) Use of devices and applications. Licensees offering service on spectrum subject to this section shall not\n deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on\n the licensee's C Block network, except:\n\n (1) Insofar as such use would not be compliant with published technical standards reasonably\n necessary for the management or protection of the licensee's network, or\n\n (2) As required to comply with statute or applicable government regulation.\n\n (c) Technical standards. For purposes of paragraph (b)(1) of this section:\n\n (1) Standards shall include technical requirements reasonably necessary for third parties to access a\n licensee's network via devices or applications without causing objectionable interference to other\n spectrum users or jeopardizing network security. The potential for excessive bandwidth demand\n alone shall not constitute grounds for denying, limiting or restricting access to the network.\n47 CFR 27.16(c)(1) (enhanced display) page 128 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.16(c)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) To the extent a licensee relies on standards established by an independent standards-setting body\n which is open to participation by representatives of service providers, equipment manufacturers,\n application developers, consumer organizations, and other interested parties, the standards will\n carry a presumption of reasonableness.\n\n (3) A licensee shall publish its technical standards, which shall be non-proprietary, no later than the time\n at which it makes such standards available to any preferred vendors, so that the standards are\n readily available to customers, equipment manufacturers, application developers, and other parties\n interested in using or developing products for use on a licensee's networks.\n\n (d) Access requests.\n\n (1) Licensees shall establish and publish clear and reasonable procedures for parties to seek approval\n to use devices or applications on the licensees' networks. A licensee must also provide to potential\n customers notice of the customers' rights to request the attachment of a device or application to the\n licensee's network, and notice of the licensee's process for customers to make such requests,\n including the relevant network criteria.\n\n (2) If a licensee determines that a request for access would violate its technical standards or regulatory\n requirements, the licensee shall expeditiously provide a written response to the requester specifying\n the basis for denying access and providing an opportunity for the requester to modify its request to\n satisfy the licensee's concerns.\n\n (e) Handset locking prohibited. No licensee may disable features on handsets it provides to customers, to the\n extent such features are compliant with the licensee's standards pursuant to paragraph (b)of this section,\n nor configure handsets it provides to prohibit use of such handsets on other providers' networks.\n\n (f) Burden of proof. Once a complainant sets forth a prima facie case that the C Block licensee has refused\n to attach a device or application in violation of the requirements adopted in this section, the licensee shall\n have the burden of proof to demonstrate that it has adopted reasonable network standards and\n reasonably applied those standards in the complainant's case. Where the licensee bases its network\n restrictions on industry-wide consensus standards, such restrictions would be presumed reasonable.\n\n[72 FR 48849, Aug. 24, 2007]\n\n\nSubpart C—Technical Standards\n§ 27.50 Power limits and duty cycle.\n (a) The following power limits and related requirements apply to stations transmitting in the 2305–2320 MHz\n band or the 2345–2360 MHz band.\n\n (1) Base and fixed stations.\n\n (i) For base and fixed stations transmitting in the 2305–2315 MHz band or the 2350–2360 MHz\n band:\n\n (A) The average equivalent isotropically radiated power (EIRP) must not exceed 2,000 watts\n within any 5 megahertz of authorized bandwidth and must not exceed 400 watts within\n any 1 megahertz of authorized bandwidth.\n\n\n\n\n47 CFR 27.50(a)(1)(i)(A) (enhanced display) page 129 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(a)(1)(i)(B)\nMiscellaneous Wireless Communications Services\n\n\n (B) The peak-to-average power ratio (PAPR) of the transmitter output power must not exceed\n 13 dB. The PAPR measurements should be made using either an instrument with\n complementary cumulative distribution function (CCDF) capabilities to determine that\n PAPR will not exceed 13 dB for more than 0.1 percent of the time or other Commission\n approved procedure. The measurement must be performed using a signal corresponding\n to the highest PAPR expected during periods of continuous transmission.\n\n (ii) For base and fixed stations transmitting in the 2315–2320 MHz band or the 2345–2350 MHz\n band, the peak EIRP must not exceed 2,000 watts.\n\n (2) Fixed customer premises equipment stations. For fixed customer premises equipment (CPE) stations\n transmitting in the 2305–2320 MHz band or in the 2345–2360 MHz band, the peak EIRP must not\n exceed 20 watts within any 5 megahertz of authorized bandwidth. Fixed CPE stations transmitting in\n the 2305–2320 MHz band or in the 2345–2360 MHz band must employ automatic transmit power\n control when operating so the stations operate with the minimum power necessary for successful\n communications. The use of outdoor antennas for CPE stations or outdoor CPE station installations\n operating with 2 watts per 5 megahertz or less average EIRP using the stepped emissions mask\n prescribed in § 27.53(a)(3) is prohibited except if professionally installed in locations removed by 20\n meters from roadways or in locations where it can be shown that the ground power level of −44 dBm\n in the A or B blocks or −55 dBm in the C or D blocks will not be exceeded at the nearest road\n location. The use of outdoor antennas for fixed CPE stations operating with 2 watts per 5 megahertz\n or less average EIRP and the emissions mask prescribed in § 27.53(a)(1)(i) through (iii) is permitted\n in all locations. For fixed WCS CPE using TDD technology, the duty cycle must not exceed 38 percent;\n\n (3) Mobile and portable stations.\n\n (i) For mobile and portable stations transmitting in the 2305–2315 MHz band or the 2350–2360\n MHz band, the average EIRP must not exceed 50 milliwatts within any 1 megahertz of\n authorized bandwidth, except that for mobile and portable stations compliant with 3GPP LTE\n standards or another advanced mobile broadband protocol that avoids concentrating energy at\n the edge of the operating band the average EIRP must not exceed 250 milliwatts within any 5\n megahertz of authorized bandwidth but may exceed 50 milliwatts within any 1 megahertz of\n authorized bandwidth. For mobile and portable stations using time division duplexing (TDD)\n technology, the duty cycle must not exceed 38 percent in the 2305–2315 MHz and 2350–2360\n MHz bands. Mobile and portable stations using FDD technology are restricted to transmitting in\n the 2305–2315 MHz band. Power averaging shall not include intervals in which the transmitter\n is off.\n\n (ii) Mobile and portable stations are not permitted to transmit in the 2315–2320 MHz and\n 2345–2350 MHz bands.\n\n (iii) Automatic transmit power control. Mobile and portable stations transmitting in the 2305–2315\n MHz band or in the 2350–2360 MHz band must employ automatic transmit power control\n when operating so the stations operate with the minimum power necessary for successful\n communications.\n\n (iv) Prohibition on external vehicle-mounted antennas. The use of external vehicle-mounted\n antennas for mobile and portable stations transmitting in the 2305–2315 MHz band or the\n 2350–2360 MHz band is prohibited.\n\n (b) The following power and antenna height limits apply to transmitters operating in the 746–758 MHz,\n 775–788 MHz and 805–806 MHz bands:\n47 CFR 27.50(b) (enhanced display) page 130 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(b)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) Fixed and base stations transmitting a signal in the 757–758 and 775–776 MHz bands must not\n exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height\n above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if\n power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section.\n\n (2) Fixed and base stations transmitting a signal in the 746–757 MHz and 776–787 MHz bands with an\n emission bandwidth of 1 MHz or less must not exceed an ERP of 1000 watts and an antenna height\n of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels\n are reduced below 1000 watts ERP in accordance with Table 1 of this section.\n\n (3) Fixed and base stations located in a county with population density of 100 or fewer persons per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, and transmitting a signal in the 746–757 MHz and 776–787 MHz bands with an emission\n bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m\n HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are\n reduced below 2000 watts ERP in accordance with Table 2 of this section.\n\n (4) Fixed and base stations transmitting a signal in the 746–757 MHz and 776–787 MHz bands with an\n emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an\n antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted\n if power levels are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this section.\n\n (5) Fixed and base stations located in a county with population density of 100 or fewer persons per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, and transmitting a signal in the 746–757 MHz and 776–787 MHz bands with an emission\n bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height\n of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels\n are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section.\n\n (6) Licensees of fixed or base stations transmitting a signal in the 746–757 MHz and 776–787 MHz\n bands at an ERP greater than 1000 watts must comply with the provisions set forth in paragraph\n (b)(8) of this section and § 27.55(c).\n\n (7) Licensees seeking to operate a fixed or base station located in a county with population density of\n 100 or fewer persons per square mile, based upon the most recently available population statistics\n from the Bureau of the Census, and transmitting a signal in the 746–757 MHz and 776–787 MHz\n bands at an ERP greater than 1000 watts must:\n\n (i) Coordinate in advance with all licensees authorized to operate in the 698–758 MHz, 775–788,\n and 805–806 MHz bands within 120 kilometers (75 miles) of the base or fixed station;\n\n (ii) coordinate in advance with all regional planning committees, as identified in § 90.527 of this\n chapter, with jurisdiction within 120 kilometers (75 miles) of the base or fixed station.\n\n (8) Licensees authorized to transmit in the 746–757 MHz and 776–787 MHz bands and intending to\n operate a base or fixed station at a power level permitted under the provisions of paragraph (b)(6) of\n this section must provide advanced notice of such operation to the Commission and to licensees\n authorized in their area of operation. Licensees who must be notified are all licensees authorized to\n operate in the 758–775 MHz and 788–805 MHz bands under part 90 of this chapter within 75 km of\n the base or fixed station and all regional planning committees, as identified in § 90.527 of this\n chapter, with jurisdiction within 75 km of the base or fixed station. Notifications must provide the\n\n\n47 CFR 27.50(b)(8) (enhanced display) page 131 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(b)(9)\nMiscellaneous Wireless Communications Services\n\n\n location and operating parameters of the base or fixed station, including the station's ERP, antenna\n coordinates, antenna height above ground, and vertical antenna pattern, and such notifications must\n be provided at least 90 days prior to the commencement of station operation.\n\n (9) Control stations and mobile stations transmitting in the 746–757 MHz, 776–788 MHz, and 805–806\n MHz bands and fixed stations transmitting in the 787–788 MHz and 805–806 MHz bands are limited\n to 30 watts ERP.\n\n (10) Portable stations (hand-held devices) transmitting in the 746–757 MHz, 776–788 MHz, and 805–806\n MHz bands are limited to 3 watts ERP.\n\n (11) For transmissions in the 757–758, 775–776, 787–788, and 805–806 MHz bands, maximum\n composite transmit power shall be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of RMS-equivalent voltage. The measurement results shall be\n properly adjusted for any instrument limitations, such as detector response times, limited resolution\n bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true\n maximum composite measurement for the emission in question over the full bandwidth of the\n channel.\n\n (12) For transmissions in the 746–757 and 776–787 MHz bands, licensees may employ equipment\n operating in compliance with either the measurement techniques described in paragraph (b)(11) of\n this section or a Commission-approved average power technique. In both instances, equipment\n employed must be authorized in accordance with the provisions of § 27.51.\n\n (c) The following power and antenna height requirements apply to stations transmitting in the 600 MHz band\n and the 698–746 MHz band:\n\n (1) Fixed and base stations transmitting a signal with an emission bandwidth of 1 MHz or less must not\n exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height\n above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if\n power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section;\n\n (2) Fixed and base stations located in a county with population density of 100 or fewer persons per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, and transmitting a signal with an emission bandwidth of 1 MHz or less must not exceed an\n ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than\n 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with\n Table 2 of this section;\n\n (3) Fixed and base stations transmitting a signal with an emission bandwidth greater than 1 MHz must\n not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna\n heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz\n ERP in accordance with Table 3 of this section;\n\n (4) Fixed and base stations located in a county with population density of 100 or fewer persons per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, and transmitting a signal with an emission bandwidth greater than 1 MHz must not exceed\n an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights\n greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in\n accordance with Table 4 of this section;\n\n\n\n\n47 CFR 27.50(c)(4) (enhanced display) page 132 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(c)(5)\nMiscellaneous Wireless Communications Services\n\n\n (5) Licensees, except for licensees operating in the 600 MHz downlink band, seeking to operate a fixed\n or base station located in a county with population density of 100 or fewer persons per square mile,\n based upon the most recently available population statistics from the Bureau of the Census, and\n transmitting a signal at an ERP greater than 1000 watts must:\n\n (i) Coordinate in advance with all licensees authorized to operate in the 698–758 MHz, 775–788,\n and 805–806 MHz bands within 120 kilometers (75 miles) of the base or fixed station;\n\n (ii) coordinate in advance with all regional planning committees, as identified in § 90.527 of this\n chapter, with jurisdiction within 120 kilometers (75 miles) of the base or fixed station.\n\n (6) Licensees of fixed or base stations transmitting a signal at an ERP greater than 1000 watts and\n greater than 1000 watts/MHz must comply with the provisions of paragraph (c)(8) of this section\n and § 27.55(b), except that licensees of fixed or base stations located in a county with population\n density of 100 or fewer persons per square mile, based upon the most recently available population\n statistics from the Bureau of the Census, must comply with the provisions of paragraph (c)(8) of this\n section and § 27.55(b) only if transmitting a signal at an ERP greater than 2000 watts and greater\n than 2000 watts/MHz;\n\n (7) A licensee authorized to operate in the 710–716 or 740–746 MHz bands may operate a fixed or base\n station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the\n licensee complies with the provisions of § 27.55(b). The antenna height for such stations is limited\n only to the extent required to satisfy the requirements of § 27.55(b).\n\n (8) Licensees intending to operate a base or fixed station at a power level permitted under the provisions\n of paragraph (c)(6) of this section must provide advanced notice of such operation to the\n Commission and to licensees authorized in their area of operation. Licensees who must be notified\n are all licensees authorized under this part to operate on an adjacent spectrum block within 75 km of\n the base or fixed station. Notifications must provide the location and operating parameters of the\n base or fixed station, including the station's ERP, antenna coordinates, antenna height above ground,\n and vertical antenna pattern, and such notifications must be provided at least 90 days prior to the\n commencement of station operation.\n\n (9) Control and mobile stations in the 698–746 MHz band are limited to 30 watts ERP.\n\n (10) Portable stations (hand-held devices) in the 600 MHz uplink band and the 698–746 MHz band, and\n fixed and mobile stations in the 600 MHz uplink band are limited to 3 watts ERP.\n\n (11) Licensees may employ equipment operating in compliance with either the measurement techniques\n described in paragraph (b)(11) of this section or a Commission-approved average power technique.\n In both instances, equipment employed must be authorized in accordance with the provisions of §\n 27.51.\n\n (12) A licensee authorized to operate in the 716–722 or 722–728 MHz bands may operate a fixed or base\n station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the\n licensee complies with the provisions of § 27.55(b), obtains written concurrences from all affected\n licensees in the 698–746 MHz bands within 120 km of the proposed high power site, and files a\n copy of each written concurrences with the Wireless Telecommunications Bureau on FCC Form 601.\n The antenna height for such stations is limited only to the extent required to satisfy the requirements\n of § 27.55(b).\n\n\n\n\n47 CFR 27.50(c)(12) (enhanced display) page 133 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(c)(13)\nMiscellaneous Wireless Communications Services\n\n\n (13) Licensees authorized to operate in the 716–722 or 722–728 MHz bands must coordinate with\n licensees with uplink operations in the 698–716 MHz band to mitigate the potential for harmful\n interference. Licensees authorized to operate in the 716–722 or 722–728 MHz bands must mitigate\n harmful interference to licensees' uplink operations in the 698–716 MHz band within 30 days after\n receiving written notice from the affected licensees. A licensee authorized to operate in the 716–722\n or 722–728 MHz bands must ensure that 716–728 MHz band transmissions are filtered at least to\n the extent that the 716–728 MHz band transmissions are filtered in markets where the 716–728\n MHz band licensee holds any license in the 698–716 band, as applicable. For purposes of\n coordination and mitigations measures in paragraphs (i) and (iii) below, network will be deemed\n “deployed” as of the date upon which the network is able to support a commercial mobile or data\n service. The coordination and mitigation measures should include, but are not limited to, the\n following:\n\n (i) If a licensee operating in the 698–716 and 728–746 MHz band deploys a network after the\n 716–722 or 722–728 MHz bands licensee deploys a network on its 716–722 or 722–728 MHz\n spectrum in the same geographic market, the 716–722 or 722–728 MHz bands licensee will\n work with the licensee with uplink operations in the 698–716 MHz band to identify sites that\n will require additional filtering, and will help the licensee operating in the 698–716 and 728–746\n MHz bands to identify proper filters;\n\n (ii) The 716–722 or 722–728 MHz bands licensee must permit licensees operating in the 698–716\n and 728–746 MHz bands to collocate on the towers it owns at prevailing market rates; and\n\n (iii) If a 698–716 and 728–746 MHz bands licensee deploys a network before a licensee in the\n 716–722 or 722–728 MHz bands deploys a network in the same geographic market, the\n 716–722 or 722–728 MHz bands licensee will work with licensees in the 698–716 and\n 728–746 MHz bands to identify sites that will need additional filtering and will purchase and\n pay for installation of required filters on such sites.\n\n (d) The following power and antenna height requirements apply to stations transmitting in the 1695–1710\n MHz, 1710–1755 MHz, 1755–1780 MHz, 1915–1920 MHz, 1995–2000 MHz, 2000–2020 MHz,\n 2110–2155 MHz, 2155–2180 MHz and 2180–2200 MHz bands:\n\n (1) The power of each fixed or base station transmitting in the 1995–2000 MHz, 2110–2155 MHz,\n 2155–2180 MHz or 2180–2200 MHz band and located in any county with population density of 100\n or fewer persons per square mile, based upon the most recently available population statistics from\n the Bureau of the Census, is limited to:\n\n (i) An equivalent isotropically radiated power (EIRP) of 3280 watts when transmitting with an\n emission bandwidth of 1 MHz or less;\n\n (ii) An EIRP of 3280 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz.\n\n (2) The power of each fixed or base station transmitting in the 1995–2000 MHz, the 2110–2155 MHz\n 2155–2180 MHz band, or 2180–2200 MHz band and situated in any geographic location other than\n that described in paragraph (d)(1) of this section is limited to:\n\n (i) An equivalent isotropically radiated power (EIRP) of 1640 watts when transmitting with an\n emission bandwidth of 1 MHz or less;\n\n (ii) An EIRP of 1640 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz.\n\n\n\n47 CFR 27.50(d)(2)(ii) (enhanced display) page 134 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(d)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) A licensee operating a base or fixed station in the 2110–2155 MHz band utilizing a power greater\n than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must coordinate such operations in\n advance with all Government and non-Government satellite entities in the 2025–2110 MHz band. A\n licensee operating a base or fixed station in the 2110–2180 MHz band utilizing power greater than\n 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with the\n following licensees authorized to operate within 120 kilometers (75 miles) of the base or fixed\n station operating in this band: All Broadband Radio Service (BRS) licensees authorized under this\n part in the 2155–2160 MHz band and all advanced wireless services (AWS) licensees authorized to\n operate on adjacent frequency blocks in the 2110–2180 MHz band.\n\n (4) Fixed, mobile, and portable (hand-held) stations operating in the 1710–1755 MHz band and mobile\n and portable stations operating in the 1695–1710 MHz and 1755–1780 MHz bands are limited to 1\n watt EIRP. Fixed stations operating in the 1710–1755 MHz band are limited to a maximum antenna\n height of 10 meters above ground. Mobile and portable stations operating in these bands must\n employ a means for limiting power to the minimum necessary for successful communications.\n\n (5) Equipment employed must be authorized in accordance with the provisions of § 24.51. Power\n measurements for transmissions by stations authorized under this section may be made either in\n accordance with a Commission-approved average power technique or in compliance with paragraph\n (d)(6) of this section. In measuring transmissions in this band using an average power technique, the\n peak-to-average ratio (PAR) of the transmission may not exceed 13 dB.\n\n (6) Peak transmit power must be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be\n properly adjusted for any instrument limitations, such as detector response times, limited resolution\n bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a\n true peak measurement for the emission in question over the full bandwidth of the channel.\n\n (7) Fixed, mobile, and portable (hand-held) stations operating in the 2000–2020 MHz band are limited to\n 2 watts EIRP, except that the total power of any portion of an emission that falls within the\n 2000–2005 MHz band may not exceed 5 milliwatts. A licensee of AWS–4 authority may enter into\n private operator-to-operator agreements with all 1995–2000 MHz licensees to operate in 2000–2005\n MHz at power levels above 5 milliwatts EIRP; except the total power of the AWS–4 mobile emissions\n may not exceed 2 watts EIRP.\n\n (8) A licensee operating a base or fixed station in the 2180–2200 MHz band utilizing a power greater\n than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with\n all AWS licensees authorized to operate on adjacent frequency blocks in the 2180–2200 MHz band.\n\n (9) Fixed, mobile and portable (hand-held) stations operating in the 1915–1920 MHz band are limited to\n 300 milliwatts EIRP.\n\n (10) A licensee operating a base or fixed station in the 1995–2000 MHz band utilizing a power greater\n than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with\n all PCS G Block licensees authorized to operate on adjacent frequency blocks in the 1990–1995\n MHz band within 120 kilometers of the base or fixed station operating in this band.\n\n (e) The following power limits apply to the paired 1392–1395 MHz and 1432–1435 MHz bands as well as the\n unpaired 1390–1392 MHz band (1.4 GHz band):\n\n\n\n\n47 CFR 27.50(e) (enhanced display) page 135 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(e)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) Fixed stations transmitting in the 1390–1392 MHz and 1432–1435 MHz bands are limited to 2000\n watts EIRP peak power. Fixed stations transmitting in the 1392–1395 MHz band are limited to 100\n watts EIRP peak power.\n\n (2) Mobile stations transmitting in the 1390–1392 MHz and 1432–1435 MHz bands are limited to 4\n watts EIRP peak power. Mobile stations transmitting in the1392–1395 MHz band are limited to 1\n watt EIRP peak power.\n\n (f) The following power limits apply to the 1670–1675 MHz band:\n\n (1) Fixed and base stations are limited to 2000 watts EIRP peak power.\n\n (2) Mobile stations are limited to 4 watts EIRP peak power.\n\n (g) [Reserved]\n\n (h) The following power limits shall apply in the BRS and EBS:\n\n (1) Main, booster and base stations.\n\n (i) The maximum EIRP of a main, booster or base station shall not exceed 33 dBW + 10log(X/Y)\n dBW, where X is the actual channel width in MHz and Y is either 6 MHz if prior to transition or\n the station is in the MBS following transition or 5.5 MHz if the station is in the LBS and UBS\n following transition, except as provided in paragraph (h)(1)(ii) of this section.\n\n (ii) If a main or booster station sectorizes or otherwise uses one or more transmitting antennas\n with a non-omnidirectional horizontal plane radiation pattern, the maximum EIRP in dBW in a\n given direction shall be determined by the following formula: EIRP = 33 dBW + 10 log(X/Y) dBW\n + 10 log(360/beamwidth) dBW, where X is the actual channel width in MHz, Y is either (i) 6 MHz\n if prior to transition or the station is in the MBS following transition or (ii) 5.5 MHz if the station\n is in the LBS and UBS following transition, and beamwidth is the total horizontal plane\n beamwidth of the individual transmitting antenna for the station or any sector measured at the\n half-power points.\n\n (2) Mobile and other user stations. Mobile stations are limited to 2.0 watts EIRP. All user stations are\n limited to 2.0 watts transmitter output power.\n\n (3) For television transmission, the peak power of the accompanying aural signal must not exceed 10\n percent of the peak visual power of the transmitter. The Commission may order a reduction in aural\n signal power to diminish the potential for harmful interference.\n\n (4) For main, booster and response stations utilizing digital emissions with non-uniform power spectral\n density (e.g. unfiltered QPSK), the power measured within any 100 kHz resolution bandwidth within\n the 6 MHz channel occupied by the non-uniform emission cannot exceed the power permitted within\n any 100 kHz resolution bandwidth within the 6 MHz channel if it were occupied by an emission with\n uniform power spectral density, i.e., if the maximum permissible power of a station utilizing a\n perfectly uniform power spectral density across a 6 MHz channel were 2000 watts EIRP, this would\n result in a maximum permissible power flux density for the station of 2000/60 = 33.3 watts EIRP per\n 100 kHz bandwidth. If a non-uniform emission were substituted at the station, station power would\n still be limited to a maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz channel,\n irrespective of the fact that this would result in a total 6 MHz channel power of less than 2000 watts\n EIRP.\n\n\n\n47 CFR 27.50(h)(4) (enhanced display) page 136 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) Peak transmit power shall be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of rms-equivalent voltage. The measurement results shall be properly\n adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth\n capability when compared to the emission bandwidth, etc., so as to obtain a true peak measurement for\n the emission in question over the full bandwidth of the channel.\n\n (j) The following power requirements apply to stations transmitting in the 3700–3980 MHz band:\n\n (1) The power of each fixed or base station transmitting in the 3700–3980 MHz band and located in any\n county with population density of 100 or fewer persons per square mile, based upon the most\n recently available population statistics from the Bureau of the Census, is limited to an equivalent\n isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of\n all antenna elements in any given sector of a base station.\n\n (2) The power of each fixed or base station transmitting in the 3700–3980 MHz band and situated in any\n geographic location other than that described in paragraph (j)(1) of this section is limited to an EIRP\n of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given\n sector of a base station.\n\n (3) Mobile and portable stations are limited to 1 Watt EIRP. Mobile and portable stations operating in\n these bands must employ a means for limiting power to the minimum necessary for successful\n communications.\n\n (4) Equipment employed must be authorized in accordance with the provisions of § 27.51. Power\n measurements for transmissions by stations authorized under this section may be made either in\n accordance with a Commission-approved average power technique or in compliance with paragraph\n (j)(5) of this section. In measuring transmissions in this band using an average power technique, the\n peak-to-average ratio (PAR) of the transmission may not exceed 13 dB.\n\n (5) Peak transmit power must be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be\n properly adjusted for any instrument limitations, such as detector response times, limited resolution\n bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant\n factors, so as to obtain a true peak measurement for the emission in question over the full\n bandwidth of the channel.\n\n (k) The following power requirements apply to stations transmitting in the 3450–3550 MHz band:\n\n (1) The power of each fixed or base station transmitting in the 3450–3550 MHz band and located in any\n county with population density of 100 or fewer persons per square mile, based upon the most\n recently available population statistics from the Bureau of the Census, is limited to an equivalent\n isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of\n all antenna elements in any given sector of a base station.\n\n (2) The power of each fixed or base station transmitting in the 3450–3550 MHz band and situated in any\n geographic location other than that described in paragraph (k)(1) of this section is limited to an EIRP\n of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given\n sector of a base station.\n\n (3) Mobile devices are limited to 1Watt (30 dBm) EIRP. Mobile devices operating in these bands must\n employ a means for limiting power to the minimum necessary for successful communications.\n\n\n\n47 CFR 27.50(k)(3) (enhanced display) page 137 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(k)(4)\nMiscellaneous Wireless Communications Services\n\n\n (4) Equipment employed must be authorized in accordance with the provisions of § 27.51. Power\n measurements for transmissions by stations authorized under this section may be made either in\n accordance with a Commission-approved average power technique or in compliance with paragraph\n (k)(5) of this section. In measuring transmissions in this band using an average power technique, the\n peak-to-average ratio (PAR) of the transmission may not exceed 13 dB.\n\n (5) Peak transmit power must be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be\n properly adjusted for any instrument limitations, such as detector response times, limited resolution\n bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant\n factors, so as to obtain a true peak measurement for the emission in question over the full\n bandwidth of the channel.\n\n\n Table 1 to § 27.50—Permissible Power and Antenna Heights for Base and\n Fixed Stations in the 757–758 and 775–776 MHz Bands and for Base and\nFixed Stations in the 600 MHz, 698–757 MHz, 758–763 MHz, 776–787 MHz\nand 788–793 MHz Bands Transmitting a Signal With an Emission Bandwidth\n of 1 MHz or Less\n\n Antenna height (AAT) in\n Effective radiated power (ERP)\n meters\n (watts)\n (feet)\n Above 1372 (4500) 65\n Above 1220 (4000) To 1372 (4500) 70\n Above 1067 (3500) To 1220 (4000) 75\n Above 915 (3000) To 1067 (3500) 100\n Above 763 (2500) To 915 (3000) 140\n Above 610 (2000) To 763 (2500) 200\n Above 458 (1500) To 610 (2000) 350\n Above 305 (1000) To 458 (1500) 600\n Up to 305 (1000) 1000\n\n\n Table 2 to § 27.50—Permissible Power and Antenna Heights for Base and\nFixed Stations in the 600 MHz, 698–757 MHz, 758–763 MHz, 776–787 MHz\nand 788–793 MHz Bands Transmitting a Signal With an Emission Bandwidth\n of 1 MHz or Less\n\n Antenna height (AAT) in\n Effective radiated power (ERP)\n meters\n (watts)\n (feet)\n Above 1372 (4500) 130\n Above 1220 (4000) To 1372 (4500) 140\n Above 1067 (3500) To 1220 (4000) 150\n\n\n47 CFR 27.50(k)(5) (enhanced display) page 138 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.50(k)(5)\nMiscellaneous Wireless Communications Services\n\n\n Antenna height (AAT) in\n Effective radiated power (ERP)\n meters\n (watts)\n (feet)\n Above 915 (3000) To 1067 (3500) 200\n Above 763 (2500) To 915 (3000) 280\n Above 610 (2000) To 763 (2500) 400\n Above 458 (1500) To 610 (2000) 700\n Above 305 (1000) To 458 (1500) 1200\n Up to 305 (1000) 2000\n\n\n Table 3 to § 27.50—Permissible Power and Antenna Heights for Base and\nFixed Stations in the 600 MHz, 698–757 MHz, 758–763 MHz, 776–787 MHz\nand 788–793 MHz Bands Transmitting a Signal With an Emission Bandwidth\n Greater than 1 MHz\n\n Antenna height (AAT) in\n Effective radiated power (ERP) per MHz\n meters\n (watts/MHz)\n (feet)\n Above 1372 (4500) 65\n Above 1220 (4000) To 1372 (4500) 70\n Above 1067 (3500) To 1220 (4000) 75\n Above 915 (3000) To 1067 (3500) 100\n Above 763 (2500) To 915 (3000) 140\n Above 610 (2000) To 763 (2500) 200\n Above 458 (1500) To 610 (2000) 350\n Above 305 (1000) To 458 (1500) 600\n Up to 305 (1000) 1000\n\n\n Table 4 to § 27.50—Permissible Power and Antenna Heights for Base and\nFixed Stations in the 600 MHz, 698–757 MHz, 758–763 MHz, 776–787 MHz\nand 788–793 MHz Bands Transmitting a Signal With an Emission Bandwidth\n Greater than 1 MHz\n\n Antenna height (AAT) in\n Effective radiated power (ERP) per MHz\n meters\n (watts/MHz)\n (feet)\n Above 1372 (4500) 130\n Above 1220 (4000) To 1372 (4500) 140\n Above 1067 (3500) To 1220 (4000) 150\n Above 915 (3000) To 1067 (3500) 200\n Above 763 (2500) To 915 (3000) 280\n\n\n47 CFR 27.50(k)(5) (enhanced display) page 139 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.51\nMiscellaneous Wireless Communications Services\n\n\n Antenna height (AAT) in\n Effective radiated power (ERP) per MHz\n meters\n (watts/MHz)\n (feet)\n Above 610 (2000) To 763 (2500) 400\n Above 458 (1500) To 610 (2000) 700\n Above 305 (1000) To 458 (1500) 1200\n Up to 305 (1000) 2000\n\n\n[62 FR 16497, Apr. 7, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.50, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.51 Equipment authorization.\n (a) Each transmitter utilized for operation under this part must be of a type that has been authorized by the\n Commission under its certification procedure.\n\n (b) Any manufacturer of radio transmitting equipment to be used in these services may request equipment\n authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment\n authorization for an individual transmitter may be requested by an applicant for a station authorization by\n following the procedures set forth in part 2 of this chapter.\n\n[65 FR 3147, Jan. 20, 2000]\n\n\n§ 27.52 RF exposure.\nLicensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure\nrequirements in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment\nauthorization of mobile or portable devices operating under this section must contain a statement confirming\ncompliance with these requirements. Technical information showing the basis for this statement must be\nsubmitted to the Commission upon request.\n\n[85 FR 18151, Apr. 1, 2020]\n\n\n§ 27.53 Emission limits.\n (a) For operations in the 2305–2320 MHz band and the 2345–2360 MHz band, the power of any emission\n outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power P\n (with averaging performed only during periods of transmission) within the licensed band(s) of operation,\n in watts, by the following amounts:\n\n (1) For base and fixed stations' operations in the 2305–2320 MHz band and the 2345–2360 MHz band:\n\n (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz\n and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of\n operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz;\n\n\n\n47 CFR 27.53(a)(1)(i) (enhanced display) page 140 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(a)(1)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz,\n 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all\n frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz;\n\n (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5\n MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB\n on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies\n between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz.\n\n (2) For fixed customer premises equipment (CPE) stations operating in the 2305–2320 MHz band and\n the 2345–2360 MHz band transmitting with more than 2 watts per 5 megahertz average EIRP:\n\n (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz\n and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of\n operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz;\n\n (ii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz,\n 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all\n frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz;\n\n (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5\n MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB\n on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies\n between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz.\n\n (3) For fixed CPE stations operating in the 2305–2320 MHz and 2345–2360 MHz bands transmitting\n with 2 watts per 5 megahertz average EIRP or less:\n\n (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz\n and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of\n operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and\n between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324\n and 2328 MHz and between 2337 and 2341 MHz, and not less than 67 + 10 log (P) dB on all\n frequencies between 2328 and 2337 MHz;\n\n (ii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz,\n 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all\n frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288\n and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz;\n\n (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz,\n and not less than 70 + 10 log (P) dB above 2365 MHz.\n\n (4) For mobile and portable stations operating in the 2305–2315 MHz and 2350–2360 MHz bands:\n\n (i) By a factor of not less than: 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz\n and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of\n operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and\n on all frequencies between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all\n frequencies between 2324 and 2328 MHz and on all frequencies between 2337 and 2341 MHz,\n and not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz;\n\n\n\n47 CFR 27.53(a)(4)(i) (enhanced display) page 141 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(a)(4)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz,\n 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all\n frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288\n and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz;\n\n (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz,\n and not less than 70 + 10 log (P) dB above 2365 MHz.\n\n (5) Measurement procedure. Compliance with these rules is based on the use of measurement\n instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands\n immediately outside and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345, 2350,\n 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent of the emission bandwidth of the\n fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is\n permitted in all cases to improve measurement accuracy provided the measured power is integrated\n over the full required measurement bandwidth (i.e., 1 MHz). The emission bandwidth is defined as\n the width of the signal between two points, one below the carrier center frequency and one above\n the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the\n transmitter power.\n\n (6) [Reserved]\n\n (7) The measurements of emission power can be expressed in peak or average values, provided they are\n expressed in the same parameters as the transmitter power;\n\n (8) Waiver requests of any of the out-of-band emission limits in paragraphs (a)(1) through (a)(7) of this\n section shall be entertained only if interference protection equivalent to that afforded by the limits is\n shown;\n\n (9) [Reserved]\n\n (10) The out-of-band emissions limits in paragraphs (a)(1) through (a)(3) of this section may be modified\n by the private contractual agreement of all affected licensees, who must maintain a copy of the\n agreement in their station files and disclose it to prospective assignees, transferees, or spectrum\n lessees and, upon request, to the Commission.\n\n (b) For WCS Satellite DARS operations: The limits set forth in § 25.202(f) of this chapter shall apply, except\n that Satellite DARS operations shall be limited to a maximum power flux density of −197 dBW/m2/4 kHz\n in the 2370–2390 MHz band at Arecibo, Puerto Rico.\n\n (c) For operations in the 746–758 MHz band and the 776–788 MHz band, the power of any emission outside\n the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within\n the licensed band(s) of operation, measured in watts, in accordance with the following:\n\n (1) On any frequency outside the 746–758 MHz band, the power of any emission shall be attenuated\n outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB;\n\n (2) On any frequency outside the 776–788 MHz band, the power of any emission shall be attenuated\n outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB;\n\n (3) On all frequencies between 763–775 MHz and 793–805 MHz, by a factor not less than 76 + 10 log\n (P) dB in a 6.25 kHz band segment, for base and fixed stations;\n\n (4) On all frequencies between 763–775 MHz and 793–805 MHz, by a factor not less than 65 + 10 log\n (P) dB in a 6.25 kHz band segment, for mobile and portable stations;\n\n47 CFR 27.53(c)(4) (enhanced display) page 142 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(c)(5)\nMiscellaneous Wireless Communications Services\n\n\n (5) Compliance with the provisions of paragraphs (c)(1) and (c)(2) of this section is based on the use of\n measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in\n the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth\n of at least 30 kHz may be employed;\n\n (6) Compliance with the provisions of paragraphs (c)(3) and (c)(4) of this section is based on the use of\n measurement instrumentation such that the reading taken with any resolution bandwidth setting\n should be adjusted to indicate spectral energy in a 6.25 kHz segment.\n\n (d) [Reserved]\n\n (e) For operations in the 775–776 MHz and 805–806 MHz bands, transmitters must comply with either\n paragraphs (d)(1) through (5) of this section or the ACP emission limitations set forth in paragraphs (d)(6)\n to (d)(9) of this section.\n\n (1) On all frequencies between 758–775 MHz and 788–805 MHz, the power of any emission outside the\n licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within\n the licensed band(s) of operation, measured in watts, by a factor not less than 76 + 10 log (P) dB in a\n 6.25 kHz band segment, for base and fixed stations;\n\n (2) On all frequencies between 758–775 MHz and 788–805 MHz, the power of any emission outside the\n licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within\n the licensed band(s) of operation, measured in watts, by a factor not less than 65 + 10 log (P) dB in a\n 6.25 kHz band segment, for mobile and portable stations;\n\n (3) On any frequency outside the 775–776 MHz and 805–806 MHz bands, the power of any emission\n shall be attenuated outside the band below the transmitter power (P) within the licensed band(s) of\n operation, measured in watts, by at least 43 + 10 log (P) dB;\n\n (4) Compliance with the provisions of paragraphs (e)(1) and (e)(2) of this section is based on the use of\n measurement instrumentation such that the reading taken with any resolution bandwidth setting\n should be adjusted to indicate spectral energy in a 6.25 kHz segment;\n\n (5) Compliance with the provisions of paragraph (e)(3) of this section is based on the use of\n measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in\n the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth\n of at least 30 kHz may be employed.\n\n (6) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes\n are shown in the following tables. Mobile station requirements apply to handheld, car mounted and\n control station units. The tables specify a value for the ACP as a function of the displacement from\n the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a\n swept measurement may be used.\n\n\n 6.25 kHz Mobile Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 6.25 6.25 −40\n 12.5 6.25 −60\n\n47 CFR 27.53(e)(6) (enhanced display) page 143 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(6)\nMiscellaneous Wireless Communications Services\n\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 18.75 6.25 −60\n 25.00 6.25 −65\n 37.50 25.00 −65\n 62.50 25.00 −65\n 87.50 25.00 −65\n 150.00 100.00 −65\n 250.00 100.00 −65\n 350.00 100.00 −65\n >400 kHz to 12 MHz 30(s) −75\n 12 MHz to paired receive band 30(s) −75\n In the paired receive band 30(s) −100\n\n\n 12.5 kHz Mobile Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 9.375 6.25 −40\n 15.625 6.25 −60\n 21.875 6.25 −60\n 37.50 25.00 −60\n 62.50 25.00 −65\n 87.50 25.00 −65\n 150.00 100 −65\n 250.00 100 −65\n 350.00 100 −65\n >400 to 12 MHz 30(s) −75\n 12 MHz to paired receive band 30(s) −75\n In the paired receive band 30(s) −100\n\n\n 25 kHz Mobile Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 15.625 6.25 −40\n 21.875 6.25 −60\n 37.50 25 −60\n 62.50 25 −65\n\n\n47 CFR 27.53(e)(6) (enhanced display) page 144 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(6)\nMiscellaneous Wireless Communications Services\n\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 87.50 25 −65\n 150.00 100 −65\n 250.00 100 −65\n 350.00 100 −65\n >400 kHz to 12 MHz 30(s) −75\n 12 MHz to paired receive band 30(s) −75\n In the paired receive band 30(s) −100\n\n\n 150 kHz Mobile Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth\n frequency Maximum ACP relative (dBc)\n (kHz)\n (kHz)\n 100 50 −40\n 200 50 −50\n 300 50 −50\n 400 50 −50\n 600–1000 30(s) −60\n 1000 to receive band 30(s) −70\n In the receive band 30(s) −100\n\n\n\n\n47 CFR 27.53(e)(6) (enhanced display) page 145 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(6)\nMiscellaneous Wireless Communications Services\n\n\n 6.25 kHz Base Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 6.25 6.25 −40\n 12.50 6.25 −60\n 18.75 6.25 −60\n 25.00 6.25 −65\n 37.50 25 −65\n 62.50 25 −65\n 87.50 25 −65\n 150.00 100 −65\n 250.00 100 −65\n 350.00 100 −65\n >400 kHz to 12 MHz 30(s) −80\n 12 MHz to paired receive band 30(s) −80\n 1−85\n In the paired receive band 30(s)\n\n 1\n Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the\n paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in\n the paired receive band when measured at either the transmitting antenna input port or the output\n of the transmitter combining network. Consequently, licensees deploying these transmitters may\n need to use external filters to comply with the more restrictive ACP limit.\n\n\n\n\n47 CFR 27.53(e)(6) (enhanced display) page 146 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(6)\nMiscellaneous Wireless Communications Services\n\n\n 12.5 kHz Base Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 9.375 6.25 −40\n 15.625 6.25 −60\n 21.875 6.25 −60\n 37.5 25 −60\n 62.5 25 −65\n 87.5 25 −65\n 150 100 −65\n 250 100 −65\n 350.00 100 −65\n >400 kHz to 12 MHz 30(s) −80\n 12 MHz to paired receive band 30(s) −80\n 1−85\n In the paired receive band 30(s)\n\n1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the\npaired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in\nthe paired receive band when measured at either the transmitting antenna input port or the output\nof the transmitter combining network. Consequently, licensees deploying these transmitters may\nneed to use external filters to comply with the more restrictive ACP limit.\n\n\n\n\n47 CFR 27.53(e)(6) (enhanced display) page 147 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(6)\nMiscellaneous Wireless Communications Services\n\n\n 25 kHz Base Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 15.625 6.25 −40\n 21.875 6.25 −60\n 37.5 25 −60\n 62.5 25 −65\n 87.5 25 −65\n 150 100 −65\n 250 100 −65\n 350 100.00 −65\n >400 kHz to 12 MHz 30(s) −80\n 12 MHz to paired receive band 30(s) −80\n In the paired receive band 30(s) 1−85\n\n\n\n1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the\npaired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in\nthe paired receive band when measured at either the transmitting antenna input port or the output\nof the transmitter combining network. Consequently, licensees deploying these transmitters may\nneed to use external filters to comply with the more restrictive ACP limit.\n\n\n 150 kHz Base Transmitter ACP Requirements\n\n Offset from center\n Measurement bandwidth Maximum ACP\n frequency\n (kHz) (dBc)\n (kHz)\n 100 50 −40\n 200 50 −50\n 300 50 −55\n 400 50 −60\n 600–1000 30(s) −65\n 1000 to receive band 30(s) −75 (continues at −6dB/oct\n 1−85\n In the receive band 30(s)\n\n1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the\npaired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in\nthe paired receive band when measured at either the transmitting antenna input port or the output\nof the transmitter combining network. Consequently, licensees deploying these transmitters may\nneed to use external filters to comply with the more restrictive ACP limit.\n\n\n\n\n47 CFR 27.53(e)(6) (enhanced display) page 148 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(e)(7)\nMiscellaneous Wireless Communications Services\n\n\n (7) ACP measurement procedure. The following procedures are to be followed for making ACP\n transmitter measurements. For time division multiple access (TDMA) systems, the measurements\n are to be made under TDMA operation only during time slots when the transmitter is on. All\n measurements must be made at the input to the transmitter's antenna. Measurement bandwidth\n used below implies an instrument that measures the power in many narrow bandwidths (e.g., 300\n Hz) and integrates these powers across a larger band to determine power in the measurement\n bandwidth.\n\n (i) Setting reference level. Using a spectrum analyzer capable of ACP measurements, set the\n measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the\n measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement\n bandwidth to 150 kHz. Set the frequency offset of the measurement bandwidth to zero and\n adjust the center frequency of the spectrum analyzer to give the power level in the\n measurement bandwidth. Record this power level in dBm as the “reference power level”.\n\n (ii) Non-swept power measurement. Using a spectrum analyzer capable of ACP measurements, set\n the measurement bandwidth as shown in the tables above. Measure the ACP in dBm. These\n measurements should be made at maximum power. Calculate the coupled power by\n subtracting the measurements made in this step from the reference power measured in the\n previous step. The absolute ACP values must be less than the values given in the table for each\n condition above.\n\n (iii) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz\n video bandwidth and sample mode detection. Sweep ±MHz from the carrier frequency. Set the\n reference level to the RMS value of the transmitter power and note the absolute power. The\n response at frequencies greater than 600 kHz must be less than the values in the tables above.\n\n (8) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP\n tables in this section, the power of any emission must be reduced below the unmodulated carrier\n power (P) by at least 43 + 10 log (P) dB.\n\n (9) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may\n request any authorized bandwidth that does not exceed the channel size.\n\n (f) For operations in the 746–758 MHz, 775–788 MHz, and 805–806 MHz bands, emissions in the band\n 1559–1610 MHz shall be limited to −70 dBW/MHz equivalent isotropically radiated power (EIRP) for\n wideband signals, and −80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For the\n purpose of equipment authorization, a transmitter shall be tested with an antenna that is representative of\n the type that will be used with the equipment in normal operation.\n\n (g) For operations in the 600 MHz band and the 698–746 MHz band, the power of any emission outside a\n licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the\n licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB. Compliance with this\n provision is based on the use of measurement instrumentation employing a resolution bandwidth of 100\n kilohertz or greater. However, in the 100 kilohertz bands immediately outside and adjacent to a licensee's\n frequency block, a resolution bandwidth of at least 30 kHz may be employed.\n\n (h) AWS emission limits —\n\n\n\n\n47 CFR 27.53(h) (enhanced display) page 149 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(h)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) General protection levels. Except as otherwise specified below, for operations in the 1695–1710\n MHz, 1710–1755 MHz, 1755–1780 MHz, 1915–1920 MHz, 1995–2000 MHz, 2000–2020 MHz,\n 2110–2155 MHz, 2155–2180 MHz, and 2180–2200 bands, the power of any emission outside a\n licensee's frequency block shall be attenuated below the transmitter power (P) in watts by at least 43\n + 10 log10 (P) dB.\n\n (2) Additional protection levels. Notwithstanding the foregoing paragraph (h)(1) of this section:\n\n (i) Operations in the 2180–2200 MHz band are subject to the out-of-band emission requirements\n set forth in § 27.1134 for the protection of federal government operations operating in the\n 2200–2290 MHz band.\n\n (ii) For operations in the 2000–2020 MHz band, the power of any emissions below 2000 MHz shall\n be attenuated below the transmitter power (P) in watts by at least 70 + 10 log10(P) dB.\n\n (iii) For operations in the 1915–1920 MHz band, the power of any emission between 1930–1995\n MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log10(P)\n dB.\n\n (iv) For operations in the 1995–2000 MHz band, the power of any emission between 2005–2020\n MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log10(P)\n dB.\n\n (3) Measurement procedure.\n\n (i) Compliance with this provision is based on the use of measurement instrumentation employing\n a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands\n immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of\n at least one percent of the emission bandwidth of the fundamental emission of the transmitter\n may be employed. The emission bandwidth is defined as the width of the signal between two\n points, one below the carrier center frequency and one above the carrier center frequency,\n outside of which all emissions are attenuated at least 26 dB below the transmitter power.\n\n (ii) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to\n the licensee's frequency block edges, both upper and lower, as the design permits.\n\n (iii) The measurements of emission power can be expressed in peak or average values, provided\n they are expressed in the same parameters as the transmitter power.\n\n (4) Private agreements.\n\n (i) For AWS operations in the 2000–2020 MHz and 2180–2200 MHz bands, to the extent a\n licensee establishes unified operations across the AWS blocks, that licensee may choose not to\n observe the emission limit specified in paragraph (h)(1), above, strictly between its adjacent\n block licenses in a geographic area, so long as it complies with other Commission rules and is\n not adversely affecting the operations of other parties by virtue of exceeding the emission limit.\n\n (ii) For AWS operations in the 2000–2020 MHz band, a licensee may enter into private agreements\n with all licensees operating between 1995 and 2000 MHz to allow the 70 + 10 log10(P) dB limit\n to be exceeded within the 1995–2000 MHz band.\n\n (iii) An AWS licensee who is a party to a private agreement described in this section (4) must\n maintain a copy of the agreement in its station files and disclose it, upon request, to\n prospective AWS assignees, transferees, or spectrum lessees and to the Commission.\n\n47 CFR 27.53(h)(4)(iii) (enhanced display) page 150 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) When an emission outside of the authorized bandwidth causes harmful interference, the Commission\n may, at its discretion, require greater attenuation than specified in this section.\n\n (j)\n\n (1) For operations in the unpaired 1390–1392 MHz band and the paired 1392–1395 MHz and\n 1432–1435 MHz bands, the power of any emission outside the licensee's frequency band(s) of\n operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB.\n Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this\n section.\n\n (2) In the 1390–1395 MHz and 1432–1435 MHz bands, licensees are encouraged to take all reasonable\n steps to ensure that unwanted emission power does not exceed the following levels in the band\n 1400–1427 MHz:\n\n (i) For stations of point-to-point systems in the fixed service: −45 dBW/27 MHz.\n\n (ii) For stations in the mobile service: −60 dBW/27 MHz.\n\n (k) For operations in the 1670–1675 MHz, the power of any emission outside the licensee's frequency\n band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB.\n Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this\n section.\n\n (l) 3.7 GHz Service. The following emission limits apply to stations transmitting in the 3700–3980 MHz band:\n\n (1) For base station operations in the 3700–3980 MHz band, the conducted power of any emission\n outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this\n paragraph (l)(1) is based on the use of measurement instrumentation employing a resolution\n bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and\n adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the\n emission bandwidth of the fundamental emission of the transmitter may be employed. The emission\n bandwidth is defined as the width of the signal between two points, one below the carrier center\n frequency and one above the carrier center frequency, outside of which all emissions are attenuated\n at least 26 dB below the transmitter power.\n\n (2) For mobile operations in the 3700–3980 MHz band, the conducted power of any emission outside\n the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this\n paragraph (l)(2) is based on the use of measurement instrumentation employing a resolution\n bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and\n adjacent to the licensee's frequency block, the minimum resolution bandwidth for the measurement\n shall be either one percent of the emission bandwidth of the fundamental emission of the\n transmitter or 350 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency\n block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission\n bandwidth is defined as the width of the signal between two points, one below the carrier center\n frequency and one above the carrier center frequency, outside of which all emissions are attenuated\n at least 26 dB below the transmitter power.\n\n (m) For BRS and EBS stations, the power of any emissions outside the licensee's frequency bands of\n operation shall be attenuated below the transmitter power (P) measured in watts in accordance with the\n standards below. If a licensee has multiple contiguous channels, out-of-band emissions shall be\n measured from the upper and lower edges of the contiguous channels.\n\n47 CFR 27.53(m) (enhanced display) page 151 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(m)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) Prior to the transition, and thereafter, solely within the MBS, for analog operations with an EIRP in\n excess of −9 dBW, the signal shall be attenuated at the channel edges by at least 38 dB relative to\n the peak visual carrier, then linearly sloping from that level to at least 60 dB of attenuation at 1 MHz\n below the lower band edge and 0.5 MHz above the upper band edge, and attenuated at least 60 dB\n at all other frequencies.\n\n (2) For digital base stations, the attenuation shall be not less than 43 + 10 log (P) dB, unless a\n documented interference complaint is received from an adjacent channel licensee with an\n overlapping Geographic Service Area. Mobile Satellite Service licensees operating on frequencies\n below 2495 MHz may also submit a documented interference complaint against BRS licensees\n operating on channel BRS No. 1 on the same terms and conditions as adjacent channel BRS or EBS\n licensees. Provided that a documented interference complaint cannot be mutually resolved between\n the parties prior to the applicable deadline, then the following additional attenuation requirements\n shall apply:\n\n (i) If a pre-existing base station suffers harmful interference from emissions caused by a new or\n modified base station located 1.5 km or more away, within 24 hours of the receipt of a\n documented interference complaint the licensee of the new or modified base station must\n attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or\n below, from the channel edge of its frequency block and shall immediately notify the\n complaining licensee upon implementation of the additional attenuation. No later than 60 days\n after the implementation of such additional attenuation, the licensee of the complaining base\n station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3\n megahertz, above or below, from the channel edge of its frequency block of the new or\n modified base station.\n\n (ii) If a pre-existing base station suffers harmful interference from emissions caused by a new or\n modified base station located less than 1.5 km away, within 24 hours of receipt of a\n documented interference complaint the licensee of the new or modified base station must\n attenuate its emissions by at least 67 + 10 log (P)−20 log (Dkm/1.5) dB measured at 3\n megahertz, above or below, from the channel edge of its frequency block of the complaining\n licensee, or if both base stations are co-located, limit its undesired signal level at the pre-\n existing base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz\n bandwidth and shall immediately notify the complaining licensee upon such reduction in the\n undesired signal level. No later than 60 days after such reduction in the undesired signal level,\n the complaining licensee must attenuate its base station emissions by at least 67 + 10 log (P)\n dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of\n the new or modified base station.\n\n (iii) If a new or modified base station suffers harmful interference from emissions caused by a pre-\n existing base station located 1.5 km or more away, within 60 days of receipt of a documented\n interference complaint the licensee of each base station must attenuate its base station\n emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the\n channel edge of its frequency block of the other licensee.\n\n (iv) If a new or modified base station suffers harmful interference from emissions caused by a pre-\n existing base station located less than 1.5 km away, within 60 days of receipt of a documented\n interference complaint: (a) The licensee of the new or modified base station must attenuate its\n OOBE by at least 67 + 10 log (P)−20 log (Dkm/1.5) measured 3 megahertz above or below, from\n the channel edge of its frequency block of the other licensee, or if the base stations are co-\n\n47 CFR 27.53(m)(2)(iv) (enhanced display) page 152 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(m)(2)(v)\nMiscellaneous Wireless Communications Services\n\n\n located, limit its undesired signal level at the other base station receiver(s) to no more than\n −107 dBm measured in a 5.5-megahertz bandwidth; and (b) the licensee causing the\n interference must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3\n megahertz, above or below, from the channel edge of its frequency block of the new or\n modified base station.\n\n (v) For all fixed digital user stations, the attenuation factor shall be not less than 43 + 10 log (P) dB\n at the channel edge.\n\n (3) Prior to transition and thereafter solely within the MBS, and notwithstanding paragraph (l)(2) of this\n section, the maximum out-of-band power of a digital transmitter operating on a single 6 MHz\n channel with an EIRP in excess of −9 dBW employing digital modulation for the primary purpose of\n transmitting video programming shall be attenuated at the 6 MHz channel edges at least 25 dB\n relative to the licensed average 6 MHz channel power level, then attenuated along a linear slope to at\n least 40 dB at 250 kHz beyond the nearest channel edge, then attenuated along a linear slope from\n that level to at least 60 dB at 3 MHz above the upper and below the lower licensed channel edges,\n and attenuated at least 60 dB at all other frequencies.\n\n (4) For mobile digital stations, the attenuation factor shall be not less than 40 + 10 log (P) dB on all\n frequencies between the channel edge and 5 megahertz from the channel edge, 43 + 10 log (P) dB\n on all frequencies between 5 megahertz and X megahertz from the channel edge, and 55 + 10 log\n (P) dB on all frequencies more than X megahertz from the channel edge, where X is the greater of 6\n megahertz or the actual emission bandwidth as defined in paragraph (m)(6) of this section. In\n addition, the attenuation factor shall not be less that 43 + 10 log (P) dB on all frequencies between\n 2490.5 MHz and 2496 MHz and 55 + 10 log (P) dB at or below 2490.5 MHz. Mobile Satellite Service\n licensees operating on frequencies below 2495 MHz may also submit a documented interference\n complaint against BRS licensees operating on channel BRS Channel 1 on the same terms and\n conditions as adjacent channel BRS or EBS licensees.\n\n (5) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) of this section, prior to transition, a\n licensee may continue to operate facilities deployed as of January 10, 2005 provided that such\n facilities operate in compliance with the emission mask applicable to those services prior to January\n 10, 2005.\n\n (6) Measurement procedure. Compliance with these rules is based on the use of measurement\n instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 MHz\n bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least\n one percent of the emission bandwidth of the fundamental emission of the transmitter may be\n employed; for mobile digital stations, in the 1 megahertz bands immediately outside and adjacent to\n the frequency block a resolution bandwidth of at least two percent may be employed, except when\n the 1 megahertz band is 2495–2496 MHz, in which case a resolution bandwidth of at least one\n percent may be employed. A narrower resolution bandwidth is permitted in all cases to improve\n measurement accuracy provided the measured power is integrated over the full required\n measurement bandwidth (i.e. 1 megahertz or 1 percent of emission bandwidth, as specified; or 1\n megahertz or 2 percent for mobile digital stations, except in the band 2495–2496 MHz). The\n emission bandwidth is defined as the width of the signal between two points, one below the carrier\n center frequency and one above the carrier center frequency, outside of which all emissions are\n attenuated at least 26 dB below the transmitter power. With respect to television operations,\n measurements must be made of the separate visual and aural operating powers at sufficiently\n frequent intervals to ensure compliance with the rules.\n\n47 CFR 27.53(m)(6) (enhanced display) page 153 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.53(m)(7)\nMiscellaneous Wireless Communications Services\n\n\n (7) Alternative out of band emission limit. Licensees in this service may establish an alternative out of\n band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of\n that set forth in this section, pursuant to a private contractual arrangement of all affected licensees\n and applicants. In this event, each party to such contract shall maintain a copy of the contract in\n their station files and disclose it to prospective assignees or transferees and, upon request, to the\n FCC.\n\n (n) 3.45 GHz Service. The following emission limits apply to stations transmitting in the 3450–3550 MHz\n band:\n\n (1) For base station operations in the 3450–3550 MHz band, the conducted power of any emission\n outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with the\n provisions of this paragraph (n)(1) is based on the use of measurement instrumentation employing a\n resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately\n outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one\n percent of the emission bandwidth of the fundamental emission of the transmitter may be employed,\n but limited to a maximum of 200 kHz. The emission bandwidth is defined as the width of the signal\n between two points, one below the carrier center frequency and one above the carrier center\n frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.\n Notwithstanding the channel edge requirement of −13 dBm per megahertz, for base station\n operations in the 3450–3550 MHz band, the conducted power of any emission below 3440 MHz or\n above 3560 MHz shall not exceed −25 dBm/MHz, and the conducted power of emissions below\n 3430 MHz or above 3570 MHz shall not exceed −40 dBm/MHz.\n\n (2) For mobile operations in the 3450–3550 MHz band, the conducted power of any emission outside\n the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this\n paragraph (n)(2) is based on the use of measurement instrumentation employing a resolution\n bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and\n adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the\n emission bandwidth of the fundamental emission of the transmitter may be employed, but limited to\n a maximum of 200 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency\n block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission\n bandwidth is defined as the width of the signal between two points, one below the carrier center\n frequency and one above the carrier center frequency, outside of which all emissions are attenuated\n at least 26 dB below the transmitter power.\n\n (o) When an emission outside of the authorized bandwidth causes harmful interference, the Commission\n may, at its discretion, require greater attenuation than specified in this section.\n\n[62 FR 16497, Apr. 7, 1997]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 27.53, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 27.54 Frequency stability.\nThe frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized\nbands of operation.\n\n\n\n47 CFR 27.54 (enhanced display) page 154 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.55\nMiscellaneous Wireless Communications Services\n\n\n§ 27.55 Power strength limits.\n (a) Field strength limits. For the following bands, the predicted or measured median field strength at any\n location on the geographical border of a licensee's service area shall not exceed the value specified\n unless the adjacent affected service area licensee(s) agree(s) to a different field strength. This value\n applies to both the initially offered service areas and to partitioned service areas.\n\n (1) 1995–2000 MHz, 2110–2155, 2155–2180, 2180–2200, 2305–2320, and 2345–2360 MHz bands: 47\n dBµV/m.\n\n (2) 600 MHz, 698–758, and 775–787 MHz bands: 40 dBµV/m.\n\n (3) The paired 1392–1395 MHz and 1432–1435 MHz bands and the unpaired 1390–1392 MHz band\n (1.4 GHz band): 47 dBµV/m.\n\n (4) BRS and EBS: The predicted or measured median field strength at any location on the geographical\n border of a licensee's service area shall not exceed the value specified unless the adjacent affected\n service area licensee(s) agree(s) to a different field strength. This value applies to both the initially\n offered services areas and to partitioned services areas. Licensees may exceed this signal level\n where there is no affected licensee that is constructed and providing service. Once the affected\n licensee is providing service, the original licensee will be required to take whatever steps necessary\n to comply with the applicable power level at its GSA boundary, absent consent from the affected\n licensee.\n\n (i) Prior to transition, the signal strength at any point along the licensee's GSA boundary does not\n exceed the greater of that permitted under the licensee's Commission authorizations as of\n January 10, 2005 or 47 dBµV/m.\n\n (ii) Following transition, for stations in the LBS and UBS, the signal strength at any point along the\n licensee's GSA boundary must not exceed 47 dBµV/m. This field strength is to be measured at\n 1.5 meters above the ground over the channel bandwidth (i.e., each 5.5 MHz channel for\n licensees that hold a full channel block, and for the 5.5 MHz channel for licensees that hold\n individual channels).\n\n (iii) Following transition, for stations in the MBS, the signal strength at any point along the licensee's\n GSA boundary must not exceed the greater of −73.0 + 10 log(X/6) dBW/m2, where X is the\n bandwidth in megahertz of the channel, or for facilities that are substantially similar to the\n licensee's pre-transition facilities (including modifications that do not alter the fundamental\n nature or use of the transmissions), the signal strength at such point that resulted from the\n station's operations immediately prior to the transition, provided that such operations complied\n with paragraph (a)(4)(i) of this section.\n\n (b) Power flux density limit for stations operating in the 698–746 MHz bands. For base and fixed stations\n operating in the 698–746 MHz band in accordance with the provisions of § 27.50(c)(6), the power flux\n density that would be produced by such stations through a combination of antenna height and vertical\n gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to\n 1 km from the base of the antenna mounting structure.\n\n\n\n\n47 CFR 27.55(b) (enhanced display) page 155 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.55(c)\nMiscellaneous Wireless Communications Services\n\n\n (c) Power flux density limit for stations operating in the 746–757 MHz and 776–787 MHz bands. For base and\n fixed stations operating in the 746–757 MHz and 776–787 MHz bands in accordance with the provisions\n of § 27.50(b)(6), the power flux density that would be produced by such stations through a combination\n of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the\n ground over the area extending to 1 km from the base of the antenna mounting structure.\n\n (d) Power flux density for stations operating in the 3700–3980 MHz band. For base and fixed stations\n operation in the 3700–3980 MHz band in accordance with the provisions of § 27.50(j), the power flux\n density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76\n dBm/m2/MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in\n adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common\n boundary.\n\n (e) Power flux density for stations operating in the 3450–3550 MHz band. For base and fixed stations\n operation in the 3450–3550 MHz band in accordance with the provisions of § 27.50(k), the power flux\n density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76\n dBm/m2/MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in\n adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common\n boundary.\n\n[69 FR 5715, Feb. 6, 2004, as amended at 69 FR 72034, Dec. 10, 2004; 72 FR 27712, May 16, 2007; 72 FR 48852, Aug. 24, 2007; 73\nFR 26040, May 8, 2008; 78 FR 8270, Feb. 5, 2013; 78 FR 50256, Aug. 16, 2013; 79 FR 599, Jan. 6, 2014; 79 FR 32413, June 4, 2014;\n79 FR 48539, Aug. 15, 2014; 85 FR 22882, Apr. 23, 2020; 86 FR 17954, Apr. 7, 2021]\n\n\n§ 27.56 Antenna structures; air navigation safety.\nA licensee that owns its antenna structure(s) must not allow such antenna structure(s) to become a hazard to air\nnavigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if\nrequired by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in\nthe event of default of this responsibility by an antenna structure owner, the FCC permittee or licensee authorized to\nuse an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure\ncontinues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter.\n\n (a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part\n 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. For\n any construction or alteration that would exceed the requirements of section 17.7 of this chapter,\n licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form\n 7460–1) and file a request for antenna height clearance and obstruction marking and lighting\n specifications (FCC Form 854) with the FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325.\n\n (b) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by\n an antenna structure owner) may enter into contracts with other entities to monitor and carry out\n necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in\n the event of default by an antenna structure owner) that make such contractual arrangements continue to\n be responsible for the maintenance of antenna structures in regard to air navigation safety.\n\n\n\n\n47 CFR 27.56(b) (enhanced display) page 156 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.57\nMiscellaneous Wireless Communications Services\n\n\n§ 27.57 International coordination.\n (a) WCS operations in the border areas shall be subject to coordination with those countries and provide\n protection to non-U.S. operations in the 2305–2320 and 2345–2360 MHz bands as appropriate. In\n addition, satellite DARS operations in WCS spectrum shall be subject to international satellite\n coordination procedures.\n\n (b) Wireless operations in the 512–608 MHz, 614–763 MHz, 775–793 MHz, and 805–806 MHz bands are\n subject to current and future international agreements between the United States and Canada and the\n United States and Mexico. Unless otherwise modified by international treaty, licenses must not cause\n interference to, and must accept harmful interference from, television broadcast operations in Mexico and\n Canada, where these services are co-primary in the band.\n\n (c) Operation in the 1695–1710 MHz, 1710–1755 MHz, 1755–1780 MHz, 1915–1920 MHz, 1995–2000 MHz,\n 2000–2020 MHz, 2110–2155 MHz, 2155–2180 MHz, 2180–2200 MHz, 3450–3550 MHz, and 3700–3980\n MHz bands is subject to international agreements with Mexico and Canada.\n\n[62 FR 9658, Mar. 3, 1997, as amended at 67 FR 5511, Feb. 6, 2002; 69 FR 5715, Feb. 6, 2004; 72 FR 48852, Aug. 24, 2007; 79 FR\n599, Jan. 6, 2014; 79 FR 32413, June 4, 2014; 79 FR 48539, Aug. 15, 2014; 86 FR 17954, Apr. 7, 2021]\n\n\n§ 27.58 Interference to BRS/EBS receivers.\n (a) WCS licensees shall bear full financial obligation to remedy interference to BRS/EBS block\n downconverters if all of the following conditions are met:\n\n (1) The complaint is received by the WCS licensee prior to February 20, 2002;\n\n (2) The BRS/EBS downconverter was installed prior to August 20, 1998;\n\n (3) The WCS fixed or land station transmits at 50 or more watts peak EIRP;\n\n (4) The BRS/EBS downconverter is located within a WCS transmitter's free space power flux density\n contour of −34 dBW/m2; and\n\n (5) The BRS/EBS customer or licensee has informed the WCS licensee of the interference within one\n year from the initial operation of the WCS transmitter or within one year from any subsequent power\n increases at the WCS station.\n\n (b) Resolution of the complaint shall be at no cost to the complainant.\n\n (c) Two or more WCS licensees collocating their antennas on the same tower shall assume shared\n responsibility for remedying interference complaints within the area determined by paragraph (a)(4) of\n this section unless an offending station can be readily determined and then that station shall assume full\n financial responsibility.\n\n (d) If the WCS licensee cannot otherwise eliminate interference caused to BRS/EBS reception, then that\n licensee must cease operations from the offending WCS facility.\n\n (e) At least 30 days prior to commencing operations from any new WCS transmission site or with increased\n power from any existing WCS transmission site, a WCS licensee shall notify all BRS/EBS licensees in or\n through whose licensed service areas they intend to operate of the technical parameters of the WCS\n transmission facility. WCS and BRS/EBS licensees are expected to coordinate voluntarily and in good faith\n to avoid interference problems and to allow the greatest operational flexibility in each other's operations.\n\n\n47 CFR 27.58(e) (enhanced display) page 157 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.59\nMiscellaneous Wireless Communications Services\n\n\n[62 FR 16498, Apr. 7, 1997, as amended at 69 FR 72034, Dec. 10, 2004]\n\n\n§ 27.59 [Reserved]\n§ 27.60 TV/DTV interference protection criteria.\n\nLink to an amendment published at 89 FR 7243, Feb. 1, 2024.\n\nBase, fixed, control, and mobile transmitters in the 698–758 MHz, 775–788 MHz, and 805–806 MHz frequency\nbands must be operated only in accordance with the rules in this section to reduce the potential for interference to\npublic reception of the signals of existing TV and DTV broadcast stations transmitting on TV Channels 51 through\n68.\n\n (a) D/U ratios. Licensees must choose site locations that are a sufficient distance from co-channel and\n adjacent channel TV and DTV stations, and/or must use reduced transmitting power or transmitting\n antenna height such that the following minimum desired signal-to-undesired signal ratios (D/U ratios) are\n met.\n\n (1) The minimum D/U ratio for co-channel stations is:\n\n (i) 40 dB at the hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers (55 miles)) of the TV\n station;\n\n (ii) For transmitters operating in the 698–746 MHz frequency band, 23 dB at the equivalent Grade B\n contour (41 dBµV/m) (88.5 kilometers (55 miles)) of the DTV station; or\n\n (iii) For transmitters operating in the 746–758 MHz, 775–788 MHz, and 805–806 MHz frequency\n bands, 17 dB at the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of the\n DTV station.\n\n (2) The minimum D/U ratio for adjacent channel stations is 0 dB at the hypothetical Grade B contour (64\n dBµV/m) (88.5 kilometers (55 miles)) of the TV station or −23 dB at the equivalent Grade B contour\n (41 dBµV/m) (88.5 kilometers (55 miles)) of the DTV station.\n\n (b) TV stations and calculation of contours. The methods used to calculate TV contours and antenna heights\n above average terrain are given in §§ 73.683 and 73.684 of this chapter. Tables to determine the\n necessary minimum distance from the 698–758 MHz, 775–788 MHz, and 805–806 MHz station to the\n TV/DTV station, assuming that the TV/DTV station has a hypothetical or equivalent Grade B contour of\n 88.5 kilometers (55 miles), are located in § 90.309 of this chapter and labeled as Tables B, D, and E. The\n locations of existing and proposed TV/DTV stations during the period of transition from analog to digital\n TV service are given in part 73 of this chapter and in the final proceedings of MM Docket No. 87–268.\n\n (1) Licensees of stations operating within the ERP and HAAT limits of § 27.50 must select one of four\n methods to meet the TV/DTV protection requirements, subject to Commission approval:\n\n (i) Utilize the geographic separation specified in Tables B, D, and E of § 90.309 of this chapter, as\n appropriate;\n\n (ii) When station parameters are greater than those indicated in the tables, calculate geographic\n separation in accordance with the required D/U ratios, as provided in paragraph (a) of this\n section;\n\n\n47 CFR 27.60(b)(1)(ii) (enhanced display) page 158 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.60(b)(1)(iii)\nMiscellaneous Wireless Communications Services\n\n\n (iii) Submit an engineering study justifying the proposed separations based on the parameters of\n the land mobile station and the parameters, including authorized and/or applied for facilities, of\n the TV/DTV station(s) it is trying to protect; or,\n\n (iv) Obtain written concurrence from the applicable TV/DTV station(s). If this method is chosen, a\n copy of the agreement must be submitted with the application.\n\n (2) The following is the method for geographic separations.\n\n (i) Base and fixed stations that operate in the 746–758 MHz and 775–787 MHz bands having an\n antenna height (HAAT) less than 152 m. (500 ft.) shall afford protection to co-channel and\n adjacent channel TV/DTV stations in accordance with the values specified in Table B (co-\n channel frequencies based on 40 dB protection) and Table E (adjacent channel frequencies\n based on 0 dB protection) in § 90.309 of this chapter. Base and fixed stations that operate in\n the 698–746 MHz band having an antenna height (HAAT) less than 152 m. (500 ft.) shall afford\n protection to adjacent channel DTV stations in accordance with the values specified in Table E\n in § 90.309 of this chapter, shall afford protection to co-channel DTV stations by providing 23\n dB protection to such stations' equivalent Grade B contour (41 dBµV/m), and shall afford\n protection to co-channel and adjacent channel TV stations in accordance with the values\n specified in Table B (co-channel frequencies based on 40 dB protection) and Table E (adjacent\n channel frequencies based on 0 dB protection) in § 90.309 of this chapter. For base and fixed\n stations having an antenna height (HAAT) between 152–914 meters (500–3,000 ft.) the\n effective radiated power must be reduced below 1 kilowatt in accordance with the values\n shown in the power reduction graph in Figure B in § 90.309 of this chapter. For heights of more\n than 152 m. (500 ft.) above average terrain, the distance to the radio path horizon will be\n calculated assuming smooth earth. If the distance so determined equals or exceeds the\n distance to the hypothetical or equivalent Grade B contour of a co-channel TV/DTV station (i.e.,\n it exceeds the distance from the appropriate Table in § 90.309 of this chapter to the relevant\n TV/DTV station), an authorization will not be granted unless it can be shown in an engineering\n study (see paragraph (b)(1)(iii) of this section) that actual terrain considerations are such as to\n provide the desired protection at the actual Grade B contour (64 dBµV/m for TV and 41 dBµV/m\n for DTV stations) or unless the effective radiated power will be further reduced so that,\n assuming free space attenuation, the desired protection at the actual Grade B contour (64\n dBµV/m for TV and 41 dBµV/m coverage contour for DTV stations) will be achieved. Directions\n for calculating powers, heights, and reduction curves are listed in § 90.309 of this chapter for\n land mobile stations. Directions for calculating coverage contours are listed in §§ 73.683\n through 73.685 of this chapter for TV stations and in § 73.625 of this chapter for DTV stations.\n\n (ii) Control, fixed, and mobile stations (including portables) that operate in the 787–788 MHz and\n 805–806 MHz bands and control and mobile stations (including portables) that operate in the\n 698–757 MHz and 776–787 MHz bands are limited in height and power and therefore shall\n afford protection to co-channel and adjacent channel TV/DTV stations in the following manner:\n\n (A) For control, fixed, and mobile stations (including portables) that operate in the 787–788\n MHz and 805–806 MHz bands and control and mobile stations (including portables) that\n operate in the 746–757 MHz and 776–787 MHz bands, co-channel protection shall be\n afforded in accordance with the values specified in Table D (co-channel frequencies based\n on 40 dB protection for TV stations and 17 dB for DTV stations) in § 90.309 of this\n chapter.\n\n\n47 CFR 27.60(b)(2)(ii)(A) (enhanced display) page 159 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.60(b)(2)(ii)(B)\nMiscellaneous Wireless Communications Services\n\n\n (B) For control and mobile stations (including portables) that operate in the 698–746 MHz\n band, co-channel protection shall be afforded to TV stations in accordance with the values\n specified in Table D (co-channel frequencies based on 40 dB protection) and to DTV\n stations by providing 23 dB protection to such stations' equivalent Grade B contour (41\n dBµV/m).\n\n (C) For control, fixed, and mobile stations (including portables) that operate in the 787–788\n MHz and 805–806 MHz bands and control and mobile stations (including portables) that\n operate in the 698–757 MHz and 776–787 MHz bands, adjacent channel protection shall\n be afforded by providing a minimum distance of 8 kilometers (5 miles) from all adjacent\n channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent channel\n frequencies based on 0 dB protection for TV stations and −23 dB for DTV stations).\n\n (D) Since control, fixed, and mobile stations may affect different TV/DTV stations than the\n associated base or fixed station, particular care must be taken by applicants/licensees to\n ensure that all appropriate TV/DTV stations are considered (e.g., a base station may be\n operating within TV Channel 62 and the mobiles within TV Channel 67, in which case TV\n Channels 61, 62, 63, 66, 67 and 68 must be protected). Control, fixed, and mobile stations\n shall keep a minimum distance of 96.5 kilometers (60 miles) from all adjacent channel\n TV/DTV stations. Since mobiles and portables are able to move and communicate with\n each other, licensees must determine the areas where the mobiles can and cannot roam in\n order to protect the TV/DTV stations.\n\n\n Note to § 27.60: The 88.5 km (55mi) Grade B service contour (64 dBµV/m) is based on a\n hypothetical TV station operating at an effective radiated power of one megawatt, a transmitting\n antenna height above average terrain of 610 meters (2000 feet) and the Commission's R–6602\n F(50,50) curves. See § 73.699 of this chapter. Maximum facilities for TV stations operating in the\n UHF band are 5 megawatts effective radiated power at an antenna HAAT of 610 meters (2,000\n feet). See § 73.614 of this chapter. The equivalent contour for DTV stations is based on a 41\n dBµV/m signal strength and the distance to the F(50,90) curve. See § 73.625 of this chapter.\n\n\n[72 FR 48852, Aug. 24, 2007, as amended at 79 FR 599, Jan. 6, 2014]\n\n\n§§ 27.61-27.62 [Reserved]\n§ 27.64 Protection from interference.\nWireless Communications Service (WCS) stations operating in full accordance with applicable FCC rules and the\nterms and conditions of their authorizations are normally considered to be non-interfering. If the FCC determines,\nhowever, that interference which significantly interrupts or degrades a radio service is being caused, it may, after\nnotice and an opportunity for a hearing, require modifications to any WCS station as necessary to eliminate such\ninterference.\n\n (a) Failure to operate as authorized. Any licensee causing interference to the service of other stations by\n failing to operate its station in full accordance with its authorization and applicable FCC rules shall\n discontinue all transmissions, except those necessary for the immediate safety of life or property, until it\n can bring its station into full compliance with the authorization and rules.\n\n47 CFR 27.64(a) (enhanced display) page 160 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.64(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) Intermodulation interference. Licensees should attempt to resolve such interference by technical means.\n\n (c) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from\n interference is afforded in the following situations:\n\n (1) Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve\n such interference by technical means or operating arrangements.\n\n (2) Interference to mobile receivers from mobile transmitters. No protection is provided against mobile-\n to-mobile interference.\n\n (3) Interference to base receivers from mobile transmitters. No protection is provided against mobile-to-\n base interference.\n\n (4) Interference to fixed stations. Licensees should attempt to resolve such interference by technical\n means or operating arrangements.\n\n (5) Anomalous or infrequent propagation modes. No protection is provided against interference caused\n by tropospheric and ionospheric propagation of signals.\n\n (d) Harmful interference to SDARS operations requiring resolution. The following conditions will be presumed\n to constitute harmful interference to SDARS operations from WCS operations in the 2305–2320 MHz and\n 2345–2360 MHz bands and require WCS operators to work cooperatively with SDARS operators to\n address areas where such power levels are exceeded and harmful interference occurs:\n\n (1) A WCS ground signal level greater than −44 dBm in the upper or lower A or B block, or −55 dBm in the\n C or D block, present at a location on a roadway, where a test demonstrates that SDARS service\n would be muted over a road distance of greater than 50 meters; or\n\n (2) A WCS ground signal level exceeding −44 dBm in the upper or lower A or B block, or −55 dBm in the\n C or D block on a test drive route, which is mutually agreed upon by the WCS licensee and the SDARS\n licensee, for more than 1 percent of the cumulative surface road distance on that drive route, where\n a test demonstrates that SDARS service would be muted over a cumulative road distance of greater\n than 0.5 percent (incremental to any muting present prior to use of WCS frequencies in the area of\n that drive test).\n\n[62 FR 9658, Mar. 3, 1997, as amended at 78 FR 9621, Feb. 11, 2013]\n\n\n§ 27.65 Acceptance of interference in 2000–2020 MHz.\n (a) Receivers operating in the 2000–2020 MHz band must accept interference from lawful operations in the\n 1995–2000 MHz band, where such interference is due to:\n\n (1) The in-band power of any operations in 1995–2000 MHz (i.e., the portion transmit power contained\n in the 1995–2000 MHz band); or\n\n (2) The portion of out-of-band emissions contained in 2000–2005 MHz.\n\n (b) [Reserved]\n\n[78 FR 8270, Feb. 5, 2013]\n\n\n\n\n47 CFR 27.65(b) (enhanced display) page 161 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.66\nMiscellaneous Wireless Communications Services\n\n\n§ 27.66 Discontinuance, reduction, or impairment of service.\n (a) Involuntary act. If the service provided by a fixed common carrier licensee, or a fixed common carrier\n operating on spectrum licensed to a Guard Band Manager, is involuntarily discontinued, reduced, or\n impaired for a period exceeding 48 hours, the licensee must promptly notify the Commission, in writing,\n as to the reasons for discontinuance, reduction, or impairment of service, including a statement when\n normal service is to be resumed. When normal service is resumed, the licensee must promptly notify the\n Commission.\n\n (b) Voluntary act by common carrier. If a fixed common carrier licensee, or a fixed common carrier operating\n on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a\n community or part of a community, it must obtain prior authorization as provided under § 63.71 of this\n chapter. An application will be granted within 31 days after filing if no objections have been received.\n\n (c) Voluntary act by non-common carrier. If a fixed non-common carrier licensee, or a fixed non-common\n carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or\n impairs service to a community or part of a community, it must given written notice to the Commission\n within seven days.\n\n (d) Notifications and requests. Notifications and requests identified in paragraphs(a) through (c) of this\n section should be sent to: Federal Communications Commission, Common Carrier Radio Services, 1270\n Fairfield Road, Gettysburg, Pennsylvania, 17325.\n\n[65 FR 3149, Jan. 20, 2000; 65 FR 12483, Mar. 9, 2000, as amended at 65 FR 17605, Apr. 4, 2000; 65 FR 57267, Sept. 21, 2000]\n\n\n§ 27.70 Information exchange.\n (a) Prior notification. Public safety licensees authorized to operate in the 758–775 MHz and 788–805 MHz\n bands may notify any licensee authorized to operate in the 746–757 or 776–787 MHz bands that they\n wish to receive prior notification of the activation or modification of the licensee's base or fixed stations in\n their area. Thereafter, the 746–757 or 776–787 MHz band licensee must provide the following\n information to the public safety licensee at least 10 business days before a new base or fixed station is\n activated or an existing base or fixed station is modified:\n\n (1) Location;\n\n (2) Effective radiated power;\n\n (3) Antenna height; and\n\n (4) Channels available for use.\n\n (b) Purpose of prior notification. The prior coordination of base or fixed stations is for informational purposes\n only. Public safety licensees are not afforded the right to accept or reject the activation of a proposed\n base or fixed station or to unilaterally require changes in its operating parameters. The principal purposes\n of notification are to:\n\n (1) Allow a public safety licensee to advise the 746–757 or 776–787 MHz band licensee whether it\n believes a proposed base or fixed station will generate unacceptable interference;\n\n (2) Permit 746–757 and 776–787 MHz band licensees to make voluntary changes in base or fixed\n station parameters when a public safety licensee alerts them to possible interference; and,\n\n (3) Rapidly identify the source if interference is encountered when the base or fixed station is activated.\n47 CFR 27.70(b)(3) (enhanced display) page 162 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.72\nMiscellaneous Wireless Communications Services\n\n\n[72 FR 27712, May 16, 2007, as amended at 72 FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014]\n\n\n§ 27.72 Information sharing requirements.\nThis section requires WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands to share information\nregarding the location and operation of base and fixed stations (except fixed customer premises equipment) with\nSatellite Digital Audio Radio Service (SDARS) licensees in the 2320–2345 MHz band. Section 25.263 of this chapter\nrequires SDARS licensees in the 2320–2345 MHz band to share information regarding the location and operation of\nterrestrial repeaters with WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands. WCS licensees are\nencouraged to develop separate coordination agreements with SDARS licensees to facilitate efficient deployment of\nand coexistence between each service. To the extent the provisions of any such coordination agreement conflict\nwith the requirements set forth herein, the procedures established under a coordination agreement will control.\nWCS licensees must maintain a copy of any coordination agreement with an SDARS licensee in their station files\nand disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission.\n\n (a) Sites and frequency selections. WCS licensees must select base and fixed station sites and frequencies,\n to the extent practicable, to minimize the possibility of harmful interference to operations in the SDARS\n 2320–2345 MHz band.\n\n (b) Prior notice periods. WCS licensees that intend to operate a base or fixed station must, before\n commencing such operation, provide 10 business days prior notice to all SDARS licensees. WCS\n licensees that intend to modify an existing station must, before commencing such modified operation,\n provide 5 business days prior notice to all SDARS licensees. For the purposes of this section, a business\n day is defined by § 1.4(e)(2) of this chapter.\n\n (1) For modifications other than changes in location, a licensee may provide notice within 24 hours after\n the modified operation if the modification does not result in a predicted increase of the power flux\n density (PFD) at ground level by more than 1 dB since the last advance notice was given. If a\n demonstration is made by the SDARS licensee that such modifications may cause harmful\n interference to SDARS receivers, WCS licensees will be required to provide notice 5 business days in\n advance of additional station modifications.\n\n (2) WCS base and fixed stations operating below 2 watts equivalent isotropically radiated power (EIRP)\n are exempt from the notice requirements set forth in this paragraph.\n\n (3) WCS and SDARS licensees may enter into agreements regarding alternative notification procedures.\n\n (c) Contents of notice.\n\n (1) Notification must be written (e.g., certified letter, fax, or e-mail) and include the licensee's name, and\n the name, address, and telephone number of its coordination representative, unless the SDARS\n licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification\n by some other means. WCS licensees and SDARS licensees may establish such a mutually\n agreeable alternative notification mechanism without prior Commission approval, provided that they\n comply with all other requirements of this section.\n\n (2) Regardless of the notification method, it must specify relevant technical details, including, at a\n minimum:\n\n (i) The coordinates of the proposed base or fixed stations to an accuracy of no less than ±1\n second latitude and longitude;\n\n\n47 CFR 27.72(c)(2)(i) (enhanced display) page 163 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.72(c)(2)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) The proposed operating power(s), frequency band(s), and emission(s);\n\n (iii) The antenna center height above ground and ground elevation above mean sea level, both to an\n accuracy of no less than ±1 meter;\n\n (iv) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the\n main beam; and\n\n (v) The antenna downtilt angle(s).\n\n (3) A WCS licensee operating base or fixed stations must maintain an accurate and up-to-date inventory\n of its stations, including the information set forth in § 27.72(c)(2), which shall be available upon\n request by the Commission.\n\n (d) Calculation of notice period. Notice periods are calculated from the date of receipt by the licensee being\n notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If\n notification is by fax, the date of receipt is evidenced by the notifying party's fax transmission\n confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If\n the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide\n notification by some other means, that agreement must specify the method for determining the beginning\n of the notice period.\n\n (e) Duty to cooperate. WCS licensees must cooperate in good faith in the selection and use of new station\n sites and new frequencies to reduce interference and make the most effective use of the authorized\n facilities. WCS licensees should provide SDARS licensees as much lead time as practicable to provide\n ample time to conduct analyses and opportunity for prudent base station site selection prior to WCS\n licensees entering into real estate and tower leasing or purchasing agreements. WCS licensees must have\n sufficient operational flexibility in their network design to implement one or more technical solutions to\n remedy harmful interference. Licensees of stations suffering or causing harmful interference, as defined\n in § 27.64(d), must cooperate in good faith and resolve such problems by mutually satisfactory\n arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in\n consultation with the Office of Engineering and Technology and the Space Bureau, will consider the\n actions taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the\n appropriate action, the Bureau will take into account the nature and extent of the interference and act\n promptly to remedy the interference. The Bureau may impose restrictions on WCS licensees, including\n specifying the transmitter power, antenna height, or other technical or operational measures to remedy\n the interference, and will take into account previous measures by the licensees to mitigate the risk of\n interference.\n\n[75 FR 45071, Aug. 2, 2010, as amended at 78 FR 9622, Feb. 11, 2013; 88 FR 21442, Apr. 10, 2023]\n\n\n§ 27.73 WCS, AMT, and Goldstone coordination requirements.\nThis section requires Wireless Communications Services (WCS) licensees in the 2305–2320 MHz and 2345–2360\nMHz bands, respectively, to coordinate the deployment of base and fixed stations (except fixed customer premises\nequipment) with the Goldstone, CA Deep Space Network (DSN) facility in the 2290–2300 MHz band and with\nAeronautical Mobile Telemetry (AMT) facilities in the 2360–2395 MHz band; and to take all practicable steps\nnecessary to minimize the risk of harmful interference to AMT and DSN facilities.\n\n\n\n\n47 CFR 27.73 (enhanced display) page 164 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.73(a)\nMiscellaneous Wireless Communications Services\n\n\n (a) WCS licensees operating base and fixed stations in the 2345–2360 MHz band must, prior to operation of\n such stations, achieve a mutually satisfactory coordination agreement with the AMT entity(ies) (i.e., FCC\n licensee(s) and/or Federal operator(s)) for any AMT receiver facility within 45 kilometers or radio line of\n sight, whichever distance is larger, of the intended WCS base or fixed station location. The coordinator for\n the assignment of flight test frequencies in the 2360–2390 MHz band, Aerospace and Flight Test Radio\n Coordination Council (AFTRCC) or successors of AFTRCC, will facilitate a mutually satisfactory\n coordination agreement between the WCS licensee(s) and AMT entity(ies) for existing AMT receiver sites.\n The locations of current Federal and non-Federal AMT receiver sites may be obtained from AFTRCC at\n Post Office Box 12822 Wichita, KS 67277–2822, (316) 946–8826, or successor frequency coordinators of\n AFTRCC. Such coordination agreement shall provide protection to existing AMT receiver stations\n consistent with International Telecommunication Union (ITU) Recommendation ITU–R M.1459,\n “Protection criteria for telemetry systems in the aeronautical mobile service and mitigation techniques to\n facilitate sharing with geostationary broadcasting-satellite and mobile-satellite services in the frequency\n bands 1 452–1 525 MHz and 2 310–2 360 MHz May 2000 edition,” adopted May 2000, as adjusted using\n generally accepted engineering practices and standards to take into account the local conditions and\n operating characteristics of the applicable AMT and WCS facilities. ITU–R M.1459 is incorporated by\n reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a)\n and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the FCC\n and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal\n Communications Commission's Reference Information Center, phone: (202) 418–0270. For information\n on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or\n email fr.inspection@nara.gov. The material may be obtained from ITU, Place des Nations, 1211 Geneva 20,\n Switzerland; website: www.itu.int/en/publications/Pages/default.aspx.\n\n (b) WCS licensees operating base and fixed stations in the 2305–2320 MHz band must, prior to operation of\n such stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and\n Space Administration (NASA) within 145 kilometers of the Goldstone, CA earth station site (35°25′33″ N,\n 116°53′23″ W).\n\n (c) After base or fixed station operations commence, upon receipt of a complaint of harmful interference, the\n WCS licensee(s) receiving the complaint, no matter the distance from the NASA Goldstone, CA earth\n station or from an AMT site, operating in the 2305–2320 or 2345–2360 MHz bands, respectively, shall\n take all practicable steps to immediately eliminate the interference.\n\n (d) Duty to cooperate. WCS licensees, AFTRCC, and NASA must cooperate in good faith in the coordination\n and deployment of new facilities. WCS licensees must also cooperate in good faith in the selection and\n use of new station sites and new frequencies when within radio line of site of AMT receiver facilities to\n reduce the risk of harmful interference and make the most effective use of the authorized facilities.\n Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve\n such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless\n Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the\n National Telecommunications and Information Administration may impose restrictions including\n specifying the transmitter power, antenna height, or area or hours of operation of the stations.\n\n[75 FR 45072, Aug. 2, 2010, as amended at 78 FR 9622, Feb. 11, 2013; 85 FR 64407, Oct. 13, 2020; 88 FR 21442, Apr. 10, 2023]\n\n\n§ 27.75 Basic interoperability requirement.\n (a)\n\n47 CFR 27.75(a) (enhanced display) page 165 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.75(a)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) Mobile and portable stations that operate on any portion of frequencies in the paired 1755–1780\n MHz and 2155–2180 MHz band must be capable of operating on all frequencies in the paired\n 1710–1780 MHz and 2110–2180 MHz band, using the same air interfaces that the equipment\n utilizes on any frequencies in the paired 1710–1780 MHz and 2110–2180 MHz band.\n\n (2) Mobile and portable stations that operate on any portion of frequencies in the 600 MHz band must\n be capable of operating on all frequencies in the 600 MHz band using the same air interfaces that\n the equipment utilizes on any frequencies in the 600 MHz band.\n\n (3) Mobile and portable stations that operate on any portion of frequencies in the 3700–3980 MHz band\n must be capable of operating on all frequencies in the 3700–3980 MHz band using the same air\n interfaces that the equipment utilizes on any frequencies in the 3700–3980 MHz band.\n\n (4) Mobile and portable stations that operate on any portion of frequencies in the 3450–3550 MHz band\n must be capable of operating on all frequencies in the 3450–3550 MHz band using the same air\n interfaces that the equipment utilizes on any frequencies in the 3450–3550 MHz band.\n\n (b) The basic interoperability requirement in paragraph (a) of this section does not require a licensee to use\n any particular industry standard. Devices may also contain functions that are not operational in U.S.\n Territories.\n\n[79 FR 32413, June 4, 2014, as amended at 79 FR 48539, Aug. 15, 2014; 85 FR 22882, Apr. 23, 2020; 86 FR 17954, Apr. 7, 2021]\n\n\n§ 27.77 Restriction on mobile and portable equipment in the 1695–1710 MHz and 1755–1780 MHz\nbands.\nMobile and portable stations in the 1695–1710 MHz and 1755–1780 MHz bands may operate only when under the\ncontrol of a base station. Base stations that enable mobile or portable equipment to operate in the 1695–1710 MHz\nand 1755–1780 MHz band are subject to prior coordination requirements. See § 27.1134 (Protection of Federal\nGovernment operations).\n\n[79 FR 32413, June 4, 2014]\n\n\nSubpart D—Competitive Bidding Procedures for the 2305–2320 MHz and 2345–2360 MHz Bands\n§ 27.201 WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for WCS licenses in the 2305–2320 MHz and 2345–2360 MHz bands are\nsubject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this\nchapter will apply unless otherwise provided in this subpart.\n\n[67 FR 45373, July 9, 2002]\n\n\n§§ 27.202-27.208 [Reserved]\n§ 27.209 Designated entities; bidding credits; unjust enrichment.\n (a) Designated entities entitled to preferences in the WCS in the 2305–2320 and 2345–2360 bands auction\n are small businesses and very small businesses as defined in § 27.110(b). Designated entities will be\n eligible for bidding credits, as defined in paragraphs (b) and (c) of this section.\n\n\n47 CFR 27.209(a) (enhanced display) page 166 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.209(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) A winning bidder that qualifies as a small business may use a bidding credit of 25 percent to lower the\n cost of its winning bid.\n\n (c) A winning bidder that qualifies as a very small business may use a bidding credit of 35 percent to lower\n the cost of its winning bid.\n\n[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 2349, Jan. 15, 1998; 65 FR 57268, Sept. 21, 2000; 67 FR 45373, July 9, 2002]\n\n\n§ 27.210 Definitions.\n (a) Scope. The definitions in this section apply to § 27.209, unless otherwise specified in those sections.\n\n (b) Small and very small business.\n\n (1) A small business is an entity that, together with its affiliates and controlling interests, has average\n annual gross revenues that are not more than $40 million for the preceding three years.\n\n (2) A very small business is an entity that, together with its affiliates and controlling interests, has\n average annual gross revenues that are not more than $15 million for the preceding three years.\n\n[67 FR 45373, July 9, 2002, as amended at 68 FR 43000, July 21, 2003]\n\n\nSubpart E—Application, Licensing, and Processing Rules for WCS\n§ 27.301 [Reserved]\n§ 27.302 Eligibility.\n (a) General. Authorizations will be granted upon proper application if:\n\n (1) The applicant is qualified under the applicable laws and the regulations, policies and decisions\n issued under those laws, including § 27.12;\n\n (2) There are frequencies available to provide satisfactory service; and\n\n (3) The public interest, convenience or necessity would be served by a grant.\n\n (b) Alien Ownership. A WCS authorization may not be granted to or held by an entity not meeting the\n requirements of section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310\n insofar as applicable to the particular service in question.\n\n§ 27.303 Upper 700 MHz commercial and public safety coordination zone.\n (a) General. CMRS operators are required, prior to commencing operations on fixed or base station\n transmitters on the 776–787 MHz band that are located within 500 meters of existing or planned public\n safety base station receivers, to submit a description of their proposed facility to a Commission-approved\n public safety coordinator.\n\n (i) The frequency or frequencies on which the facility will operate;\n\n (ii) Antenna location and height;\n\n (iii) Type of emission;\n\n (iv) Effective radiated power;\n\n47 CFR 27.303(a)(iv) (enhanced display) page 167 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.303(a)(v)\nMiscellaneous Wireless Communications Services\n\n\n (v) A description of the area served and the operator's name.\n\n (2) It is the CMRS operator's responsibility to determine whether referral is required for stations\n constructed in its area of license. Public safety base stations are considered “planned” when public\n safety operators have notified, or initiated coordination with, a Commission-approved public safety\n coordinator.\n\n (b) CMRS operators must wait at least 10 business days after submission of the required description before\n commencing operations on the referenced facility, or implementing modifications to an existing facility.\n\n (c) The potential for harmful interference between the CMRS and public safety facilities will be evaluated by\n the public safety coordinator.\n\n (1) With regard to existing public safety facilities, the coordinator's determination to disapprove a\n proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will\n be presumed correct, but the CMRS operator may seek Commission review of such determinations.\n Pending Commission review, the CMRS operator will not activate the facility or implement proposed\n modifications.\n\n (2) With regard to proposed public safety facilities, the coordinator's determination to disapprove a\n proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will\n be presumed correct, but the CMRS operator may seek Commission review and, pending completion of\n review, operate the facility during construction of the public safety facilities. If coordination or\n Commission review has not been completed when the public safety facilities are ready to operate, the\n CMRS operator must cease operations pending completion of coordination or Commission review. Such\n interim operation of the CMRS facility within the coordination zone (or implementation of modifications)\n will not be relied on by the Commission in its subsequent review and determination of measures\n necessary to control interference, including relocation or modification of the CMRS facility.\n\n (d) If, in the event of harmful interference between facilities located within 500 meters proximity, the parties\n are unable, with the involvement of the coordinator, to resolve the problem by mutually satisfactory\n arrangements, the Commission may impose restrictions on the operations of any of the parties involved.\n\n[67 FR 49245, July 30, 2002, as amended at 72 FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014]\n\n\n§§ 27.304-27.307 [Reserved]\n§ 27.308 Technical content of applications.\nAll applications required by this part shall contain all technical information required by the application forms or\nassociated public notice(s). Applications other than initial applications for a WCS license must also comply with all\ntechnical requirements of the rules governing the applicable frequency band (see subparts C, D, F, and G of this part,\nas appropriate).\n\n[65 FR 57268, Sept. 21, 2000]\n\n\n§§ 27.310-27.320 [Reserved]\n\n\n\n\n47 CFR 27.310-27.320 (enhanced display) page 168 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.321\nMiscellaneous Wireless Communications Services\n\n\n§ 27.321 Mutually exclusive applications.\n (a) Two or more pending applications are mutually exclusive if the grant of one application would effectively\n preclude the grant of one or more of the others under the Commission's rules governing the Wireless\n Communications Services involved. The Commission uses the general procedures in this section for\n processing mutually exclusive applications in the Wireless Communications Services.\n\n (b) An application will be entitled to comparative consideration with one or more conflicting applications only\n if the Commission determines that such comparative consideration will serve the public interest.\n\n§§ 27.322-27.325 [Reserved]\n\nSubpart F—Competitive Bidding Procedures for the 698–806 MHz Band\n\nSource: 65 FR 3149, Jan. 20, 2000, unless otherwise noted.\n\n\n\n§ 27.501 746–758 MHz, 775–788 MHz, and 805–806 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for licenses in the 746–758 MHz, 775–788 MHz, and 805–806 MHz bands\nare subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this\nchapter will apply unless otherwise provided in this subpart.\n\n[79 FR 600, Jan. 6, 2014]\n\n\n§ 27.502 Designated entities.\nEligibility for small business provisions:\n\n (a)\n\n (1) A small business is an entity that, together with its controlling interests and affiliates, has average\n gross revenues not exceeding $40 million for the preceding three years.\n\n (2) A very small business is an entity that, together with its controlling interests and affiliates, has\n average gross revenues not exceeding $15 million for the preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business or a consortium of small businesses\n as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter. A\n winning bidder that qualifies as a very small business or a consortium of very small businesses as\n defined in this section may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter.\n\n[72 FR 63499, Nov. 9, 2007]\n\n\nSubpart G— Guard Band A and B Blocks (757–758/787–788 MHz and 775–776/805–806 MHz\nBands)\n\nSource: 65 FR 17605, Apr. 4, 2000, unless otherwise noted.\n\n\n\n\n47 CFR 27.502(b) (enhanced display) page 169 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.601\nMiscellaneous Wireless Communications Services\n\n\n§ 27.601 Authority and coordination requirements.\n (a) Subject to the provisions of § 27.2(b), a Guard Band licensee may allow a spectrum lessee, pursuant to a\n spectrum lease arrangement under part 1, subpart X of this chapter, to construct and operate stations at\n any available site within the licensed area and on any channel for which the Guard Band licensee is\n licensed, provided such stations comply with Commission Rules and coordination requirements.\n\n (b) Subject to the provisions of § 27.2(b), a Guard Band licensee may allow a spectrum lessee, pursuant to a\n spectrum lease arrangement under part 1, subpart X of this chapter, to delete, move or change the\n operating parameters of any of the user's stations that are covered under the Guard Band licensee's\n authorization without prior Commission approval, provided such stations comply with Commission Rules\n and coordination requirements.\n\n (c) Frequency coordination.\n\n (1) A Guard Band licensee, or a spectrum lessee operating at 775–776 MHz and 805–806 MHz pursuant\n to a spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter, must notify\n Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band\n and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum\n lessee has:\n\n (i) Coordinated a new station or modification of an existing station; or\n\n (ii) Filed an application for an individual station license with the Commission.\n\n (2) The notification required in paragraph (c)(1) of this section must include, at a minimum—\n\n (i) The frequency or frequencies coordinated;\n\n (ii) Antenna location and height;\n\n (iii) Type of emission;\n\n (iv) Effective radiated power;\n\n (v) A description of the service area, date of coordination, and user name or, in the alternative, a\n description of the type of operation.\n\n (3) In the event a licensee partitions its service area or disaggregates its spectrum, it is required to\n submit the notification required in paragraph (c)(1) of this section to other Guard Band licensees in\n the same geographic area.\n\n (4) Entities coordinated by a Guard Band licensee, or a spectrum lessee operating pursuant to a\n spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter, must wait at least 10\n business days after the notification required in paragraph (c)(1) of this section before operating\n under the license.\n\n (d) Where a deletion, move or change authorized under paragraph (b) of this section constitutes a\n discontinuance, reduction, or impairment of service under § 27.66 or where discontinuance, reduction or\n impairment of service results from an involuntary act subject to § 27.66(a), the licensee must comply with\n the notification and authorization requirements set forth in that section.\n\n[72 FR 27712, May 16, 2007, as amended at 72 FR 48853, Aug. 24, 2007]\n\n\n\n\n47 CFR 27.601(d) (enhanced display) page 170 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.602\nMiscellaneous Wireless Communications Services\n\n\n§ 27.602 Lease agreements.\nGuard Band licensees may enter into spectrum leasing arrangements under part 1, subpart X of this chapter\nregarding the use of their licensed spectrum by spectrum lessees, subject to the following conditions:\n\n (a) The spectrum lease agreement between the licensee and the spectrum lessee must specify in detail the\n operating parameters of the spectrum lessee's system, including power, maximum antenna heights,\n frequencies of operation, base station location(s), area(s) of operation, and other parameters specified in\n Commission rules for the use of spectrum identified in § 27.5(b)(1) and (b)(2).\n\n (b) The spectrum lease agreement must require the spectrum lessee to use Commission-approved\n equipment where appropriate and to complete post-construction proofs of system performance prior to\n system activation.\n\n[72 FR 27713, May 16, 2007]\n\n\n§ 27.604 Limitation on licenses won at auction.\n (a) For the first auction of licenses in Blocks A and B, as defined in § 27.5, no applicant may be deemed the\n winning bidder of both a Block A and a Block B license in a single geographic service area.\n\n (b) For purposes of paragraph (a) of this section, licenses will be deemed to be won by the same bidder if an\n entity that wins one license at the auction is an affiliate of any other entity that wins a license at the\n auction.\n\n§ 27.607 Performance requirements and annual reporting requirement.\n (a) Guard Band licensees are subject to the performance requirements specified in § 27.14(a).\n\n (b) Guard Band licensees are required to file an annual report providing the Commission with information\n about the manner in which their spectrum is being utilized. Such reports shall be filed with the\n Commission on a calendar year basis, no later than the March 1 following the close of each calendar year,\n unless another filing date is specified by Public Notice.\n\n (c) Guard Band licensees must, at a minimum, include the following information in their annual reports:\n\n (1) The total number of spectrum lessees;\n\n (2) The amount of the licensee's spectrum being used pursuant to spectrum lease agreements;\n\n (3) The nature of the spectrum use of the licensee's customers; and,\n\n (4) The length of term of each spectrum lease agreement, and whether the agreement is a spectrum\n manager lease agreement, or a de facto transfer lease agreement.\n\n (d) The specific information that licensees will provide and the procedures that they will follow in submitting\n their annual reports will be announced in a Public Notice issued by the Wireless Telecommunications\n Bureau.\n\n[72 FR 27713, May 16, 2007]\n\n\n\n\n47 CFR 27.607(d) (enhanced display) page 171 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.701\nMiscellaneous Wireless Communications Services\n\n\nSubpart H—Competitive Bidding Procedures for the 698–746 MHz Band\n\nSource: 67 FR 5512, Feb. 6, 2002, unless otherwise noted.\n\n\n\n§ 27.701 698–746 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for licenses in the 698–746 MHz band are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise\nprovided in this subpart.\n\n[67 FR 45374, July 9, 2002]\n\n\n§ 27.702 Designated entities.\n (a) Eligibility for small business provisions.\n\n (1) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average\n gross revenues not exceeding $3 million for the preceding three years. This definition applies only\n with respect to licenses in Block C (710–716 MHz and 740–746 MHz) as specified in § 27.5(c)(1).\n\n (2) A very small business is an entity that, together with its controlling interests and affiliates, has\n average gross revenues not exceeding $15 million for the preceding three years.\n\n (3) A small business is an entity that, together with its controlling interests and affiliates, has average\n gross revenues not exceeding $40 million for the preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a\n consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. A\n winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A winning\n bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses\n may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n\n[67 FR 5512, Feb. 6, 2002, as amended at 68 FR 43000, July 21, 2003]\n\n\nSubpart I—1.4 GHz Band\n\nSource: 67 FR 41855, June 20, 2002, unless otherwise noted.\n\n\n\n§ 27.801 Scope.\nThis subpart sets out the regulations governing service in the paired 1392–1395 MHz and 1432–1435 MHz bands\nas well as the unpaired 1390–1392 MHz band (1.4 GHz band).\n\n§ 27.802 Permissible communications.\nLicensees in the paired 1392–1395 MHz and 1432–1435 MHz bands and unpaired 1390–1392 MHz band are\nauthorized to provide fixed or mobile service, except aeronautical mobile service, subject to the technical\nrequirements of this subpart.\n\n47 CFR 27.802 (enhanced display) page 172 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.803\nMiscellaneous Wireless Communications Services\n\n\n§ 27.803 Coordination requirements.\n (a) Licensees in the 1.4 GHz band will be issued geographic area licenses in accordance with the service\n areas listed in § 27.6(d) and (e).\n\n (b) Licensees in the 1.4 GHz Service must file a separate station application with the Commission and obtain\n an individual station license, prior to construction or operation, of any station:\n\n (1) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter;\n\n (2) That requires international coordination;\n\n (3) That operates in areas listed in part 1, § 1.924 of this chapter; or\n\n (4) That requires approval of the Frequency Advisory Subcommittee (FAS) of the Interdepartment Radio\n Advisory Committee (IRAC). Licensees in the 1432–1435 MHz band must receive FAS approval, prior\n to operation of fixed sites or mobile units within the NTIA recommended protection radii of the\n Government sites listed in footnote US83 of § 2.106 of this chapter.\n\n (c) Prior to construction of a station, a licensee in the 1.4 GHz Band must register with the Commission any\n station antenna structure for which notification to the Federal Aviation Administration is required by part\n 17 of this chapter.\n\n (d) It is the licensee's responsibility to determine whether an individual station needs referral to the\n Commission.\n\n (e) The application required in paragraph (b) of this chapter must be filed on the Universal Licensing System.\n\n[67 FR 41855, June 20, 2002, as amended at 69 FR 17958, Apr. 6, 2004; 80 FR 38908, July 7, 2015]\n\n\n§ 27.804 Field strength limits at WMTS facility.\nFor any operation in the 1392–1395 MHz band, the predicted or measured field strength—into the WMTS band at\n1395–1400 MHz—shall not exceed 150 uV/m at the location of any registered WMTS healthcare facility. When\nperforming measurements to determine compliance with this provision, measurement instrumentation employing\nan average detector and a resolution bandwidth of 1 MHz may be used, provided it accurately represents the true\ninterference potential of the equipment.\n\n§ 27.805 Geographic partitioning and spectrum disaggregation.\nAn entity that acquires a portion of a 1.4 GHz band licensee's geographic area or spectrum subject to a geographic\npartitioning or spectrum disaggregation agreement under § 27.15 must function as a 1.4 GHz band licensee and is\nsubject to the obligations and restrictions on the 1.4 GHz band license as set forth in this subpart.\n\n§ 27.806 1.4 GHz service licenses subject to competitive bidding.\nMutually exclusive initial applications for 1.4 GHz Band licenses in the paired 1392–1395 MHz and 1432–1435 MHz\nbands as well as the unpaired 1390–1392 MHz band are subject to competitive bidding. The general competitive\nbidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart.\n\n\n\n\n47 CFR 27.806 (enhanced display) page 173 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.807\nMiscellaneous Wireless Communications Services\n\n\n§ 27.807 Designated entities.\n (a) Eligibility for small business provisions for 1.4 GHz band licenses in the paired 1392–1395 MHz and\n 1432–1435 MHz bands and the unpaired 1390–1392 MHz band.\n\n (1) A very small business is an entity that, together with its controlling interests and affiliates, has\n average annual gross revenues not exceeding $15 million for the preceding three years.\n\n (2) A small business is an entity that, together with its controlling interests and affiliates, has average\n annual gross revenues not exceeding $40 million for the preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a\n consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this\n chapter. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n\n[67 FR 41855, June 20, 2002, as amended at 68 FR 43000, July 21, 2003]\n\n\nSubpart J—1670–1675 MHz Band\n\nSource: 67 FR 41856, June 20, 2002, unless otherwise noted.\n\n\n\n§ 27.901 Scope.\nThis subpart sets out the regulations governing service in the 1670–1675 MHz band (1670–1675 MHz band).\n\n§ 27.902 Permissible communications.\nLicensees in the 1670–1675 MHz band are authorized to provide fixed or mobile service, except aeronautical mobile\nservice, subject to the technical requirements of this subpart.\n\n§ 27.903 Coordination requirements.\n (a) The licensee in the 1670–1675 MHz band will be issued a geographic area license on a nationwide basis\n in accordance with § 27.6(f).\n\n (b) Licensees in the 1670–1675 MHz band must file a separate station application with the Commission and\n obtain an individual station license, prior to construction or operation, of any station:\n\n (1) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter;\n\n (2) That requires international coordination;\n\n (3) That operates in areas listed under part 1, § 1.924 of this chapter.\n\n (c) The application required in paragraph (b) of this section must be filed on the Universal Licensing System.\n\n (d) Prior to construction of a station, a licensee must register with the Commission any station antenna\n structure for which notification to the Federal Aviation Administration is required by part 17 of this\n chapter.\n\n (e) It is the licensee's responsibility to determine whether an individual station requires referral to the\n Commission.\n47 CFR 27.903(e) (enhanced display) page 174 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.904\nMiscellaneous Wireless Communications Services\n\n\n[67 FR 41856, June 20, 2002, as amended at 69 FR 17958, Apr. 6, 2004]\n\n\n§ 27.904 Geographic partitioning and spectrum disaggregation.\nAn entity that acquires a portion of a 1670–1675 MHz band licensee's geographic area or spectrum subject to a\ngeographic partitioning or spectrum disaggregation agreement under § 27.15 must function as a 1670–1675 MHz\nlicensee and is subject to the obligations and restrictions on the 1670–1675 MHz license as set forth in this\nsubpart.\n\n§ 27.905 1670–1675 MHz service licenses subject to competitive bidding.\nMutually exclusive initial applications for the 1670–1675 MHz Band license are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise\nprovided in this subpart.\n\n§ 27.906 Designated entities.\n (a) Eligibility for small business provisions.\n\n (1) A very small business is an entity that, together with its controlling interests and affiliates, has\n average annual gross revenues not exceeding $15 million for the preceding three years.\n\n (2) A small business is an entity that, together with its controlling interests and affiliates, has average\n annual gross revenues not exceeding $40 million for the preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a\n consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this\n chapter. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n\n[67 FR 41856, June 20, 2002, as amended at 68 FR 43000, July 21, 2003]\n\n\nSubpart K—1915–1920 MHz and 1995–2000 MHz\n\nSource: 78 FR 50257, Aug. 16, 2013, unless otherwise noted.\n\n LICENSING AND COMPETITIVE BIDDING PROVISIONS\n\n§ 27.1001 1915–1920 MHz and 1995–2000 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for 1915–1920 MHz and 1995–2000 MHz band licenses are subject to\ncompetitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply\nunless otherwise provided in this subpart.\n\n§ 27.1002 Designated entities in the 1915–1920 MHz and 1995–2000 MHz bands.\nEligibility for small business provisions:\n\n (a)\n\n\n\n47 CFR 27.1002(a) (enhanced display) page 175 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1002(a)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates\n of its controlling interests, has average gross revenues not exceeding $40 million for the preceding\n three years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests, and the\n affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the\n preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a\n consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n A winning bidder that qualifies as a very small business as defined in this section or a consortium of very\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter.\n\n[78 FR 50257, Aug. 16, 2013, as amended at 80 FR 56816, Sept. 18, 2015]\n\n\n REIMBURSEMENT OBLIGATION OF LICENSEES AT 1915–1920 MHZ AND 1995–2000 MHZ\n\n§ 27.1021 Reimbursement obligation of licensees at 1915–1920 MHz.\nA licensee in the 1915–1920 MHz band (Lower H Block) shall, within 30 days of grant of its long-form application,\nreimburse 25 percent of the total relocation costs incurred by UTAM, Inc. for relocating and clearing incumbent\nFixed Microwave Service (FS) licensees from the 1910–1930 MHz band on a pro rata shared basis with other Lower\nH Block licensees as set forth in paragraphs (a) through (e) of this section.\n\n (a)\n\n (1) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively,\n at least forty (40) percent of the nation's population, the amount owed to UTAM, Inc. by each\n individual Lower H Block licensee (reimbursement amount owed or RN) will be determined by\n dividing the gross winning bid (GWB) for each individual Lower H Block license (i.e., an Economic\n Area (EA)) by the sum of the gross winning bids for all Lower H Block licenses for which there is a\n winning bid in the first auction, and then multiplying by $12,629,857.\n\n RN = (EA GWB ÷ Sum of GWBs) × $12,629,857.00\n (2) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a\n market in which no license is granted as a result of the first Lower H Block auction will not have a\n reimbursement obligation to UTAM, Inc.\n\n (b) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less\n than forty (40) percent of the nation's population, then the pro rata amount that the licensee of an\n individual Lower H Block license must reimburse UTAM, Inc. shall be calculated by dividing the population\n of the individual EA by the total U.S. population, and then multiplying by $12,629,857. In this event, the\n same population data, e.g., 2010, used to calculate the RNs for Lower H Block licenses granted as a result\n of the first auction will apply to subsequent auctions of Lower H Block licenses that were not granted as a\n result of an earlier auction of Lower H Block licenses.\n\n RN = (EA POP ÷ U.S. POP) × $12,629,857.00\n\n\n\n\n47 CFR 27.1021(b) (enhanced display) page 176 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1021(c)\nMiscellaneous Wireless Communications Services\n\n\n (c) A winning bidder of a Lower H Block license that is not granted a license for any reason will be deemed to\n have triggered a reimbursement obligation to UTAM, Inc. This obligation will be owed to UTAM, Inc. by the\n licensee acquiring the Lower H Block license through a subsequent auction. The amount owed by the\n licensee acquiring the Lower H Block license at such auction will be the RN calculated for the EA license\n based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section).\n\n (d) For purposes of compliance with this section, licensees should determine population based on 2010 U.S.\n Census Data or such other data or measurements that the Wireless Telecommunications Bureau\n proposes and adopts under the notice and comment process for the auction procedures.\n\n (e) A payment obligation owed by a Lower H Block licensees under this section shall be made within thirty\n (30) days of the grant of the license (i.e., grant of the long form application).\n\n§ 27.1031 Reimbursement obligation of licensees at 1995–2000 MHz.\nA licensee in the 1995–2000 MHz band (Upper H Block) shall, within 30 days of grant of its long-form application,\nreimburse one-seventh of the eligible expenses incurred by Sprint Nextel, Inc. (Sprint) for relocating and clearing\nBroadcast Auxiliary Service (BAS), Cable Television Relay Service (CARS), and Local Television Transmission\nService (LTTS) incumbents from the 1990–2025 MHz band, on a pro rata shared basis with other Upper H Block\nlicensees as set forth in paragraphs (a) through (e) of this section.\n\n (a)\n\n (1) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively,\n at least forty (40) percent of the nation's population, the amount owed to Sprint by the winning bidder\n of each individual Upper H Block license granted as a result of the first auction will be determined by\n dividing the gross winning bid (GWB) for each individual Upper H Block license (i.e., an Economic\n Area (EA)) by the sum of the gross winning bids for all Upper H Block licenses for which there is a\n winning bid in the first auction, and then multiplying by $94,875,516.\n\n RN = (EA GWB ÷ Sum of GWBs) × $94,875,516\n (2) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a\n market in which no license was granted as a result of the first Upper H Block auction will not have a\n reimbursement obligation to Sprint.\n\n (b) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less\n than forty (40) percent of the nation's population, then the amount that the licensee of an individual Upper\n H Block license must reimburse Sprint shall be calculated by dividing the population of the individual EA\n by the total U.S. population, and then multiplying by $94,875,516. In this event, the same population data,\n e.g., 2010, used to calculate the RNs for Upper H Block licenses granted as a result of the first auction will\n apply to subsequent auctions of Upper H Block licenses that were not granted as a result of an earlier\n auction of Upper H Block licenses.\n\n RN = (EA POP ÷ U.S. POP) × $94,875,516\n (c) A winning bidder of an Upper H Block license that is not granted a license for any reason will be deemed\n to have triggered a reimbursement obligation to Sprint. This obligation will be owed to Sprint by the\n licensee acquiring the Upper H Block license through a subsequent auction. The amount owed by the\n licensee acquiring the EA license at such auction will be based on the RN calculated for the EA license\n based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section).\n\n\n\n47 CFR 27.1031(c) (enhanced display) page 177 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1031(d)\nMiscellaneous Wireless Communications Services\n\n\n (d) For purposes of compliance with this section, licensees should determine population based on 2010 U.S.\n Census Data or such other data or measurements that the Wireless Telecommunications Bureau\n proposes and adopts under the notice and comment process for the auction procedures.\n\n (e) A payment obligation owed by a Upper H Block licensees under this section shall be made within thirty\n (30) days of the grant of the license (i.e., grant of the long form application).\n\n§ 27.1041 Termination of cost-sharing obligations.\n (a) The cost-sharing obligation adopted in this subpart for the Lower H Block and for the Upper H Block will\n sunset ten years after the first license is issued in the respective band.\n\n (b) A Lower H Block licensee and an Upper H Block licensee must satisfy in full its payment obligations under\n this subpart K within thirty days of the grant of its long-form application. The failure to timely satisfy a\n payment obligation in full prior to the applicable sunset date will not terminate the debt owed or a party's\n right to collect the debt.\n\nSubpart L—1695–1710 MHz, 1710–1755 MHz, 1755–1780 MHz, 2110–2155 MHz, 2155–2180 MHz,\n2180–2200 MHz Bands\n\nSource: 69 FR 5716, Feb. 6, 2004, unless otherwise noted.\n\n LICENSING AND COMPETITIVE BIDDING PROVISIONS\n\n§ 27.1101 1710–1755 MHz and 2110–2155 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for 1710–1755 MHz and 2110–2155 MHz band licenses are subject to\ncompetitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply\nunless otherwise provided in this subpart.\n\n§ 27.1102 Designated Entities in the 1710–1755 MHz and 2110–2155 MHz bands.\n (a) Eligibility for small business provisions.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates\n of its controlling interests, has average gross revenues that are not more than $40 million for the\n preceding three years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests and the\n affiliates of its controlling interests, has average gross revenues that are not more than $15 million\n for the preceding three years.\n\n (b) Bidding credits.\n\n (1) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of\n small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this\n chapter, to lower the cost of its winning bid on any of the licenses in this part.\n\n (2) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of\n very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this\n chapter, to lower the cost of its winning bid on any of the licenses in this part.\n\n\n47 CFR 27.1102(b)(2) (enhanced display) page 178 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1103\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1103 2000–2020 MHz and 2180–2200 MHz bands subject to competitive bidding.\nMutually exclusive initial applications for 2000–2020 MHz and 2180–2200 MHz band licenses are subject to\ncompetitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply\nunless otherwise provided in this subpart.\n\n[78 FR 8270, Feb. 5, 2013]\n\n\n§ 27.1104 Designated Entities in the 2000–2020 MHz and 2180–2200 MHz bands.\nEligibility for small business provisions:\n\n (a) Small business.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates\n of its controlling interests, has average gross revenues not exceeding $40 million for the preceding\n three years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests, and the\n affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the\n preceding three years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a\n consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n A winning bidder that qualifies as a very small business as defined in this section or a consortium of very\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter.\n\n[78 FR 8270, Feb. 5, 2013, as amended at 80 FR 56816, Sept. 18, 2015]\n\n\n§ 27.1105 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands subject to competitive\nbidding.\nMutually exclusive initial applications for 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz band licenses\nare subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q\nwill apply unless otherwise provided in this subpart.\n\n[79 FR 32413, June 4, 2014]\n\n\n§ 27.1106 Designated Entities in the 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands.\nEligibility for small business provisions:\n\n (a) Small business.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates\n of its controlling interests, has average gross revenues not exceeding $40 million for the preceding\n three (3) years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests, and the\n affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the\n preceding three\n\n47 CFR 27.1106(a)(2) (enhanced display) page 179 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1106(a)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a\n consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.\n A winning bidder that qualifies as a very small business as defined in this section or a consortium of very\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter.\n\n[79 FR 32413, June 4, 2014, as amended at 80 FR 56816, Sept. 18, 2015]\n\n\n RELOCATION OF INCUMBENTS\n\n§ 27.1111 Relocation of fixed microwave service licensees in the 2110–2150 and 2160–2200 MHz\nbands.\nPart 22, subpart E and part 101, subpart B of this chapter contain provisions governing the relocation of incumbent\nfixed microwave service licensees in the 2110–2150 MHz and 2160–2200 MHz bands.\n\n[79 FR 32414, June 4, 2014]\n\n\n PROTECTION OF INCUMBENT OPERATIONS\n\n§ 27.1131 Protection of part 101 operations.\nAll AWS licensees, prior to initiating operations from any base or fixed station, must coordinate their frequency\nusage with co-channel and adjacent-channel incumbent, 47 CFR part 101 fixed-point-to-point microwave licensees\noperating in the 2110–2150 MHz and 2160–2200 MHz bands. Coordination shall be conducted in accordance with\nthe provisions of § 24.237 of this chapter.\n\n[79 FR 32414, June 4, 2014]\n\n\n§ 27.1132 Protection of incumbent operations in the 2150–2160/62 MHz band.\nAll AWS licensees, prior to initiating operations from any base or fixed station in the 2110–2180 MHz band, shall\nfollow the provisions of § 27.1255.\n\n[79 FR 32414, June 4, 2014]\n\n\n§ 27.1133 Protection of part 74 and part 78 operations.\nAWS operators must protect previously licensed Broadcast Auxiliary Service (BAS) or Cable Television Radio Service\n(CARS) operations in the adjacent 2025–2110 MHz band. In satisfying this requirement AWS licensees must, before\nconstructing and operating any base or fixed station, determine the location and licensee of all BAS or CARS\nstations authorized in their area of operation, and coordinate their planned stations with those licensees. In the\nevent that mutually satisfactory coordination agreements cannot be reached, licensees may seek the assistance of\nthe Commission, and the Commission may, at its discretion, impose requirements on one or both parties.\n\n\n\n\n47 CFR 27.1133 (enhanced display) page 180 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1134\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1134 Protection of Federal Government operations.\n (a) Protection of Department of Defense operations in the 1710–1755 MHz band. The Department of Defense\n (DoD) operates communications systems in the 1710–1755 MHz band at 16 protected facilities,\n nationwide. AWS licensees must accept any interference received from these facilities and must protect\n the facilities from interference. AWS licensees shall protect the facilities from interference by restricting\n the operation of their base and fixed stations from any locations that could potentially permit AWS mobile,\n fixed, and portable stations transmitting in the 1710–1755 MHz band to cause interference to government\n operations within the radii of operation of the 16 facilities (the radii of operation of each facility is\n indicated in the third column of Table 1 immediately following paragraph (a)(3) of this section). In\n addition, AWS licensees shall be required to coordinate any operations that could permit mobile, fixed, and\n portable stations to operate in the specified areas of the 16 facilities, as defined in paragraph (a)(3) of this\n section. Protection of these facilities in this manner shall take place under the following conditions:\n\n (1) At the Yuma, Arizona and Cherry Point, North Carolina facilities, all operations shall be protected\n indefinitely.\n\n (2) At the remaining 14 facilities, airborne and military test range operations shall be protected until such\n time as these systems are relocated to other spectrum, and precision guided munitions (PGM)\n operations shall be protected until such time as these systems are relocated to other spectrum or\n until PGM inventory at each facility is exhausted, whichever occurs first.\n\n (3) AWS licensees whose transmit operations in the 1710–1755 MHz band consist of fixed or mobile\n operations with nominal transmit EIRP values of 100 mW or less and antenna heights of 1.6 meters\n above ground or less shall coordinate their services around the 16 sites at the distance specified in\n row a. of Table 2. AWS licensees whose transmit operations in the 1710–1755 MHz band consist of\n fixed or mobile operations with nominal transmit EIRP values of 1 W or less and antenna heights of\n 10 meters above ground or less shall coordinate their services around the 16 sites at the distance\n specified in row b. of Table 2. These coordination distances shall be measured from the edge of the\n operational distances indicated in the third column of Table 1, and coordination with each affected\n DoD facility shall be accomplished through the Commander of the facility.\n\n\n Table 1—Protected Department of Defense Facilities\n\n Radius of\n Location Coordinates operation\n (km)\n Cherry Point, NC 34°58′ N, 076°56′ W 100\n Yuma, AZ 32°32′ N, 113°58′ W 120\n China Lake, CA 35°41′ N, 117°41′ W 120\n Eglin AFB, FL 30°29′ N, 086°31′ W 120\n Pacific Missile Test Range/Point Mugu, CA 34°07′ N, 119°30′ W 80\n Nellis AFB, NV 36°14′ N, 115°02′ W 160\n Hill AFB, UT 41°07′ N, 111°58′ W 160\n Patuxent River, MD 38°17′ N, 076°25′ W 80\n White Sands Missile Range, NM 33°00′ N, 106°30′ W 80\n Fort Irwin, CA 35°16′ N, 116°41′ W 50\n\n\n47 CFR 27.1134(a)(3) (enhanced display) page 181 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1134(b)\nMiscellaneous Wireless Communications Services\n\n\n Radius of\n Location Coordinates operation\n (km)\n Fort Rucker, AL 31°13′ N, 085°49′ W 50\n Fort Bragg, NC 35°09′ N, 079°01′ W 50\n Fort Campbell, KY 36°41′ N, 087°28′ W 50\n Fort Lewis, WA 47°05′ N, 122°36′ W 50\n Fort Benning, GA 32°22′ N, 084°56′ W 50\n Fort Stewart, GA 31°52′ N, 081°37′ W 50\n\n\n Table 2—Coordination Distances for the Protected Department Of Defense\n Facilities\n\n Coordination\n 1710–1755 MHz transmit operations distance\n (km)\n a. EIRP ≤100 mW, antenna height ≤1.6 m AG 35\n b. EIRP ≤1 W, antenna height ≤10 m AG 55\n\n\n (b) Protection of non-DoD operations in the 1710–1755 MHz and 1755–1761 MHz bands. Until such time as\n non-DoD systems operating in the 1710–1755 MHz and 1755–1761 MHz bands are relocated to other\n spectrum, AWS licensees shall protect such systems by satisfying the appropriate provisions of TIA\n Telecommunications Systems Bulletin 10–F, “Interference Criteria for Microwave Systems,” May, 1994\n (TSB 10–F).\n\n (c) Protection of Federal operations in the 1675–1710 MHz band —\n\n (1) 27 Protection Zones. Within 27 Protection Zones, prior to operating a base station that enables\n mobile or portable stations to transmit in the 1695–1710 MHz band, licensees must successfully\n coordinate such base station operations with Federal Government entities operating meteorological\n satellite Earth-station receivers in the 1675–1710 MHz band. See 47 CFR 2.106, footnote US 88, for\n the 27 Protection Zones and other details.\n\n (2) Operation outside of 27 Protection Zones. Non-Federal operations, for mobile and portable stations\n operating at a maximum EIRP of 20 dBm, are permitted outside of the protection zones without\n coordination. All non-Federal operations for mobile and portables operating at a maximum EIRP of\n greater than 20 dBm and up to 30 dBm must be coordinated nationwide. All such operations may not\n cause harmful interference to the Federal operations protected in 47 CFR 2.106, footnote US 88.\n\n (3) Interference. If protected Federal operations receive harmful interference from AWS operations in the\n 1695–1710 MHz band, an AWS licensee must, upon notification, modify its operations and/or\n technical parameters as necessary to eliminate the interference.\n\n (4) Point of contact. AWS licensees in the 1695–1710 MHz band must provide and maintain a point of\n contact at all times so that immediate contact can be made should interference against protected\n Federal sites occur.\n\n\n\n47 CFR 27.1134(c)(4) (enhanced display) page 182 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1134(c)(5)\nMiscellaneous Wireless Communications Services\n\n\n (5) Coordination procedures. Federal use of the radio spectrum is generally governed by the National\n Telecommunications and Information Administration (NTIA) while non-Federal use is governed by\n the Commission. As such, any guidance or details concerning Federal/non-Federal coordination\n must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA\n one or more public notices with guidance or details concerning the coordination procedures for the\n 1695–1710 MHz band.\n\n (6) Requirements for licensees operating in the 1710–1755 MHz band. AWS licensees operating fixed\n stations in the 1710–1755 MHz band, if notified that such stations are causing interference to\n radiosonde receivers operating in the Meteorological Aids Service in the 1675–1700 MHz band or a\n meteorological-satellite earth receiver operating in the Meteorological-Satellite Service in the\n 1675–1710 MHz band, shall be required to modify the stations' location and/or technical parameters\n as necessary to eliminate the interference.\n\n (d) Recognition of NASA Goldstone facility operations in the 2110–2120 MHz band. The National Aeronautics\n and Space Administration (NASA) operates the Deep Space Network (DSN) in the 2110–2120 MHz band\n at Goldstone, California (see Table 3). NASA will continue its operations of high power transmitters\n (nominal EIRP of 105.5 dBW with EIRP up to 119.5 dBW used under emergency conditions) in this band at\n this location. AWS licensees must accept any interference received from the Goldstone DSN facility in this\n band.\n\n\n Table 3—Location of the NASA Goldstone Deep Space Facility\n\n Maximum\n Location Coordinates transmitter\n output power\n Goldstone, California 35°18′ N 116°54′ W 500 kW\n\n\n (e) Protection of Federal operations in the 2200–2290 MHz band —\n\n (1) Default emission limits. Except as provided in paragraph (e)(2) of this section, the following default\n out-of-band emissions limits shall apply for AWS–4 operations in the 2180–2200 MHz band.\n\n (i) For these AWS–4 operations, the power of any emissions on all frequencies between 2200 and\n 2290 MHz shall not exceed an EIRP of −100.6 dBW/4 kHz.\n\n (ii) No AWS–4 base station operating in the 2180–2200 MHz band shall be located less than 820\n meters from a U.S. Earth Station facility operating in the 2200–2290 MHz band.\n\n (2) Agreements between AWS–4 operators and Federal government entities. The out-of-band emissions\n limits in paragraph (e)(1) of this section may be modified by the private contractual agreement of\n licensees of AWS–4 operating authority and Federal government entities operating in the\n 2200–2290 MHz band. Such agreement shall be transmitted to the Commission by the National\n Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce. A\n licensee of AWS–4 operating authority who is a party to such an agreement must maintain a copy of\n the agreement in its station files and disclose it, upon request, to prospective AWS–4 assignees,\n transferees, or spectrum lessees, to Federal operators, and to the Commission.\n\n\n\n\n47 CFR 27.1134(e)(2) (enhanced display) page 183 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1134(f)\nMiscellaneous Wireless Communications Services\n\n\n (f) Protection of Federal operations in the 1755–1780 MHz band. The Federal Government operates\n communications systems in the 1755–1780 MHz band. Certain systems are expected to continue to\n operate in the band indefinitely. All other operations will be relocating to other frequencies or otherwise\n cease operations in the 1755–1780 MHz band in accordance with 47 CFR part 301. Until such a time as\n Federal operations in the 1755–1780 MHz bands vacate this spectrum, AWS licensees shall protect such\n systems and must accept any interference received from these Federal operations. See 47 CFR 2.106,\n footnote US 91, for details. AWS licensees must successfully coordinate proposed operations with all\n Federal incumbents prior to operation as follows:\n\n (1) Protection Zone(s). A protection zone is established for each Federal operation pursuant to 47 CFR\n 2.106, footnote US 91. Unless otherwise specified in later Commission actions, the default\n protection zone is nationwide. A base station which enables mobile or portable stations to transmit\n in the 1755–1780 MHz band may not operate within the Protection Zone(s) of a Federal operation\n until the licensee successfully coordinates such base station operations with Federal Government\n entities as follows depending on the type of Federal incumbent authorization:\n\n (i) Federal US&P Assignments. Each AWS licensee must coordinate with each Federal agency that\n has U.S. and Possessions (US&P) authority prior to its first operations in its licensed area to\n reach a coordination arrangement with each US&P agency on an operator-to-operator basis.\n (Agencies with U.S. and Possessions (US&P) authority do not operate nationwide and may be\n able to share, prior to relocation, in some areas.)\n\n (ii) Other Federal Assignments. Each AWS licensee must successfully coordinate all base station\n operations within a Protection Zone with the Federal incumbents. The default requirement is a\n nationwide coordination zone with possible revisions to the Protection Zone and other details\n to be announced in a Joint FCC/NTIA public notice.\n\n (2) Interference. If protected Federal operations receive harmful interference from AWS operations in the\n 1755–1780 MHz band, an AWS licensee must, upon notification, modify its operations and/or\n technical parameters as necessary to eliminate the interference.\n\n (3) Point of contact. AWS licensees in the 1755–1780 MHz band must provide and maintain a point of\n contact at all times so that immediate contact can be made should interference against protected\n Federal operations occur.\n\n (4) Coordination procedures. Federal use of the radio spectrum is generally governed by the National\n Telecommunications and Information Administration (NTIA) while non-Federal use is governed by\n the Commission. As such, any guidance or details concerning Federal/non-Federal coordination\n must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA\n one or more public notices with guidance or details concerning the coordination procedures for the\n 1755–1780 MHz band.\n\n[69 FR 5716, Feb. 6, 2004, as amended at 73 FR 50571, Aug. 27, 2008; 78 FR 8270, Jan. 5, 2013; 79 FR 32414, June 4, 2014]\n\n\n§ 27.1135 Protection of non-Federal Government Meteorological-Satellite operations.\nAWS licensees operating fixed stations in the 1710–1755 MHz band, if notified that such stations are causing\ninterference to meteorological-satellite earth receivers operating in the Meteorological-Satellite Service in the\n1675–1710 MHz band, shall be required to modify the stations' location and/or technical parameters as necessary\nto eliminate the interference.\n\n\n47 CFR 27.1135 (enhanced display) page 184 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1136\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1136 Protection of mobile satellite services in the 2000–2020 MHz and 2180–2200 MHz\nbands.\nAn AWS licensee of the 2000–2020 MHz and 2180–2200 MHz bands must accept any interference received from\nduly authorized mobile satellite service operations in these bands. Any such AWS licensees must protect mobile\nsatellite service operations in these bands from harmful interference.\n\n[78 FR 8270, Jan. 5, 2013]\n\n\nCOST-SHARING POLICIES GOVERNING MICROWAVE RELOCATION FROM THE 2110–2150 MHZ AND 2160–2200\n MHZ BANDS\n\nSource: Sections 27.1160 through 27.1174 appear at 71 FR 29835, May 24, 2006, unless otherwise noted.\n\n\n\n§ 27.1160 Cost-sharing requirements for AWS.\nFrequencies in the 2110–2150 MHz and 2160–2200 MHz bands listed in § 101.147 of this chapter have been\nreallocated from Fixed Microwave Services (FMS) to use by AWS (as reflected in § 2.106 of this chapter). In\naccordance with procedures specified in § 22.602 and §§ 101.69 through 101.82 of this chapter, AWS entities are\nrequired to relocate the existing microwave licensees in these bands if interference to the existing microwave\nlicensee would occur. All AWS entities that benefit from the clearance of this spectrum by other AWS entities or by a\nvoluntarily relocating microwave incumbent must contribute to such relocation costs. AWS entities may satisfy their\nreimbursement requirement by entering into private cost-sharing agreements or agreeing to terms other than those\nspecified in § 27.1164. However, AWS entities are required to reimburse other AWS entities or voluntarily relocating\nmicrowave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition,\nparties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in §\n27.1162) from AWS entities or other Emerging Technologies (ET) entities, including Mobile Satellite Service (MSS)\noperators (for Ancillary Terrestrial Component (ATC) base stations), that are not parties to the agreement. The cost-\nsharing plan is in effect during all phases of microwave relocation specified in §§ 22.602 and 101.69 of this\nchapter. If an AWS licensee enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this\nchapter) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the AWS entity responsible for\nsatisfying the cost-sharing obligations under §§ 27.1160–27.1174.\n\n[71 FR 29835, May 24, 2006, as amended at 78 FR 8270, Feb. 5, 2013]\n\n\n§ 27.1162 Administration of the Cost-Sharing Plan.\nThe Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a\nneutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia,\ndetermining the cost-sharing obligation of AWS and other ET entities for the relocation of FMS incumbents from the\n2110–2150 MHz and 2160–2200 MHz bands. The clearinghouse filing requirements (see §§ 27.1166(a), 27.1170)\nwill not take effect until an administrator is selected.\n\n\n\n\n47 CFR 27.1162 (enhanced display) page 185 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1164\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1164 The cost-sharing formula.\nAn AWS relocator who relocates an interfering microwave link, i.e., one that is in all or part of its market area and in\nall or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata\nreimbursement based on the following formula:\n\n\n\n\n (a) RN equals the amount of reimbursement.\n\n (b) C equals the actual cost of relocating the link(s). Actual relocation costs include, but are not limited to,\n such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems);\n towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering\n costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works;\n zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment;\n project management; prior coordination notification under § 101.103(d) of this chapter; site lease\n renegotiation; required antenna upgrades for interference control; power plant upgrade (if required);\n electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate\n transport equipment; and leased facilities. Increased recurring costs represent part of the actual cost of\n relocation and, even if the compensation to the incumbent is in the form of a commitment to pay five\n years of charges, the AWS or MSS/ATC relocator is entitled to seek immediate reimbursement of the lump\n sum amount based on present value using current interest rates, provided it has entered into a legally\n binding agreement to pay the charges. C also includes voluntarily relocating microwave incumbent's\n independent third party appraisal of its compensable relocation costs and incumbent transaction\n expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs\n involved. Hard costs are defined as the actual costs associated with providing a replacement system,\n such as equipment and engineering expenses. C may not exceed $250,000 per paired link, with an\n additional $150,000 permitted if a new or modified tower is required.\n\n (c) N equals the number of AWS and MSS/ATC entities that have triggered a cost-sharing obligation. For the\n AWS relocator, N = 1. For the next AWS entity triggering a cost-sharing obligation, N = 2, and so on. In the\n case of a voluntarily relocating microwave incumbent, N = 1 for the first AWS entity triggering a cost-\n sharing obligation. For the next AWS or MSS/ATC entity triggering a cost-sharing obligation, N = 2, and so\n on.\n\n (d) Tm equals the number of months that have elapsed between the month the AWS or MSS/ATC relocator or\n voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month in\n which an AWS entity triggers a cost-sharing obligation. An AWS or MSS/ATC relocator obtains\n reimbursement rights for the link on the date that it signs a relocation agreement with a microwave\n\n\n\n47 CFR 27.1164(d) (enhanced display) page 186 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1166\nMiscellaneous Wireless Communications Services\n\n\n incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the\n date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the\n use of the link, pursuant to § 101.305 of the Commission's rules.\n\n§ 27.1166 Reimbursement under the Cost-Sharing Plan.\n (a) Registration of reimbursement rights. Claims for reimbursement under the cost-sharing plan are limited to\n relocation expenses incurred on or after the date when the first AWS license is issued in the relevant AWS\n band (start date). If a clearinghouse is not selected by that date (see § 27.1162) claims for\n reimbursement (see § 27.1166) and notices of operation (see § 27.1170) for activities that occurred after\n the start date but prior to the clearinghouse selection must be submitted to the clearinghouse within 30\n calendar days of the selection date.\n\n (1) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement\n to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an\n incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of\n the relocated system within 30 calendar days after the end of the relocation.\n\n (2) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation\n of the relocation of the link to the clearinghouse within 30 calendar days of the date that the\n incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the\n link, pursuant to § 101.305 of the Commission's rules.\n\n (b) Documentation of expenses. Once relocation occurs, the AWS relocator, or the voluntarily relocating\n microwave incumbent, must submit documentation itemizing the amount spent for items specifically\n listed in § 27.1164(b), as well as any reimbursable items not specifically listed in § 27.1164(b) that are\n directly attributable to actual relocation costs. Specifically, the AWS relocator, or the voluntarily relocating\n microwave incumbent must submit, in the first instance, only the uniform cost data requested by the\n clearinghouse along with a copy, without redaction, of either the relocation agreement, if any, or the third\n party appraisal described in (b)(1) of this section, if relocation was undertaken by the microwave\n incumbent. AWS relocators and voluntarily relocating microwave incumbents must maintain\n documentation of cost-related issues until the applicable sunset date and provide such documentation\n upon request, to the clearinghouse, the Commission, or entrants that trigger a cost-sharing obligation. If\n an AWS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the AWS\n relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated\n cost for items listed in § 27.1164(b). If the sum paid to the incumbent cannot be accounted for, the\n remaining amount is not eligible for reimbursement.\n\n (1) Third party appraisal. The voluntarily relocating microwave incumbent, must also submit an\n independent third party appraisal of its compensable relocation costs. The appraisal should be\n based on the actual cost of replacing the incumbent's system with comparable facilities and should\n exclude the cost of any equipment upgrades or items outside the scope of § 27.1164(b).\n\n (2) Identification of links. The AWS relocator or the voluntarily relocating microwave incumbent must\n identify the particular link associated with appropriate expenses (i.e., costs may not be averaged\n over numerous links). Where the AWS relocator or voluntarily relocating microwave incumbent\n relocates both paths of a paired channel microwave link (e.g., 2110–2130 MHz with 2160–2180\n MHz and 2130–2150 MHz with 2180–2200 MHz), the AWS relocator or voluntarily relocating\n microwave incumbent must identify the expenses associated with each paired microwave link.\n\n\n\n47 CFR 27.1166(b)(2) (enhanced display) page 187 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1166(c)\nMiscellaneous Wireless Communications Services\n\n\n (c) Full Reimbursement. An AWS relocator who relocates a microwave link that is either fully outside its\n market area or its licensed frequency band may seek full reimbursement through the clearinghouse of\n compensable costs, up to the reimbursement cap as defined in § 27.1164(b). Such reimbursement will\n not be subject to depreciation under the cost-sharing formula.\n\n (d) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in\n satisfying the cost-sharing obligations under §§ 27.1160 through 27.1174. The requirement to act in good\n faith extends to, but is not limited to, the preparation and submission of the documentation required in\n paragraph (b) of this section.\n\n (e) MSS Participation in the Clearinghouse. MSS operators are not required to submit reimbursements to the\n clearinghouse for links relocated due to interference from MSS space-to-Earth downlink operations, but\n may elect to do so, in which case the MSS operator must identify the reimbursement claim as such and\n follow the applicable procedures governing reimbursement in part 27. MSS reimbursement rights and\n cost-sharing obligations for space-to-Earth downlink operations are governed by § 101.82 of this chapter.\n\n (f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz and 2180–2200 MHz bands. Where a\n voluntarily relocating microwave incumbent relocates a paired microwave link with paths in the\n 2130–2150 MHz and 2180–2200 MHz bands, it may not seek reimbursement from MSS operators, but is\n entitled to reimbursement from the first AWS beneficiary for its actual costs for relocating the paired link,\n subject to the reimbursement cap in § 27.1164(b). This amount is subject to depreciation as specified in\n § 27.1164(b). An AWS licensee who is obligated to reimburse relocation costs under this rule is entitled to\n obtain reimbursement from other AWS beneficiaries in accordance with §§ 27.1164 and 27.1168. For\n purposes of applying the cost-sharing formula relative to other AWS licensees that benefit from the self-\n relocation, depreciation shall run from the date on which the clearinghouse issues the notice of an\n obligation to reimburse the voluntarily relocating microwave incumbent.\n\n[71 FR 29835, May 24, 2006, as amended at 78 FR 8270, Jan. 5, 2013]\n\n\n§ 27.1168 Triggering a Reimbursement Obligation.\n (a) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-\n sharing obligation and therefore must pay an AWS relocator, MSS relocator, or a voluntarily relocating\n microwave incumbent in accordance with the formula detailed in § 27.1164:\n\n (1) All or part of the relocated microwave link was initially co-channel with the licensed AWS band(s) of\n the AWS entity or the selected assignment of the MSS operator that seeks and obtains ATC authority\n (see § 25.149(a)(2)(i) of this chapter);\n\n (2) An AWS relocator, MSS relocator or a voluntarily relocating microwave incumbent has paid the\n relocation costs of the microwave incumbent; and\n\n (3) The AWS or MSS entity is operating or preparing to turn on a fixed base station at commercial power\n and the fixed base station is located within a rectangle (Proximity Threshold) described as follows:\n\n (i) The length of the rectangle shall be x where x is a line extending through both nodes of the\n microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the\n rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24\n kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows:\n\n\n\n\n47 CFR 27.1168(a)(3)(i) (enhanced display) page 188 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1168(a)(3)(ii)\nMiscellaneous Wireless Communications Services\n\n\n\n\n (ii) If the application of the Proximity Threshold Test indicates that a reimbursement obligation\n exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-\n sharing formula and notify the AWS entity of the total amount of its reimbursement obligation.\n\n (b) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing\n obligation by deconstructing or modifying its facilities.\n\n[71 FR 29835, May 24, 2006, as amended at 78 FR 8271, Jan. 5, 2013]\n\n\n§ 27.1170 Payment issues.\nPrior to initiating operations for a newly constructed site or modified existing site, an AWS entity is required to file a\nnotice containing site-specific data with the clearinghouse. The notice regarding the new or modified site must\nprovide a detailed description of the proposed site's spectral frequency use and geographic location, including but\nnot limited to the applicant's name and address, the name of the transmitting base station, the geographic\ncoordinates corresponding to that base station, the frequencies and polarizations to be added, changed or deleted,\nand the emission designator. If a prior coordination notice (PCN) under § 101.103(d) of this chapter is prepared,\nAWS entities can satisfy the site-data filing requirement by submitting a copy of their PCN to the clearinghouse.\nAWS entities that file either a notice or a PCN have a continuing duty to maintain the accuracy of the site-specific\ndata on file with the clearinghouse. Utilizing the site-specific data, the clearinghouse will determine if any\nreimbursement obligation exists and notify the AWS entity in writing of its repayment obligation, if any. When the\nAWS entity receives a written copy of such obligation, it must pay directly to the relocator the amount owed within\n30 calendar days.\n\n[78 FR 8271, Jan. 5, 2013]\n\n\n\n\n47 CFR 27.1170 (enhanced display) page 189 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1172\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1172 Dispute Resolution Under the Cost-Sharing Plan.\n (a) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement\n required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that\n disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative\n Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques.\n\n (b) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-\n sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable\n and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the\n information necessary to prepare an independent estimate of the relocation costs in question and to file\n the independent estimate and supporting documentation with the clearinghouse.\n\n§ 27.1174 Termination of cost-sharing obligations.\nThe cost-sharing plan will sunset for all AWS and MSS entities on the same date on which the relocation obligation\nfor the subject AWS band (i.e., 2110–2150 MHz, 2160–2175 MHz, 2175–2180 MHz, 2180–2200 MHz) in which the\nrelocated FMS link was located terminates. AWS or MSS entrants that trigger a cost-sharing obligation prior to the\nsunset date must satisfy their payment obligation in full.\n\n[78 FR 8271, Feb. 5, 2013]\n\n\n COST-SHARING POLICIES GOVERNING BROADBAND RADIO SERVICE RELOCATION FROM THE 2150–2160/62\n MHZ BAND\n\nSource: Sections 27.1176 through 27.1190 appear at 71 FR 29835, May 24, 2006, unless otherwise noted.\n\n\n\n§ 27.1176 Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.\n (a) Frequencies in the 2150–2160/62 MHz band have been reallocated from the Broadband Radio Service\n (BRS) to AWS. All AWS entities who benefit from another AWS entity's clearance of BRS incumbents from\n this spectrum, including BRS incumbents occupying the 2150–2162 MHz band on a primary basis, must\n contribute to such relocation costs. Only AWS entrants that relocate BRS incumbents are entitled to such\n reimbursement.\n\n (b) AWS entities may satisfy their reimbursement requirement by entering into private cost-sharing\n agreements or agreeing to terms other than those specified in § 27.1180. However, AWS entities are\n required to reimburse other AWS entities that incur relocation costs and are not parties to the alternative\n agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the\n clearinghouse (as discussed in § 27.1178) from AWS entities that are not parties to the agreement. The\n cost-sharing plan is in effect during all phases of BRS relocation until the end of the period specified in §\n 27.1190. If an AWS licensee enters into a spectrum leasing arrangement and the spectrum lessee triggers\n a cost-sharing obligation, the licensee is the AWS entity responsible for satisfying cost-sharing obligations\n under these rules.\n\n\n\n\n47 CFR 27.1176(b) (enhanced display) page 190 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1178\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1178 Administration of the Cost-Sharing Plan.\nThe Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a\nneutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia,\ndetermining the cost-sharing obligations of AWS entities for the relocation of BRS incumbents from the 2150–2162\nMHz band. The clearinghouse filing requirements (see §§ 27.1182(a), 27.1186) will not take effect until an\nadministrator is selected.\n\n§ 27.1180 The cost-sharing formula.\n (a) An AWS licensee that relocates a BRS system with which it interferes is entitled to pro rata reimbursement\n based on the cost-sharing formula specified in § 27.1164, except that the depreciation factor shall be\n [180−Tm]/180, and the variable C shall be applied as set forth in paragraph (b) of this section.\n\n (b) C is the actual cost of relocating the system, and includes, but is not limited to, such items as: Radio\n terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or\n modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/\n path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs;\n training; disposal of old equipment; test equipment (vendor required); spare equipment; project\n management; site lease renegotiation; required antenna upgrades for interference control; power plant\n upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if\n required); alternate transport equipment; leased facilities; and end user units served by the base station\n that is being relocated. In addition to actual costs, C may include the cost of an independent third party\n appraisal conducted pursuant to § 27.1182(a)(3) and incumbent transaction expenses that are directly\n attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are\n defined as the actual costs associated with providing a replacement system, such as equipment and\n engineering expenses. There is no cap on the actual costs of relocation.\n\n (c) An AWS system shall be considered an interfering system for purposes of this rule if the AWS system is in\n all or part of the BRS frequency band and operates within line of sight to BRS operations under the\n applicable test specified in § 27.1184. An AWS relocator that relocates a BRS system with which it does\n not interfere is entitled to full reimbursement, as specified in § 27.1182(c).\n\n§ 27.1182 Reimbursement under the Cost-Sharing Plan.\n (a) Registration of reimbursement rights.\n\n (1) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement\n to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an\n incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of\n the relocated system within 30 calendar days after the end of the one-year trial period.\n\n (2) Registration of any BRS system shall include:\n\n (i) A description of the system's frequency use;\n\n (ii) If the system exclusively provides one-way transmissions to subscribers, the Geographic\n Service Area of the system; and\n\n (iii) If the system does not exclusively provide one-way transmission to subscribers, the system hub\n antenna's geographic location and the above ground level height of the system's receiving\n antenna centerline.\n\n47 CFR 27.1182(a)(2)(iii) (enhanced display) page 191 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1182(a)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) The AWS relocator must also include with its system registration an independent third party\n appraisal of the compensable relocation costs. The appraisal should be based on the actual cost of\n replacing the incumbent's system with comparable facilities and should exclude the cost of any\n equipment upgrades that are not necessary to the provision of comparable facilities. An AWS\n relocator may submit registration without a third party appraisal if it consents to binding resolution\n by the clearinghouse of any good faith cost disputes regarding the reimbursement claim, under the\n following standard: The relocator shall bear the burden of proof, and be required to demonstrate by\n clear and convincing evidence that its request does not exceed the actual cost of relocating the\n relevant BRS system or systems to comparable facilities. Failure to satisfy this burden of proof will\n result in loss of rights to subsequent reimbursement of the disputed costs from any AWS licensee.\n\n (b) Documentation of expenses. Once relocation occurs, the AWS relocator must submit documentation\n itemizing the amount spent for items specifically listed in § 27.1180(b), as well as any reimbursable items\n not specifically listed in § 27.1180(b) that are directly attributable to actual relocation costs. Specifically,\n the AWS relocator must submit, in the first instance, only the uniform cost data requested by the\n clearinghouse along with copies, without redaction, of the relocation agreement, if any, and the third party\n appraisal described in (a)(3), of this section, if prepared. The AWS relocator must identify the particular\n system associated with appropriate expenses (i.e., costs may not be averaged over numerous systems).\n If an AWS relocator pays a BRS incumbent a monetary sum to relocate its own facilities in whole or in\n part, the AWS relocator must itemize the actual costs to the extent determinable, and otherwise must\n estimate the actual costs associated with relocating the incumbent and itemize these costs. If the sum\n paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement.\n All AWS relocators seeking reimbursement through the clearinghouse have an ongoing duty to maintain\n all relevant records of BRS relocation-related expenses until the sunset of cost-sharing obligations, and to\n provide, upon request, such documentation, including a copy of the independent appraisal if one was\n conducted, to the clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing obligation.\n\n (c) Full reimbursement. An AWS relocator who relocates a BRS system that is either:\n\n (1) Wholly outside its frequency band; or\n\n (2) Not within line of sight of the relocator's transmitting base station may seek full reimbursement\n through the clearinghouse of compensable costs. Such reimbursement will not be subject to\n depreciation under the cost-sharing formula.\n\n (d) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in\n satisfying the cost-sharing obligations under §§ 27.1176 through 27.1190. The requirement to act in good\n faith extends to, but is not limited to, the preparation and submission of the documentation required in\n paragraph (b) of this section.\n\n§ 27.1184 Triggering a reimbursement obligation.\n (a) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-\n sharing obligation and therefore must pay an AWS relocator of a BRS system in accordance with the\n formula detailed in § 27.1180:\n\n (1) All or part of the relocated BRS system was initially co-channel with the licensed AWS band(s) of the\n AWS entity;\n\n (2) An AWS relocator has paid the relocation costs of the BRS incumbent; and\n\n\n\n47 CFR 27.1184(a)(2) (enhanced display) page 192 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1184(a)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) The other AWS entity has turned on or is preparing to turn on a fixed base station at commercial\n power and the incumbent BRS system would have been within the line of sight of the AWS entity's\n fixed base station, defined as follows.\n\n (i) For a BRS system using the 2150–2160/62 MHz band exclusively to provide one-way\n transmissions to subscribers, the clearinghouse will determine whether there is an\n unobstructed signal path (line of sight) to the incumbent licensee's geographic service area\n (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiving antenna\n height, use of the actual transmitting antenna height and terrain elevation, and assumption of\n 4/3 Earth radius propagation conditions. Terrain elevation data must be obtained from the U.S.\n Geological Survey (USGS) 3-second database. All coordinates used in carrying out the required\n analysis shall be based upon use of NAD–83.\n\n (ii) For all other BRS systems using the 2150–2160/62 MHz band, the clearinghouse will determine\n whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive\n station hub using the method prescribed in “Methods for Predicting Interference from\n Response Station Transmitters and to Response Station Hubs and for Supplying Data on\n Response Station Systems. MM Docket 97–217,” in Amendment of 47 CFR parts 1, 21 and 74\n to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to\n Engage in Fixed Two-Way Transmissions, MM Docket No. 97–217, Report and Order on Further\n Reconsideration and Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610,\n Appendix D.\n\n (b) If the application of the trigger test described in paragraphs (a)(3)(i) and (ii) of this section, indicates that\n a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in\n accordance with the cost-sharing formula and notify the subsequent AWS entity of the total amount of its\n reimbursement obligation.\n\n (c) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing\n obligation by deconstructing or modifying its facilities.\n\n§ 27.1186 Payment issues.\nPayment of cost-sharing obligations for the relocation of BRS systems in the 2150–60/62 MHz band is subject to\nthe rules set forth in § 27.1170. If an AWS licensee is initiating operations for a newly constructed site or modified\nexisting site in licensed bands overlapping the 2150–2160/62 MHz band, the AWS licensee must file with the\nclearinghouse, in addition to the site-specific data required by § 27.1170, the above ground level height of the\ntransmitting antenna centerline. AWS entities have a continuing duty to maintain the accuracy of the site-specific\ndata on file with the clearinghouse.\n\n[71 FR 29835, May 24, 2006, as amended at 72 FR 41939, Aug. 1, 2007]\n\n\n§ 27.1188 Dispute resolution under the Cost-Sharing Plan.\n (a) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement\n required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that\n disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative\n Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques.\n\n\n\n\n47 CFR 27.1188(a) (enhanced display) page 193 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1188(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-\n sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable\n and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the\n information necessary to prepare an independent estimate of the relocation costs in question and to file\n the independent estimate and supporting documentation with the clearinghouse.\n\n§ 27.1190 Termination of cost-sharing obligations.\nThe plan for cost-sharing in connection with BRS relocation will sunset for all AWS entities fifteen years after the\nrelocation sunset period for BRS relocation commences, i.e., fifteen years after the first AWS licenses are issued in\nany part of the 2150–2162 MHz band. AWS entrants that trigger a cost-sharing obligation prior to the sunset date\nmust satisfy their payment obligation in full.\n\nSubpart M—Broadband Radio Service and Educational Broadband Service\n\nSource: 69 FR 72034, Dec. 10, 2004, unless otherwise noted.\n\n\n\n§ 27.1200 Change to BRS and EBS.\n (a) As of January 10, 2005, licensees assigned to the Multipoint Distribution Service (MDS) and the\n Multichannel Multipoint Distribution Service (MMDS) shall be reassigned to the Broadband Radio Service\n (BRS) and licensees in the Instructional Television Fixed Service (ITFS) shall be reassigned to the\n Educational Broadband Service (EBS).\n\n§ 27.1201 [Reserved]\n§ 27.1202 Cable/BRS cross-ownership.\n (a) Initial or modified authorizations for BRS stations may not be granted to a cable operator if a portion of\n the BRS station's protected services area is within the portion of the franchise area actually served by the\n cable operator's cable system and the cable operator will be using the BRS station as a multichannel\n video programming distributor (as defined in § 76.64(d) of this chapter). No cable operator may acquire\n such authorization either directly, or indirectly through an affiliate owned, operated, or controlled by or\n under common control with a cable operator if the cable operator will use the BRS station as a\n multichannel video programming distributor.\n\n (b) No licensee of a station in this service may lease transmission time or capacity to a cable operator either\n directly, or indirectly through an affiliate owned, operated, controlled by, or under common control with a\n cable operator, if a portion of the BRS station's protected services area is within the portion of the\n franchise area actually served by the cable operator's cable system the cable operator will use the BRS\n station as a multichannel video programming distributor.\n\n (c) Applications for new stations, station modifications, assignments or transfers of control by cable\n operators of BRS stations shall include a showing that no portion of the GSA of the BRS station is within\n the portion of the franchise area actually served by the cable operator's cable system, or of any entity\n indirectly affiliated, owned, operated, controlled by, or under common control with the cable operator.\n Alternatively, the cable operator may certify that it will not use the BRS station to distribute multichannel\n video programming.\n\n\n\n47 CFR 27.1202(c) (enhanced display) page 194 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1202(d)\nMiscellaneous Wireless Communications Services\n\n\n (d) In applying the provisions of this section, ownership and other interests in BRS licensees or cable\n television systems will be attributed to their holders and deemed cognizable pursuant to the following\n criteria:\n\n (1) Except as otherwise provided herein, partnership and direct ownership interests and any voting stock\n interest amounting to 5% or more of the outstanding voting stock of a corporate BRS licensee or\n cable television system will be cognizable;\n\n (2) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies and banks holding stock\n through their trust departments in trust accounts will be considered to have a cognizable interest\n only if they hold 20% or more of the outstanding voting stock of a corporate BRS licensee or cable\n television system, or if any of the officers or directors of the BRS licensee or cable television system\n are representatives of the investment company, insurance company or bank concerned. Holdings by\n a bank or insurance company will be aggregated if the bank or insurance company has any right to\n determine how the stock will be voted. Holdings by investment companies will be aggregated if\n under common management.\n\n (3) Attribution of ownership interests in a BRS licensee or cable television system that are held indirectly\n by any party through one or more intervening corporations will be determined by successive\n multiplication of the ownership percentages for each link in the vertical ownership chain and\n application of the relevant attribution benchmark to the resulting product, except that wherever the\n ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of\n this multiplication. For purposes of paragraph (d)(9) of this section, attribution of ownership\n interests in a BRS licensee or cable television system that are held indirectly by any party through\n one or more intervening organizations will be determined by successive multiplication of the\n ownership percentages for each link in the vertical ownership chain and application of the relevant\n attribution benchmark to the resulting product, and the ownership percentage for any link in the\n chain that exceeds 50% shall be included for purposes of this multiplication. For example, except for\n purposes of paragraph (d)(9) of this section, if A owns 10% of company X, which owns 60% of\n company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as\n Y's interest because X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1\n × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's\n interest would not be cognizable. For purposes of paragraph (d)(9) of this section, X's interest in\n “Licensee” would be 15% (0.6 × 0.25) and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25).\n Neither interest would be attributed under paragraph (d)(9) of this section.\n\n (4) Voting stock interests held in trust shall be attributed to any person who holds or shares the power to\n vote such stock, to any person who has the sole power to sell such stock, and to any person who has\n the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial,\n personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or\n beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise\n qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's\n assets unless all voting stock interests held by the grantor or beneficiary in the relevant BRS licensee\n or cable television system are subject to said trust.\n\n (5) Subject to paragraph (d)(9) of this section, holders of non-voting stock shall not be attributed an\n interest in the issuing entity. Subject to paragraph (d)(9) of this section, holders of debt and\n instruments such as warrants, convertible debentures, options or other non-voting interests with\n rights of conversion to voting interests shall not be attributed unless and until conversion is effected.\n\n (6)\n47 CFR 27.1202(d)(6) (enhanced display) page 195 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1202(d)(6)(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) A limited partnership interest shall be attributed to a limited partner unless that partner is not\n materially involved, directly or indirectly, in the management or operation of the BRS or cable\n television activities of the partnership and the licensee or system so certifies. An interest in a\n Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be\n attributed to the interest holder unless that interest holder is not materially involved, directly or\n indirectly, in the management or operation of the BRS or cable television activities of the\n partnership and the licensee or system so certifies.\n\n (ii) For a licensee or system that is a limited partnership to make the certification set forth in\n paragraph (d)(6)(i) of this section, it must verify that the partnership agreement or certificate of\n limited partnership, with respect to the particular limited partner exempt from attribution,\n establishes that the exempt limited partner has no material involvement, directly or indirectly, in\n the management or operation of the BRS or cable television activities of the partnership. For a\n licensee or system that is an LLC or RLLP to make the certification set forth in paragraph\n (d)(6)(i) of this section, it must verify that the organizational document, with respect to the\n particular interest holder exempt from attribution, establishes that the exempt interest holder\n has no material involvement, directly or indirectly, in the management or operation of the BRS or\n cable television activities of the LLC or RLLP. Irrespective of the terms of the certificate of\n limited partnership or partnership agreement, or other organizational document in the case of\n an LLC or RLLP, however, no such certification shall be made if the individual or entity making\n the certification has actual knowledge of any material involvement of the limited partners, or\n other interest holders in the case of an LLC or RLLP, in the management or operation of the BRS\n or cable television businesses of the partnership or LLC or RLLP.\n\n (iii) In the case of an LLC or RLLP, the licensee or system seeking installation shall certify, in\n addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate\n itself as required by our criteria.\n\n (7) Officers and directors of a BRS licensee or cable television system are considered to have a\n cognizable interest in the entity with which they are so associated. If any such entity engages in\n businesses in addition to its primary business of BRS or cable television service, it may request the\n Commission to waive attribution for any officer or director whose duties and responsibilities are\n wholly unrelated to its primary business. The officers and directors of a parent company of a BRS\n licensee or cable television system, with an attributable interest in any such subsidiary entity, shall\n be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of\n the officer or director involved are wholly unrelated to the BRS licensee or cable television system\n subsidiary, and a statement properly documenting this fact is submitted to the Commission. The\n officers and directors of a sister corporation of a BRS licensee or cable television system shall not be\n attributed with ownership of these entities by virtue of such status.\n\n (8) Discrete ownership interests will be aggregated in determining whether or not an interest is\n cognizable under this section. An individual or entity will be deemed to have a cognizable investment\n if:\n\n (i) The sum of the interests held by or through “passive investors” is equal to or exceeds 20\n percent; or\n\n (ii) The sum of the interests other than those held by or through “passive investors” is equal to or\n exceeds 5 percent; or\n\n\n\n47 CFR 27.1202(d)(8)(ii) (enhanced display) page 196 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1202(d)(8)(iii)\nMiscellaneous Wireless Communications Services\n\n\n (iii) The sum of the interests computed under paragraph (d)(8)(i) of this section plus the sum of the\n interests computed under paragraph (d)(8)(ii) of this section equal to or exceeds 20 percent.\n\n (9) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, the holder of an equity or debt interest\n or interests in a BRS licensee or cable television system subject to the BRS/cable cross-ownership\n rule (“interest holder”) shall have that interest attributed if:\n\n (i) The equity (including all stockholdings, whether voting or nonvoting, common or preferred) and\n debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all equity\n plus all debt) of that BRS licensee or cable television system; and\n\n (ii) The interest holder also holds an interest in a BRS licensee or cable television system that is\n attributable under this section (other than this paragraph) and which operates in any portion of\n the franchise area served by that cable operator's cable system.\n\n (10) The term “area served by a cable system” means any area actually passed by the cable operator's\n cable system and which can be connected for a standard connection fee.\n\n (11) As used in this section “cable operator” shall have the same definition as in § 76.5 of this chapter.\n\n (e) The Commission will entertain requests to waive the restrictions in paragraph (a) of this section where\n necessary to ensure that all significant portions of the franchise area are able to obtain multichannel\n video service.\n\n (f) The provisions of paragraphs (a) through (e) of this section will not apply to one BRS channel used to\n provide locally-produced programming to cable headends. Locally-produced programming is\n programming produced in or near the cable operator's franchise area and not broadcast on a television\n station available within that franchise area. A cable operator will be permitted one BRS channel for this\n purpose, and no more than one BRS channel may be used by a cable television company or its affiliate or\n lessor pursuant to this paragraph. The licensee for a cable operator providing local programming pursuant\n to a lease must include in a notice filed with the Wireless Telecommunications Bureau a cover letter\n explicitly identifying itself or its lessees as a local cable operator and stating that the lease was executed\n to facilitate the provision of local programming. The first application or the first lease notification in an\n area filed with the Commission will be entitled to the exemption. The limitations on one BRS channel per\n party and per area include any cable/BRS operations or cable/EBS operations. The cable operator must\n demonstrate in its BRS application that the proposed local programming will be provided within one year\n from the date its application is granted. Local programming service pursuant to a lease must be provided\n within one year of the date of the lease or one year of grant of the licensee's application for the leased\n channel, whichever is later. If a BRS license for these purposes is granted and the programming is\n subsequently discontinued, the license will be automatically forfeited the day after local programming\n service is discontinued.\n\n (g) Applications filed by cable television companies, or affiliates, for BRS channels prior to February 8, 1990,\n will not be subject to the prohibitions of this section. Applications filed on February 8, 1990, or thereafter\n will be returned. Lease arrangements between cable and BRS entities for which a lease or a firm\n agreement was signed prior to February 8, 1990, will also not be subject to the prohibitions of this section.\n Leases between cable television companies, or affiliates, and BRS station licensees, conditional licensees,\n or applicants executed on February 8, 1990, or thereafter, are invalid.\n\n (1) Applications filed by cable operators, or affiliates, for BRS channels prior to February 8, 1990, will not\n be subject to the prohibitions of this section. Except as provided in paragraph (g)(2)of this section,\n applications filed on February 8, 1990, or thereafter will be returned. Lease arrangements between\n\n47 CFR 27.1202(g)(1) (enhanced display) page 197 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1202(g)(2)\nMiscellaneous Wireless Communications Services\n\n\n cable and BRS entities for which a lease or a firm agreement was signed prior to February 8, 1990,\n will also not be subject to the prohibitions of this section. Except as provided in paragraph (g)(2) of\n this section, leases between cable operators, or affiliates, and BRS/EBS station licensees, conditional\n licensees, or applicants executed on or before February 8, 1990, or thereafter are invalid.\n\n (2) Applications filed by cable operators, or affiliates for BRS channels after February 8, 1990, and prior\n to October 5, 1992, will not be subject to the prohibition of this section, if, pursuant to the then\n existing overbuild or rural exceptions, the applications were allowed under the then existing cable/\n BRS cross-ownership prohibitions. Lease arrangements between cable operators and BRS entities\n for which a lease or firm agreement was signed after February 8, 1990, and prior to October 5, 1992,\n will not be subject to the prohibitions of this section, if, pursuant to the then existing rural and\n overbuild exceptions, the lease arrangements were allowed.\n\n (3) The limitations on cable television ownership in this section do not apply to any cable operator in any\n franchise area in which a cable operator is subject to effective competition as determined under\n section 623(l) of the Communications Act.\n\n[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006]\n\n\n§ 27.1203 [Reserved]\n§ 27.1204 EBS Tribal priority filing window.\n (a) The Commission will specify by public notice a window filing period for applications for new EBS stations\n on rural Tribal Lands. EBS applications for new facilities will be accepted only during this window.\n Applications submitted prior to the window opening date identified in the public notice will be returned as\n premature. Applications submitted after the deadline will be dismissed with prejudice as untimely.\n\n (b) Applicants in the Tribal priority filing window must demonstrate that they are eligible to file in that window.\n To be considered eligible for the Tribal priority window, an applicant must be:\n\n (1) A federally recognized American Indian Tribe or Alaska Native Village; or an entity that is owned and\n controlled by a federally-recognized Tribe or a consortium of federally-recognized Tribes;\n\n (2) Requesting a license on Tribal Land, which is defined to be any federally recognized Indian Tribe's\n reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions\n established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian\n Allotments, see § 54.400(e) of this chapter, as well as Hawaiian Home Lands—areas held in trust for\n native Hawaiians by the State of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920,\n July 9, 1921, 42 Stat 108, et seq., as amended; and any lands designated prior to July 10, 2019, as\n Tribal Lands pursuant to the designation process contained in § 54.412 of this chapter;\n\n (3) Requesting a GSA in a rural area, which is defined to be lands that are not part of an urbanized area\n or urban cluster area with a population equal to or greater than 50,000; and\n\n (4) Have a local presence on the Tribal Land for which they are applying.\n\n (c) Following the close of the Tribal priority window, the Commission will issue a public notice of acceptance\n for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal\n requirements and that are not in conflict with any other application filed during the window. Petitions to\n deny such applications may be filed within 30 days of such public notice. A copy of any petition to deny\n must be served on the applicant.\n\n47 CFR 27.1204(c) (enhanced display) page 198 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1204(d)\nMiscellaneous Wireless Communications Services\n\n\n (d) If applications are filed in the Tribal priority window that are mutually exclusive, the Commission will use\n competitive bidding to resolve the mutual exclusivity. Two or more pending applications are mutually\n exclusive if the grant of one application would effectively preclude the grant of one or more of the others\n under Commission rules in this chapter.\n\n (e) For non-mutually exclusive applications, the applications will be processed in accordance with procedures\n to be specified by the Wireless Telecommunications Bureau.\n\n[84 FR 57365, Oct. 25, 2019, as amended at 85 FR 1284, Jan. 10, 2020]\n\n\n§ 27.1205 EBS renewal standard.\nIn applying the renewal standard contained in § 1.949 of this chapter to EBS, for licenses initially issued after\nOctober 25, 2019, the applicable safe harbors are the buildout standards contained in § 27.14(u). For licenses\ninitially issued before October 25, 2019, the applicable safe harbors are the buildout standards contained in §\n27.14(o); provided, however, that the educational use safe harbor contained in § 27.14(o)(2) may only be used by a\nlicensee that meets the eligibility requirements to hold an EBS license pursuant to the provisions of § 27.1201(a)\ncontained in the edition of 47 CFR parts 20 through 39, revised as of October 1, 2017.\n\n[84 FR 57365, Oct. 25, 2019]\n\n\n§ 27.1206 Geographic service area.\n (a) BRS:\n\n (1) For BRS incumbent licenses granted before September 15, 1995, the geographic service area (GSA)\n is the area that is bounded by a circle having a 35 mile radius and centered at the station's reference\n coordinates, which was the previous PSA entitled to incumbent licensees prior to January 10, 2005,\n and is bounded by the chord(s) drawn between intersection points of the licensee's previous 35 mile\n PSA and those of respective adjacent market, co-channel licensees;\n\n (2) For BRS BTA authorization holders, the GSA for a channel is the BTA, subject to the exclusion of\n overlapping, co-channel incumbent GSAs created on January 10, 2005.\n\n (3) If an incumbent BRS license is cancelled or is forfeited, the GSA area of the incumbent station shall\n dissolve and the right to operate in that area automatically reverts to the GSA licensee that held the\n corresponding BTA.\n\n (b) EBS:\n\n (1) Existing EBS licensees.\n\n (i) The GSA of EBS licenses on the E and F channel groups is defined in § 27.1216. EBS licensees\n on the E and F channel groups are prohibited from expanding their GSAs.\n\n (ii) For incumbent EBS licenses not in the E and F channel groups in effect as of October 25, 2019,\n the geographic service area (GSA) is the area that is bounded by a circle having a 35 mile radius\n and centered at the station's reference coordinates, which was the previous PSA entitled to\n incumbent licensees prior to January 10, 2005, and is bounded by the chord(s) drawn between\n intersection points of the licensee's previous 35 mile PSA and those of respective adjacent\n market, co-channel licensees.\n\n (2) New initial EBS licenses.\n47 CFR 27.1206(b)(2) (enhanced display) page 199 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1206(b)(2)(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) For EBS licenses issued in the Tribal Priority Window, the GSA consists of the rural Tribal Land\n (as defined in § 27.1204(b)(3)) specified in the application.\n\n (ii) For all other new initial licenses issued after April 27, 2020, the GSA is the county for which the\n license is issued, subject to the exclusion of overlapping, co-channel incumbent GSAs.\n\n[84 FR 57365, Oct. 25, 2019]\n\n\n§ 27.1207 Service areas and authorizations.\n (a) Initial authorizations for BRS granted after January 1, 2008, shall be blanket licenses for all BRS\n frequencies identified in § 27.5(i)(2). Except for incumbent BRS licenses, BRS service areas are the 1992\n version of Basic Trading Areas (BTAs) defined by Rand McNally, or additional service areas similar to\n BTAs adopted by the Commission. The market area for each license will be listed on the license\n authorization. The following are additional BRS service areas in places where Rand McNally has not\n defined BTAs: American Samoa; Guam; Gulf of Mexico Zone A; Gulf of Mexico Zone B; Gulf of Mexico\n Zone C; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and\n the United States Virgin Islands. The boundaries of Gulf of Mexico Zone A are from an area twelve\n nautical miles from the shoreline at mean high tide on the north and east, to the limit of the Outer\n Continental Shelf to the south, and to longitude 91°00′ to the west. The boundaries of Gulf of Mexico Zone\n B are from an area twelve nautical miles from the shoreline at mean high tide on the north, to the limit of\n the Outer Continental Shelf to the south, to longitude 91°00′ to the east, and to longitude 94°00′ to the\n west. The boundaries of Gulf of Mexico Zone C are from an area twelve nautical miles from the shoreline\n at mean high tide on the north and west, to longitude 94°00′ to the east, and to a line 281 kilometers from\n the reference point at Linares, N.L., Mexico on the southwest. The Mayaguez/Aguadilla-Ponce, PR, service\n area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo,\n Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias,\n Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincón, Sabana Grande,\n Salinas, San German, Santa Isabel, Villalba and Yauco. The San Juan service area consists of all other\n municipios in Puerto Rico.\n\n (b) For EBS initial licenses issued after October 25, 2019, except for licenses issued in the Tribal Priority\n Window, the GSA is the county for which the license is issued, subject to the exclusion of overlapping, co-\n channel incumbent GSAs. For purposes of this subpart, counties are defined using the United States\n Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. Except\n for licenses issued in the Tribal Priority Window, there shall be three initial authorizations issued in each\n county: One authorization for channels A1, A2, A3, B1, B2, B3, C1, C2, and C3; the second authorization for\n channels D1, D2, D3, JA1, JA2, JA3, JB1, JB2, JB3, JC1, JC2, JC3, JD1, JD2, JD3, A4, B4, C4, D4, and G4;\n the third authorization for channels G1, G2, G3, KG1, KG2, and KG3.\n\n[84 FR 57366, Oct. 25, 2019]\n\n\n§ 27.1208 Geographic area licensing.\n (a) All BRS and EBS licenses are geographic area licenses. Blanket licenses cover all mobile and response\n stations. Pursuant to that geographic area license, incumbent licensees may modify their systems\n provided the modified system complies with the applicable rules in this chapter. The blanket license\n covers all fixed stations anywhere within the authorized service area, except a station must be individually\n licensed if:\n\n47 CFR 27.1208(a) (enhanced display) page 200 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1208(a)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) International agreements require coordination;\n\n (2) Submission of an Environmental Assessment is required under § 1.1307 of this chapter; and\n\n (3) The station would affect the radio quiet zones under § 1.924 of this chapter.\n\n (b) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be\n registered with the Commission prior to construction under § 17.4 of this chapter.\n\n[84 FR 57366, Oct. 25, 2019]\n\n\n§ 27.1209 Reversion and overlay rights.\n (a) The frequencies associated with BRS incumbent authorizations that have cancelled automatically or\n otherwise recovered by the Commission automatically revert to the applicable BRS BTA licensee.\n\n (b) The frequencies associated with EBS incumbent authorizations with a geographic service area that have\n cancelled automatically or otherwise recovered by the Commission automatically revert to a co-channel\n EBS county-based licensee, except that if the area in question is Tribal Land as defined in § 27.1204(b)(3)\n and is contiguous to the GSA of a co-channel authorization issued in the Tribal Priority Window, the area\n consisting of Tribal Land reverts to the co-channel license issued in the Tribal Priority Window.\n\n (c) The frequencies associated with EBS authorizations issued in the Tribal Priority Window with a\n geographic service area that have cancelled automatically or otherwise recovered by the Commission\n automatically revert to a co-channel EBS county-based authorization.\n\n[84 FR 57366, Oct. 25, 2019]\n\n\n§ 27.1210 Remote control operation.\nLicensed BRS/EBS stations may be operated by remote control without further authority.\n\n§ 27.1211 Unattended operation.\nUnattended operation of licensed BRS/EBS stations is permitted without further authority. An unattended relay\nstation may be employed to receive and retransmit signals of another station provided that the transmitter is\nequipped with circuits which permit it to radiate only when the signal intended to be retransmitted is present at the\nreceiver input terminals.\n\n§ 27.1212 License term.\n (a) BRS/EBS licenses shall be issued for a period of 10 years beginning with the date of grant.\n\n (b) An initial BTA authorization shall be issued for a period of ten years from the date the Commission\n declared bidding closed in the MDS auction.\n\n§ 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior to\nJanuary 1, 2004.\n (a) Eligibility for small business provisions. For purposes of Commission auctions commencing prior to\n January 1, 2004 for BRS licenses, a small business is an entity that together with its affiliates has average\n annual gross revenues that are not more than $40 million for the preceding three calendar years.\n\n47 CFR 27.1213(a) (enhanced display) page 201 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1213(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) Designated entities. As specified in this section, designated entities that are winning bidders in\n Commission auctions commencing prior to January 1, 2004 for BTA service areas are eligible for special\n incentives in the auction process. See 47 CFR 1.2110.\n\n (c) Installment payments. Small businesses and small business consortia may elect to pay the full amount of\n their winning bids in Commission auctions commencing prior to January 1, 2004 for BTA service areas in\n installments over a ten (10) year period running from the date that their BTA authorizations are issued.\n\n (1) Upon issuance of a BTA authorization to a winning bidder in a Commission auction commencing\n prior to January 1, 2004 that is eligible for installment payments, the Commission will notify such\n eligible BTA authorization holder of the terms of its installment payment plan. For BRS, such\n installment payment plans will:\n\n (i) Impose interest based on the rate of ten (10) year U.S. Treasury obligations at the time of\n issuance of the BTA authorization, plus two and one half (2.5) percent;\n\n (ii) Allow installment payments for a ten (10) year period running from the date that the BTA\n authorization is issued;\n\n (iii) Begin with interest-only payments for the first two (2) years; and\n\n (iv) Amortize principal and interest over the remaining years of the ten (10) year period running\n from the date that the BTA authorization is issued.\n\n (2) Conditions and obligations. See § 1.2110(g)(4) of this chapter.\n\n (3) Unjust enrichment. If an eligible BTA authorization holder that utilizes installment financing under\n this subsection seeks to partition, pursuant to applicable rules, a portion of its BTA containing one-\n third or more of the population of the area within its control in the licensed BTA to an entity not\n meeting the eligibility standards for installment payments, the holder must make full payment of the\n remaining unpaid principal and any unpaid interest accrued through the date of partition as a\n condition of approval.\n\n (d) Reduced upfront payments. For purposes of Commission auctions commencing prior to January 1, 2004\n for BRS licenses, a prospective bidder that qualifies as a small business, or as a small business consortia,\n is eligible for a twenty-five (25) percent reduction in the amount of the upfront payment otherwise\n required. To be eligible to bid on a particular BTA, a small business will be required to submit an upfront\n payment equal to seventy-five (75) percent of the upfront payment amount specified for that BTA in the\n public notice listing the upfront payment amounts corresponding to each BTA service area being\n auctioned.\n\n (e) Bidding credits. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS\n licenses, a winning bidder that qualifies as a small business, or as a small business consortia, may use a\n bidding credit of fifteen (15) percent to lower the cost of its winning bid on any of the BTA authorizations\n awarded in the Commission BRS auctions commencing prior to January 1, 2004.\n\n (f) Short-form application certification; Long-form application or statement of intention disclosure. A BRS\n applicant in a Commission auction commencing prior to January 1, 2004 claiming designated entity\n status shall certify on its short-form application that it is eligible for the incentives claimed. A designated\n entity that is a winning bidder for a BTA service area(s) shall, in addition to information otherwise required,\n file an exhibit to either its initial long-form application for a BRS station license, or to its statement of\n intention with regard to the BTA, which discloses the gross revenues for each of the past three years of\n the winning bidder and its affiliates. This exhibit shall describe how the winning bidder claiming status as\n\n47 CFR 27.1213(f) (enhanced display) page 202 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1213(g)\nMiscellaneous Wireless Communications Services\n\n\n a designated entity satisfies the designated entity eligibility requirements, and must list and summarize all\n agreements that affect designated entity status, such as partnership agreements, shareholder\n agreements, management agreements and other agreements, including oral agreements, which establish\n that the designated entity will have both de facto and de jure control of the entity. See 47 CFR 1.2110(i).\n\n (g) Records maintenance. All holders of BTA authorizations acquired in a Commission auction commencing\n prior to January 1, 2004 that claim designated entity status shall maintain, at their principal place of\n business or with their designated agent, an updated documentary file of ownership and revenue\n information necessary to establish their status. Holders of BTA authorizations or their successors in\n interest shall maintain such files for a ten (10) year period running from the date that their BTA\n authorizations are issued. The files must be made available to the Commission upon request.\n\n[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006]\n\n\n§ 27.1214 EBS grandfathered leases.\nAll leases of current EBS spectrum entered into prior to January 10, 2005 and in compliance with leasing rules\ncontained in 47 CFR part 74, revised as of October 1, 2004, may continue in force and effect, notwithstanding any\ninconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth in this\nchapter. Such leases entered into pursuant to the rules formerly contained in 47 CFR part 74 may be renewed and\nassigned in accordance with the terms of such lease. All spectrum leasing arrangements leases entered into after\nJanuary 10, 2005, under the rules set forth in part 1 of this chapter and this part, must comply with the rules in\nthose parts.\n\n[84 FR 57366, Oct. 25, 2019]\n\n\n§ 27.1215 BRS grandfathered leases.\n (a) All leases of current BRS spectrum entered into prior to January 10, 2005 and in compliance with rules\n formerly contained in part 21 of this chapter may continue in force and effect, notwithstanding any\n inconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth\n in this chapter. Such leases entered into pursuant to the former part 21 of this chapter may be renewed\n and assigned in accordance with the terms of such lease. All spectrum leasing arrangements leases\n entered into after January 10, 2005, pursuant to the rules set forth in part 1 and part 27 of this chapter\n must comply with the rules in those parts.\n\n§ 27.1216 Grandfathered E and F group EBS licenses.\n (a) Except as noted in paragraph (b) of this section, grandfathered EBS licensees authorized to operate E and\n F group co-channel licenses are granted a geographic service area (GSA) on July 19, 2006. The GSA is the\n area bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, and\n is bounded by the chord(s) drawn between intersection points of that circle and those of respective\n adjacent market, co-channel licensees.\n\n (b) If there is more than 50 percent overlap between the calculated GSA of a grandfathered EBS license and\n the protected service area of a co-channel BRS license, the licensees shall not be immediately granted a\n geographic service area. Instead, the grandfathered EBS license and the co-channel BRS licensee must\n negotiate in good faith to reach a solution that accommodates the communication needs of both\n licensees. If the co-channel licensees reach a mutually agreeable solution on or before October 17, 2006,\n then the GSA of each co-channel license shall be as determined pursuant to the agreement of the parties.\n\n47 CFR 27.1216(b) (enhanced display) page 203 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1217\nMiscellaneous Wireless Communications Services\n\n\n If a mutually agreeable solution between co-channel licensees is not reached on or before October 17,\n 2006, then each co-channel licensee shall receive a GSA determined pursuant to paragraph (a) of this\n section and § 27.1206(a).\n\n[71 FR 35191, June 16, 2006]\n\n\n§ 27.1217 Competitive bidding procedures for the Broadband Radio Service and the Educational\nBroadband Service.\nMutually exclusive initial applications for BRS and EBS licenses are subject to competitive bidding. For BRS\nauctions, the designated entity provisions of § 27.1218 apply. For EBS auctions, the designated entity provisions of\n§ 27.1219 apply. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter apply\nunless otherwise provided in this subpart.\n\n[84 FR 57366, Oct. 25, 2019]\n\n\n§ 27.1218 Broadband Radio Service designated entity provisions.\n (a) Eligibility for small business provisions.\n\n (1) A small business is an entity that, together with all attributed parties, has average gross revenues\n that are not more than $40 million for the preceding three years.\n\n (2) A very small business is an entity that, together with all attributed parties, has average gross\n revenues that are not more than $15 million for the preceding three years.\n\n (3) An entrepreneur is an entity that, together with all attributed parties, has average gross revenues that\n are not more than $3 million for the preceding three years.\n\n (b) Bidding credits.\n\n (1) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of\n small businesses, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this\n chapter, to lower the cost of its winning bid on any of the licenses in this subpart.\n\n (2) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of\n very small businesses, may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of\n this chapter, to lower the cost of its winning bid on any of the licenses in this subpart.\n\n (3) A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of\n entrepreneurs, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i) of this\n chapter, to lower the cost of its winning bid on any of the licenses in this subpart.\n\n[73 FR 26041, May 8, 2008]\n\n\n§ 27.1219 Educational Broadband Service designated entity provisions.\n (a) Eligibility for small business provisions.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates\n of its controlling interests, has average gross revenues that are not more than $55 million for the\n preceding five (5) years.\n\n47 CFR 27.1219(a)(1) (enhanced display) page 204 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1219(a)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests and the\n affiliates of its controlling interests, has average gross revenues that are not more than $20 million\n for the preceding five (5) years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a\n consortium of small businesses may use a bidding credit of 15 percent, as specified in §\n 1.2110(f)(2)(i)(C) of this chapter. A winning bidder that qualifies as a very small business, as defined in\n this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified\n in § 1.2110(f)(2)(i)(B) of this chapter.\n\n (c) Rural service provider credit. A rural service provider, as defined in § 1.2110(f)(4) of this chapter, who has\n not claimed a small business bidding credit may use a bidding credit of 15 percent bidding credit, as\n specified in § 1.2110(f)(4)(i) of this chapter.\n\n[84 FR 57366, Oct. 25, 2019; 84 FR 64209, Nov. 21, 2019]\n\n\n TECHNICAL STANDARDS\n\n§ 27.1220 Transmission standards.\nThe width of a channel in the LBS and UBS is 5.5 MHz, with the exception of BRS channels 1 and 2 which are 6.0\nMHz. The width of all channels in the MBS is 6 MHz. However, the licensee may subchannelize its authorized\nbandwidth, provided that digital modulation is employed and the aggregate power does not exceed the authorized\npower for the channel. The licensee may also, jointly with other licensees, transmit utilizing bandwidth in excess of\nits authorized bandwidth, provided that digital modulation is employed, all power spectral density requirements set\nforth in this part are met and the out-of-band emissions restrictions set forth in § 27.53 are met at the edges of the\nchannels employed.\n\n§ 27.1221 Interference protection.\n (a) Interference protection will be afforded to BRS and EBS on a station-by-station basis based on the heights\n of the stations in the LBS and UBS and also on height benchmarking, although the heights of antennas\n utilized are not restricted.\n\n (b) Height benchmarking. Height benchmarking is defined for pairs of base stations, one in each of two\n proximate geographic service areas (GSAs). The height benchmark, which is defined in meters (hbm) for a\n particular base station relative to a base station in another GSA, is equal to the distance, in kilometers,\n from the base station along a radial to the nearest point on the GSA boundary of the other base station\n squared (Dkm2) and then divided by 17. That is, hb (m) = Dkm2/17. A base station antenna will be\n considered to be within its applicable height benchmark relative to another base station if the height in\n meters of its centerline of radiation above average elevation (HAAE) calculated along the straight line\n between the two base stations in accordance with § 24.53(b) and (c) of this chapter does not exceed the\n height benchmark (hbm). A base station antenna will be considered to exceed its applicable height\n benchmark relative to another base station if the HAAE of its centerline of radiation calculated along the\n straight line between the two base stations in accordance with § 24.53(b) and (c) of this chapter exceeds\n the height benchmark (hbm).\n\n (c) Protection for receiving antennas not exceeding the height benchmark. Absent agreement between the\n two licensees to the contrary, if a transmitting antenna of one BRS/EBS licensee's base station exceeds\n its applicable height benchmark and such licensee is notified by another BRS/EBS licensee that it is\n\n47 CFR 27.1221(c) (enhanced display) page 205 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1221(c)(i)\nMiscellaneous Wireless Communications Services\n\n\n generating an undesired signal level in excess of −107 dBm/5.5 megahertz at the receiver of a co-channel\n base station that is within its applicable height benchmark, then the licensee of the base station that\n exceeds its applicable height benchmark shall either limit the undesired signal at the receiver of the\n protected base station to −107dBm/5.5 megahertz or less or reduce the height of its transmission\n antenna to no more than the height benchmark. If the interfering base station has been modified to\n increase the EIRP transmitted in the direction of the protected base station, it shall be deemed to have\n commenced operations on the date of such modification. Such corrective action shall be completed no\n later than:\n\n (i) 24 hours after receiving such notification, if the base station that exceeds its height benchmark\n commenced operations after the station that is within its applicable height benchmark; or\n\n (ii) 90 days after receiving such notification, if the base station that exceeds its height commenced\n operations prior to the station that is within its applicable height benchmark. For purposes of this\n section, if the interfering base station has been modified to increase the EIRP transmitted in the\n direction of the victim base station, it shall be deemed to have commenced operations on the date of\n such modification.\n\n (d) No Protection from a transmitting antenna not exceeding the height benchmark. The licensee of a base\n station transmitting antenna less than or equal to its applicable height benchmark shall not be required\n pursuant to paragraph (c) of this section to limit that antennas undesired signal level to −107dBm/5.5\n megahertz or less at the receiver of any co-channel base station.\n\n (e) No protection for a receiving-antenna exceeding the height benchmark. The licensee of a base station\n receive antenna that exceeds its applicable height benchmark shall not be entitled pursuant to paragraph\n (c) of this section to insist that any co-channel base station limit its undesired signal level to −107dBm/\n 5.5 megahertz or less at the receiver.\n\n (f) Information exchange. A BRS/EBS licensee shall provide the geographic coordinates, the height above\n ground level of the center of radiation for each transmit and receive antenna, and the date transmissions\n commenced for each of the base stations in its GSA within 30 days of receipt of a request from a co-\n channel BRS/EBS licensee with an operational base station located in a proximate GSA. Information\n shared pursuant to this section shall not be disclosed to other parties except as required to ensure\n compliance with this section.\n\n[69 FR 72034, Dec. 10, 2004, as amended at 70 FR 1190, Jan. 6, 2005; 71 FR 35191, June 19, 2006; 73 FR 26041, May 8, 2008]\n\n\n§ 27.1222 Operations in the 2568–2572 and 2614–2618 bands.\nAll operations in the 2568–2572 and 2614–2618 MHz bands shall be secondary to adjacent-channel operations.\nStations operating in the 2568–2572 and 2614–2618 MHz must not cause interference to licensees in operation in\nthe LBS, MBS, and UBS and must accept any interference from any station operating in the LBS, MBS, and UBS in\ncompliance with the rules established in this subpart. Stations operating in the 2568–2572 and 2614–2618 bands\nmay cause interference to stations in operation in the LBS, MBS, and UBS if the affected licensees consent to such\ninterference.\n\n RELOCATION PROCEDURES FOR THE 2150–2160/62 MHZ BAND\n\nSource: Sections 27.1250 through 27.1255 appear at 71 FR 29840, May 24, 2006, unless otherwise noted.\n\n\n47 CFR 27.1222 (enhanced display) page 206 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1250\nMiscellaneous Wireless Communications Services\n\n\n\n\n§ 27.1250 Transition of the 2150–2160/62 MHz band from the Broadband Radio Service to the\nAdvanced Wireless Service.\nThe 2150–2160/62 MHz band has been allocated for use by the Advanced Wireless Service (AWS). The rules in this\nsection provide for a transition period during which AWS licensees may relocate existing Broadband Radio Service\n(BRS) licensees using these frequencies to their assigned frequencies in the 2496–2690 MHz band or other media.\n\n (a) AWS licensees and BRS licensees shall engage in mandatory negotiations for the purpose of agreeing to\n terms under which the BRS licensees would:\n\n (1) Relocate their operations to other frequency bands or other media; or alternatively\n\n (2) Accept a sharing arrangement with the AWS licensee that may result in an otherwise impermissible\n level of interference to the BRS operations.\n\n (b) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate\n involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate,\n provided that the AWS licensee meets the conditions of § 27.1252.\n\n (c) Relocation of BRS licensees by AWS licensees will be subject to a three-year mandatory negotiation\n period. BRS licensees may suspend the running of the three-year negotiation period for up to one year if\n the BRS licensee cannot be relocated to comparable facilities at the time the AWS licensee seeks entry\n into the band.\n\n§ 27.1251 Mandatory negotiations.\n (a) Once mandatory negotiations have begun, a BRS licensee may not refuse to negotiate and all parties are\n required to negotiate in good faith. Good faith requires each party to provide information to the other that\n is reasonably necessary to facilitate the relocation process. The BRS licensee is required to cooperate\n with an AWS licensee's request to provide access to the facilities to be relocated, other than the BRS\n customer location, so that an independent third party can examine the BRS system and prepare an\n appraisal of the costs to relocate the incumbent. In evaluating claims that a party has not negotiated in\n good faith, the FCC will consider, inter alia, the following factors:\n\n (1) Whether the AWS licensee has made a bona fide offer to relocate the BRS licensee to comparable\n facilities in accordance with § 27.1252(b);\n\n (2) If the BRS licensee has demanded a premium, the type of premium requested (e.g., whether the\n premium is directly related to relocation, such as analog-to-digital conversions, versus other types of\n premiums), and whether the value of the premium as compared to the cost of providing comparable\n facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two);\n\n (3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities;\n\n (4) Whether either party has withheld information requested by the other party that is necessary to\n estimate relocation costs or to facilitate the relocation process.\n\n (b) Any party alleging a violation of our good faith requirement must attach an independent estimate of the\n relocation costs in question to any documentation filed with the Commission in support of its claim. An\n independent cost estimate must include a specification for the comparable facility and a statement of the\n costs associated with providing that facility to the incumbent licensee.\n\n47 CFR 27.1251(b) (enhanced display) page 207 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1251(c)\nMiscellaneous Wireless Communications Services\n\n\n (c) Mandatory negotiations will commence for each BRS licensee when the AWS licensee informs the BRS\n licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of\n providing the BRS licensee with comparable facilities, defined as facilities possessing the following\n characteristics:\n\n (1) Throughput. Communications throughput is the amount of information transferred within a system in\n a given amount of time. System is defined as a base station and all end user units served by that\n base station. If analog facilities are being replaced with analog, comparable facilities may provide a\n comparable number of channels. If digital facilities are being replaced with digital, comparable\n facilities provide equivalent data loading bits per second (bps).\n\n (2) Reliability. System reliability is the degree to which information is transferred accurately within a\n system. Comparable facilities provide reliability equal to the overall reliability of the BRS system. For\n digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a\n desired value, and for analog or digital video transmission, it is measured by whether the end-to-end\n transmission delay is within the required delay bound. If an analog system is replaced with a digital\n system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its\n reliability will be considered in determining comparable reliability.\n\n (3) Operating Costs. Operating costs are the cost to operate and maintain the BRS system. AWS\n licensees would compensate BRS licensees for any increased recurring costs associated with the\n replacement facilities (e.g., additional rental payments, and increased utility fees) for five years after\n relocation. AWS licensees could satisfy this obligation by making a lump-sum payment based on\n present value using current interest rates. Additionally, the maintenance costs to the BRS licensee\n would be equivalent to the replaced system in order for the replacement system to be comparable.\n\n (d) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station\n that is being relocated. If a lessee is operating under a BRS license, the BRS licensee may rely on the\n throughput, reliability, and operating costs of facilities in use by a lessee in negotiating comparable\n facilities and may include the lessee in negotiations.\n\n§ 27.1252 Involuntary relocation procedures.\n (a) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate\n involuntary relocation procedures under the Commission's rules. AWS licensees are obligated to pay to\n relocate BRS systems to which the AWS system poses an interference problem. Under involuntary\n relocation, the BRS licensee is required to relocate, provided that the AWS licensee:\n\n (1) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as\n well as any legitimate and prudent transaction expenses incurred by the BRS licensee that are\n directly attributable to an involuntary relocation, subject to a cap of two percent of the “hard” costs\n involved. Hard costs are defined as the actual costs associated with providing a replacement\n system, such as equipment and engineering expenses. There is no cap on the actual costs of\n relocation. AWS licensees are not required to pay BRS licensees for internal resources devoted to the\n relocation process. AWS licensees are not required to pay for transaction costs incurred by BRS\n licensees during the mandatory period once the involuntary period is initiated, or for fees that cannot\n be legitimately tied to the provision of comparable facilities; and\n\n (2) Completes all activities necessary for implementing the replacement facilities, including engineering\n and cost analysis of the relocation procedure and, if radio facilities are used, identifying and\n obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination.\n\n47 CFR 27.1252(a)(2) (enhanced display) page 208 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1252(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation\n must be at least equivalent to the existing BRS system with respect to the following three factors:\n\n (1) Throughput. Communications throughput is the amount of information transferred within a system in\n a given amount of time. System is defined as a base station and all end user units served by that\n base station. If analog facilities are being replaced with analog, the AWS licensee is required to\n provide the BRS licensee with a comparable number of channels. If digital facilities are being\n replaced with digital, the AWS licensee must provide the BRS licensee with equivalent data loading\n bits per second (bps). AWS licensees must provide BRS licensees with enough throughput to satisfy\n the BRS licensee's system use at the time of relocation, not match the total capacity of the BRS\n system.\n\n (2) Reliability. System reliability is the degree to which information is transferred accurately within a\n system. AWS licensees must provide BRS licensees with reliability equal to the overall reliability of\n their system. For digital data systems, reliability is measured by the percent of time the bit error rate\n (BER) exceeds a desired value, and for analog or digital video transmissions, it is measured by\n whether the end-to-end transmission delay is within the required delay bound.\n\n (3) Operating costs. Operating costs are the cost to operate and maintain the BRS system. AWS\n licensees must compensate BRS licensees for any increased recurring costs associated with the\n replacement facilities (e.g., additional rental payments, increased utility fees) for five years after\n relocation. AWS licensees may satisfy this obligation by making a lump-sum payment based on\n present value using current interest rates. Additionally, the maintenance costs to the BRS licensee\n must be equivalent to the replaced system in order for the replacement system to be considered\n comparable.\n\n (c) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station\n that is being relocated. If a lessee is operating under a BRS license, the AWS licensee shall on the\n throughput, reliability, and operating costs of facilities in use by a lessee at the time of relocation in\n determining comparable facilities for involuntary relocation purposes.\n\n (d) Twelve-month trial period. If, within one year after the relocation to new facilities, the BRS licensee\n demonstrates that the new facilities are not comparable to the former facilities, the AWS licensee must\n remedy the defects or pay to relocate the BRS licensee to one of the following: Its former or equivalent 2\n GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies\n the requirements specified in paragraph (b) of this section. This trial period commences on the date that\n the BRS licensee begins full operation of the replacement system. If the BRS licensee has retained its 2\n GHz authorization during the trial period, it must return the license to the Commission at the end of the\n twelve months.\n\n§ 27.1253 Sunset provisions.\n (a) BRS licensees will maintain primary status in the 2150–2160/62 MHz band unless and until an AWS\n licensee requires use of the spectrum. AWS licensees are not required to pay relocation costs after the\n relocation rules sunset (i.e. fifteen years from the date the first AWS license is issued in the band). Once\n the relocation rules sunset, an AWS licensee may require the incumbent to cease operations, provided\n that the AWS licensee intends to turn on a system within interference range of the incumbent, as\n determined by § 27.1255. AWS licensee notification to the affected BRS licensee must be in writing and\n must provide the incumbent with no less than six months to vacate the spectrum. After the six-month\n\n\n\n47 CFR 27.1253(a) (enhanced display) page 209 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1253(b)\nMiscellaneous Wireless Communications Services\n\n\n notice period has expired, the BRS licensee must turn its license back into the Commission, unless the\n parties have entered into an agreement which allows the BRS licensee to continue to operate on a\n mutually agreed upon basis.\n\n (b) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be\n accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the\n incumbent can demonstrate that:\n\n (1) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other\n reasonable option is available); and\n\n (2) The public interest would be harmed if the incumbent is forced to terminate operations.\n\n§ 27.1254 Eligibility.\n (a) BRS licensees with primary status in the 2150–2162 MHz band as of June 23, 2006, will be eligible for\n relocation insofar as they have facilities that are constructed and in use as of this date.\n\n (b) Future licensing and modifications. After June 23, 2006, all major modifications to existing BRS systems in\n use in the 2150–2160/62 MHz band will be authorized on a secondary basis to AWS systems, unless the\n incumbent affirmatively justifies primary status and the incumbent BRS licensee establishes that the\n modification would not add to the relocation costs of AWS licensees. Major modifications include the\n following:\n\n (1) Additions of new transmit sites or base stations made after June 23, 2006;\n\n (2) Changes to existing facilities made after June 23, 2006, that would increase the size or coverage of\n the service area, or interference potential, and that would also increase the throughput of an existing\n system (e.g., sector splits in the antenna system). Modifications to fully utilize the existing\n throughput of existing facilities (e.g., to add customers) will not be considered major modifications\n even if such changes increase the size or coverage of the service area, or interference potential.\n\n§ 27.1255 Relocation criteria for Broadband Radio Service licensees in the 2150–2160/62 MHz\nband.\n (a) An AWS licensee in the 2150–2160/62 MHz band, prior to initiating operations from any base or fixed\n station that is co-channel to the 2150–2160/62 MHz band, must relocate any incumbent BRS system that\n is within the line of sight of the AWS licensee's base or fixed station. For purposes of this section, a\n determination of whether an AWS facility is within the line of sight of a BRS system will be made as\n follows:\n\n (1) For a BRS system using the 2150–2160/62 MHz band exclusively to provide one-way transmissions\n to subscribers, the AWS licensee will determine whether there is an unobstructed signal path (line of\n sight) to the incumbent licensee's geographic service area (GSA), based on the following criteria: use\n of 9.1 meters (30 feet) for the receiving antenna height, use of the actual transmitting antenna height\n and terrain elevation, and assumption of 4/3 Earth radius propagation conditions. Terrain elevation\n data must be obtained from the U.S. Geological Survey (USGS) 3-second database. All coordinates\n used in carrying out the required analysis shall be based upon use of NAD–83.\n\n (2) For all other BRS systems using the 2150–2160/62 MHz band, the AWS licensee will determine\n whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive\n station hub using the method prescribed in “Methods for Predicting Interference from Response\n Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station\n\n47 CFR 27.1255(a)(2) (enhanced display) page 210 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1255(b)\nMiscellaneous Wireless Communications Services\n\n\n Systems. MM Docket 97–217,” in Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution\n Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way\n Transmissions, MM Docket No. 97–217, Report and Order on Further Reconsideration and Further\n Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D.\n\n (b) Any AWS licensee in the 2110–2180 MHz band that causes actual and demonstrable interference to a\n BRS licensee in the 2150–2160/62 MHz band must take steps to eliminate the harmful interference, up to\n and including relocation of the BRS licensee, regardless of whether it would be required to do so under\n paragraph (a), of this section.\n\nSubpart N—600 MHz Band\n\nSource: 79 FR 48539, Aug. 15, 2014, unless otherwise noted.\n\n COMPETITIVE BIDDING PROVISIONS\n\n§ 27.1300 600 MHz band subject to competitive bidding.\nAs required by section 6403(c) of the Spectrum Act, applications for 600 MHz band initial licenses are subject to\ncompetitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply\nunless otherwise provided in this subpart.\n\n§ 27.1301 Designated entities in the 600 MHz band.\n (a) Small business.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates\n of its controlling interests, has average gross revenues not exceeding $55 million for the preceding\n three (3) years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests, and the\n affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the\n preceding three\n\n (3) years.\n\n (b) Eligible rural service provider. For purposes of this section, an eligible rural service provider is an entity\n that meets the criteria specified in § 1.2110(f)(4) of this chapter.\n\n (c) Bidding credits.\n\n (1) A winning bidder that qualifies as a small business as defined in this section or a consortium of\n small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(C) of this chapter. A\n winning bidder that qualifies as a very small business as defined in this section or a consortium of\n very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(B) of this chapter.\n\n (2) An entity that qualifies as eligible rural service provider or a consortium of rural service providers\n may use the bidding credit specified in § 1.2110(f)(4) of this chapter.\n\n[80 FR 56817, Sept. 18, 2015]\n\n\n PROTECTION OF OTHER SERVICES\n47 CFR 27.1301(c)(2) (enhanced display) page 211 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1310\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1310 Protection of Broadcast Television Service in the 600 MHz band from wireless\noperations.\n\nLink to an amendment published at 89 FR 7243, Feb. 1, 2024.\n\n (a) Licensees authorized to operate wireless services in the 600 MHz band must cause no harmful\n interference to public reception of the signals of broadcast television stations transmitting co-channel or\n on an adjacent channel.\n\n (1) Such wireless operations must comply with the D/U ratios in Table 5 in OET Bulletin No. 74,\n Methodology for Predicting Inter-Service Interference to Broadcast Television from Mobile Wireless\n Broadband Services in the UHF Band ([DATE]) (“OET Bulletin No. 74”). Copies of this document are\n available on the FCC's website. See https://www.fcc.gov/general/oet-bulletins-line.\n\n (2) If a 600 MHz band licensee causes harmful interference within the noise-limited contour or protected\n contour of a broadcast television station that is operating co-channel or on an adjacent channel, the\n 600 MHz band licensee must eliminate the harmful interference.\n\n (b) A licensee authorized to operate wireless services in the 600 MHz downlink band:\n\n (1) Is not permitted to deploy wireless base stations within the noise-limited contour or protected\n contour of a broadcast television station licensed on a co-channel or adjacent channel in the 600\n MHz downlink band;\n\n (2) Is required to perform an interference study using the methodology in OET Bulletin No. 74 before\n deploying or operating wireless base stations within the culling distances specified in Tables 7–12\n of OET Bulletin No. 74 from the noise-limited contour or protected contour of such a broadcast\n television station;\n\n (3) Is required to perform an interference study using the methodology in OET Bulletin No. 74 when\n modifying a base station within the culling distances in Tables 7–12 of OET Bulletin 74 that results in\n an increase in energy in the direction of co-channel or adjacent channel broadcast television station's\n contours;\n\n (4) Is required to maintain records of the latest OET Bulletin No. 74 study for each base station and make\n them available for inspection to the Commission and, upon a claim of harmful interference, to the\n requesting broadcasting television station.\n\n (c) A licensee authorized to operate wireless services in the 600 MHz uplink band must limit its service area\n so that mobile and portable devices do not transmit:\n\n (1) Co-channel or adjacent channel to a broadcast television station within that station's noise-limited\n contour or protected contour;\n\n (2) Co-channel to a broadcast television station within five kilometers of that station's noise-limited\n contour or protected contour; and\n\n (3) Adjacent channel to a broadcast television station within 500 meters of that station's noise-limited\n contour or protected contour.\n\n (d) For purposes of this section, the following definitions apply:\n\n (1) Broadcast television station is defined pursuant to § 73.3700(a)(1) of this chapter;\n\n47 CFR 27.1310(d)(1) (enhanced display) page 212 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1310(d)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) Noise-limited contour is defined to be the full power station's noise-limited contour pursuant to §\n 73.622(e);\n\n (3) Protected contour is defined to be a Class A television station's protected contour as specified in\n section 73.6010;\n\n (4) Co-channel operations in the 600 MHz band are defined as operations of broadcast television\n stations and wireless services where their assigned channels or frequencies spectrally overlap;\n\n (5) Adjacent channel operations are defined as operations of broadcast television stations and wireless\n services where their assigned channels or frequencies spectrally abut each other or are separated by\n up to 5 MHz.\n\n[80 FR 71743, Nov. 17, 2015, as amended at 85 FR 64407, Oct. 13, 2020]\n\n\n COORDINATION/NOTIFICATION REQUIREMENTS\n\n§ 27.1320 Notification to white space database administrators.\nTo receive interference protection, 600 MHz licensees shall notify one of the white space database administrators\nof the areas where they have commenced operation pursuant to §§ 15.713(j)(10) and 15.715(n) of this chapter.\n\n[80 FR 73085, Nov. 23, 2015]\n\n\n§ 27.1321 Requirements for operation of base and fixed stations in the 600 MHz downlink band\nin close proximity to Radio Astronomy Observatories.\n (a) Licensees must make reasonable efforts to protect the radio astronomy observatory at Green Bank, WV,\n Arecibo, PR, and those identified in § 15.712(h)(3) of this chapter as part of the Very Long Baseline Array\n (VLBA) from interference.\n\n (b) 600 MHz band base and fixed stations in the 600 MHz downlink band within 25 kilometers of VLBA\n observatories are subject to coordination with the National Science Foundation (NSF) prior to\n commencing operations. The appropriate NSF contact point to initiate coordination is: Division of\n Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue,\n Alexandria, VA 22314; Email: esm@nsf.gov.\n\n (c) Any licensee that intends to operate base and fixed stations in the 600 MHz downlink band in locations\n near the Radio Astronomy Observatory site located in Green Bank, Pocahontas County, West Virginia, or\n near the Arecibo Observatory in Puerto Rico, must comply with the provisions in § 1.924 of this chapter.\n\n[79 FR 48538, Aug. 15, 2014. Redesignated at 81 FR 4975, Jan. 29, 2016; 85 FR 38740, June 26, 2020]\n\n\nSubpart O—3.7 GHz Service (3700–3980 MHz)\n\nSource: 85 FR 22882, Apr. 23, 2020, unless otherwise noted.\n\n\n\n\n47 CFR 27.1321(c) (enhanced display) page 213 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1401\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1401 Licenses in the 3.7 GHz Service are subject to competitive bidding.\nMutually exclusive initial applications for licenses in the 3.7 GHz Service are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in 47 CFR part 1, subpart Q, will apply unless otherwise provided in\nthis subpart.\n\n§ 27.1402 Designated entities in the 3.7 GHz Service.\n (a) Eligibility for small business provisions —\n\n (1) Definitions —\n\n (i) Small business. A small business is an entity that, together with its affiliates, its controlling\n interests, and the affiliates of its controlling interests, has average gross revenues not\n exceeding $55 million for the preceding five (5) years.\n\n (ii) Very small business. A very small business is an entity that, together with its affiliates, its\n controlling interests, and the affiliates of its controlling interests, has average gross revenues\n not exceeding $20 million for the preceding five (5) years.\n\n (2) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a\n consortium of such small businesses as provided in § 1.2110(c)(6) of this chapter, may use a\n bidding credit of 15 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter. A\n winning bidder that qualifies as a very small business, as defined in this section, or a consortium of\n such very small businesses as provided in § 1.2110(c)(6) of this chapter, may use a bidding credit of\n 25 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter.\n\n (b) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of\n this chapter, that has not claimed a small business bidding credit may use the bidding credit of 15 percent\n specified in § 1.2110(f)(4) of this chapter.\n\n§ 27.1411 Transition of the 3700–3980 MHz band to the 3.7 GHz Service.\n (a) Transition of the 3700–3798 MHz Band. The 3700–3980 MHz band is being transitioned in the lower 48\n contiguous states and the District of Columbia from geostationary satellite orbit (GSO) fixed-satellite\n service (space-to-Earth) and fixed service operations to the 3.7 GHz Service.\n\n (b) Definitions —\n\n (1) Incumbent space station operator. An incumbent space station operator is defined as a space station\n operator authorized to provide C-band service to any part of the contiguous United States pursuant\n to an FCC-issued license or grant of market access as of June 21, 2018.\n\n (2) Eligible space station operator. For purposes of determining eligibility to receive reimbursement for\n relocation costs incurred as a result of the transition of FSS operations to the 4000–4200 MHz band,\n an eligible space station operators may receive reimbursement for relocation costs incurred as a\n result of the transition of FSS operations to the 4000–4200 MHz band. An eligible space station\n operator is defined as an incumbent space station operator that has demonstrated as of February 1,\n 2020, that it has an existing relationship to provide service via C-band satellite transmission to one\n or more incumbent earth stations in the contiguous United States. Such existing relationships may\n be directly with the incumbent earth station, or indirectly through content distributors or other\n entities, so long as the relationship requires the provision of C-band satellite services to one or more\n specific incumbent earth stations in the contiguous United States.\n\n47 CFR 27.1411(b)(2) (enhanced display) page 214 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1411(b)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) Incumbent earth station. An incumbent earth station for this subpart is defined as an earth station\n that is entitled to interference protection pursuant to § 25.138(c) of this chapter. An incumbent earth\n station must transition above 4000 MHz pursuant to this subpart. An incumbent earth station will be\n able to continue receiving uninterrupted service both during and after the transition.\n\n (4) Earth station migration. Earth station migration includes any necessary changes that allow the\n uninterrupted reception of service by an incumbent earth station on new frequencies in the upper\n portion of the band, including, but not limited to retuning and repointing antennas, “dual illumination”\n during which the same programming is simultaneously downlinked over the original and new\n frequencies, and the installation of new equipment or software at earth station uplink and/or\n downlink locations for customers identified for technology upgrades necessary to facilitate the\n repack, such as compression technology or modulation.\n\n (5) Earth station filtering. A passband filter must be installed at the site of each incumbent earth station\n at the same time or after it has been migrated to new frequencies to block signals from adjacent\n channels and to prevent harmful interference from licensees in the 3.7 GHz Service. Earth station\n filtering can occur either simultaneously with, or after, the earth station migration, or can occur at\n any point after the earth station migration so long as all affected earth stations in a given Partial\n Economic Area and surrounding areas are filtered prior to a licensee in the 3.7 GHz Service\n commencing operations.\n\n (6) Contiguous United States (CONUS). For the purposes of the rules established in this subpart,\n contiguous United States consists of the contiguous 48 states and the District of Columbia as\n defined by Partial Economic Areas Nos. 1–41, 43–211, 213–263, 265–297, 299–359, and 361–411,\n which includes areas within 12 nautical miles of the U.S. Gulf coastline (see § 27.6(m)). In this\n context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau,\n Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of\n Mexico PEAs.\n\n (7) Relocation Payment Clearinghouse. A Relocation Payment Clearinghouse is a neutral, independent\n third-party to administer the cost management for the transition of the 3700–4000 MHz band from\n the Fixed Satellite Service and Fixed Service to the 3.7 GHz Service.\n\n (8) Relocation Coordinator. A Relocation Coordinator is a third party that will ensure that all incumbent\n space station operators are relocating in a timely matter, and that is selected consistent with §\n 27.1413. The Relocation Coordinator will have technical experience in understanding and working on\n earth stations and will manage the migration and filtering of incumbent earth stations of eligible\n space station operators that decline accelerated relocation payment.\n\n§ 27.1412 Transition Plan.\n (a) Relocation deadlines. Eligible space station operators are responsible for all necessary actions to clear\n their transponders from the 3700–4000 MHz band (e.g., launching new satellites, reprogramming\n transponders, exchanging customers) and to migrate the existing services of incumbent earth stations in\n CONUS to the 4000–4200 MHz band (unless the incumbent earth station opts out of the formal\n relocation process, per paragraph (e) of this section), as of December 5, 2025. Eligible space station\n operators that fail to do so will be in violation of the conditions of their license authorization and\n potentially subject to forfeitures and other sanctions.\n\n (b) Accelerated relocation deadlines. An eligible space station operator shall qualify for accelerated relocation\n payments by completing an early transition of the band to the 3.7 GHz Service.\n\n47 CFR 27.1412(b) (enhanced display) page 215 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1412(b)(1)\nMiscellaneous Wireless Communications Services\n\n\n (1) Phase I deadline. An eligible space station operator shall receive an accelerated relocation payment\n if it clears its transponders from the 3700–3820 MHz band and migrates all associated incumbent\n earth stations in CONUS above 3820 MHz no later than December 5, 2021 (Phase I deadline). To\n satisfy the Phase I deadline, an eligible space station operator must also provide passband filters to\n block signals from the 3700–3820 MHz band on all associated incumbent earth stations in PEAs\n 1–4, 6–10, 12–19, 21–41, and 43–50 no later than December 5, 2021 (see § 27.6(m)). If an eligible\n space station operator receives an accelerated relocation payment for meeting this deadline, it must\n also satisfy the second early clearing deadline of December 5, 2023.\n\n (2) Phase II deadline. An eligible space station operator shall receive an accelerated relocation payment\n if it clears its transponders from the 3700–4000 MHz band and migrates incumbent earth stations in\n CONUS above 4000 MHz no later than December 5, 2023 (Phase II deadline). To satisfy the Phase II\n deadline, an eligible space station operator must also provide passband filters on all associated\n incumbent earth stations in CONUS no later than December 5, 2023.\n\n (3) Transition delays. An eligible space station operator shall not be held responsible for circumstances\n beyond their control related to earth station migration or filtering.\n\n (i) An eligible space station operator must submit a notice of any incumbent earth station\n transition delays to the Wireless Telecommunications Bureau within 7 days of discovering an\n inability to accomplish the assigned earth station transition task. Such a request must include\n supporting documentation to allow for resolution as soon as practicable and must be\n submitted before the accelerated relocation deadlines.\n\n (ii) [Reserved]\n\n (4) Responsibility for meeting accelerated relocation deadlines. An eligible space station operator's\n satisfaction of the accelerated relocation deadlines shall be determined on an individual basis.\n\n (c) Accelerated relocation election. An eligible space station operator may elect to receive accelerated\n relocation payments to transition the 3700–4000 MHz band to the 3.7 GHz Service according to the\n Phase I and Phase II deadlines via a written commitment by filing an accelerated relocation election in GN\n Docket No. 18–122 no later than May 29, 2020.\n\n (1) The Wireless Telecommunications Bureau will prescribe the precise form of such election via Public\n Notice no later than May 12, 2020.\n\n (2) Each eligible space station operator that that makes an accelerated relocation election will be\n required, as part of its filing of this accelerated relocation election, to commit to paying the\n administrative costs of the Clearinghouse until the Commission awards licenses to the winning\n bidders in the auction, at which time those administrative costs will be repaid to those space station\n operators.\n\n (d) Transition Plan. Eligible space station operators must file with the Commission in GN Docket No. 18–122\n no later than June 12, 2020, a Transition Plan that describes the actions that must be taken to clear\n transponders on space stations and to migrate and filter earth stations. Eligible space station operators\n must make any necessary updates or resolve any deficiencies in their individual Transition Plans by\n August 14, 2020.\n\n (1) The Transition Plan must detail the eligible space station operator's individual timeline and\n necessary actions for clearing its transponders from the 3700–4000 MHz band, including:\n\n\n\n47 CFR 27.1412(d)(1) (enhanced display) page 216 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1412(d)(1)(i)\nMiscellaneous Wireless Communications Services\n\n\n (i) All existing space stations with operations that will need to be transitioned to operations above\n 4000 MHz;\n\n (ii) The number of new satellites, if any, that the space station operator will need to launch in order\n to maintain sufficient capacity post-transition, including detailed descriptions of why such new\n satellites are necessary;\n\n (iii) The specific grooming plan for migrating existing services above 4000 MHz, including the pre-\n and post-transition frequencies that each customer will occupy;\n\n (iv) Any necessary technology upgrades or other solutions, such as video compression or\n modulation, that the space station operator intends to implement;\n\n (v) The number and location of incumbent earth stations antennas currently receiving the space\n station operator's transmissions that will need to be transitioned above 4000 MHz;\n\n (vi) An estimate of the number and location of incumbent earth station antennas that will require\n retuning and/or repointing in order to receive content on new transponder frequencies post-\n transition; and\n\n (vii) The specific timeline by which the space station operator will implement the actions described\n in its plan including any commitments to satisfy an early clearing.\n\n (2) To the extent that incumbent earth stations are not accounted for in eligible space station operators'\n Transition Plans, the Relocation Coordinator must prepare an Earth Station Transition Plan for such\n incumbent earth stations and may require each associated space station operator to file the\n information needed for such a plan with the Relocation Coordinator.\n\n (i) Where space station operators do not elect to clear by the accelerated relocation deadlines and\n therefore are not responsible for earth station relocation, the Earth Station Transition Plan must\n provide timelines that ensure all earth station relocation is completed no later than the\n relocation deadline.\n\n (ii) The Relocation Coordinator will describe and recommend the respective responsibility of each\n party for earth station migration and filtering obligations in the Earth Station Transition Plan\n and assist incumbent earth stations in transitioning including, for example, by installing filters\n or hiring a third party to install such filters to the extent necessary.\n\n (e) Incumbent earth station opt-out. An incumbent earth station within the contiguous United States may opt\n out of the formal relocation process and accept a lump sum payment equal to the estimated reasonable\n transition costs of earth station migration and filtering, as determined by the Wireless\n Telecommunications Bureau, in lieu of actual relocation costs. Such an incumbent earth station is\n responsible for coordinating with the relevant space station operator as necessary and performing all\n relocation actions on its own, including switching to alternative transmission mechanisms such as fiber,\n and it will not receive further reimbursement for any costs exceeding the lump sum payment. An\n incumbent earth station electing to opt out must inform the appropriate space station operator(s) and the\n Relocation Coordinator that earth station migration and filtering will not be necessary for the relevant\n earth station site and must coordinate with operators to avoid any disruption of video and radio\n programming.\n\n (f) Space station status reports. On a quarterly basis, beginning December 31, 2020: Each eligible space\n station operator must provide a status report of its clearing efforts. Eligible space station operators may\n file joint status reports.\n\n47 CFR 27.1412(f) (enhanced display) page 217 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1412(g)\nMiscellaneous Wireless Communications Services\n\n\n (g) Certification of accelerated relocation. Each eligible space station operator must file a timely certification\n that it has completed the necessary clearing actions to satisfy each accelerated relocation deadline. The\n certification must be filed once the eligible space station operator completes its obligations but no later\n than the applicable accelerated relocation deadline. The Wireless Telecommunication Bureau will\n prescribe the form of such certification.\n\n (1) The Bureau, Clearinghouse, and relevant stakeholders will have the opportunity to review the\n certification of accelerated relocation and identify potential deficiencies. The Wireless\n Telecommunications Bureau will prescribe the form of any challenges by relevant stakeholders as to\n the validity of the certification and will establish the process for how such challenges will impact the\n incremental decreases in the accelerated relocation payment as set- forth in § 27.1422(d).\n\n (2) If credible challenges as to the space station operator's satisfaction of the relevant deadline are\n made, the Bureau will issue a public notice identifying such challenges and will render a final\n decision as to the validity of the certification no later than 60 days from its filing. Absent notice from\n the Bureau of any such deficiencies within 30 days of the filing of the certification, the certification of\n accelerated relocation will be deemed validated.\n\n (h) Delegated authority. The Wireless Telecommunications Bureau is delegated the role of providing\n clarifications or interpretations to eligible space station operators of the Commission's orders for all\n aspects of the transition.\n\n§ 27.1413 Relocation Coordinator.\n (a) Search committee. If eligible space station operators elect to receive accelerated relocation payments no\n later than May 29, 2020, so that a supermajority (80%) of accelerated relocation payments are accepted,\n each such electing eligible space station operator shall be eligible to appoint one member to a search\n committee that will seek proposals for a third-party with technical experience in understanding and\n working on earth stations to serve as a Relocation Coordinator and to manage the migration and filtering\n of incumbent earth stations of eligible space station operators that decline accelerated relocation\n payment.\n\n (1) The search committee should proceed by consensus; however, if a vote on selection of a Relocation\n Coordinator is required, it shall be by a supermajority (80%).\n\n (i) The search committee shall notify the Commission of its choice of Relocation Coordinator.\n\n (ii) The Wireless Telecommunications Bureau shall issue a Public Notice inviting comment on\n whether the entity selected satisfies the criteria established in paragraph (b) of this section and\n issue a final order announcing whether the criteria has been satisfied;\n\n (iii) Should the Wireless Telecommunications Bureau be unable to find the criteria have been\n satisfied, the selection process will start over and the search committee will submit a new\n proposed entity.\n\n (2) If eligible space station operators select a Relocation Coordinator, they shall be responsible for\n paying its costs.\n\n (3) In the event that the search committee fails to select a Relocation Coordinator and to notify the\n Commission by July 31, 2020, or in the case that at least 80% of accelerated relocation payments\n are not accepted (and thus accelerated relocation is not triggered):\n\n (i) The search committee will be dissolved without further action by the Commission.\n\n47 CFR 27.1413(a)(3)(i) (enhanced display) page 218 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1413(a)(3)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) The Commission will initiate a procurement of a Relocation Coordinator to facilitate the\n transition. Specifically, the Office of the Managing Director will initiate the procurement, and the\n Wireless Telecommunications Bureau will take all other necessary actions to meet the\n accelerated relocation deadlines (to the extent applicable to any given operator) and the\n relocation deadline.\n\n (iii) In the case that the Wireless Telecommunications Bureau selects the Relocation Coordinator,\n overlay licensees will, collectively, pay for the services of the Relocation Coordinator and staff.\n The Relocation Coordinator shall submit its own reasonable costs to the Relocation\n Clearinghouse, who will then collect payments from overlay licensees. It shall also provide\n additional financial information as requested by the Bureau to satisfy the Commission's\n oversight responsibilities and/or agency specific/government-wide reporting obligations.\n\n (b) Relocation Coordinator criteria. The Relocation Coordinator must be able to demonstrate that it has the\n requisite expertise to perform the duties required, which will include:\n\n (1) Coordinating the schedule for clearing the band;\n\n (2) Performing engineering analysis, as necessary to determine necessary earth station migration\n actions;\n\n (3) Assigning obligations, as necessary, for earth station migrations and filtering;\n\n (4) Coordinating with overlay licensees throughout the transition process;\n\n (5) Assessing the completion of the transition in each PEA and determining overlay licensees' ability to\n commence operations; and\n\n (6) Mediating scheduling disputes.\n\n (c) Relocation Coordinator duties. The Relocation Coordinator shall:\n\n (1) Establish a timeline and take actions necessary to migrate and filter incumbent earth stations to\n ensure uninterrupted service during and following the transition.\n\n (2) Review the Transition Plans filed by all eligible space station operators and recommend any changes\n to those plans to the Commission to the extent needed to ensure a timely transition.\n\n (3) To the extent that incumbent earth stations are not accounted for in eligible space station operators'\n Transition Plans, the Relocation Coordinator must include those incumbent earth stations in an Earth\n Station Transition Plan.\n\n (i) May require each associated space station operator to file the information needed for such a\n plan with the Relocation Coordinator.\n\n (ii) Will describe and recommend the respective responsibility of each party for earth station\n migration obligations in the Earth Station Transition Plan and assist incumbent earth stations in\n transitioning including, for example, by installing filters or hiring a third party to install such\n filters to the extent necessary.\n\n (4) Coordinate its operations with overlay licensees.\n\n\n\n\n47 CFR 27.1413(c)(4) (enhanced display) page 219 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1413(c)(5)\nMiscellaneous Wireless Communications Services\n\n\n (5) Be responsible for receiving notice from earth station operators or other satellite customers of any\n disputes related to comparability of facilities, workmanship, or preservation of service during the\n transition and shall subsequently notify the Wireless Telecommunications Bureau of the dispute and\n provide recommendations for resolution.\n\n (6) Must make real time disclosures of the content and timing of and the parties to communications, if\n any, from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of\n this chapter whenever the prohibition in § 1.2105(c) of this chapter applies to competitive bidding\n for licenses in the 3.7 GHz Service.\n\n (7) Incumbent space station operators must cooperate in good faith with the Relocation Coordinator\n throughout the transition.\n\n (d) Status reports. On a quarterly basis, beginning December 31, 2020, the Relocation Coordinator must\n provide a report on the overall status of clearing efforts.\n\n (e) Document requests. The Wireless Telecommunications Bureau, in consultation with the Office of\n Managing Director, may request any documentation from the Relocation Coordinator necessary to provide\n guidance or carry out oversight.\n\n§ 27.1414 Relocation Payment Clearinghouse.\nA Relocation Payment Clearinghouse shall be selected and serve to administer the cost-related aspects of the\ntransition in a fair, transparent manner, pursuant to Commission rules and oversight, to mitigate financial disputes\namong stakeholders, and to collect and distribute payments in a timely manner for the transition of the 3700–4000\nMHz band to the 3.7 GHz Service.\n\n (a) Selection process.\n\n (1) A search committee will select the Relocation Payment Clearinghouse. The search committee shall\n consist of member appointed by each of following nine entities: ACA Connects, Intelsat, SES,\n Eutelsat S.A., National Association Broadcasters, National Cable Television Association, CTIA,\n Competitive Carriers Association, and WISPA.\n\n (2) The search committee shall convene no later than June 22, 2020 and shall notify the Commission of\n the detailed selection criteria for the position of Relocation Payment Clearinghouse no later than\n June 1, 2020. Such criteria must be consistent with the qualifications, roles, and duties of the\n Relocation Payment Clearinghouse specified in this subpart. The Wireless Telecommunications\n Bureau (Bureau) is directed, on delegated authority, to issue a Public Notice notifying the public that\n the search committee has published criteria, outlining submission requirements, and providing the\n closing dates for the selection of the Relocation Payment Clearinghouse and source (i.e., web page).\n\n (3) The search committee should proceed by consensus; however, if a vote on selection of a Relocation\n Payment Clearinghouse is required, it shall be by a majority.\n\n (4) In the event that the search committee fails to select a Relocation Payment Clearinghouse and to\n notify the Commission by July 31, 2020, the search committee will be dissolved without further\n action by the Commission. In the event that the search committee fails to select a Clearinghouse\n and to notify the Commission by July 31, 2020, two of the nine members of the search committee\n will be dropped therefrom by lot, and the remaining seven members of the search committee shall\n select a Clearinghouse by majority vote by August 14, 2020.\n\n\n\n47 CFR 27.1414(a)(4) (enhanced display) page 220 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1414(a)(5)\nMiscellaneous Wireless Communications Services\n\n\n (5) During the course of the Relocation Payment Clearinghouse's tenure, the Commission will take such\n measures as are necessary to ensure timely compliance, including, should it become necessary,\n issuing subsequent public notices to select new Relocation Payment Clearinghouses(s).\n\n (b) Selection criteria.\n\n (1) The Relocation Payment Clearinghouse must be a neutral, independent entity with no conflicts of\n interest (organizational or personal) on the part of the organization or its officers, directors,\n employees, contractors, or significant subcontractors.\n\n (i) Organizational conflicts of interest means that because of other activities or relationships with\n other entities, the Relocation Payment Clearinghouse, its contractors, or significant\n subcontractors are unable or potentially unable to render impartial services, assistance or\n advice; the Relocation Payment Clearinghouse's objectivity in performing its function is or\n might be otherwise impaired; or the Relocation Payment Clearinghouse might gain an unfair\n competitive advantage.\n\n (ii) Personal conflict of interest means a situation in which an employee, officer, or director of the\n Relocation Payment Clearinghouse, the Relocation Payment Clearinghouse's contractors or\n significant subcontractors has a financial interest, personal activity, or relationship that could\n impair that person's ability to act impartially and in the best interest of the transition when\n performing their assigned role, or is engaged in self-dealing.\n\n (2) The Relocation Payment Clearinghouse must be able to demonstrate that it has the requisite\n expertise to perform the duties required, which will include collecting and distributing relocation and\n accelerated relocation payments, auditing incoming and outgoing estimates, mitigating cost\n disputes among parties, and generally acting as clearinghouse.\n\n (3) The search committee should ensure that the Relocation Payment Clearinghouse meets relevant\n best practices and standards in its operation to ensure an effective and efficient transition. First, the\n Relocation Payment Clearinghouse should be required, in administering the transition, to:\n\n (i) Engage in strategic planning and adopt goals and metrics to evaluate its performance;\n\n (ii) Adopt internal controls for its operations;\n\n (iii) Utilize enterprise risk management practices; and\n\n (iv) Use best practices to protect against improper payments and to prevent fraud, waste and abuse\n in its handling of funds. The Relocation Payment Clearinghouse must be required to create\n written procedures for its operations, using the Government Accountability Office's Green Book\n to serve as a guide in satisfying such requirements.\n\n (4) The search committee must also ensure that the Relocation Payment Clearinghouse adopts robust\n privacy and data security best practices in its operations, given that it will receive and process\n information critical to ensuring a successful and expeditious transition.\n\n (i) When the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in\n the 3.7 GHz service, the Relocation Payment Clearinghouse must make real time disclosures of\n the content and timing of and the parties to communications, if any, from or to applicants to\n participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter.\n\n\n\n\n47 CFR 27.1414(b)(4)(i) (enhanced display) page 221 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1414(b)(4)(ii)\nMiscellaneous Wireless Communications Services\n\n\n (ii) The Relocation Payment Clearinghouse should also comply with, on an ongoing basis, all\n applicable laws and Federal Government guidance on privacy and information security\n requirements such as relevant provisions in the Federal Information Security Management Act,\n National Institute of Standards and Technology publications, and Office of Management and\n Budget guidance.\n\n (iii) The Relocation Payment Clearinghouse must hire a third-party firm to independently audit and\n verify, on an annual basis, the Relocation Payment Clearinghouse's compliance with privacy and\n information security requirements and to provide recommendations based on any audit\n findings; to correct any negative audit findings and adopt any additional practices suggested by\n the auditor; and to report the results to the Bureau.\n\n (c) Reports and information.\n\n (1) The Relocation Payment Clearinghouse must provide quarterly reports that detail the status of\n reimbursement funds available for clearing obligations, the relocation and accelerated relocation\n payments issued, the amounts collected from overlay licensees, and any certifications filed by\n incumbents. The reports must account for all funds spent to transition the 3.7 GHz Service Band,\n including the Relocation Payment Clearinghouse's own expenses, e.g., salaries and fees paid to law\n firms, accounting firms, and other consultants. The report shall include descriptions of any disputes\n and the manner in which they were resolved.\n\n (2) The Relocation Payment Clearinghouse shall provide to the Office of the Managing Director and the\n Wireless Telecommunications Bureau, by March 1 of each year, an audited statement of funds\n expended to date, including salaries and expenses of the Clearinghouse.\n\n (3) The Relocation Clearing House shall provide to the Wireless Telecommunications Bureau additional\n information upon request.\n\n§ 27.1415 Documentation of expenses.\nParties seeking reimbursement of compensable relocation costs must document their actual expenses and the\nRelocation Payment Clearinghouse, or a third-party on behalf of the Relocation Payment Clearinghouse, may\nconduct audits of entities that receive reimbursements. Entities receiving reimbursements must make available all\nrelevant documentation upon request from the Relocation Payment Clearinghouse or its contractor.\n\n§ 27.1416 Reimbursable costs.\n (a) Determining reimbursable costs. The Relocation Payment Clearinghouse shall review reimbursement\n requests to determine whether they are reasonable and to ensure they comply with the requirements\n adopted in this sub-part. The Relocation Payment Clearinghouse shall give parties the opportunity to\n supplement any reimbursement claims that the Relocation Payment Clearinghouse deems deficient.\n Reimbursement submissions that fall within the estimated range of costs in the cost category schedule\n issued by the Wireless Telecommunications Bureau shall be presumed reasonable. If the Relocation\n Payment Clearinghouse determines that the amount sought for reimbursement is unreasonable, it shall\n notify the party of the amount it deems eligible for reimbursement. The Wireless Telecommunications\n Bureau shall make further determinations related to reimbursable costs, as necessary, throughout the\n transition process.\n\n\n\n\n47 CFR 27.1416(a) (enhanced display) page 222 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1416(b)\nMiscellaneous Wireless Communications Services\n\n\n (b) Payment procedures. Following a determination of the reimbursable amount, the Relocation Payment\n Clearinghouse shall incorporate approved claims into invoices, which it shall issue to each licensee\n indicating the amount to be paid. The Relocation Payment Clearinghouse shall pay approved claims\n within 30 days of invoice submission. The Relocation Payment Clearinghouse shall also include its own\n reasonable costs in the invoices.\n\n§ 27.1417 Reimbursement fund.\nThe Relocation Payment Clearinghouse will establish and administer an account that will fund the costs for the\ntransition of this band to the 3.7 GHz Service after an auction for the 3.7 GHz Service concludes. Licensees in the\n3.7 GHz Service shall pay their pro rata share of six months' worth of estimated transition costs into a\nreimbursement fund, administered by the Relocation Payment Clearinghouse, shortly after the auction and then\nevery six months until the transition is complete. The Relocation Payment Clearinghouse shall draw from the\nreimbursement fund to pay approved, invoiced claims, consistent with § 27.1418. If the reimbursement fund does\nnot have sufficient funds to pay approved claims before a six-month replenishment, the Relocation Payment\nClearinghouse shall provide 3.7 GHz Service licensees with 30 days' notice of the additional pro rata shares they\nmust contribute. At the end of the transition, the Relocation Payment Clearinghouse shall refund any unused\namounts to 3.7 GHz Service licensees according to their pro rata shares.\n\n§ 27.1418 Payment obligations.\n (a) Each eligible space station operator is responsible for the payment of its own satellite transition costs\n until the auction winners have been announced.\n\n (b) Licensees in the 3.7 GHz Service shall pay their pro rata share of:\n\n (1) The reasonable costs of the Relocation Payment Clearinghouse and, in the event the Wireless\n Telecommunications Bureau selects the Relocation Coordinator, the services of the Relocation\n Coordinator and its staff;\n\n (2) The actual relocation costs, provided that they are not unreasonable, for eligible space station\n operators and incumbent fixed service licensees; the actual transition costs, provided they are not\n unreasonable, associated with the necessary migration and filtering of incumbent earth stations;\n\n (3) Any lump sum payments, if elected by incumbent earth station operators in lieu of actual relocation\n costs; and\n\n (4) Specified accelerated relocation payments for space station operators that clear on an accelerated\n timeframe. Licensees in the 3.7 GHz Service shall be responsible for the full costs of space station\n transition, the Relocation Payment Clearinghouse, and, if selected and established by the Wireless\n Telecommunications Bureau, the Relocation Coordinator, based on their pro rata share of the total\n auction bids of each licensee's gross winning bids in the auction overall; they shall be responsible for\n incumbent earth station and incumbent fixed service transition costs in a Partial Economic Area\n based on their pro rata share of the total gross bids for that Partial Economic Area.\n\n (c) Following the auction, and every six months until the close of the transition, licensees in the 3.7 GHz\n Service shall submit their portion of estimated transition costs to a reimbursement fund, and the\n Relocation Payment Clearinghouse will reimburse parties incurring transition costs. If actual costs exceed\n estimated costs, the Relocation Payment Clearinghouse shall perform a true-up for additional funds from\n 3.7 GHz Service licensees.\n\n\n\n47 CFR 27.1418(c) (enhanced display) page 223 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1418(d)\nMiscellaneous Wireless Communications Services\n\n\n (d) If 3.7 GHz band license is relinquished to the Commission prior to all relocation cost reimbursements and\n accelerated relocation payments being paid, the remaining payments will be distributed among other\n similarly situated 3.7 GHz band licensees. If a new license is issued for the previously relinquished rights\n prior to final payments becoming due, the new 3.7 GHz band licensee will be responsible for the same pro\n rata share of relocation costs and accelerated relocation payments as the initial 3.7 GHz band license. If a\n 3.7 GHz band licensee sells its rights on the secondary market, the new 3.7 GHz band licensee will be\n obligated to fulfill all payment obligations associated with the license.\n\n§ 27.1419 Lump sum payment for earth station opt out.\nThe Wireless Telecommunications Bureau shall announce a lump sum that will be available per each incumbent\nearth station that elects to opt out from the formal relocation process, per § 27.1412(e), as well as the process for\nelecting lump sum payments. Incumbent earth station owners must make the lump sum payment election no later\nthan 30 days after the Bureau announces the lump sum payment amounts, and must indicate whether each\nincumbent earth station for which it elects the lump sum payment will be transitioned to the upper 200 megahertz\nin order to maintain C-band services or will discontinue C-band services.\n\n§ 27.1420 Cost-sharing formula.\n (a) For space station transition and Relocation Payment Clearinghouse costs, and in the event the Wireless\n Telecommunications Bureau selects a Relocation Coordinator pursuant to § 27.1413(a), Relocation\n Coordinator costs, the pro rata share of each flexible-use licensee will be the sum of the final clock phase\n prices (P) for the set of all license blocks that a bidder wins divided by the total final clock phase prices\n for all N license blocks sold in the auction. To determine a licensee's reimbursement obligation (RO), that\n pro rata share would then be multiplied by the total eligible reimbursement costs (RC). Mathematically,\n this is represented as:\n\n\n\n\n (b) For incumbent earth stations and fixed service incumbent licensee transition costs, a flexible-use\n licensee's pro rata share will be determined on a PEA-specific basis, based on the final clock phase prices\n for the license blocks it won in each PEA. To calculate the pro rata share for incumbent earth station\n transition costs in a given PEA, the same formula identified in § 27.1412(a) will be used, except I is the set\n of licenses a bidder won in the PEA, N is the total blocks sold in the PEA and RC is the PEA-specific earth\n station and fixed service relocation costs.\n\n (c) For the Phase I accelerated relocation payments, the pro rata share of each flexible use licensee of the 3.7\n to 3.8 MHz in the 46 PEAs that are cleared by December 5, 2021, will be the sum of the final clock phase\n prices (P) that the licensee won divided by the total final clock phase prices for all M license blocks sold in\n those 46 PEAs. To determine a licensee's RO the pro rata share would then be multiplied by the total\n accelerated relocation payment due for Phase I, A1. Mathematically, this is represented as:\n\n\n\n\n47 CFR 27.1420(c) (enhanced display) page 224 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1420(d)\nMiscellaneous Wireless Communications Services\n\n\n (d) For Phase II accelerated relocation payments, the pro rata share of each flexible use licensee will be the\n sum of the final clock phase prices (P) that the licensee won in the entire auction, divided by the total final\n clock phase prices for all N license blocks sold in the auction. To determine a licensee's RO the pro rata\n share would then be multiplied by the total accelerated relocation payment due for Phase II, A2.\n Mathematically, this is represented as:\n\n\n\n\n§ 27.1421 Disputes over costs and cost-sharing.\n (a) Parties disputing a cost estimate, cost invoice, or payment or cost-sharing obligation must file an\n objection with the Relocation Payment Clearinghouse.\n\n (b) The Relocation Payment Clearinghouse may mediate any disputes regarding cost estimates or payments\n that may arise in the course of band reconfiguration; or refer the disputant parties to alternative dispute\n resolution fora.\n\n (1) Any dispute submitted to the Relocation Payment Clearinghouse, or other mediator, shall be decided\n within 30 days after the Relocation Payment Clearinghouse has received a submission by one party\n and a response from the other party.\n\n (2) Thereafter, any party may seek expedited non-binding arbitration, which must be completed within 30\n days of the recommended decision or advice of the Relocation Payment Clearinghouse or other\n mediator.\n\n (3) The parties will share the cost of this arbitration if it is before the Relocation Payment Clearinghouse.\n\n (c) Should any issues still remain unresolved, they may be referred to the Bureau within ten days of\n recommended decision or advice of the Relocation Payment Clearinghouse or other mediator and any\n decision of the Relocation Payment Clearinghouse can be appealed to the Chief of the Bureau.\n\n (1) When referring an unresolved matter, the Relocation Payment Clearinghouse shall forward the entire\n record on any disputed issues, including such dispositions thereof that the Relocation Payment\n Clearinghouse has considered.\n\n (2) Upon receipt of such record and advice, the Bureau will decide the disputed issues based on the\n record submitted. The Bureau is directed to resolve such disputed issues or designate them for an\n evidentiary hearing before an Administrative Law Judge. If the Bureau decides an issue, any party to\n the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days\n of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be\n set for an evidentiary hearing before an Administrative Law Judge.\n\n (3) Parties seeking de novo review of a decision by the Bureau are advised that, in the course of the\n evidentiary hearing, the Commission may require complete documentation relevant to any disputed\n matters; and, where necessary, and at the presiding judge's discretion, require expert engineering,\n economic or other reports or testimony. Parties may therefore wish to consider possibly less\n burdensome and expensive resolution of their disputes through means of alternative dispute\n resolution.\n\n\n\n47 CFR 27.1421(c)(3) (enhanced display) page 225 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1422\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1422 Accelerated relocation payment.\n (a) Eligible space station operators that meet the applicable early-clearing benchmark(s), as confirmed in\n their Certification of Accelerated Relocation set-forth in § 27.1412(g), will be eligible for their respective\n accelerated relocation payment.\n\n (b) The Relocation Payment Clearinghouse will distribute the accelerated relocation payments accordingly:\n\n\n Table 1 to Paragraph (b)—Acclerated Relocation Payment by Operator\n\n Phase I Phase II\n Payment\n payment payment\n Intelsat $4,865,366,000 $1,197,842,000 $3,667,524,000\n SES 3,968,133,000 976,945,000 2,991,188,000\n Eutelsat 506,978,000 124,817,000 382,161,000\n Telesat 344,400,000 84,790,000 259,610,000\n Star One 15,124,000 3,723,000 11,401,000\n Totals 9,700,001,000 2,388,117,000 7,311,884,000\n\n\n (c) The Relocation Payment Clearinghouse shall promptly notify 3.7 GHz Service licensees following\n validation of the certification of accelerated relocations as set-forth in Section 27.1412(g). 3.7 GHz\n Service licensees shall pay the accelerated relocation payments to the Clearinghouse within 60 days of\n the notice that eligible space station operators have met their respective accelerated clearing benchmark.\n The Clearinghouse shall disburse accelerated relocation payments to relevant space station operators\n within seven days of receiving the payment from overlay licensees.\n\n (d) For eligible space station operators that fail to meet either the Phase I or Phase II benchmarks as of the\n relevant accelerated relocation deadline, the accelerated relocation payment will be reduced according to\n the following schedule of declining accelerated relocation payments for the six months following the\n relevant deadline:\n\n\n Table 2 to Paragraph (d)\n\n Accelerated\n Incremental\n relocation\n Date of completion reduction\n payment\n (percent)\n (percent)\n By Deadline 100\n 1–30 Days Late 5 95\n 31–60 Days Late 5 90\n 61–90 Days Late 10 80\n 91–120 Days Late 10 70\n 121–150 Days Late 20 50\n 151–180 Days Late 20 30\n 181+ Days Late 30 0\n\n\n47 CFR 27.1422(d) (enhanced display) page 226 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1423\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1423 Protection of incumbent operations.\n (a) To protect incumbent earth stations from out-of-band emissions from fixed stations, base stations and\n mobiles, the power flux density (PFD) of any emissions within the 4000–4200 MHz band must not exceed\n −124 dBW/m2/MHz as measured at the earth station antenna.\n\n (b) To protect incumbent earth stations from blocking, the power flux density (PFD) of any emissions within\n the 3700–3980 MHz band must not exceed −16 dBW/m2/MHz as measured at the earth station antenna.\n\n (c) All 3.7 GHz Service licensees, prior to initiating operations from any base or fixed station, must coordinate\n cochannel frequency usage with all incumbent Telemetry, Tracking, and Command (TT&C) earth stations\n within a 70 km radius. The licensee must ensure that the aggregated power from its operations meets an\n interference to noise ratio (I/N) of −6 dB to the TT&C earth station receiver. A base station's operation will\n be defined as cochannel when any of the 3.7 GHz Service licensee's authorized frequencies are separated\n from the center frequency of the TT&C earth station by less than 150% of the maximum emission\n bandwidth in use by the TT&C earth station.\n\n (d) All 3.7 GHz Service licensees operating on an adjacent channel to an incumbent TT&C earth station must\n ensure that the aggregated power from its operations meets an interference to noise ratio (I/N) of −6 dB\n to the TT&C earth station receiver.\n\n (e) To protect incumbent TT&C earth stations from blocking, the power flux density (PFD) of any emissions\n within the 3700–3980 MHz band must not exceed −16 dBW/m2/MHz as measured at the TT&C earth\n station antenna.\n\n§ 27.1424 Agreements between 3.7 GHz Service licensees and C-Band earth station operators.\nThe PFD limits in § 27.1423 may be modified by the private agreement of licensees of 3.7 GHz Service and entities\noperating earth stations in the 4000–4200 MHz band or TT&C operations in the 3700–3980 MHz band. A licensee\nof the 3.7 GHz Service who is a party to such an agreement must maintain a copy of the agreement in its station\nfiles and disclose it, upon request, to prospective license assignees, transferees, or spectrum lessees, and to the\nCommission.\n\nSubpart P—Regulations Governing Licensing and Use of 900 MHz Broadband Service in the\n897.5–900.5 MHz and 936.5–939.5 MHz Bands\n\nSource: 85 FR 43134, July 16, 2020, unless otherwise noted.\n\n\n\n§ 27.1500 Scope.\nThis subpart sets out the regulations governing the licensing and operations of 900 MHz broadband systems\noperating in the 897.5–900.5/936.5–939.5 MHz band. It includes eligibility requirements and operational and\ntechnical standards for stations licensed in this band. It also supplements the rules regarding application\nprocedures contained in part 1, subpart F of this chapter. The rules in this subpart are to be read in conjunction with\nthe applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this\nsubpart shall govern with respect to licensing and operation in this frequency band.\n\n§ 27.1501 Definitions.\nTerms used in this subpart shall have the following meanings:\n\n47 CFR 27.1501 (enhanced display) page 227 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1501 “900 MHz broadband”\nMiscellaneous Wireless Communications Services\n\n\n 900 MHz broadband. The 900 MHz broadband systems in the 897.5–900.5/936.5–939.5 MHz band licensed by\n the Commission pursuant to the provisions of this subpart.\n\n 900 MHz broadband licensee. An entity that holds a 900 MHz broadband license issued pursuant to this\n subpart.\n\n 900 MHz broadband segment. The segment of realigned 900 MHz spectrum (i.e., the 897.5–900.5/936.5–939.5\n MHz band) licensed by the Commission pursuant to the provisions of this subpart.\n\n 900 MHz narrowband segment. The segments of realigned 900 MHz spectrum (i.e., the 896–897.5/935–936.5\n MHz and 900.5–901/939.5–940 MHz bands (Paired channels 1–119 and 361–399)) designated for\n narrowband operations and licensed pursuant to 47 CFR part 90, subpart S.\n\n Complex system. A covered incumbent's system that consists of 45 or more functionally integrated sites.\n\n County. For purposes of this part, counties shall be defined using the United States Census Bureau's data\n reflecting county legal boundaries and names valid through January 1, 2017.\n\n Covered incumbent. Any 900 MHz site-based licensee in the broadband segment that is required under §\n 90.621(b) to be protected by a broadband licensee with a base station at any location within the county, or\n any 900 MHz geographic-based SMR licensee in the broadband segment whose license area completely\n or partially overlaps the county.\n\n Eligibility Certification. A filing made to the Commission as part of the prospective broadband licensee's\n application for a 900 MHz broadband license that demonstrates satisfaction of the eligibility restrictions.\n\n License area. The geographic component of a 900 MHz broadband license. A license area consists of one\n county.\n\n Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or\n EIRP, stated per unit bandwidth, e.g., watts/MHz.\n\n Site-channel. A channel licensed at a particular location.\n\n Transition plan. A filing made to the Commission as part of the prospective broadband licensee's application for\n a 900 MHz broadband license that includes a plan for transitioning the band in the particular county.\n\n Transitioned market. See section 90.7 of part 90 of this chapter.\n\n§ 27.1502 Permanent discontinuance of 900 MHz broadband licenses.\nA 900 MHz broadband licensee that permanently discontinues service as defined in § 1.953 must notify the\nCommission of the discontinuance within 10 days by filing FCC Form 601 requesting license cancelation. An\nauthorization will automatically terminate, without specific Commission action, if service is permanently\ndiscontinued as defined in this chapter, even if a licensee fails to file the required form requesting license\ncancelation.\n\n§ 27.1503 Broadband license eligibility and application requirements.\n (a) Eligibility. For an applicant to be eligible for a broadband license in a county, it must:\n\n (1) Hold the licenses for more than 50% of the total amount of licensed 900 MHz SMR (site-based or\n geographically licensed) and B/ILT (site-based) spectrum for the relevant county including credit for\n spectrum included in an application to acquire or relocate covered incumbents filed with the\n Commission on or after March 14, 2019;\n\n47 CFR 27.1503(a)(1) (enhanced display) page 228 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1503(a)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) Hold spectrum in the broadband segment or reach an agreement to clear through acquisition or\n relocation, including credit for spectrum included in an application to acquire or relocate covered\n incumbents filed with the Commission on or after March 14, 2019, or demonstrate how it will provide\n interference protection to, covered incumbent licensees collectively holding licenses in the\n broadband segment for at least 90% of the site-channels in the county and within 70 miles of the\n county boundary, and geographically licensed channels where the license area completely or\n partially overlaps the county. To provide interference protection, an applicant may:\n\n (i) Protect site-based covered incumbent(s) through compliance with minimum spacing criteria\n set forth in § 90.621(b) of this chapter;\n\n (ii) Protect site-based covered incumbent(s) through new or existing letters of concurrence\n agreeing to lesser base station separations as set forth in § 90.621(b); and/or\n\n (iii) Protect geographically based covered incumbent(s) through a private contractual agreement.\n\n (3) If any site of a complex system is located within the county and/or within 70 miles of the county\n boundary, an applicant must either hold the license for that site or reach an agreement to acquire,\n relocate, or protect it in order to demonstrate eligibility.\n\n (4) The applicant may use its current 900 MHz holdings in the narrowband segment to relocate covered\n incumbents. Spectrum used for the purpose of relocating incumbent(s) may not exceed the\n incumbent's current spectrum holdings in the relevant county, unless additional channels are\n necessary to achieve equivalent coverage and/or capacity.\n\n (b) Application.\n\n (1) Applications must be filed in accordance with part 1, subpart F of this chapter.\n\n (2) An applicant for a 900 MHz broadband license must submit with its application an Eligibility\n Certification that:\n\n (i) Lists the licenses the applicant holds in the 900 MHz band to demonstrate that it holds the\n licenses for more than 50% of the total licensed 900 MHz spectrum, whether SMR or B/ILT, for\n the relevant county including credit for spectrum included in an application to acquire or\n relocate any covered incumbents filed on or after March 14, 2019;\n\n (ii) A statement that it has filed a Transition Plan detailing how it holds spectrum in the broadband\n segment and/or has reached an agreement to clear through acquisition or relocation (including\n credit for spectrum included in an application to acquire or relocate covered incumbents filed\n with the Commission on or after March 14, 2019), or demonstrate how it will provide\n interference protection to, covered incumbent licensees collectively holding licenses in the\n broadband segment for at least 90% of the site-channels in the county and within 70 miles of\n the county boundary, and geographically licensed channels where the license area completely\n or partially overlaps the county.\n\n (3) An applicant for a 900 MHz broadband license must submit with its application a Transition Plan that\n provides:\n\n (i) A showing of one or more of the following:\n\n (A) Agreement by covered incumbents to relocate from the broadband segment;\n\n\n\n47 CFR 27.1503(b)(3)(i)(A) (enhanced display) page 229 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1503(b)(3)(i)(B)\nMiscellaneous Wireless Communications Services\n\n\n (B) Protection of site-based covered incumbents through compliance with minimum spacing\n criteria;\n\n (C) Protection of site-based covered incumbents through new or existing letters of\n concurrence agreeing to lesser base station separations;\n\n (D) Protection of geographically-based covered incumbents through private contractual\n agreements; and/or\n\n (E) Evidence that it holds licenses for the site-channels and/or geographically licensed\n channels.\n\n (ii) Descriptions of the agreements between the prospective broadband licensee and all covered\n incumbents collectively holding licenses for at least 90% of site-channels within the county and\n within 70 miles of the county boundary, and geographically licensed channels where the license\n area completely or partially overlaps the county.\n\n (iii) Descriptions in detail of all information and actions necessary to accomplish the realignment,\n as follows:\n\n (A) The applications that the parties to the agreements will file for spectrum in the\n narrowband segment in order to relocate or repack licensees;\n\n (B) A description of how the applicant will provide interference protection to, and/or acquire or\n relocate from the broadband segment covered incumbents collectively holding licenses\n for at least 90% of site-channels within 70 miles of the county and within 70 miles of the\n county boundary and/or evidence that it holds licenses for the site-channels and/or\n geographically licensed channels.\n\n (C) Any rule waivers or other actions necessary to implement an agreement with a covered\n incumbent; and\n\n (D) Such additional information as may be required.\n\n (iv) A certification from an FCC-certified frequency coordinator that the Transition Plan's\n representations can be implemented consistent with Commission rules. The certification must\n establish that the relocations proposed therein take into consideration all relevant covered\n incumbents and are consistent with the existing part 90 interference protection criteria if the\n covered incumbent is site-based, and include any private contractual agreements between the\n prospective broadband licensee and a geographically-licensed covered incumbent.\n\n (4) Applicants seeking to transition multiple counties may simultaneously file a single Transition Plan\n with each of its county-based applications.\n\n (c) Anti-windfall provisions.\n\n (1) The applicant must return to the Commission all of its licensed 900 MHz SMR and B/ILT spectrum,\n up to six megahertz, for the county in which it seeks a broadband license. The applicant will be\n required to file, within 15 days of filing its broadband license application, an application(s) to cancel\n all of its 900 MHz SMR and B/ILT spectrum, up to six megahertz, conditioned upon Commission\n grant of its application.\n\n\n\n\n47 CFR 27.1503(c)(1) (enhanced display) page 230 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1503(c)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) If the applicant relinquishes less than six megahertz of spectrum in accordance with paragraph\n (c)(1) of this section, then the applicant must remit an anti-windfall payment prior to the grant of the\n 900 MHz broadband license. Payment must be made through a monetary payment to the U.S.\n Treasury.\n\n§ 27.1504 Mandatory relocation.\n (a) Subject to paragraph (b) of this section, broadband licensees may require mandatory relocation from the\n broadband segment covered incumbents' remaining site-channels in a given county and within 70 miles\n of the county boundary, and geographically licensed channels where the license area completely or\n partially overlaps the county, that were not covered by § 27.1503(a)(2).\n\n (b) Complex systems are exempt from mandatory relocation. To qualify as exempt from mandatory\n relocation, a complex system must have at least one site (of its 45 or more functionally integrated sites)\n located within the county license area or within 70 miles of the county boundary.\n\n (c) A broadband licensee seeking to relocate a covered incumbent pursuant to this section is required to pay\n all reasonable relocation costs, including providing the relocated covered incumbent with comparable\n facilities. To be comparable, the replacement system provided to a covered incumbent during a\n mandatory relocation must be at least equivalent to the existing 900 MHz system with respect to the\n following four factors:\n\n (1) System;\n\n (2) Capacity;\n\n (3) Quality of service; and\n\n (4) Operating costs.\n\n (d) Having met the 90% success threshold, a 900 MHz broadband licensee seeking to trigger the mandatory\n relocation process shall serve notice on applicable covered incumbent(s).\n\n (e) Following the service of notice, a 900 MHz broadband licensee may request information from the covered\n incumbent reasonably required to craft its offer of comparable facilities.\n\n (f) We expect all parties to negotiate with the utmost “good faith” in the negotiation process. Factors relevant\n to a “good-faith” determination include:\n\n (1) Whether the party responsible for paying the cost of band reconfiguration has made a bona fide offer\n to relocate the incumbent to comparable facilities;\n\n (2) The steps the parties have taken to determine the actual cost of relocation to comparable facilities;\n and\n\n (3) Whether either party has unreasonably withheld information, essential to the accurate estimation of\n relocation costs and procedures, requested by the other party.\n\n (g) A party seeking Commission resolution of a dispute must submit in writing to the Chief, Wireless\n Telecommunications Bureau:\n\n (1) The name, address, telephone number, and email address of the 900 MHz broadband licensee or\n covered incumbent making the allegation;\n\n (2) The name of the 900 MHz broadband licensee or covered incumbent about which the allegation is\n made;\n47 CFR 27.1504(g)(2) (enhanced display) page 231 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1504(g)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) A complete statement of the facts supporting the broadband licensee's or incumbent's claim; and\n\n (4) The specific relief sought.\n\n (h) If an incumbent fails to negotiate in good faith, its facilities may be mandatorily relocated, and its license\n modified accordingly by the Commission pursuant to section 316 of the Act. If the Wireless\n Telecommunications Bureau finds bad faith on the part of the broadband licensee, the broadband\n licensee may lose the right to relocate the incumbent or the Wireless Telecommunications Bureau may\n refer the matter to the Enforcement Bureau for action (which could include a range of sanctions, such as\n imposition of forfeitures).\n\n§ 27.1505 Performance requirements.\n (a) 900 MHz broadband licensees shall demonstrate compliance with performance requirements by filing a\n construction notification with the Commission, within 15 days of the expiration of the applicable\n benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter.\n\n (1) The licensee must certify whether it has met the applicable performance requirements. The licensee\n must file a description and certification of the areas for which it is providing service. The\n construction notifications must include electronic coverage maps and supporting technical\n documentation regarding the type of service it is providing for each licensed area within its service\n territory and the type of technology used to provide such service, and certify the accuracy of such\n documentation. Supporting documentation must include the assumptions used to create the\n coverage maps, including the propagation model and the signal strength necessary to provide\n reliable service with the licensee's technology.\n\n (2) To demonstrate compliance with the population coverage requirement, licensees shall use the most\n recently available decennial U.S. Census Bureau data at the time of measurement and shall base\n their measurements of population served on areas no larger than the Census Tract level. The\n population within a specific Census Tract (or other acceptable identifier) will be deemed served by\n the licensee only if it provides reliable signal coverage to and offers service within the specific\n Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable\n identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such\n areas may include only the population within the Census Tract (or other acceptable identifier)\n towards meeting the performance requirement of a single, individual license.\n\n (b) A 900 MHz broadband licensee must meet either a population coverage requirement or geographic\n coverage as follows:\n\n (1) Population metric.\n\n (i) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband\n service to at least 45% of the population in its license area within six years of license grant.\n\n (ii) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband\n service to at least 80% of the population in its license area within 12 years of license grant.\n\n (2) Geographic coverage. Alternatively, a 900 MHz broadband licensee may:\n\n (i) Demonstrate it provides reliable signal coverage and offers broadband service covering at least\n 25% of the geographic license area within six years of license grant.\n\n (ii) Demonstrate it provides reliable signal coverage and offers broadband service covering at least\n 50% of the geographic license area within twelve years of license grant.\n\n47 CFR 27.1505(b)(2)(ii) (enhanced display) page 232 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1505(c)\nMiscellaneous Wireless Communications Services\n\n\n (c) Penalties.\n\n (1) If a 900 MHz broadband licensee fails to meet the first performance benchmark, we require the\n licensee to meet the final performance benchmark two years sooner (i.e., at 10 years into the license\n term) and reduce the license term from 15 years to 13 years.\n\n (2) If a 900 MHz broadband licensee fails to meet the final performance benchmark, its authorization for\n that license area will terminate automatically without Commission action.\n\n (d) License renewal. After satisfying the 12-year, final performance benchmark, a licensee must continue to\n provide coverage and offer broadband service at or above that level for the remaining three years of the\n 15-year license term in order to warrant license renewal.\n\n§ 27.1506 Frequencies.\nThe 897.5–900.5 MHz and 936.5–939.5 MHz band segments are available for licensing with an authorized\nbandwidth up to 3 megahertz paired channels. The 897.5–900.5 MHz segment must only be used for uplink\ntransmissions. The 936.5–939.5 MHz segments must only be used for downlink transmissions.\n\n§ 27.1507 Effective radiated power limits for 900 MHz broadband systems.\n (a) Maximum ERP. The power limits specified in this section are applicable to operations in areas more than\n 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canada border.\n\n (1) General limit.\n\n (i) The ERP for base and repeater stations must not exceed 400 watts/megahertz power spectral\n density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT),\n except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced\n below 400 watts/megahertz ERP in accordance with Table 1 of this section.\n\n (ii) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are\n permitted to operate base and repeater stations with up to a maximum ERP of 1000 watts/\n megahertz power spectral density (PSD) per sector and an antenna height of 304 m height\n above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are\n permitted if power levels are reduced below 1000 watts/megahertz ERP in accordance with\n Table 2 of this section.\n\n (2) Rural areas. For systems that are located in counties with population densities of 100 persons or\n fewer per square mile, based upon the most recently available population statistics from the Bureau\n of the Census:\n\n (i) The ERP for base and repeater stations must not exceed 800 watts/megahertz power spectral\n density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT),\n except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced\n below 800 watts/megahertz ERP in accordance with Table 3 of this section.\n\n (ii) Provided that they also comply with paragraphs (b) and (c) of this section, base and repeater\n stations may operate with up to a maximum ERP of 2000 watts/megahertz power spectral\n density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT),\n except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced\n below 2000 watts/megahertz ERP in accordance with Table 4 of this section.\n\n\n47 CFR 27.1507(a)(2)(ii) (enhanced display) page 233 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1507(a)(3)\nMiscellaneous Wireless Communications Services\n\n\n (3) Mobile, control and auxiliary test stations. Mobile, control and auxiliary test stations must not exceed\n 10 watts ERP.\n\n (4) Portable stations. Portable stations must not exceed 3 watts ERP.\n\n (b) Power flux density (PFD). Each 900 MHz broadband base or repeater station that exceeds the ERP limit of\n paragraph (a)(1)(i) or (a)(2)(i) of this section must be designed and deployed so as not to exceed a\n modeled PFD of 3000 microwatts/m2/MHz over at least 98% of the area within 1 km of the base or\n repeater station antenna, at 1.6 meters above ground level. To ensure compliance with this requirement,\n the licensee must perform predictive modeling of the PFD values within at least 1 km of each base or\n repeater station antenna prior to commencing such operations and, thereafter, prior to making any site\n modifications that may increase the PFD levels around the base or repeater station. The modeling must\n take into consideration terrain and other local conditions and must use good engineering practices for the\n 900 MHz band.\n\n (c) Power measurement. Measurement of 900 MHz broadband base transmitter and repeater ERP must be\n made using an average power measurement technique. Power measurements for base transmitters and\n repeaters must be made in accordance with either of the following:\n\n (1) A Commission-approved average power technique (see FCC Laboratory's Knowledge Database); or\n\n (2) For purposes of this section, peak transmit power must be measured over an interval of continuous\n transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The\n measurement results shall be properly adjusted for any instrument limitations, such as detector\n response times, limited resolution bandwidth capability when compared to the emission bandwidth,\n sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full\n bandwidth of the channel.\n\n (d) PAR limit. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB.\n\n (e) Height-power limit. As specified in paragraph (a) of this section, the following tables specify the maximum\n base station power for antenna heights above average terrain (HAAT) that exceed 304 meters.\n\n\n\n\n47 CFR 27.1507(e) (enhanced display) page 234 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1507(e)\nMiscellaneous Wireless Communications Services\n\n\n Table 1 to § 27.1507—Permissible Power and Antenna Heights for Base\n Stations and Repeaters Permitted To Transmit With Up to 400 Watts/\n Megahertz\n\n Antenna height (AAT) Effective radiated\n in meters power (ERP)\n (feet) (watts/megahertz)\n Above 1372 (4500) 26\n Above 1220 (4000) To 1372 (4500) 28\n Above 1067 (3500) To 1220 (4000) 30\n Above 915 (3000) To 1067 (3500) 40\n Above 763 (2500) To 915 (3000) 56\n Above 610 (2000) To 763 (2500) 80\n Above 458 (1500) To 610 (2000) 140\n Above 305 (1000) To 458 (1500) 240\n Up to 305 (1000) 400\n\n\n Table 2 to § 27.1507—Permissible Power and Antenna Heights for Base\n Stations and Repeaters Permitted To Transmit With Up to 1000 Watts/\n Megahertz\n\n Antenna height (AAT) Effective radiated\n in meters power (ERP)\n (feet) (watts/megahertz)\n Above 1372 (4500) 65\n Above 1220 (4000) To 1372 (4500) 70\n Above 1067 (3500) To 1220 (4000) 75\n Above 915 (3000) To 1067 (3500) 100\n Above 763 (2500) To 915 (3000) 140\n Above 610 (2000) To 763 (2500) 200\n Above 458 (1500) To 610 (2000) 350\n Above 305 (1000) To 458 (1500) 600\n Up to 305 (1000) 1000\n\n\n\n\n47 CFR 27.1507(e) (enhanced display) page 235 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1508\nMiscellaneous Wireless Communications Services\n\n\n Table 3 to § 27.1507—Permissible Power and Antenna Heights for Base\n Stations and Repeaters Permitted To Transmit With Up to 800 Watts/\n Megahertz\n\n Antenna height (AAT) Effective radiated\n in meters power (ERP)\n (feet) (watts/megahertz)\n Above 1372 (4500) 52\n Above 1220 (4000) To 1372 (4500) 56\n Above 1067 (3500) To 1220 (4000) 60\n Above 915 (3000) To 1067 (3500) 80\n Above 763 (2500) To 915 (3000) 112\n Above 610 (2000) To 763 (2500) 160\n Above 458 (1500) To 610 (2000) 280\n Above 305 (1000) To 458 (1500) 480\n Up to 305 (1000) 800\n\n\n Table 4 to § 27.1507—Permissible Power and Antenna Heights for Base\n Stations and Repeaters Permitted To Transmit With Up to 2000 Watts/\n Megahertz\n\n Antenna height (AAT) Effective radiated\n in meters power (ERP)\n (feet) (watts/megahertz)\n Above 1372 (4500) 130\n Above 1220 (4000) To 1372 (4500) 140\n Above 1067 (3500) To 1220 (4000) 150\n Above 915 (3000) To 1067 (3500) 200\n Above 763 (2500) To 915 (3000) 280\n Above 610 (2000) To 763 (2500) 400\n Above 458 (1500) To 610 (2000) 700\n Above 305 (1000) To 458 (1500) 1200\n Up to 305 (1000) 2000\n\n\n§ 27.1508 Field strength limit.\nThe predicted or measured median field strength must not exceed 40 dBµV/m at any given point along the\ngeographic license boundary, unless the affected licensee agrees to a different field strength. This value applies to\nboth the initially offered service areas and to partitioned service areas.\n\n\n\n\n47 CFR 27.1508 (enhanced display) page 236 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1509\nMiscellaneous Wireless Communications Services\n\n\n§ 27.1509 Emission limits.\nThe power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the\ntransmitter power (P) in watts by at least the following amounts:\n\n (a) For 900 MHz broadband operations in 897.5–900.5 MHz band by at least 43 + 10 log (P) dB.\n\n (b) For 900 MHz broadband operations in the 936.5–939.5 MHz band, by at least 50 + 10 log (P) dB.\n\n (c) Compliance with the provisions of paragraphs (a) and (b) of this section is based on the use of\n measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the\n 100 kHz bands immediately outside and adjacent to the licensee's band, a resolution bandwidth of at\n least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be\n employed. The emission bandwidth is defined as the width of the signal between two points, one below\n the carrier center frequency and one above the carrier center frequency, outside of which all emissions are\n attenuated at least 26 dB below the transmitter power.\n\n (d) The measurements of emission power can be expressed in peak or average values, provided they are\n expressed in the same parameters as the transmitter power.\n\n (e) When an emission outside of the authorized bandwidth causes harmful interference, the Commission\n may, at its discretion, require greater attenuation than specified in this section.\n\n§ 27.1510 Unacceptable interference to narrowband 900 MHz licensees from 900 MHz\nbroadband licensees.\nSee 47 CFR 90.672.\n\nSubpart Q—3.45 GHz Service (3450–3550 MHz)\n\nSource: 86 FR 17954, Apr. 7, 2021, unless otherwise noted.\n\n\n\n§ 27.1600 3450–3550 MHz band subject to competitive bidding.\nMutually exclusive initial applications for 3450–3550 MHz band licenses are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in 47 CFR part 1, subpart Q, will apply unless otherwise provided in\nthis subpart.\n\n§ 27.1601 Designated entities in the 3450–3550 MHz band.\n (a) Eligibility for small business provisions —\n\n (1) Definitions —\n\n (i) Small business. A small business is an entity that, together with its affiliates, its controlling\n interests, and the affiliates of its controlling interests, has average gross revenues not\n exceeding $55 million for the preceding five (5) years.\n\n (ii) Very small business. A very small business is an entity that, together with its affiliates, its\n controlling interests, and the affiliates of its controlling interests, has average gross revenues\n not exceeding $20 million for the preceding five (5) years.\n\n\n47 CFR 27.1601(a)(1)(ii) (enhanced display) page 237 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1601(a)(2)\nMiscellaneous Wireless Communications Services\n\n\n (2) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a\n consortium of small businesses as provided in § 1.2110(c)(6) of this chapter, may use the bidding\n credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter, subject to the cap specified in\n § 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a very small business, as defined\n in this section, or a consortium of very small businesses as provided in § 1.2110(c)(6) of this\n chapter, may use the bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter,\n subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter.\n\n (b) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of\n this chapter, that has not claimed a small business bidding credit, or a consortium of rural service\n providers as provided in § 1.2110(c)(6) of this chapter, may use the bidding credit of 15 percent specified\n in § 1.2110(f)(4) of this chapter.\n\n§ 27.1602 Incumbent Federal operations.\nRegarding incumbent Federal operations in the 3450–3550 MHz band, 3.45 GHz Service licensees must comply\nwith footnote US431B of the Table of Frequency Allocations in 47 CFR 2.106.\n\n§ 27.1603 Coordination procedures.\n (a) Coordination requirement. Prior to operation of any 3.45 GHz Service license in a Cooperative Planning\n Area or Periodic Use Area, a 3.45 GHz Service licensee must successfully coordinate such operation with\n any Federal incumbents in the Cooperative Planning Area or Periodic Use Area. The coordination\n procedures contained in this section shall apply unless the 3.45 GHz Service licensee and the Federal\n incumbent(s) have reached a mutually acceptable operator-to-operator coordination agreement that\n provides otherwise.\n\n (b) Informal discussions. Before a 3.45 GHz Service licensee submits a formal coordination request, it may\n share and discuss draft proposals with Federal incumbent coordination staff. These discussions are\n voluntary, informal, and non-binding and can begin at any time.\n\n (c) Formal coordination. The 3.45 GHz Service licensee shall initiate coordination by formally requesting\n access to operate within a Cooperative Planning Area and/or Periodic Use Area directly through the\n Department of Defense's online portal.\n\n (d) Initiation, timing, and affirmative concurrence. A 3.45 GHz Service licensee must initiate a formal\n coordination request through the online portal provided by the Department of Defense. Unless otherwise\n agreed between a 3.45 GHz Service licensee and the relevant Federal incumbent(s), no formal\n coordination requests may be submitted until nine (9) months after the date of the auction closing Public\n Notice. 3.45 GHz Service licensees may request informal discussions (through the point of contact\n identified in the applicable Transition Plan) during this nine-month time period. Unless otherwise agreed\n to in writing, the requirement to reach a coordination arrangement is satisfied only by obtaining the\n affirmative concurrence of the relevant Federal incumbent(s) via the portal. The requirement of this\n paragraph (d) is not satisfied by omission.\n\n (e) Submission information. To submit a formal coordination request, the 3.45 GHz Service licensee must\n include information about the technical characteristics for the 3.45 GHz Service base stations and\n associated mobile units relevant to operation within the Cooperative Planning Area and/or Periodic Use\n Area. This information should be provided in accordance with the instructions provided in the portal user's\n guide provided by the Department of Defense. 3.45 GHz Service licensees must prioritize their\n deployments in the Cooperative Planning Area for each Federal incumbent when submitting a formal\n\n47 CFR 27.1603(e) (enhanced display) page 238 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1603(f)\nMiscellaneous Wireless Communications Services\n\n\n coordination request. If a 3.45 GHz Service licensee is seeking to coordinate with multiple systems or\n multiple locations of operation controlled by one Federal incumbent, the licensee must specify the order\n in which it prefers the Federal incumbent process the request (i.e., the order of systems or geographic\n locations).\n\n (f) Coordination analysis. If a 3.45 GHz Service licensee has questions about the result of a coordination\n request, it may contact the Federal incumbent to propose network design modifications to help address\n issues raised by the Federal incumbent. Once the 3.45 GHz Service licensee has revised its network\n design, it must resubmit a formal coordination request, and the 3.45 GHz Service formal coordination\n process begins again.\n\n (g) Interference resolution process. In instances of identified harmful interference occurring between a\n Federal and non-Federal operator not otherwise addressed by the coordination procedures or operator-to-\n operator agreements, the 3.45 GHz Service licensee shall first attempt to resolve the interference directly.\n If that effort is unsuccessful, the 3.45 GHz Service licensee, if adversely affected may escalate the matter\n to the Commission.\n\n§ 27.1604 Reimbursement of relocation expenses of non-Federal radiolocation incumbents.\n (a) Relocation reimbursement contribution. Each entity granted an initial license (not a renewal) in the 3.45\n GHz Service (Licensee) must pay a pro rata portion to reimburse the costs incurred by authorized non-\n Federal, secondary radiolocation licensees for relocating from the 3.3–3.55 GHz band. These costs\n include the cost of a clearinghouse's administration of the reimbursement, which the radiolocation\n licensees will pay initially and include in their reimbursable costs.\n\n (b) Pro rata share. A Licensee's pro rata share of relocation costs will be determined by dividing the total\n actual costs of such relocation, as approved by the clearinghouse selected pursuant to § 27.1605, by the\n total number of 3.45 GHz Service licenses granted, multiplied by the number of such licenses the\n Licensee will hold.\n\n (c) Timing of payment. A Licensee's relocation reimbursement contribution share must be paid to the\n clearinghouse by the date(s) and subject to procedures specified by public notice.\n\n§ 27.1605 Reimbursement clearinghouse.\n (a) The clearinghouse ultimately selected shall determine the reimbursement obligations of each Licensee\n pursuant to § 27.1604.\n\n (1) The clearinghouse must be a must be a neutral, independent entity with no conflicts of interest (as\n defined in § 27.1414(b), on the part of the organization or its officers, directors, employees,\n contractors, or significant subcontractors.\n\n (2) The clearinghouse must be able to demonstrate that it has the requisite expertise to perform the\n duties required, which will include collecting and distributing reimbursement payments, auditing\n incoming and outgoing estimates, mitigating cost disputes among parties, and generally acting as a\n clearinghouse.\n\n (3) The clearinghouse must comply with, on an ongoing basis, all applicable laws and Federal\n Government guidance on privacy and information security requirements such as relevant provisions\n in the Federal Information Security Management Act, National Institute of Standards and Technology\n publications, and Office of Management and Budget guidance.\n\n\n\n47 CFR 27.1605(a)(3) (enhanced display) page 239 of 240\n\f47 CFR Part 27 (up to date as of 2/20/2024)\n 47 CFR 27.1605(a)(4)\nMiscellaneous Wireless Communications Services\n\n\n (4) The clearinghouse must provide quarterly reports to the Wireless Telecommunications Bureau that\n detail the status of reimbursement funds available, the payments issued, the amounts collected\n from licensees, and any information filed by incumbents. The reports must account for all funds\n spent, including the clearinghouse's own expenses. The report shall include descriptions of any\n disputes and the manner in which they were resolved.\n\n (b) Non-Federal secondary radiolocation licensees in the 3.3–3.55 GHz band that seek reimbursement of\n their expenses for relocating operations authorized under their licenses and existing as of February 22,\n 2019, must submit invoices or other appropriate documentation of such expenses to the clearinghouse\n no later than a date to be specified by public notice.\n\n (c) Expenses must be reasonably related to the relocation from the 3.3–3.55 GHz band to the 2.9–3.0 GHz\n band, may be future expenses or expenses already incurred—including the clearinghouse's costs, and no\n expenses for other purposes will be subject to reimbursement. Ineligible expenses include, but are not\n limited to, those related to upgrades or improvements. The clearinghouse shall have the authority to\n determine whether particular expenses are eligible for reimbursement.\n\n (d) The Wireless Telecommunications Bureau is responsible for resolving any disputes arising from decisions\n by the clearinghouse and shall specify by public notice when the clearinghouse's responsibilities have\n terminated.\n\n§ 27.1606 Aggregation of 3450–3550 MHz band licenses.\n (a) 3.45 GHz Service licensees may aggregate up to 40 megahertz of 3450–3550 MHz band licenses across\n both license categories in any service area at any given time for four years after the close of the auction.\n After four years post-auction, no such aggregation limit on 3450–3550 MHz licenses shall apply.\n\n (b) The criteria in § 20.22(b) of this chapter will apply in order to attribute partial ownership and other\n interests for the purpose of applying the aggregation limit in paragraph (a) of this section.\n\n§ 27.1607 Information sharing for time division duplex synchronization.\n (a) 3.45 GHz Service licensees must provide information to requesting Citizens Broadband Radio Service\n (part 96 of this chapter) operators to enable time division duplex (TDD) synchronization. Negotiations\n over the information must be conducted in good faith, with the goal of enabling synchronization between\n the relevant systems.\n\n (1) A Citizens Broadband Radio Service operator, whether a Priority Access Licensee or a General\n Authorized Access user (§ 96.1(b) of this chapter), may request information from a 3.45 GHz Service\n licensee to enable cross-service TDD synchronization if it provides service, or intends to provide\n service, in the same or adjacent geographic area as a 3.45 GHz Service licensee.\n\n (2) Upon request by an eligible Citizens Broadband Radio Service operator, the 3.45 GHz Service licensee\n must provide sufficient technical information to allow the Citizens Broadband Radio Service operator\n to synchronize its system with the 3.45 GHz band system. The 3.45 GHz Service licensee must keep\n this information current if its network operations change.\n\n (b) 3.45 GHz Service licensees are under no obligation to make any changes to their operations or proposed\n operations to enable TDD synchronization.\n\n\n\n\n47 CFR 27.1607(b) (enhanced display) page 240 of 240\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":30,"cells":{"Content":{"kind":"string","value":"47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR Part 17 Subpart A (Feb. 20, 2024)\nGeneral Information\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\nPart 17 —Construction, Marking, and Lighting of Antenna Structures\n Authority: 47 U.S.C. 154, 301, 303, 309.\n\n\nSubpart A General Information\n § 17.1 Basis and purpose.\n § 17.2 Definitions.\n § 17.4 Antenna structure registration.\n § 17.5 Commission consideration of applications for station authorization.\n § 17.6 Responsibility for painting and lighting compliance.\n\n\nSubpart A—General Information\n§ 17.1 Basis and purpose.\n (a) The rules in this part are issued pursuant to the authority contained in Title III of the Communications Act\n of 1934, as amended, which vest authority in the Federal Communications Commission to issue licenses\n to radio stations when it is found that the public interest, convenience, and necessity would be served\n thereby, and to require the painting, and/or illumination of antenna structures if and when in its judgment\n such structures constitute, or there is reasonable possibility that they may constitute, a menace to air\n navigation.\n\n (b) The purpose of this part is to prescribe certain procedures for antenna structure registration and\n standards with respect to the Commission's consideration of proposed antenna structures which will\n serve as a guide to antenna structure owners.\n\n[61 FR 4362, Feb. 6, 1996, as amended at 79 FR 56984, Sept. 24, 2014]\n\n\n§ 17.2 Definitions.\n (a) Antenna structure. The term antenna structure means a structure that is constructed or used to transmit\n radio energy, or that is constructed or used for the primary purpose of supporting antennas to transmit\n and/or receive radio energy, and any antennas and other appurtenances mounted thereon, from the time\n construction of the supporting structure begins until such time as the supporting structure is dismantled.\n\n (b) Antenna farm area. A geographical location, with established boundaries, designated by the Federal\n Communications Commission, in which antenna structures with a common impact on aviation may be\n grouped.\n\n (c) Antenna structure owner. For the purposes of this part, an antenna structure owner is the individual or\n entity vested with ownership, equitable ownership, dominion, or title to the antenna structure that is\n constructed or used to transmit radio energy, or the underlying antenna structure that supports or is\n\n\n47 CFR 17.2(c) (enhanced display) page 1 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.2(d)\nGeneral Information\n\n\n intended to support antennas and other appurtenances. Notwithstanding any agreements made between\n the owner and any entity designated by the owner to maintain the antenna structure, the owner is\n ultimately responsible for compliance with the requirements of this part.\n\n (d) Antenna structure registration number. A unique number, issued by the Commission during the registration\n process, which identifies an antenna structure. Once obtained, this number must be used in all filings\n related to this structure.\n\n[32 FR 8813, June 21, 1967, and 32 FR 11268, Aug. 3, 1967, as amended at 39 FR 26157, July 17, 1974; 61 FR 4362, Feb. 6, 1996;\n79 FR 56984, Sept. 24, 2014]\n\n\n§ 17.4 Antenna structure registration.\n (a) The owner of any proposed or existing antenna structure that requires notice of proposed construction to\n the Federal Aviation Administration (FAA) due to physical obstruction must register the structure with the\n Commission. (See § 17.7 for FAA notification requirements.) This includes those structures used as part\n of stations licensed by the Commission for the transmission of radio energy, or to be used as part of a\n cable television head end system. If a Federal Government antenna structure is to be used by a\n Commission licensee, the structure must be registered with the Commission. If the FAA exempts an\n antenna structure from notification, it is exempt from the requirement that it register with the\n Commission. (See § 17.7(e) for exemptions to FAA notification requirements.)\n\n (1) For a proposed antenna structure or alteration of an existing antenna structure, the owner must\n register the structure prior to construction or alteration.\n\n (2) For a structure that did not originally fall under the definition of “antenna structure,” the owner must\n register the structure prior to hosting a Commission licensee.\n\n (b) Except as provided in paragraph (e) of this section, each owner of an antenna structure described in\n paragraph (a) of this section must electronically file FCC Form 854 with the Commission. Additionally,\n each owner of a proposed structure referred to in paragraph (a) of this section must submit a valid FAA\n determination of “no hazard.” In order to be considered valid by the Commission, the FAA determination of\n “no hazard” must not have expired prior to the date on which FCC Form 854 is received by the\n Commission. The height of the structure will be the highest point of the structure including any\n obstruction lighting or lightning arrester. If an antenna structure is not required to be registered under\n paragraph (a) of this section and it is voluntarily registered with the Commission after October 24, 2014,\n the registrant must note on FCC Form 854 that the registration is voluntary. Voluntarily registered antenna\n structures are not subject to the lighting and marking requirements contained in this part.\n\n (c) Each prospective applicant must complete the environmental notification process described in this\n paragraph, except as specified in paragraph (c)(1) of this section.\n\n (1) Exceptions from the environmental notification process. Completion of the environmental notification\n process is not required when FCC Form 854 is submitted solely for the following purposes:\n\n (i) For notification only, such as to report a change in ownership or contact information, or the\n dismantlement of an antenna structure;\n\n (ii) For a reduction in height of an antenna structure or an increase in height that does not\n constitute a substantial increase in size as defined in paragraph I(E)(1)–(3) of appendix B to\n part 1 of this chapter, provided that there is no construction or excavation more than 30 feet\n beyond the existing antenna structure property;\n\n47 CFR 17.4(c)(1)(ii) (enhanced display) page 2 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(1)(iii)\nGeneral Information\n\n\n (iii) For removal of lighting from an antenna structure or adoption of a more preferred or equally\n preferred lighting style. For this purpose lighting styles are ranked as follows (with the most\n preferred lighting style listed first and the least preferred listed last): no lights; FAA Lighting\n Styles that do not involve use of red steady lights; and FAA Lighting Styles that involve use of\n red steady lights. A complete description of each FAA Lighting Style and the manner in which it\n is to be deployed can be found in the current version of FAA, U.S. Dept. of Transportation,\n Advisory Circular: Obstruction Marking and Lighting, AC 70/7460;\n\n (iv) For replacement of an existing antenna structure at the same geographic location that does not\n require an Environmental Assessment (EA) under § 1.1307(a) through (d) of this chapter,\n provided the new structure will not use a less preferred lighting style, there will be no\n substantial increase in size as defined in paragraph I(E)(1)–(3) of appendix B to part 1 of this\n chapter, and there will be no construction or excavation more than 30 feet beyond the existing\n antenna structure property;\n\n (v) For any other change that does not alter the physical structure, lighting, or geographic location\n of an existing structure;\n\n (vi) For construction, modification, or replacement of an antenna structure on Federal land where\n another Federal agency has assumed responsibility for evaluating the potentially significant\n environmental effect of the proposed antenna structure on the quality of the human\n environment and for invoking any required environmental impact statement process, or for any\n other structure where another Federal agency has assumed such responsibilities pursuant to a\n written agreement with the Commission (see § 1.1311(e) of this chapter); or\n\n (vii) For the construction or deployment of an antenna structure that will:\n\n (A) Be in place for no more than 60 days,\n\n (B) Requires notice of construction to the FAA,\n\n (C) Does not require marking or lighting under FAA regulations,\n\n (D) Will be less than 200 feet in height above ground level, and\n\n (E) Will either involve no excavation or involve excavation only where the depth of previous\n disturbance exceeds the proposed construction depth (excluding footings and other\n anchoring mechanisms) by at least two feet. An applicant that relies on this exception\n must wait 30 days after removal of the antenna structure before relying on this exception\n to deploy another antenna structure covering substantially the same service area.\n\n (2) Commencement of the environmental notification process. The prospective applicant shall\n commence the environmental notification process by filing information about the proposed antenna\n structure with the Commission. This information shall include, at a minimum, all of the information\n required on FCC Form 854 regarding ownership and contact information, geographic location, and\n height, as well as the type of structure and anticipated lighting. The Wireless Telecommunications\n Bureau may utilize a partially completed FCC Form 854 to collect this information.\n\n (3) Local notice. The prospective applicant must provide local notice of the proposed new antenna\n structure or modification of an existing antenna structure through publication in a newspaper of\n general circulation or other appropriate means, such as through the public notification provisions of\n the relevant local zoning process. The local notice shall contain all of the descriptive information as\n to geographic location, configuration, height and anticipated lighting specifications reflected in the\n\n47 CFR 17.4(c)(3) (enhanced display) page 3 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(4)\nGeneral Information\n\n\n submission required pursuant to paragraph (c)(2) of this section. It must also provide information as\n to the procedure for interested persons to file Requests for environmental processing pursuant to §§\n 1.1307(c) and 1.1313(b) of this chapter, including any assigned file number, and state that such\n Requests may only raise environmental concerns.\n\n (4) National notice. On or after the local notice date provided by the prospective applicant, the\n Commission shall post notification of the proposed construction on its Web site. This posting shall\n include the information contained in the initial filing with the Commission or a link to such\n information. The posting shall remain on the Commission's Web site for a period of 30 days.\n\n (5) Requests for environmental processing. Any Request filed by an interested person pursuant to §§\n 1.1307(c) and 1.1313(b) of this chapter must be received by the Commission no later than 30 days\n after the proposed antenna structure goes on notice pursuant to paragraph (c)(4) of this section.\n The Wireless Telecommunications Bureau shall establish by public notice the process for filing\n Requests for environmental processing and responsive pleadings consistent with the following\n provisions.\n\n (i) Service and pleading cycle. The interested person or entity shall serve a copy of its Request on\n the prospective ASR applicant pursuant to § 1.47 of this chapter. Oppositions may be filed no\n later than 10 days after the time for filing Requests has expired. Replies to oppositions may be\n filed no later than 5 days after the time for filing oppositions has expired. Oppositions shall be\n served upon the Requester, and replies shall be served upon the prospective applicant.\n\n (ii) Content. An Environmental Request must state why the interested person or entity believes that\n the proposed antenna structure or physical modification of an existing antenna structure may\n have a significant impact on the quality of the human environment for which an Environmental\n Assessment must be considered by the Commission as required by § 1.1307 of this chapter, or\n why an Environmental Assessment submitted by the prospective Antenna Structure\n Registration (ASR) applicant does not adequately evaluate the potentially significant\n environmental effects of the proposal. The Request must be submitted as a written petition\n filed electronically, setting forth in detail the reasons supporting Requester's contentions. If the\n filer is unable to submit electronically, or if filing electronically would be unreasonably\n burdensome, the Request may be submitted by mail, with a request for waiver under §\n 1.1304(b) of this chapter.\n\n (6) Amendments. The prospective applicant must file an amendment to report any substantial change in\n the information provided to the Commission. An amendment will not require further local or national\n notice if the only reported change is a reduction in the height of the proposed new or modified\n antenna structure; if proposed lighting is removed or changed to a more preferred or equally\n preferred lighting style as set forth in paragraph (c)(1)(iii) of this section; or if the amendment\n reports only administrative changes that are not subject to the requirements specified in this\n paragraph. All other changes to the physical structure, lighting, or geographic location data for a\n proposed registered antenna structure require additional local and national notice and a new period\n for filing Requests pursuant to paragraphs (c)(3), (c)(4), and (c)(5) of this section.\n\n (7) Environmental Assessments. If an Environmental Assessment (EA) is required under § 1.1307 of this\n chapter, the antenna structure registration applicant shall attach the EA to its environmental\n submission, regardless of any requirement that the EA also be attached to an associated service-\n specific license or construction permit application. The contents of an EA are described in §§ 1.1308\n and 1.1311 of this chapter. The EA may be provided either with the initial environmental submission\n or as an amendment. If the EA is submitted as an amendment, the Commission shall post\n47 CFR 17.4(c)(7) (enhanced display) page 4 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(8)\nGeneral Information\n\n\n notification on its Web site for another 30 days pursuant to paragraph (c)(4) of this section and\n accept additional Requests pursuant to paragraph (c)(5) of this section. However, additional local\n notice pursuant to paragraph (c)(3) of this section shall not be required unless information has\n changed pursuant to paragraph (c)(6) of this section. The applicant shall serve a copy of the EA\n upon any party that has previously filed a Request pursuant to paragraph (c)(5) of this section.\n\n (8) Disposition. The processing Bureau shall resolve all environmental issues, in accordance with the\n environmental regulations (47 CFR 1.1301 through 1.1319) specified in part 1 of this chapter, before\n the tower owner, or the first tenant licensee acting on behalf of the owner, may complete the antenna\n structure registration application. In a case where no EA is submitted, the Bureau shall notify the\n applicant whether an EA is required under § 1.1307(c) or (d) of this chapter. In a case where an EA is\n submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the\n applicant that further environmental processing is required pursuant to § 1.1308 of this chapter.\n Upon filing the completed antenna structure registration application, the applicant shall certify that\n the construction will not have a significant environmental impact, unless an Environmental Impact\n Statement is prepared pursuant to § 1.1314 of this chapter.\n\n (9) Transition rule. An antenna structure registration application that is pending with the Commission as\n of the effective date of this paragraph (c) shall not be required to complete the environmental\n notification process set forth in this paragraph. The Commission will publish a document in the\n FEDERAL REGISTER announcing the effective date. However, if such an application is amended in a\n manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such\n notice shall be required.\n\n (d) If a final FAA determination of “no hazard” is not submitted along with FCC Form 854, processing of the\n registration may be delayed or disapproved.\n\n (e) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal\n benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee authorized to\n locate on the structure (excluding tenants that no longer occupy the structure) must register the structure\n electronically using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form\n 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees\n notification that the structure has been registered, consistent with paragraph (f) of this section, and for\n posting the registration number as required by paragraph (g) of this section.\n\n (f) The Commission shall issue to the registrant FCC Form 854R, Antenna Structure Registration, which\n assigns a unique Antenna Structure Registration Number. The antenna structure owner shall immediately\n provide to all tenant licensees and permittees notification that the structure has been registered, along\n with either a copy of Form 854R or the Antenna Structure Registration Number and a link to the FCC\n antenna structure website: http://wireless.fcc.gov/antenna/. This notification must be done electronically.\n\n (g) Except as described in paragraph (h) of this section, the Antenna Structure Registration Number must be\n displayed so that it is conspicuously visible and legible from the publicly accessible area nearest the base\n of the antenna structure along the publicly accessible roadway or path. Where an antenna structure is\n surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna\n Structure Registration Number should be posted on the perimeter fence or access gate. Where multiple\n antenna structures having separate Antenna Structure Registration Numbers are located within a single\n fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or\n access gate and near the base of each antenna structure. If the base of the antenna structure has more\n than one point of access, the Antenna Structure Registration Number must be posted so that it is visible\n\n\n47 CFR 17.4(g) (enhanced display) page 5 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.4(h)\nGeneral Information\n\n\n at the publicly accessible area nearest each such point of access. Materials used to display the Antenna\n Structure Registration Number must be weather-resistant and of sufficient size to be easily seen where\n posted.\n\n (h) The owner is not required to post the Antenna Structure Registration Number in cases where a federal,\n state, or local government entity provides written notice to the owner that such a posting would detract\n from the appearance of a historic landmark. In this case, the owner must make the Antenna Structure\n Registration Number available to representatives of the Commission, the FAA, and the general public upon\n reasonable demand.\n\n (i) Absent Commission specification, the painting and lighting specifications recommended by the FAA are\n mandatory (see § 17.23). However, the Commission may specify painting and/or lighting requirements for\n each antenna structure registration in addition to or different from those specified by the FAA.\n\n (j) Any change or correction in the overall height of one foot or greater or coordinates of one second or\n greater in longitude or latitude of a registered antenna structure requires prior approval from the FAA and\n modification of the existing registration with the Commission.\n\n (k) Any change in the marking and lighting that varies from the specifications described on any antenna\n structure registration requires prior approval from the FAA and the Commission.\n\n[61 FR 4362, Feb. 6, 1996, as amended at 77 FR 3953, Jan. 26, 2012; 79 FR 56985, Sept. 24, 2014; 80 FR 1270, Jan. 8, 2015; 85 FR\n85532, Dec. 29, 2020]\n\n\nEffective Date Note: At 80 FR 1270, Jan. 8, 2015, § 17.4(c)(1)(vii) was added. This paragraph contains\ninformation collection and recordkeeping requirements and will not become effective until approval has been given\nby the Office of Management and Budget.\n\n\n§ 17.5 Commission consideration of applications for station authorization.\n (a) Applications for station authorization, excluding services authorized on a geographic basis, are reviewed\n to determine whether there is a requirement that the antenna structure in question must be registered\n with the Commission.\n\n (b) If registration is required, the registrant must supply the structure's registration number upon request by\n the Commission.\n\n (c) If registration is not required, the application for authorization will be processed without further regard to\n this chapter.\n\n[61 FR 4362, Feb. 6, 1996]\n\n\n§ 17.6 Responsibility for painting and lighting compliance.\n (a) The antenna structure owner is responsible for maintaining the painting and lighting in accordance with\n this part. However, if a licensee or permittee authorized on an antenna structure is aware that the\n structure is not being maintained in accordance with the specifications set forth on the Antenna Structure\n Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question\n whether the antenna structure owner is carrying out its responsibility under this part, the licensee or\n permittee must take immediate steps to ensure that the antenna structure is brought into compliance and\n remains in compliance. The licensee must:\n47 CFR 17.6(a) (enhanced display) page 6 of 7\n\f47 CFR Part 17 Subpart A (up to date as of 2/20/2024)\n 47 CFR 17.6(a)(1)\nGeneral Information\n\n\n (1) Immediately notify the structure owner;\n\n (2) Immediately notify the site management company (if applicable);\n\n (3) Immediately notify the Commission; and,\n\n (4) Make a diligent effort to immediately bring the structure into compliance.\n\n (b) In the event of non-compliance by the antenna structure owner, the Commission may require each\n licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite\n period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of\n this part.\n\n (c) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal\n benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee authorized to\n locate on the structure (excluding tenants that no longer occupy the structure) must electronically register\n the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form\n 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees\n notification that the structure has been registered, consistent with § 17.4(f), and for posting the\n registration number as required by § 17.4(g).\n\n[61 FR 4363, Feb. 6, 1996, as amended at 79 FR 56985, Sept. 24, 2014; 85 FR 85532, Dec. 29, 2020]\n\n\n\n\n47 CFR 17.6(c) (enhanced display) page 7 of 7\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":31,"cells":{"Content":{"kind":"string","value":"47 CFR Part 8 (up to date as of 2/20/2024)\n 47 CFR Part 8 (Feb. 20, 2024)\nInternet Freedom\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 8 Internet Freedom\n § 8.1 Transparency.\n\n\nPart 8—INTERNET FREEDOM\nAuthority: 47 U.S.C. 154, 201(b), 257, 303(r), and 1753.\n\nSource: 76 FR 59232, Sept. 23, 2011, unless otherwise noted.\n\n\n\n§ 8.1 Transparency.\n (a) Any person providing broadband internet access service shall publicly disclose accurate information\n regarding the network management practices, performance characteristics, and commercial terms of its\n broadband internet access services sufficient to enable consumers to make informed choices regarding\n the purchase and use of such services and entrepreneurs and other small businesses to develop, market,\n and maintain internet offerings. Such disclosure shall be made via a publicly available, easily accessible\n website or through transmittal to the Commission.\n\n (1) Any person providing broadband internet access service shall create and display an accurate\n broadband consumer label for each stand-alone broadband internet access service it currently offers\n for purchase. The label must be prominently displayed, publicly available, and easily accessible to\n consumers, including consumers with disabilities, at the point of sale with the content and in the\n format prescribed by the Commission in “[Fixed or Mobile] Broadband Consumer Disclosure,” in\n figure 1 to this paragraph (a)(1).\n\n\nFigure 1 to Paragraph (a)(1)—[Fixed or Mobile] Broadband Consumer Disclosure Label\n\n\n\n\n47 CFR 8.1(a)(1) (enhanced display) page 1 of 4\n\f47 CFR Part 8 (up to date as of 2/20/2024)\n 47 CFR 8.1(a)(1)\nInternet Freedom\n\n\n\n\n47 CFR 8.1(a)(1) (enhanced display) page 2 of 4\n\f47 CFR Part 8 (up to date as of 2/20/2024)\n 47 CFR 8.1(a)(2)\nInternet Freedom\n\n\n (2) Broadband internet access service providers shall display the label required under paragraph (a)(1)\n of this section at each point of sale. Point of sale is defined to mean a provider's website and any\n alternate sales channels through which the provider's broadband internet access service is sold,\n including a provider-owned retail location, third-party retail location, and over the phone. For labels\n displayed on provider websites, the label must be displayed in close proximity to the associated\n advertised service plan. Point of sale also means the time a consumer begins investigating and\n comparing broadband service offerings available to them at their location. For alternate sales\n channels, providers must document each instance when it directs a consumer to a label and retain\n such documentation for two years. This requirement will be deemed satisfied if, instead, the\n provider: establishes the business practices and processes it will follow in distributing the label\n through alternative sales channels; retains training materials and related business practice\n documentation for two years; and provides such information to the Commission upon request, within\n thirty days. Point of sale for purposes of the E-Rate and Rural Health Care programs is defined as the\n time a service provider submits its bid to a program participant. Providers participating in the E-Rate\n and Rural Health Care programs must provide their labels to program participants when they submit\n their bids to participants. Broadband internet access service providers that offer online account\n portals to their customers shall also make each customer's label easily accessible to the customer\n in such portals.\n\n (3) The content of the label required under paragraph (a)(1) of this section must be displayed on the\n broadband internet access service provider's website in a machine-readable format. Broadband\n internet access service providers must provide the information in any label separately in a\n spreadsheet file format on their websites via a dedicated uniform resource locator (URL) that\n contains all of their labels. Providers must publicize the URL with the label data in the transparency\n disclosures required under this paragraph (a).\n\n (4) The label required under paragraph (a)(1) of this section must be provided in English and in any other\n languages in which the broadband internet access service provider markets its services in the United\n States.\n\n (5) Broadband internet access service providers shall maintain an archive of all labels required under\n paragraph (a)(1) of this section for a period of no less than two years from the time the service plan\n reflected in the label is no longer available for purchase by a new subscriber and the provider has\n removed the label from its website or alternate sales channels. Providers must provide any archived\n label to the Commission, upon request, within thirty days. Providers must provide an archived label,\n upon request and within thirty days, to an existing customer whose service plan is associated with\n the particular label. A provider is not required to display a label once the associated service plan is\n no longer offered to new subscribers.\n\n (6) Broadband consumer label requirements and the transparency rule in paragraph (a) of this section\n are subject to enforcement using the same processes and procedures. The label required under\n paragraph (a)(1) of this section is not a safe harbor from the transparency rule or any other\n requirements established by the Commission.\n\n (7) Compliance with paragraphs (a)(1), (2), and (4) through (6) of this section for providers with 100,000\n or fewer subscriber lines is required as of October 10, 2024, and for all other providers is required as\n of April 10, 2024, except that compliance with the requirement in paragraph (a)(2) of this section to\n make labels accessible in online account portals will not be required for all providers until October\n 10, 2024. Compliance with paragraph (a)(3) of this section is required for all providers as of October\n 10, 2024.\n\n47 CFR 8.1(a)(7) (enhanced display) page 3 of 4\n\f47 CFR Part 8 (up to date as of 2/20/2024)\n 47 CFR 8.1(b)\nInternet Freedom\n\n\n (b) Broadband internet access service is a mass-market retail service by wire or radio that provides the\n capability to transmit data to and receive data from all or substantially all internet endpoints, including any\n capabilities that are incidental to and enable the operation of the communications service, but excluding\n dial-up internet access service. This term also encompasses any service that the Commission finds to be\n providing a functional equivalent of the service described in the previous sentence or that is used to\n evade the protections set forth in this part. For purposes of paragraphs (a)(1) through (6) of this section,\n “mass-market” services exclude service offerings customized for the customer through individually\n negotiated agreements even when the services are supported by federal universal service support.\n\n (c) A network management practice is reasonable if it is appropriate and tailored to achieving a legitimate\n network management purpose, taking into account the particular network architecture and technology of\n the broadband internet access service.\n\n[83 FR 7922, Feb. 22, 2018, as amended at 87 FR 76978, Dec. 16, 2022; 88 FR 52043, Aug. 7, 2023; 88 FR 63859, Sept. 18, 2023;\n88 FR 73535, Oct. 26, 2023]\n\n\n\n\n47 CFR 8.1(c) (enhanced display) page 4 of 4\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":32,"cells":{"Content":{"kind":"string","value":"\n\nThis content is from the eCFR and is authoritative but unofficial.\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission Subchapter A —General\nPart 10 Wireless Emergency Alerts\nSubpart A General Information\n§ 10.1\tBasis.\n§ 10.2\tPurpose.\n§ 10.10 Definitions.\n§ 10.11 WEA implementation timeline.\nSubpart B Election To Participate in Wireless Emergency Alerts System\n§ 10.210 WEA participation election procedures.\n§ 10.220 Withdrawal of election to participate in WEA.\n§ 10.230 New CMS providers participating in WEA.\n§ 10.240 Notification to new subscribers of non-participation in WEA.\n§ 10.250 Notification to existing subscribers of non-participation in WEA.\n§ 10.260 Timing of subscriber notification.\n§ 10.270 Subscribers' right to terminate subscription.\n§ 10.280 Subscribers' right to opt out of WEA notifications.\nSubpart C System Architecture\n§ 10.300 Alert aggregator. [Reserved]\n§ 10.310 Federal alert gateway. [Reserved]\n§ 10.320 Provider alert gateway requirements.\n§ 10.330 Provider infrastructure requirements.\n§ 10.340 Digital television transmission towers retransmission capability.\n§ 10.350 WEA testing and proficiency training requirements.\nSubpart D Alert Message Requirements\n§ 10.400 Classification.\n§ 10.410 Prioritization.\n§ 10.420 Message elements.\n§ 10.430 Character limit.\n§ 10.441\tEmbedded references.\n§ 10.450 Geographic targeting.\n§ 10.460 Retransmission frequency. [Reserved]\n§ 10.470 Roaming.\n§ 10.480 Language support.\nSubpart E Equipment Requirements\n§ 10.500 General requirements.\n§ 10.510\tCall preemption prohibition.\n§ 10.520 Common audio attention signal.\n§ 10.530 Common vibration cadence.\n§ 10.540 Attestation requirement. [Reserved]\nPART 10—WIRELESS EMERGENCY ALERTS\nAuthority: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606, 1202(a), (b), (c), (f), 1203, 1204, and 1206.\n\nLink to an amendment published at 88 FR 86836, Dec. 15, 2023.\n\nSource: 73 FR 43117, July 24, 2008, unless otherwise noted.\n\nSubpart A—General Information\n§ 10.1 Basis.\nThe rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Public Law 109–347, Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 FR 36975, June 26, 2006.\n\n§ 10.2 Purpose.\nThe rules in this part establish the requirements for participation in the voluntary Wireless Emergency Alerts system.\n\n[78 FR 16807, Mar. 19, 2013]\n\n§ 10.10 Definitions.\nAlert Message. An Alert Message is a message that is intended to provide the recipient information regarding an emergency, and that meets the requirements for transmission by a Participating Commercial Mobile Service Provider under this part.\nCommon Alerting Protocol. The Common Alerting Protocol (CAP) refers to Organization for the Advancement of Structured Information Standards (OASIS) Standard CAP–V1.1, October 2005 (available at http://www.oasis-open.org/specs/index.php#capv1.1), or any subsequent version of CAP adopted by OASIS and implemented by the WEA.\nWireless Emergency Alerts. The Wireless Emergency Alerts (WEA) system refers to the voluntary emergency alerting system established by this part, whereby Commercial Mobile Service Providers may elect to transmit Alert Messages to the public.\nCommercial Mobile Service Provider. A Commercial Mobile Service Provider (or CMS Provider) is an FCC licensee providing commercial mobile service as defined in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1)). Section 332(d)(1) defines the term commercial mobile service as any mobile service (as defined in 47 U.S.C. 153) that is provided for profit and makes interconnected service available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission.\nCounty and County Equivalent. The terms County and County Equivalent as used in this part are defined by Federal Information Processing Standards (FIPS) 6–4, which provides the names and codes that represent the counties and other entities treated as equivalent legal and/or statistical subdivisions of the 50 States, the District of Columbia, and the possessions and freely associated areas of the United States.\nCounties are considered to be the “first-order subdivisions” of each State and statistically equivalent entity, regardless of their local designations (county, parish, borough, etc.). Thus, the following entities are considered to be equivalent to counties for legal and/or statistical purposes: The parishes of Louisiana; the boroughs and census areas of Alaska; the District of Columbia; the independent cities of Maryland, Missouri, Nevada, and Virginia; that part of Yellowstone National Park in Montana; and various entities in the possessions and associated areas. The FIPS codes and FIPS code documentation are available online at http://www.itl.nist.gov/fipspubs/index.htm.\nParticipating Commercial Mobile Service Provider. A Participating Commercial Mobile Service Provider (or a Participating CMS Provider) is a Commercial Mobile Service Provider that has voluntarily elected to transmit Alert Messages under subpart B of this part.\n“C” Interface. The interface between the Alert Gateway and CMS provider Gateway.\nCMS provider Gateway. The mechanism(s) that supports the “C” interface and associated protocols between the Alert Gateway and the CMS provider Gateway, and which performs the various functions associated with the authentication, management and dissemination of WEA Alert Messages received from the Alert Gateway.\nCMS provider infrastructure. The mechanism(s) that distribute received WEA Alert Messages throughout the CMS provider's network, including cell site/paging transceivers and perform functions associated with authentication of interactions with the Mobile Device.\nMobile Devices. The subscriber equipment generally offered by CMS providers that supports the distribution of WEA Alert Messages.\nCMS Provider participation “in whole.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in the entirety of their geographic service area, and when all mobile devices that the CMS Providers offer at the point of sale are WEA-capable.\nCMS Provider participation “in part.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in some, but not in all of their geographic service areas, or CMS Providers that offer mobile devices at the point of sale that are not WEA-capable.\n\n[73 FR 43117, July 24, 2008, as amended at 73 FR 54525, Sept. 22, 2008; 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018]\n\n§ 10.11 WEA implementation timeline.\nNotwithstanding anything in this part to the contrary, a participating CMS provider shall begin an 18 month period of development, testing and deployment of the WEA in a manner consistent with the rules in this part no later than 10 months from the date that the Federal Alert Aggregator and Alert Gateway makes the Government Interface Design specifications available.\nIf a Participating CMS Provider's network infrastructure would generate and display WEA headers with the text “Presidential Alert” to subscribers upon receipt of a National Alert, or include the text “Presidential Alert” in a mobile device's settings menus, then by July 31, 2022, that Participating CMS Provider's network infrastructure shall either generate and display WEA headers and menus with the text “National Alert,” or no longer display those headers and menu text to the subscriber. Network infrastructure that is technically incapable of meeting this requirement, such as situations in which legacy devices or networks cannot be updated to support header display changes, are exempt from this requirement.\n[78 FR 16807, Mar. 19, 2013, as amended at 86 FR 46790, Aug. 20, 2021; 87 FR 34213, June 6, 2022]\n\nSubpart B—Election To Participate in Wireless Emergency Alerts System\nSource: 73 FR 54525, Sept. 22, 2008, unless otherwise noted.\n\n\n§ 10.210 WEA participation election procedures.\n\nLink to an amendment published at 88 FR 86837, Dec. 15, 2023.\n\nLink to a correction of the above amendment published at 89 FR 2885, Jan. 17, 2024.\n\nA CMS provider that elects to transmit WEA Alert Messages, in part or in whole as defined by § 10.10(k) and (l), shall electronically file with the Commission a letter attesting that the Provider:\nAgrees to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission; and\nCommits to support the development and deployment of technology for the “C” interface, the CMS provider Gateway, the CMS provider infrastructure, and mobile devices with WEA functionality and support of the CMS provider selected technology.\nA CMS provider that elects not to transmit WEA Alert Messages shall file electronically with the Commission a letter attesting to that fact.\nCMS providers shall file their election electronically to the docket.\n\n[73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018]\n\n§ 10.220 Withdrawal of election to participate in WEA.\nA CMS provider that elects to transmit WEA Alert Messages, in part or in whole, may withdraw its election without regulatory penalty or forfeiture if it notifies all affected subscribers as well as the Federal Communications Commission at least sixty (60) days prior to the withdrawal of its election. In the event that a carrier withdraws from its election to transmit WEA Alert Messages, the carrier must notify each affected subscriber individually in clear and conspicuous language citing the statute. Such notice must promptly inform the customer that he or she no longer could expect to receive alerts and of his or her right to terminate service as a result, without penalty or early termination fee. Such notice must facilitate the ability of a customer to automatically respond and immediately discontinue service.\n\n[78 FR 16807, Mar. 19, 2013]\n\n§ 10.230 New CMS providers participating in WEA.\nCMS providers who initiate service at a date after the election procedure provided for in § 10.210(d) and who elect to provide WEA Alert Messages, in part or in whole, shall file electronically their election to transmit in the manner and with the attestations described in § 10.210(a).\n\n[78 FR 16807, Mar. 19, 2013]\n§ 10.240 Notification to new subscribers of non-participation in WEA.\nA CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, to new subscribers of its non-election or partial election to provide Alert messages at the point-of-sale.\nThe point-of-sale includes stores, kiosks, third party reseller locations, web sites (proprietary or third party), and any other venue through which the CMS provider's devices and services are marketed or sold.\nCMS Providers electing to transmit alerts “in part” shall use the following notification:\nNOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service)\n\n[[CMS provider]] has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts.\n\nWireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service area, or if a subscriber is outside of the [[CMS provider]] service area. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting, please ask a sales representative, or go to [[CMS provider's URL]].\n\nNotice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service)\nCMS providers electing in whole not to transmit alerts shall use the following notification language: NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY\nALERTS (Commercial Mobile Alert Service)\n\n[[CMS provider]] presently does not transmit wireless emergency alerts. Notice required by FCC Rule 47 CFR\n10.240 (Commercial Mobile Alert Service).\n\n[73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018]\n\n§ 10.250 Notification to existing subscribers of non-participation in WEA.\nA CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, to existing subscribers of its non-election or partial election to provide Alert messages by means of an announcement amending the existing subscriber's service agreement.\nFor purposes of this section, a CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall use the notification language set forth in § 10.240 (c) or (d) respectively, except that the last line of the notice shall reference FCC Rule 47 CFR 10.250, rather than FCC Rule 47 CFR 10.240.\nIn the case of prepaid customers, if a mailing address is available, the CMS provider shall provide the required notification via U.S. mail. If no mailing address is available, the CMS provider shall use any reasonable method at its disposal to alert the customer to a change in the terms and conditions of service and directing the subscriber to voice-based notification or to a Web site providing the required notification.\n[73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013]\n\n§ 10.260 Timing of subscriber notification.\nA CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, must comply with §§ 10.240 and 10.250 no later than 60 days following an announcement by the Commission that the Alert Aggregator/ Gateway system is operational and capable of delivering emergency alerts to participating CMS providers.\n\n[78 FR 16807, Mar. 19, 2013]\n\n§ 10.270 Subscribers' right to terminate subscription.\nIf a CMS provider that has elected to provide WEA Alert Messages in whole or in part thereafter chooses to cease providing such alerts, either in whole or in part, its subscribers may terminate their subscription without penalty or early termination fee.\n\n[78 FR 16807, Mar. 19, 2013]\n\n§ 10.280 Subscribers' right to opt out of WEA notifications.\nCMS providers may provide their subscribers with the option to opt out of the “Child Abduction Emergency/AMBER Alert,” “Imminent Threat Alert” and “Public Safety Message” classes of Alert Messages.\nCMS providers shall provide their subscribers with a clear indication of what each option means, and provide examples of the types of messages the customer may not receive as a result of opting out.\n\n[73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75725, Nov. 1, 2016]\n\nSubpart C—System Architecture\n§ 10.300 Alert aggregator. [Reserved]\n§ 10.310 Federal alert gateway. [Reserved]\n§ 10.320 Provider alert gateway requirements.\nThis section specifies the functions that each Participating Commercial Mobile Service provider is required to support and perform at its CMS provider gateways.\n\nGeneral. The CMS provider gateway must provide secure, redundant, and reliable connections to receive Alert Messages from the Federal alert gateway. Each CMS provider gateway must be identified by a unique IP address or domain name.\nAuthentication and validation. The CMS provider gateway must authenticate interactions with the Federal alert gateway, and validate Alert Message integrity and parameters. The CMS provider gateway must provide an error message immediately to the Federal alert gateway if a validation fails.\nSecurity. The CMS provider gateway must support standardized IP-based security mechanisms such as a firewall, and support the defined WEA “C” interface and associated protocols between the Federal alert gateway and the CMS provider gateway.\nGeographic targeting. The CMS provider gateway must determine whether the provider has elected to transmit an Alert Message within a specified alert area and, if so, map the Alert Message to an associated set of transmission sites.\nMessage management —\nFormatting. The CMS provider gateway is not required to perform any formatting, reformatting, or translation of an Alert Message, except for transcoding a text, audio, video, or multimedia file into the format supported by mobile devices.\nReception. The CMS provider gateway must support a mechanism to stop and start Alert Message deliveries from the Federal alert gateway to the CMS provider gateway.\nPrioritization. The CMS provider gateway must process an Alert Message on a first in-first out basis except for National Alerts, which must be processed before all non-National Alerts.\nDistribution. A Participating CMS provider must deploy one or more CMS provider gateways to support distribution of Alert Messages and to manage Alert Message traffic.\nRetransmission. The CMS provider gateway must manage and execute Alert Message retransmission, and support a mechanism to manage congestion within the CMS provider's infrastructure.\nCMS provider profile. The CMS provider gateway will provide profile information on the CMS provider for the Federal alert gateway to maintain at the Federal alert gateway. This profile information must be provided by an authorized CMS provider representative to the Federal alert gateway administrator. The profile information must include the data listed in Table 10.320(f) and must comply with the following procedures:\nThe information must be provided 30 days in advance of the date when the CMS provider begins to transmit WEA alerts.\nUpdates of any CMS provider profiles must be provided in writing at least 30 days in advance of the effective change date.\nTable 10.320(f)—CMSP Profile on Federal Alert Gateway\n\n\n\nAlert logging. The CMS provider gateway must perform the following functions:\nLogging requirements. Log the CMAC attributes of all Alert Messages received at the CMS Provider Alert Gateway, including time stamps that verify when the message is received, and when it is retransmitted or rejected by the Participating CMS Provider Alert Gateway. If an Alert Message is rejected, a Participating CMS Provider is required to log the specific error code generated by the rejection.\nMaintenance of logs. Participating CMS Providers are required to maintain a log of all active and cancelled Alert Messages for at least 12 months after receipt of such alert or cancellation.\nAvailability of logs. Participating CMS Providers are required to make their alert logs available to the Commission and FEMA upon request. Participating CMS Providers are also required to make alert logs available to emergency management agencies that offer confidentiality protection at least equal to that provided by the federal Freedom of Information Act (FOIA) upon request, but only insofar as those logs pertain to Alert Messages initiated by that emergency management agency.\n\n[73 FR 43117, July 24, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75725, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021]\n\n§ 10.330 Provider infrastructure requirements.\nThis section specifies the general functions that a Participating CMS Provider is required to perform within their infrastructure. Infrastructure functions are dependent upon the capabilities of the delivery technologies implemented by a Participating CMS Provider.\n\nDistribution of Alert Messages to mobile devices. Authentication of interactions with mobile devices.\nReference Points D & E. Reference Point D is the interface between a CMS Provider gateway and its infrastructure. Reference Point E is the interface between a provider's infrastructure and mobile devices including air interfaces. Reference Points D and E protocols are defined and controlled by each Participating CMS Provider.\n§ 10.340 Digital television transmission towers retransmission capability.\nLicensees and permittees of noncommercial educational broadcast television stations (NCE) or public broadcast television stations (to the extent such stations fall within the scope of those terms as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) are required to install on, or as part of, any broadcast television digital signal transmitter, equipment to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit WEA alerts. Such equipment and technologies must have the capability of allowing licensees and permittees of NCE and public broadcast television stations to receive WEA alerts from the Alert Gateway over an alternate, secure interface and then to transmit such WEA alerts to CMS Provider Gateways of participating CMS providers. This equipment must be installed no later than eighteen months from the date of receipt of funding permitted under section 606(b) of the WARN Act or 18 months from the effective date of these rules, whichever is later.\n\n[78 FR 16808, Mar. 19, 2013]\n\n§ 10.350 WEA testing and proficiency training requirements.\n\nLink to an amendment published at 88 FR 86837, Dec. 15, 2023.\nThis section specifies the testing that is required of Participating CMS Providers.\n\nRequired monthly tests. Testing of the WEA from the Federal Alert Gateway to each Participating CMS Provider's infrastructure shall be conducted monthly.\nA Participating CMS Provider's Gateway shall support the ability to receive a required monthly test (RMT) message initiated by the Federal Alert Gateway Administrator.\nParticipating CMS Providers shall schedule the distribution of the RMT to their WEA coverage area over a 24 hour period commencing upon receipt of the RMT at the CMS Provider Gateway.\nParticipating CMS Providers shall determine the method to distribute the RMTs, and may schedule over the 24 hour period the delivery of RMTs over geographic subsets of their coverage area to manage traffic loads and to accommodate maintenance windows.\nA Participating CMS Provider may forego an RMT if the RMT is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the RMT. A Participating CMS Provider Gateway shall indicate such an unforeseen condition by a response code to the Federal Alert Gateway.\nThe RMT shall be initiated only by the Federal Alert Gateway Administrator using a defined test message. Real event codes or alert messages shall not be used for the WEA RMT message.\nA Participating CMS Provider shall distribute an RMT within its WEA coverage area within 24 hours of receipt by the CMS Provider Gateway unless pre-empted by actual alert traffic or unable due to an unforeseen condition.\nA Participating CMS Provider may provide mobile devices with the capability of receiving RMT messages.\nA Participating CMS Provider must retain an automated log of RMT messages received by the CMS Provider Gateway from the Federal Alert Gateway.\nPeriodic C interface testing. In addition to the required monthly tests, a Participating CMS Provider must participate in periodic testing of the interfaces between the Federal Alert Gateway and its CMS Provider Gateway, including the public television broadcast-based backup to the C-interface. This periodic interface testing is not intended to test the CMS Provider's infrastructure nor the mobile devices but rather is required to ensure the availability/viability of both gateway functions. Each CMS Provider Gateway shall send an acknowledgement to the Federal Alert Gateway upon receipt of such interface test messages.\nReal event codes or Alert Messages shall not be used for this periodic interface testing.\nState/Local WEA Testing. A Participating CMS Provider must support State/Local WEA Tests in a manner that complies with the Alert Message Requirements specified in Subpart D.\nA Participating CMS Provider's Gateway shall support the ability to receive a State/Local WEA Test message initiated by the Federal Alert Gateway Administrator.\nA Participating CMS Provider shall immediately transmit a State/Local WEA Test to the geographic area specified by the alert originator.\nA Participating CMS Provider may forego a State/Local WEA Test if the State/Local WEA Test is pre- empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the State/Local WEA Test. If a Participating CMS Provider Gateway forgoes a State/Local WEA Test, it shall send a response code to the Federal Alert Gateway indicating the reason.\nParticipating CMS Providers shall provide their subscribers with the option to opt in to receive State/ Local WEA Tests.\n\n[73 FR 47558, Aug. 14, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75726, Nov. 1, 2016]\n\nSubpart D—Alert Message Requirements\n§ 10.400 Classification.\nA Participating CMS Provider is required to receive and transmit four classes of Alert Messages: Presidential Alert; Imminent Threat Alert; Child Abduction Emergency/AMBER Alert; and Public Safety Message.\n\nNational Alert. A National Alert is an alert issued by the President of the United States or the President's authorized designee, or by the Administrator of FEMA. National Alerts may be either nationwide or regional in distribution.\nImminent Threat Alert. An Imminent Threat Alert is an alert that meets a minimum value for each of three CAP elements: Urgency, Severity, and Certainty.\nUrgency. The CAP Urgency element must be either Immediate (i.e., responsive action should be taken immediately) or Expected (i.e., responsive action should be taken soon, within the next hour).\nSeverity. The CAP Severity element must be either Extreme (i.e., an extraordinary threat to life or property) or Severe (i.e., a significant threat to life or property).\nCertainty. The CAP Certainty element must be either Observed (i.e., determined to have occurred or to be ongoing) or Likely (i.e., has a probability of greater than 50 percent).\nChild Abduction Emergency/AMBER Alert.\nAn AMBER Alert is an alert initiated by a local government official based on the U.S. Department of Justice's five criteria that should be met before an alert is activated:\nLaw enforcement confirms a child has been abducted; The child is 17 years or younger;\nLaw enforcement believes the child is in imminent danger of serious bodily harm or death;\nThere is enough descriptive information about the victim and the abduction to believe an immediate broadcast alert will help; and\nThe child's name and other data have been entered into the National Crime Information Center.\nThere are four types of AMBER Alerts: Family Abduction; Non-family Abduction; Lost, Injured or Otherwise Missing; and Endangered Runaway.\nFamily Abduction. A Family Abduction (FA) alert involves an abductor who is a family member of the abducted child such as a parent, aunt, grandfather, or stepfather.\nNonfamily Abduction. A Nonfamily Abduction (NFA) alert involves an abductor unrelated to the abducted child, either someone unknown to the child and/or the child's family or an acquaintance/friend of the child and/or the child's family.\nLost, Injured, or Otherwise Missing. A Lost, Injured, or Otherwise Missing (LIM) alert involves a case where the circumstances of the child's disappearance are unknown.\nEndangered Runaway. An Endangered Runaway (ERU) alert involves a missing child who is believed to have run away and in imminent danger.\nPublic Safety Message. A Public Safety Message is an essential public safety advisory that prescribes one or more actions likely to save lives and/or safeguard property during an emergency. A Public Safety Message may only be issued in connection with an Alert Message classified in paragraphs (a), (b) or (c) of this section.\n\n[73 FR 43117, July 24, 2008, as amended at 81 FR 75726, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021]\n\n§ 10.410 Prioritization.\nA Participating CMS Provider is required to transmit National Alerts upon receipt. National Alerts preempt all other Alert Messages. A Participating CMS Provider is required to transmit Imminent Threat Alerts, AMBER Alerts and Public Safety Messages on a first in-first out (FIFO) basis.\n\n[86 FR 46790, Aug. 20, 2021]\n\n§ 10.420 Message elements.\nA WEA Alert Message processed by a Participating CMS Provider shall include five mandatory CAP elements—Event Type; Area Affected; Recommended Action; Expiration Time (with time zone); and Sending Agency. This requirement does not apply to National Alerts.\n\n[86 FR 46790, Aug. 20, 2021]\n\n§ 10.430 Character limit.\nA Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 360 characters of alphanumeric text. If, however, some or all of a Participating CMS Provider's network infrastructure is technically incapable of supporting the transmission of a 360-character maximum Alert Message, then that Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 90 characters of alphanumeric text on and only on those elements of its network incapable of supporting a 360 character Alert Message.\n\n[81 FR 75726, Nov. 1, 2016]\n\n§ 10.441 Embedded references.\nParticipating CMS Providers are required to support Alert Messages that include an embedded Uniform Resource Locator (URL), which is a reference (an address) to a resource on the Internet, or an embedded telephone number.\n\n[81 FR 75726, Nov. 1, 2016]\n§ 10.450 Geographic targeting.\nThis section establishes minimum requirements for the geographic targeting of Alert Messages.\n\nThis section establishes minimum requirements for the geographic targeting of Alert Messages. A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must deliver any Alert Message that is specified by a circle or polygon to an area that matches the specified circle or polygon. A Participating CMS Provider is considered to have matched the target area when they deliver an Alert Message to 100 percent of the target area with no more than 0.1 of a mile overshoot. If some or all of a Participating CMS Provider's network infrastructure is technically incapable of matching the specified target area, then that Participating CMS Provider must deliver the Alert Message to an area that best approximates the specified target area on and only on those aspects of its network infrastructure that are incapable of matching the target area. A Participating CMS Provider's network infrastructure may be considered technically incapable of matching the target area in limited circumstances, including when the target area is outside of the Participating CMS Provider's network coverage area, when mobile devices have location services disabled, and when legacy networks or devices cannot be updated to support this functionality.\nUpon request from an emergency management agency, a Participating CMS Provider will disclose information regarding their capabilities for geo-targeting Alert Messages. A Participating CMS Provider is only required to disclose this information to an emergency management agency insofar as it would pertain to Alert Messages initiated by that emergency management agency, and only so long as the emergency management agency offers confidentiality protection at least equal to that provided by the federal FOIA.\nIn matching the target area, Participating CMS Providers may not limit the availability of 360 characters for the Alert Message text.\n\n[81 FR 75726, Nov. 1, 2016, as amended at 83 FR 8623, Feb. 28, 2018]\n\n§ 10.460 Retransmission frequency. [Reserved]\n§ 10.470 Roaming.\nWhen, pursuant to a roaming agreement (see § 20.12 of this chapter), a subscriber receives services from a roamed-upon network of a Participating CMS Provider, the Participating CMS Provider must support WEA alerts to the roaming subscriber to the extent the subscriber's mobile device is configured for and technically capable of receiving WEA alerts.\n\n[78 FR 16808, Mar. 19, 2013]\n\n§ 10.480 Language support.\n\nLink to an amendment published at 88 FR 86837, Dec. 15, 2023.\n\nParticipating CMS Providers are required to transmit WEA Alert Messages that are issued in the Spanish language or that contain Spanish-language characters.\n[81 FR 75726, Nov. 1, 2016]\n\nSubpart E—Equipment Requirements\n§ 10.500 General requirements.\n\nLink to an amendment published at 88 FR 86837, Dec. 15, 2023.\n\nWEA mobile device functionality is dependent on the capabilities of a Participating CMS Provider's delivery technologies. Mobile devices are required to perform the following functions:\n\nAuthentication of interactions with CMS Provider infrastructure. Monitoring for Alert Messages.\nMaintaining subscriber alert opt-out selections, if any. Maintaining subscriber alert language preferences, if any.\nExtraction of alert content in English or the subscriber's preferred language, if applicable.\nPresentation of alert content to the device, consistent with subscriber opt-out selections. National Alerts must always be presented.\nDetection and suppression of presentation of duplicate alerts.\nPreservation of Alert Messages in a consumer-accessible format and location for at least 24 hours or until deleted by the subscriber.\n\n[73 FR 43117, July 24, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018; 86 FR 46790, Aug. 20, 2021]\n\n§ 10.510 Call preemption prohibition.\nDevices marketed for public use under part 10 must present an Alert Message as soon as they receive it, but may not enable an Alert Message to preempt an active voice or data session. If a mobile device receives a WEA Alert Message during an active voice or data session, the user may be given the option to control how the Alert Message is presented on the mobile device with respect to the use of the common vibration cadence and audio attention signal.\n\n[81 FR 75726, Nov. 1, 2016]\n\n§ 10.520 Common audio attention signal.\nA Participating CMS Provider and equipment manufacturers may only market devices for public use under part 10 that include an audio attention signal that meets the requirements of this section.\n\nThe audio attention signal must have a temporal pattern of one long tone of two (2) seconds, followed by two short tones of one (1) second each, with a half (0.5) second interval between each tone. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition.\nFor devices that have polyphonic capabilities, the audio attention signal must consist of the fundamental frequencies of 853 Hz and 960 Hz transmitted simultaneously.\nFor devices with only a monophonic capability, the audio attention signal must be 960 Hz.\n\nNo person may transmit or cause to transmit the WEA common audio attention signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test, except as designed and used for Public Service Announcements (PSAs) by federal, state, local, tribal and territorial entities, and non-governmental organizations in coordination with those entities, to raise public awareness about emergency alerting, provided that the entity presents the PSA in a non-misleading manner, including by explicitly stating that the emergency alerting attention signal is being used in the context of a PSA for the purpose of educating the viewing or listening public about emergency alerting.\nIf the Administrator of the Federal Emergency Management Agency (FEMA) or a State, local, Tribal, or territorial government entity becomes aware of transmission of a WEA false alert to the public, they are encouraged to send an email to the Commission at the FCC Ops Center at FCCOPS@fcc.gov, informing the Commission of the event and of any details that they may have concerning the event.\nA device may include the capability to mute the audio attention signal.\n\n[73 FR 43117, July 24, 2008, as amended at 81 FR 75727, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021; 87 FR 34213, June 6, 2022]\n\n§ 10.530 Common vibration cadence.\nA Participating CMS Provider and equipment manufacturers may only market devices for public use under part 10 that include a vibration cadence capability that meets the requirements of this section.\n\nThe vibration cadence must have a temporal pattern of one long vibration of two (2) seconds, followed by two short vibrations of one (1) second each, with a half (0.5) second interval between each vibration. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition.\nThe vibration cadence must be restricted to use for Alert Messages under part 10. A device may include the capability to mute the vibration cadence.\n§ 10.540 Attestation requirement. [Reserved]"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"h"}}},{"rowIdx":33,"cells":{"Content":{"kind":"string","value":"47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR Part 65 (Feb. 20, 2024)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 65 Interstate Rate of Return Prescription, Procedures, and Methodologies\n Subpart A General\n § 65.1 Application of part 65.\n Subpart B Procedures\n § 65.100 Participation and acceptance of service designation.\n § 65.101 Initiation of unitary rate of return prescription proceedings.\n § 65.102 Petitions for exclusion from unitary treatment and for individual treatment in\n determining authorized return for interstate exchange access service.\n § 65.103 Procedures for filing rate of return submissions.\n § 65.104 Page limitations for rate of return submissions.\n § 65.105 Discovery.\n Subpart C Exchange Carriers\n § 65.300 Calculations of the components and weights of the cost of capital.\n § 65.301 Cost of equity.\n § 65.302 Cost of debt.\n § 65.303 Cost of preferred stock.\n § 65.304 Capital structure.\n § 65.305 Calculation of the weighted average cost of capital.\n § 65.306 Calculation accuracy.\n § 65.450 Net income.\n Subpart D Interexchange Carriers\n § 65.500 Net income.\n Subpart E Rate of Return Reports\n § 65.600 Rate of return reports.\n Subpart F Maximum Allowable Rates of Return\n § 65.700 Determining the maximum allowable rate of return.\n § 65.701 Period of review.\n § 65.702 Measurement of interstate service earnings.\n Subpart G Rate Base\n § 65.800 Rate base.\n § 65.810 Definitions.\n § 65.820 Included items.\n § 65.830 Deducted items.\n\n47 CFR Part 65 (Feb. 20, 2024) (enhanced display) page 1 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\nPART 65—INTERSTATE RATE OF RETURN PRESCRIPTION,\nPROCEDURES, AND METHODOLOGIES\nAuthority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted.\n\nSubpart A—General\n§ 65.1 Application of part 65.\n (a) This part establishes procedures and methodologies for Commission prescription of an authorized\n unitary interstate exchange access rate of return and individual rates of return for the interstate exchange\n access rates of certain carriers pursuant to § 65.102. This part shall apply to those interstate services of\n local exchange carriers as the Commission shall designate by rule or order, except that all local exchange\n carriers shall provide to the Commission that information which the Commission requests for purposes of\n conducting prescription proceedings pursuant to this part.\n\n (b) Local exchange carriers subject to §§ 61.41 through 61.49 of this chapter are exempt from the\n requirements of this part with the following exceptions:\n\n (1) Except as otherwise required by Commission order, carriers subject to §§ 61.41 through 61.49 of this\n chapter shall employ the rate of return value calculated for interstate access services in complying\n with any applicable rules under parts 36 and 69 that require a return component;\n\n (2) Carriers subject to §§ 61.41 through 61.49 of this chapter shall be subject to § 65.600(d);\n\n (3) Carriers subject to §§ 61.41 through 61.49 of this chapter shall continue to comply with the\n prescribed rate of return when offering any services specified in § 61.42(f) of this chapter unless the\n Commission otherwise directs; and\n\n (4) Carriers subject to §§ 61.41 through 61.49 of this chapter shall comply with Commission\n information requests made pursuant to § 65.1(a).\n\n[60 FR 28543, June 1, 1995]\n\n\nSubpart B—Procedures\n§ 65.100 Participation and acceptance of service designation.\n (a) All interstate exchange access carriers, their customers, and any member of the public may participate in\n rate of return proceedings to determine the authorized unitary interstate exchange access or individual\n interstate exchange access rates of return authorized pursuant to § 65.102.\n\n (b) Participants shall state in their initial pleading in a prescription proceeding whether they wish to receive\n service of documents and other material filed in the proceeding. Participants that wish to receive service\n by hand on the filing dates when so required by this part 65 shall specify in their initial pleading in a\n prescription proceeding, as specified in § 65.103 (b) and (c), an agent for acceptance of service by hand\n in the District of Columbia. The participant may elect in its pleading to receive service by mail or upon an\n agent at another location. When such an election is made, other participants need not complete service\n on the filing date, and requests for extension of time due to delays in completion of service will not be\n entertained.\n\n\n47 CFR 65.100(b) (enhanced display) page 2 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.101\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n[60 FR 28544, June 1, 1995]\n\n\n§ 65.101 Initiation of unitary rate of return prescription proceedings.\n (a) Whenever the Commission determines that the monthly average yields on ten (10) year United States\n Treasury securities remain, for a consecutive six (6) month period, at least 150 basis points above or\n below the average of the monthly average yields in effect for the consecutive six (6) month period\n immediately prior to the effective date of the current prescription, the Commission shall issue a notice\n inquiring whether a rate of return prescription according to this part should commence. This notice shall\n state:\n\n (1) The deadlines for filing initial and reply comments regarding the notice;\n\n (2) The cost of debt, cost of preferred stock, and capital structure computed in accordance with §§\n 65.302, 65.303, and 65.304; and\n\n (3) Such other information as the Commission may deem proper.\n\n (b) Based on the information submitted in response to the notice described in § 65.101(a), and on any other\n information specifically identified, the Commission may issue a notice initiating a prescription proceeding\n pursuant to this part.\n\n (c) The Chief, Wireline Competition Bureau, may issue the notice described in § 65.101(a).\n\n[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]\n\n\n§ 65.102 Petitions for exclusion from unitary treatment and for individual treatment in\ndetermining authorized return for interstate exchange access service.\n (a) Exclusion from unitary treatment will be granted for a period of two years if the cost of capital for\n interstate exchange service is so low as to be confiscatory because it is outside the zone of\n reasonableness for the individual carrier's required rate of return for interstate exchange access services.\n\n (b) A petition for exclusion from unitary treatment and for individual treatment must plead with particularity\n the exceptional facts and circumstances that justify individual treatment. The showing shall include a\n demonstration that the exceptional facts and circumstances are not of transitory effect, such that\n exclusion for a period of a least two years is justified.\n\n (c) A petition for exclusion from unitary treatment and for individual treatment may be filed at any time. When\n a petition is filed at a time other than that specified in § 65.103(b)(2), the petitioner must provide\n compelling evidence that its need for individual treatment is not simply the result of short-term\n fluctuations in the cost of capital or similar events.\n\n[60 FR 28544, June 1, 1995]\n\n\n§ 65.103 Procedures for filing rate of return submissions.\n (a) Rate of return submissions listed in § 65.103 (b)(1) and (c) may include any relevant information, subject\n to the page limitations of § 65.104. The Chief, Wireline Competition Bureau, may require from carriers\n providing interstate services, and from other participants submitting rate of return submissions, data,\n studies or other information that are reasonably calculated to lead to a full and fair record.\n\n\n47 CFR 65.103(a) (enhanced display) page 3 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.103(b)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n (b) In proceedings to prescribe an authorized unitary rate of return on interstate access services, interested\n parties may file direct case submissions, responses, and rebuttals. Direct case submissions shall be filed\n within sixty (60) calendar days following the effective date of a Commission notice initiating a rate of\n return proceeding pursuant to § 65.101(b). Rate of return submissions responsive to the direct case\n submissions shall be filed within sixty (60) calendar days after the deadline for filing direct case\n submissions. Rebuttal submissions shall be field within twenty-one (21) calendar days after the deadline\n for filing responsive submissions.\n\n (c) Petitions for exclusion from unitary treatment and for individual treatment may be filed on the same date\n as the deadline for filing responsive rate of return submissions. Oppositions shall be filed within 35\n calendar days thereafter. Rebuttal submissions shall be filed within 21 calendar days after the deadline\n for filing responsive submissions.\n\n (d) An original and 4 copies of all rate of return submissions shall be filed with the Secretary.\n\n (e) The filing party shall serve a copy of each rate of return submission, other than an initial submission, on all\n participants who have filed a designation of service notice pursuant to § 65.100(b).\n\n[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]\n\n\n§ 65.104 Page limitations for rate of return submissions.\nRate of return submissions, including all argument, attachments, appendices, supplements, and supporting\nmaterials, such as testimony, data and documents, but excluding tables of contents and summaries of argument,\nshall be subject to the following double spaced typewritten page limits:\n\n (a) The direct case submission of any participant shall not exceed 70 pages in length.\n\n (b) The responsive submission of any participant shall not exceed 70 pages in length.\n\n (c) The rebuttal submission of any participant shall not exceed 50 pages in length.\n\n (d) Petitions for exclusion from unitary treatment shall not exceed 70 pages in length. Oppositions to\n petitions for exclusion shall not exceed 50 pages in length. Rebuttals shall not exceed 35 pages in length.\n\n[60 FR 28544, June 1, 1995]\n\n\n§ 65.105 Discovery.\n (a) Participants shall file with each rate of return submission copies of all information, including studies,\n financial analysts' reports, and any other documents relied upon by participants or their experts in the\n preparation of their submission. Information filed pursuant to this paragraph for which protection from\n disclosure is sought shall be filed subject to protective orders which shall be duly granted by the Chief,\n Wireline Competition Bureau, for good cause shown.\n\n (b) Participants may file written interrogatories and requests for documents directed to any rate of return\n submission and not otherwise filed pursuant to § 65.105(a). The permissible scope of examination is that\n participants may be examined upon any matter, not privileged, that will demonstrably lead to the\n production of material, relevant, decisionally significant evidence.\n\n\n\n\n47 CFR 65.105(b) (enhanced display) page 4 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.105(c)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n (c) Discovery requests pursuant to § 65.105(b), including written interrogatories, shall be filed within 14\n calendar days after the filing of the rate of return submission to which the request is directed. Discovery\n requests that are not opposed shall be complied with within 14 calendar days of the request date.\n\n (d) Oppositions to discovery requests made pursuant to § 65.105(b), including written interrogatories, shall\n be filed within 7 calendar days after requests are filed. The Chief, Wireline Competition Bureau, shall rule\n upon any such opposition. Except as stayed by the Commission or a Court, any required response to a\n discovery request that is opposed shall be provided within 14 calendar days after release of the ruling of\n the Chief, Wireline Competition Bureau.\n\n (e) An original and 4 copies of all information described in § 65.105(a) and all requests, oppositions, and\n responses made pursuant to § 65.105 (a), (b) and (d) shall be filed with the Secretary.\n\n (f) Service of requests, oppositions, and responses made pursuant to § 65.105 (b) and (d) shall be made\n upon all participants who have filed a designation of service notice pursuant to § 65.100(b). Service of\n requests upon participants who have filed designation of service notices pursuant to § 65.100(b) shall be\n made by hand on the filing dates thereof.\n\n[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]\n\n\nSubpart C—Exchange Carriers\n§ 65.300 Calculations of the components and weights of the cost of capital.\n (a) Sections 65.301 through 65.303 specify the calculations that are to be performed in computing cost of\n debt, cost of preferred stock, and financial structure weights for prescription proceedings. The\n calculations shall determine, where applicable, a composite cost of debt, a composite cost of preferred\n stock, and a composite financial structure for all local exchange carriers with annual revenues equal to or\n above the indexed revenue threshold as defined in § 32.9000. The calculations shall be based on data\n reported to the Commission in FCC Report 43–02. (See 47 CFR 43.21). The results of the calculations\n shall be used in the represcription proceeding to which they relate unless the record in that proceeding\n shows that their use would be unreasonable.\n\n (b) Excluded from cost of capital calculations made pursuant to § 65.300 shall be those sources of financing\n that are not investor supplied, or that are otherwise subtracted from a carrier's rate base pursuant to\n Commission orders governing the calculation of net rate base amounts in tariff filings that are made\n pursuant to section 203 of the Communications Act of 1934, 47 U.S.C. 203, or that were treated as “zero\n cost” sources of financing in section 450 and subpart G of this part 65. Specifically excluded are:\n accounts payable, accrued taxes, accrued interest, dividends payable, deferred credits and operating\n reserves, deferred taxes and deferred tax credits.\n\n[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]\n\n\n§ 65.301 Cost of equity.\nThe cost of equity shall be determined in represcription proceedings after giving full consideration to the evidence\nin the record, including such evidence as the Commission may officially notice.\n\n[60 FR 28545, June 1, 1995]\n\n\n\n47 CFR 65.301 (enhanced display) page 5 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.302\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n§ 65.302 Cost of debt.\nThe formula for determining the cost of debt is equal to:\n\n\n\n\n Where:\n\n “Total Annual Interest Expense” is the total interest expense for the most recent year for all local exchange\n carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 of this\n chapter.\n\n “Average Outstanding Debt” is the average of the total debt outstanding at the beginning and at the end of the\n most recent year for all local exchange carriers with annual revenues equal to or above the indexed revenue\n threshold as defined in § 32.9000 of this chapter.\n\n[81 FR 24344, Apr. 25, 2016]\n\n\n§ 65.303 Cost of preferred stock.\nThe formula for determining the cost of preferred stock is:\n\n\n\n\n Where:\n\n “Total Annual Preferred Dividends” is the total dividends on preferred stock for the most recent two years for all\n local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in §\n 32.9000. “Proceeds from the Issuance of Preferred Stock” is the average of the total net proceeds from the\n issuance of preferred stock for the most recent two years for all local exchange carriers with annual revenues\n equal to or above the indexed revenue threshold as defined in § 32.9000.\n\n[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]\n\n\n§ 65.304 Capital structure.\nThe proportion of each cost of capital component in the capital structure is equal to:\n\nProportion in the capital structure =\n\n\n\n\n Where:\n\n\n47 CFR 65.304 (enhanced display) page 6 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.305\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n “Book Value of particular component” is the total of the book values of that component for all local exchange\n carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000.\n\n “Book Value of Debt + Book Value of Preferred Stock + Book Value of Equity” is the total of the book values of\n all the components for all local exchange carriers with annual revenues equal to or above the indexed revenue\n threshold as defined in § 32.9000.\n\n The total of all proportions shall equal 1.00.\n\n[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]\n\n\n§ 65.305 Calculation of the weighted average cost of capital.\n (a) The composite weighted average cost of capital is the sum of the cost of debt, the cost of preferred stock,\n and the cost of equity, each weighted by its proportion in the capital structure of the telephone\n companies.\n\n (b) Unless the Commission determines to the contrary in a prescription proceeding, the composite weighted\n average cost of debt and cost of preferred stock is the composite weight computed in accordance with §\n 65.304 multiplied by the composite cost of the component computed in accordance with § 65.301 or §\n 65.302, as applicable. The composite weighted average cost of equity will be determined in each\n prescription proceeding.\n\n[60 FR 28546, June 1, 1995]\n\n\n§ 65.306 Calculation accuracy.\nIn a prescription proceeding, the final determinations of the cost of equity, cost of debt, cost of preferred stock and\ntheir capital structure weights shall be accurate to two decimal places.\n\n[60 FR 28546, June 1, 1995]\n\n\n§ 65.450 Net income.\n (a) Net income shall consist of all revenues derived from the provision of interstate telecommunications\n services regulated by this Commission less expenses recognized by the Commission as necessary to the\n provision of these services. The calculation of expenses entering into the determination of net income\n shall include the interstate portion of plant specific operations (Accounts 6110–6441), plant nonspecific\n operations (Accounts 6510–6565), customer operations (Accounts 6610–6623), corporate operations\n (Accounts 6720–6790), other operating income and expense (Account 7100), and operating taxes\n (Accounts 7200–7250), except to the extent this Commission specifically provides to the contrary.\n\n (b) Gains and losses related to the disposition of plant in service items, shall be handled as follows:\n\n (1) Gains related to property sold to others and leased back under finance leases for use in\n telecommunications services shall be recorded in Account 4300, Other long-term liabilities and\n deferred credits, and credited to Account 6563, Amortization expense—tangible, over the\n amortization period established for the finance lease;\n\n\n\n47 CFR 65.450(b)(1) (enhanced display) page 7 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.450(b)(2)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n (2) Gains or losses related to the disposition of land and other nondepreciable items recorded in\n Account 7100 (Other operating income and expense) shall be included in net income for ratemaking\n purposes, but adjusted to reflect the relative amount of time such property was used in regulated\n operations and included in the rate base; and\n\n (3) Proceeds related to the disposition of property depreciated on a group basis and used jointly in\n regulated and nonregulated activities, including sale-leaseback arrangements for property\n depreciated on a group basis, shall be credited to the related reserves and attributed to regulated\n and nonregulated in proportion to the accumulated regulated and nonregulated depreciation for that\n group.\n\n (c) Gains or losses related to the disposition of property that was never included in the rate base shall not be\n considered for ratemaking purposes.\n\n (d) Except for the allowance for funds used during construction, reasonable charitable deductions and\n interest related to customer deposits, the amounts recorded as nonoperating income and expenses and\n taxes (Accounts 7300 and 7400) and interest and related items (Account 7500) and extraordinary items\n (Account 7600) shall not be included unless this Commission specifically determines that particular items\n recorded in those accounts shall be included.\n\n[53 FR 1029, Jan. 15, 1988, as amended at 60 FR 12139, Mar. 6, 1995; 67 FR 5702, Feb. 6, 2002; 69 FR 53652, Sept. 2, 2004; 84 FR\n4733, Feb. 19, 2019]\n\n\nSubpart D—Interexchange Carriers\n§ 65.500 Net income.\nThe net income methodology specified in § 65.450 shall be utilized by all interexchange carriers that are so\ndesignated by Commission order.\n\n[60 FR 28546, June 1, 1995]\n\n\nSubpart E—Rate of Return Reports\n§ 65.600 Rate of return reports.\n (a) Subpart E shall apply to those interstate communications common carriers and exchange carriers that are\n so designated by Commission order.\n\n (b) Each local exchange carrier or group of affiliated carriers which is not subject to §§ 61.41 through 61.49\n of this chapter and which has filed individual access tariffs during the preceding enforcement period shall\n file with the Commission within three (3) months after the end of each calendar year, an annual rate of\n return monitoring report which shall be the enforcement period report. Reports shall be filed on the\n appropriate report form prescribed by the Commission (see § 1.795 of this chapter) and shall provide full\n and specific answers to all questions propounded and information requested in the currently effective\n report form. The number of copies to be filed shall be specified in the applicable report form. At least one\n copy of the report shall be signed on the signature page by the responsible officer. A copy of each report\n shall be retained in the principal office of the respondent and shall be filed in such a manner as to be\n readily available for reference and inspection. Final adjustments to the enforcement period report shall be\n made by September 30 of the year following the enforcement period to ensure that any refunds can be\n properly reflected in an annual access filing.\n\n47 CFR 65.600(b) (enhanced display) page 8 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.600(c)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n (c) Each interexchange carrier subject to §§ 61.41 through 61.49 shall file with the Commission, within three\n (3) months after the end of each calendar year, the total interstate rate of return for that year for all\n interstate services subject to regulation by the Commission. Each such filing shall include a report of the\n total revenues, total expenses and taxes, operating income, and the rate base. A copy of the filing shall be\n retained in the principal office of the respondent and shall be filed in such manner as to be readily\n available for reference and inspection.\n\n (d)\n\n (1) Each local exchange carrier or group of affiliated carriers subject to §§ 61.41 through 61.49 of this\n chapter shall file with the Commission within three (3) months after the end of each calendar year a\n report of its total interstate rate of return for that year. Such filings shall include a report of the total\n revenues, total expenses and taxes, operating income, and the rate base. Reports shall be filed on\n the appropriate form prescribed by the Commission (see § 1.795 of this chapter) and shall provide\n full and specific answers to all questions propounded and information requested in the currently\n effective form. The number of copies to be filed shall be specified in the applicable report form. At\n least one copy of the report shall be retained in the principal office of the respondent and shall be\n filed in such manner as to be readily available for reference and inspection.\n\n (2) Each local exchange carrier or group of affiliated carriers subject to §§ 61.41 through 61.49 of this\n chapter shall file with the Commission within fifteen (15) months after the end of each calendar year\n a report reflecting any corrections or modifications to the report filed pursuant to paragraph (d)(1) of\n this section. Reports shall be filed on the appropriate form prescribed by the Commission (see §\n 1.795 of this chapter) and shall provide full and specific answers to all questions propounded and\n information requested in the currently effective form. The number of copies to be filed shall be\n specified in the applicable report form. At least one copy of the report shall be retained in the\n principal office of the respondent and shall be filed in such manner as to be readily available for\n reference and inspection.\n\n[52 FR 274, Jan. 5, 1987, as amended at 54 FR 19844, May 8, 1989; 55 FR 42385, Oct. 19, 1990; 56 FR 21617, May 10, 1991; 62 FR\n5166, Feb. 4, 1997]\n\n\nSubpart F—Maximum Allowable Rates of Return\n§ 65.700 Determining the maximum allowable rate of return.\n (a) The maximum allowable rate of return for any exchange carrier's earnings on any access service category\n shall be determined by adding a fixed increment of four-tenths of one percent of the exchange carrier\n prescribed rate of return.\n\n (b) The maximum allowable rate of return for any exchange carrier's overall interstate earnings for all access\n service categories shall be determined by adding a fixed increment of one-quarter of one percent to the\n exchange carrier prescribed rate of return.\n\n (c) The maximum allowable rate of return for rates filed by local exchange carrier subject to § 61.50 of this\n chapter, shall be determined by adding a fixed increment of one and one-half percent to the carriers\n prescribed rate of return.\n\n[51 FR 11034, Apr. 1, 1986, as amended at 58 FR 36149, July 6, 1993; 60 FR 28546, June 1, 1995]\n\n\n\n\n47 CFR 65.700(c) (enhanced display) page 9 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.701\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n§ 65.701 Period of review.\nFor both exchange and interexchange carriers subject to this part, interstate earnings shall be measured over a two\nyear period to determine compliance with the maximum allowable rate of return. The review periods shall\ncommence on January 1 in odd-numbered years and shall end on December 31 in even-numbered years.\n\n[60 FR 28546, June 1, 1995]\n\n\n§ 65.702 Measurement of interstate service earnings.\n (a) For exchange carriers, earnings shall be measured separately for each access service category for\n purposes of determining compliance with the maximum allowable rate of return. The access service\n categories shall be: an aggregated category consisting of Special Access, § 69.113, and Contribution\n Charges for Special Access Expanded Interconnection, § 69.122; Connection Charges for Expanded\n Interconnection, § 69.121; Common Line, §§ 69.104–69.105; and an aggregated category consisting of\n Line Termination, § 69.106, Intercept, § 69.108, Local Switching, § 69.107, Transport, §§ 69.110–69.112,\n 69.124, 69.125, and Information, § 69.109. The Billing and Collection access element shall not be\n included in any access service category for purposes of this part. The Commission will also separately\n review exchange carrier overall interstate earnings subject to this part for determining compliance with\n the maximum allowable rate of return determined by § 65.700(b).\n\n (b) For exchange carriers, earnings shall be measured for purposes of determining compliance with the\n maximum allowable rates of return separately for each study area; provided, however, that if the carrier\n has filed or concurred in access tariffs aggregating costs and rates for two or more study areas, the\n earnings will be determined for the aggregated study areas rather than for each study area separately. If\n an exchange carrier has not utilized the same level of study area aggregation during the entire two-year\n earnings review period, then the carrier's earnings will be measured for the entire two-year period on the\n basis of the tariffs in effect at the end of the second year of the two-year review period; provided, however,\n that if tariffs representing a higher level of study area aggregation were not in effect for at least eight\n months in the second year, then the carrier's earnings will be measured on the basis of the study area\n level of aggregation in effect for the majority of the two-year period; provided further, that any carrier that\n was not a member of the National Exchange Carrier Association or other voluntary pools for both years of\n the two-year review period will have its earnings reviewed individually for the full two-year period.\n\n[51 FR 11034, Apr. 1, 1986, as amended at 57 FR 54719, Nov. 20, 1992; 58 FR 48763, Sept. 17, 1993; 60 FR 28546, June 1, 1995]\n\n\nSubpart G—Rate Base\n\nSource: 53 FR 1029, Jan. 15, 1988, unless otherwise noted.\n\n\n\n§ 65.800 Rate base.\nThe rate base shall consist of the interstate portion of the accounts listed in § 65.820 that has been invested in\nplant used and useful in the efficient provision of interstate telecommunications services regulated by this\nCommission, minus any deducted items computed in accordance with § 65.830.\n\n\n\n\n47 CFR 65.800 (enhanced display) page 10 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.810\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n§ 65.810 Definitions.\nAs used in this subpart “account xxxx” means the account of that number kept in accordance with the Uniform\nSystem of Accounts for Telecommunications Companies in 47 CFR part 32.\n\n[82 FR 20843, May 4, 2017]\n\n\n§ 65.820 Included items.\n (a) Telecommunications plant. The interstate portion of all assets summarized in Account 2001\n (Telecommunications Plant in Service) and Account 2002 (Property Held for Future Use), net of\n accumulated depreciation and amortization, and Account 2003 (Telecommunications Plant Under\n Construction), and, to the extent such inclusions are allowed by this Commission, Account 2005\n (Telecommunications Plant Adjustment). Any interest cost for funds used during construction capitalized\n on assets recorded in these accounts shall be computed in accordance with the procedures in Sec.\n 32.2000(c)(2)(x) of this chapter.\n\n (b) Material and supplies. The interstate portion of assets summarized in Account 1220.1 (Material and\n Supplies).\n\n (c) Noncurrent assets. The interstate portion of Class B Rural Telephone Bank stock contained in Account\n 1410 and the interstate portion of assets summarized in Account 1410 (Other Noncurrent Assets) and\n Account 1438 (Deferred Maintenance, Retirements and Deferred Charges), only to the extent that they\n have been specifically approved by this Commission for inclusion (Note: The interstate portion of assets\n summarized in Account 1410 should not include any amounts related to investments, sinking funds or\n unamortized debt issuance expense). Except as noted above, no amounts from accounts 1406 through\n 1500 shall be included.\n\n (d) Cash working capital. The average amount of investor-supplied capital needed to provide funds for a\n carrier's day-to-day interstate operations. Carriers may calculate a cash working capital allowance either\n by performing a lead-lag study of interstate revenue and expense items or by using the formula set forth\n in paragraph (e) of this section. Carriers, in lieu of performing a lead-lag study or using the formula in\n paragraph (e) of this section, may calculate the cash working capital allowance using a standard\n allowance which will be established annually by the Chief, Wireline Competition Bureau. When either the\n lead-lag study or formula method is used to calculate cash working capital, the amount calculated under\n the study or formula may be increased by minimum bank balances and working cash advances to\n determine the cash working capital allowance. Once a carrier has selected a method of determining its\n cash working capital allowance, it shall not change to an optional method from one year to the next\n without Commission approval.\n\n (e) In lieu of a full lead-lag study, carriers may calculate the cash working capital allowance using the\n following formula.\n\n (1) Compute the weighted average revenue lag days as follows:\n\n (i) Multiply the average revenue lag days for interstate revenues billed in arrears by the percentage\n of interstate revenues billed in arrears.\n\n (ii) Multiply the average revenue lag days for interstate revenues billed in advance by the\n percentage of interstate revenues billed in advance. (Note: a revenue lead should be shown as\n a negative lag.)\n\n\n47 CFR 65.820(e)(1)(ii) (enhanced display) page 11 of 12\n\f47 CFR Part 65 (up to date as of 2/20/2024)\n 47 CFR 65.820(e)(1)(iii)\nInterstate Rate of Return Prescription, Procedures, and Methodologies\n\n\n (iii) Add the results of paragraphs (e)(1) (i) and (ii) of this section to determine the weighted\n average revenue lag days.\n\n (2) Compute the weighted average expense lag days as follows:\n\n (i) Multiply the average lag days for interstate expenses (i.e., cash operating expenses plus\n interest) paid in arrears by the percentage of interstate expenses paid in arrears.\n\n (ii) Multiply the average lag days for interstate expenses paid in advance by the percentage of\n interstate expenses paid in advance. (Note: an expense lead should be shown as a negative\n lag.)\n\n (iii) Add the results of paragraphs (e)(2) (i) and (ii) of this section to determine the weighted\n average expense lag days.\n\n (3) Compute the weighted net lag days by deducting the weighted average expense lag days from the\n weighted average revenue lag days.\n\n (4) Compute the percentage of a year represented by the weighted net lag days by dividing the days\n computed in paragraph (e)(3) of this section by 365 days.\n\n (5) Compute the cash working capital allowance by multiplying the interstate cash operating expenses\n (i.e., operating expenses minus depreciation and amortization) plus interest by the percentage\n computed in paragraph (e)(4) of this section.\n\n[54 FR 9048, Mar. 3, 1989, as amended at 60 FR 12139, Mar. 6, 1995; 67 FR 5703, Feb. 6, 2002; 67 FR 13229, Mar. 21, 2002; 82 FR\n20843, May 4, 2017]\n\n\n§ 65.830 Deducted items.\n (a) The following items shall be deducted from the interstate rate base.\n\n (1) The interstate portion of deferred taxes (Accounts 4100 and 4340).\n\n (2) The interstate portion of customer deposits (Account 4040).\n\n (3) The interstate portion of other long-term liabilities in (Account 4300 Other long-term liabilities and\n deferred credits) that were derived from the expenses specified in Sec. 65.450(a).\n\n (4) The interstate portion of other deferred credits in (Account 4300 Other long-term liabilities and\n deferred credits) to the extent they arise from the provision of regulated telecommunications\n services. This shall include deferred gains related to sale-leaseback arrangements.\n\n (b) The interstate portion of deferred taxes, customer deposits and other deferred credits shall be determined\n as prescribed by 47 CFR part 36.\n\n (c) The interstate portion of other long-term liabilities included in (Account 4300 Other long-term liabilities\n and deferred credits) shall bear the same proportionate relationships as the interstate/intrastate\n expenses which gave rise to the liability.\n\n[54 FR 9049, Mar. 3, 1989, as amended at 62 FR 15118, Mar. 31, 1997; 67 FR 5703, Feb. 6, 2002]\n\n\n\n\n47 CFR 65.830(c) (enhanced display) page 12 of 12\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":34,"cells":{"Content":{"kind":"string","value":"47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR Part 14 (Feb. 20, 2024)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 14 Access to Advanced Communications Services and Equipment by People\n with Disabilities\n Subpart A Scope\n § 14.1 Applicability.\n § 14.2 Limitations.\n § 14.3 Exemption for Customized Equipment or Services.\n § 14.4 Exemption for Small Entities.\n § 14.5 Waivers—Multipurpose Services and Equipment.\n Subpart B Definitions\n § 14.10 Definitions.\n Subpart C Implementation Requirements—What Must Covered Entities Do?\n § 14.20 Obligations.\n § 14.21 Performance Objectives.\n Subpart D Recordkeeping, Consumer Dispute Assistance, and Enforcement\n § 14.30 Generally.\n § 14.31 Recordkeeping.\n § 14.32 Consumer Dispute Assistance.\n § 14.33 Informal or formal complaints.\n § 14.34 Informal complaints; form, filing, content, and consumer assistance.\n § 14.35 Procedure; designation of agents for service.\n § 14.36 Answers and replies to informal complaints.\n § 14.37 Review and disposition of informal complaints.\n § 14.38 Formal complaints.\n Subpart E Internet Browsers Built Into Telephones Used With Public Mobile\n Services.\n § 14.60 Applicability.\n § 14.61 Obligations with respect to internet browsers built into mobile phones.\n\n\nPART 14—ACCESS TO ADVANCED COMMUNICATIONS SERVICES\nAND EQUIPMENT BY PEOPLE WITH DISABILITIES\nAuthority: 47 U.S.C. 151–154, 255, 303, 403, 503, 617, 618, 619 unless otherwise noted.\n\n\n47 CFR 14 (enhanced display) page 1 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.1\nAccess to Advanced Communications Services and Equipment by People with...\n\n\nSource: 76 FR 82389, Dec. 30, 2011, unless otherwise noted.\n\nSubpart A—Scope\n§ 14.1 Applicability.\nExcept as provided in §§ 14.2, 14.3, 14.4 and 14.5 of this chapter, the rules in this part apply to:\n\n (a) Any manufacturer of equipment used for advanced communications services, including end user\n equipment, network equipment, and software, that such manufacturer offers for sale or otherwise\n distributes in interstate commerce;\n\n (b) Any provider of advanced communications services that such provider offers in or affecting interstate\n commerce.\n\n§ 14.2 Limitations.\n (a) Except as provided in paragraph (b) of this section no person shall be liable for a violation of the\n requirements of the rules in this part with respect to advanced communications services or equipment\n used to provide or access advanced communications services to the extent such person—\n\n (1) Transmits, routes, or stores in intermediate or transient storage the communications made available\n through the provision of advanced communications services by a third party; or\n\n (2) Provides an information location tool, such as a directory, index, reference, pointer, menu, guide, user\n interface, or hypertext link, through which an end user obtains access to such advanced\n communications services or equipment used to provide or access advanced communications\n services.\n\n (b) The limitation on liability under paragraph (a) of this section shall not apply to any person who relies on\n third party applications, services, software, hardware, or equipment to comply with the requirements of\n the rules in this part with respect to advanced communications services or equipment used to provide or\n access advanced communications services.\n\n (c) The requirements of this part shall not apply to any equipment or services, including interconnected VoIP\n service, that were subject to the requirements of Section 255 of the Act on October 7, 2010, which remain\n subject to Section 255 of the Act, as amended, and subject to the rules in parts 6 and 7 of this chapter, as\n amended.\n\n§ 14.3 Exemption for Customized Equipment or Services.\n (a) The rules in this part shall not apply to customized equipment or services that are not offered directly to\n the public, or to such classes of users as to be effectively available directly to the public, regardless of the\n facilities used.\n\n (b) A provider of advanced communications services or manufacturer of equipment used for advanced\n communications services may claim the exemption in paragraph (a) of this section as a defense in an\n enforcement proceeding pursuant to subpart D of this part, but is not otherwise required to seek such an\n affirmative determination from the Commission.\n\n\n\n\n47 CFR 14.3(b) (enhanced display) page 2 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.4\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n§ 14.4 Exemption for Small Entities.\n (a) A provider of advanced communications services or a manufacturer of equipment used for advanced\n communications services to which this part applies is exempt from the obligations of this part if such\n provider or manufacturer, at the start of the design of a product or service:\n\n (1) Qualifies as a business concern under 13 CFR 121.105; and\n\n (2) Together with its affiliates, as determined by 13 CFR 121.103, meets the relevant small business size\n standard established in 13 CFR 121.201 for the primary industry in which it is engaged as\n determined by 13 CFR 121.107.\n\n (b) A provider or manufacturer may claim this exemption as a defense in an enforcement proceeding\n pursuant to subpart D of this part, but is not otherwise required to seek such an affirmative determination\n from the Commission.\n\n (c) This exemption will expire no later than October 8, 2013.\n\n§ 14.5 Waivers—Multipurpose Services and Equipment.\n (a) Waiver.\n\n (1) On its own motion or in response to a petition by a provider of advanced communications services, a\n manufacturer of equipment used for advanced communications services, or by any interested party,\n the Commission may waive the requirements of this part for any feature or function of equipment\n used to provide or access advanced communications services, or for any class of such equipment,\n for any provider of advanced communications services, or for any class of such services, that—\n\n (i) Is capable of accessing an advanced communications service; and\n\n (ii) Is designed for multiple purposes, but is designed primarily for purposes other than using\n advanced communications services.\n\n (2) For any waiver petition under this section, the Commission will examine on a case-by-case basis—\n\n (i) Whether the equipment or service is designed to be used for advanced communications\n purposes by the general public; and\n\n (ii) Whether and how the advanced communications functions or features are advertised,\n announced, or marketed.\n\n (b) Class Waiver. For any petition for a waiver of more than one advanced communications service or one\n piece of equipment used for advanced communications services where the service or equipment share\n common defining characteristics, in addition to the requirements of §§ 14.5(a)(1) and (2), the\n Commission will examine the similarity of the service or equipment subject to the petition and the\n similarity of the advanced communications features or functions of such services or equipment.\n\n (c) Duration.\n\n (1) A petition for a waiver of an individual advanced communications service or equipment used for\n advanced communications services may be granted for the life of the service or equipment as\n supported by evidence on the record, or for such time as the Commission determines based on\n evidence on the record.\n\n\n\n\n47 CFR 14.5(c)(1) (enhanced display) page 3 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.5(c)(2)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (2) A petition for a class waiver may be granted for a time to be determined by the Commission based\n on evidence on the record, including the lifecycle of the equipment or service in the class. Any class\n waiver granted under this section will waive the obligations of this part for all advanced\n communications services and equipment used for advanced communications services subject to a\n class waiver and made available to the public prior to the expiration of such waiver.\n\n (d) Public notice. All petitions for waiver filed pursuant to this section shall be put on public notice, with a\n minimum of a 30-day period for comments and oppositions.\n\nSubpart B—Definitions\n§ 14.10 Definitions.\n (a) The term accessible shall have the meaning provided in § 14.21(b).\n\n (b) The term achievable shall mean with reasonable effort or expense, as determined by the Commission. In\n making such a determination, the Commission shall consider:\n\n (1) The nature and cost of the steps needed to meet the requirements of section 716 of the Act and this\n part with respect to the specific equipment or service in question;\n\n (2) The technical and economic impact on the operation of the manufacturer or provider and on the\n operation of the specific equipment or service in question, including on the development and\n deployment of new communications technologies;\n\n (3) The type of operations of the manufacturer or provider; and\n\n (4) The extent to which the service provider or manufacturer in question offers accessible services or\n equipment containing varying degrees of functionality and features, and offered at differing price\n points.\n\n (c) The term advanced communications services shall mean:\n\n (1) Interconnected VoIP service, as that term is defined in this section;\n\n (2) Non-interconnected VoIP service, as that term is defined in this section;\n\n (3) Electronic messaging service, as that term is defined in this section; and\n\n (4) Interoperable video conferencing service, as that term is defined in this section.\n\n (d) The term application shall mean software designed to perform or to help the user perform a specific task\n or specific tasks, such as communicating by voice, electronic text messaging, or video conferencing.\n\n (e) The term compatible shall have the meaning provided in § 14.21(d).\n\n (f) The term customer premises equipment shall mean equipment employed on the premises of a person\n (other than a carrier) to originate, route, or terminate telecommunications.\n\n (g) The term customized equipment or services shall mean equipment and services that are produced or\n provided to meet unique specifications requested by a business or enterprise customer and not otherwise\n available to the general public, including public safety networks and devices.\n\n (h) The term disability shall mean a physical or mental impairment that substantially limits one or more of the\n major life activities of an individual; a record of such an impairment; or being regarded as having such an\n impairment.\n\n47 CFR 14.10(h) (enhanced display) page 4 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.10(i)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (i) The term electronic messaging service means a service that provides real-time or near real-time non-voice\n messages in text form between individuals over communications networks.\n\n (j) The term end user equipment shall mean equipment designed for consumer use. Such equipment may\n include both hardware and software components.\n\n (k) The term hardware shall mean a tangible communications device, equipment, or physical component of\n communications technology, including peripheral devices, such as a smart phone, a laptop computer, a\n desktop computer, a screen, a keyboard, a speaker, or an amplifier.\n\n (l) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter, as such\n section may be amended from time to time.\n\n (m) An interoperable video conferencing service means a service that provides real-time video\n communications, including audio, to enable users to share information of the user's choosing.\n\n (n) The term manufacturer shall mean an entity that makes or produces a product, including equipment used\n for advanced communications services, including end user equipment, network equipment, and software.\n\n (o) The term network equipment shall mean equipment facilitating the use of a network, including, routers,\n network interface cards, networking cables, modems, and other related hardware. Such equipment may\n include both hardware and software components.\n\n (p) The term nominal cost in regard to accessibility and usability solutions shall mean small enough so as to\n generally not be a factor in the consumer's decision to acquire a product or service that the consumer\n otherwise desires.\n\n (q) A non-interconnected VoIP service is a service that:\n\n (1) Enables real-time voice communications that originate from or terminate to the user's location using\n Internet protocol or any successor protocol; and\n\n (2) Requires Internet protocol compatible customer premises equipment; and\n\n (3) Does not include any service that is an interconnected VoIP service.\n\n (r) The term peripheral devices shall mean devices employed in connection with equipment, including\n software, covered by this part to translate, enhance, or otherwise transform advanced communications\n services into a form accessible to individuals with disabilities.\n\n (s) The term service provider shall mean a provider of advanced communications services that are offered in\n or affecting interstate commerce, including a provider of applications and services that can be used for\n advanced communications services and that can be accessed (i.e., downloaded or run) by users over any\n service provider network.\n\n (t) The term software shall mean programs, procedures, rules, and related data and documentation that\n direct the use and operation of a computer or related device and instruct it to perform a given task or\n function.\n\n (u) The term specialized customer premises equipment shall mean customer premise equipment which is\n commonly used by individuals with disabilities to achieve access.\n\n (v) The term usable shall have the meaning provided in § 14.21(c).\n\n (w) The term real-time text shall have the meaning set forth in § 67.1 of this chapter.\n\n\n47 CFR 14.10(w) (enhanced display) page 5 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.10(x)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (x) The term text-capable end user device means end user equipment that is able to send, receive, and display\n text.\n\n[76 FR 82389, Dec. 30, 2011, as amended at 82 FR 7707, Jan. 23, 2017]\n\n\nSubpart C—Implementation Requirements—What Must Covered Entities Do?\n§ 14.20 Obligations.\n (a) General Obligations.\n\n (1) With respect to equipment manufactured after the effective date of this part, a manufacturer of\n equipment used for advanced communications services, including end user equipment, network\n equipment, and software, must ensure that the equipment and software that such manufacturer\n offers for sale or otherwise distributes in interstate commerce shall be accessible to and usable by\n individuals with disabilities, unless the requirements of this subsection are not achievable.\n\n (2) With respect to services provided after the effective date of this part, a provider of advanced\n communications services must ensure that services offered by such provider in or affecting\n interstate commerce are accessible to and usable by individuals with disabilities, unless the\n requirements of this paragraph are not achievable.\n\n (3) If accessibility is not achievable either by building it in or by using third party accessibility solutions\n available to the consumer at nominal cost and that individuals with disabilities can access, then a\n manufacturer or service provider shall ensure that its equipment or service is compatible with\n existing peripheral devices or specialized customer premises equipment, unless the requirements of\n this subsection are not achievable.\n\n (4) Providers of advanced communications services shall not install network features, functions, or\n capabilities that impede accessibility or usability.\n\n (5) Providers of advanced communications services, manufacturers of equipment used with these\n services, and providers of networks used with these services may not impair or impede the\n accessibility of information content when accessibility has been incorporated into that content for\n transmission through such services, equipment or networks.\n\n (b) Product design, development, and evaluation.\n\n (1) Manufacturers and service providers must consider performance objectives set forth in § 14.21 at\n the design stage as early as possible and must implement such performance objectives, to the\n extent that they are achievable.\n\n (2) Manufacturers and service providers must identify barriers to accessibility and usability as part of\n such evaluation.\n\n (c) Information Pass Through. Equipment used for advanced communications services, including end user\n equipment, network equipment, and software must pass through cross-manufacturer, nonproprietary,\n industry-standard codes, translation protocols, formats or other information necessary to provide\n advanced communications services in an accessible format, if achievable. Signal compression\n technologies shall not remove information needed for access or shall restore it upon decompression.\n\n\n\n\n47 CFR 14.20(c) (enhanced display) page 6 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.20(d)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (d) Information, documentation, and training. Manufacturers and service providers must ensure that the\n information and documentation that they provide to customers is accessible, if achievable. Such\n information and documentation includes, but is not limited to, user guides, bills, installation guides for end\n user devices, and product support communications. The requirement to ensure the information is\n accessible also includes ensuring that individuals with disabilities can access, at no extra cost, call\n centers and customer support regarding both the product generally and the accessibility features of the\n product.\n\n§ 14.21 Performance Objectives.\n (a) Generally. Manufacturers and service providers shall ensure that equipment and services covered by this\n part are accessible, usable, and compatible as those terms are defined in paragraphs (b) through (d) of\n this section.\n\n (b) Accessible. The term accessible shall mean that:\n\n (1) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance\n with each of the following, assessed independently:\n\n (i) Operable without vision. Provide at least one mode that does not require user vision.\n\n (ii) Operable with low vision and limited or no hearing. Provide at least one mode that permits\n operation by users with visual acuity between 20/70 and 20/200, without relying on audio\n output.\n\n (iii) Operable with little or no color perception. Provide at least one mode that does not require user\n color perception.\n\n (iv) Operable without hearing. Provide at least one mode that does not require user auditory\n perception.\n\n (v) Operable with limited manual dexterity. Provide at least one mode that does not require user fine\n motor control or simultaneous actions.\n\n (vi) Operable with limited reach and strength. Provide at least one mode that is operable with user\n limited reach and strength.\n\n (vii) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or\n close body proximity.\n\n (viii) Operable without time-dependent controls. Provide at least one mode that does not require a\n response time or allows response time to be by-passed or adjusted by the user over a wide\n range.\n\n (ix) Operable without speech. Provide at least one mode that does not require user speech.\n\n (x) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive,\n memory, language, and learning skills required of the user.\n\n (2) All information necessary to operate and use the product, including but not limited to, text, static or\n dynamic images, icons, labels, sounds, or incidental operating cues, [shall] comply with each of the\n following, assessed independently:\n\n (i) Availability of visual information. Provide visual information through at least one mode in\n auditory form.\n\n47 CFR 14.21(b)(2)(i) (enhanced display) page 7 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.21(b)(2)(ii)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (ii) Availability of visual information for low vision users. Provide visual information through at least\n one mode to users with visual acuity between 20/70 and 20/200 without relying on audio.\n\n (iii) Access to moving text. Provide moving text in at least one static presentation mode at the\n option of the user.\n\n (iv) Availability of auditory information. Provide auditory information through at least one mode in\n visual form and, where appropriate, in tactile form.\n\n (v) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic\n information, including any auditory feedback tones that are important for the use of the\n product, through at least one mode in enhanced auditory fashion (i.e., increased amplification,\n increased signal-to-noise ratio, or combination).\n\n (vi) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual\n flicker that might induce seizures in people with photosensitive epilepsy.\n\n (vii) Availability of audio cutoff. Where a product delivers audio output through an external speaker,\n provide an industry standard connector for headphones or personal listening devices (e.g.,\n phone-like handset or earcup) which cuts off the speaker(s) when used.\n\n (viii) Non-interference with hearing technologies. Reduce interference to hearing technologies\n (including hearing aids, cochlear implants, and assistive listening devices) to the lowest\n possible level that allows a user to utilize the product.\n\n (ix) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally\n held up to the ear, provide a means for effective wireless coupling to hearing aids.\n\n (3) Real-Time Text. Wireless interconnected VoIP services subject to this part and text-capable end user\n devices used with such services that do not themselves provide TTY functionality, may provide TTY\n connectability and signal compatibility pursuant to paragraphs (b)(3) and (4) of this section, or\n support real-time text communications, in accordance with 47 CFR part 67.\n\n (c) Usable. The term usable shall mean that individuals with disabilities have access to the full functionality\n and documentation for the product, including instructions, product information (including accessible\n feature information), documentation and technical support functionally equivalent to that provided to\n individuals without disabilities.\n\n (d) Compatible. The term compatible shall mean compatible with peripheral devices and specialized\n customer premises equipment, and in compliance with the following provisions, as applicable:\n\n (1) External electronic access to all information and control mechanisms. Information needed for the\n operation of products (including output, alerts, icons, on-line help, and documentation) shall be\n available in a standard electronic text format on a cross-industry standard port and all input to and\n control of a product shall allow for real time operation by electronic text input into a cross-industry\n standard external port and in cross-industry standard format. The cross-industry standard port shall\n not require manipulation of a connector by the user.\n\n (2) Connection point for external audio processing devices. Products providing auditory output shall\n provide the auditory signal at a standard signal level through an industry standard connector.\n\n\n\n\n47 CFR 14.21(d)(2) (enhanced display) page 8 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.21(d)(3)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (3) TTY connectability. Products that provide a function allowing voice communication and which do not\n themselves provide a TTY functionality shall provide a standard non-acoustic connection point for\n TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user\n to intermix speech with TTY use.\n\n (4) TTY signal compatibility. Products, including those providing voice communication functionality, shall\n support use of all cross-manufacturer non-proprietary standard signals used by TTYs.\n\n (5) TTY Support Exemption. Interconnected and non-interconnected VoIP services subject to this part\n that are provided over wireless IP facilities and equipment are not required to provide TTY\n connectability and TTY signal compatibility if such services and equipment support real-time text, in\n accordance with 47 CFR part 67.\n\n[76 FR 82389, Dec. 30, 2011, as amended at 82 FR 7707, Jan. 23, 2017]\n\n\nSubpart D—Recordkeeping, Consumer Dispute Assistance, and Enforcement\n§ 14.30 Generally.\n (a) The rules in this subpart regarding recordkeeping and enforcement are applicable to all manufacturers\n and service providers that are subject to the requirements of sections 255, 716, and 718 of the Act and\n parts 6, 7 and 14 of this chapter.\n\n (b) The requirements set forth in § 14.31 of this subpart shall be effective January 30, 2013.\n\n (c) The requirements set forth in §§ 14.32 through 14.37 of this subpart shall be effective on October 8, 2013.\n\n§ 14.31 Recordkeeping.\n (a) Each manufacturer and service provider subject to section 255, 716, or 718 of the Act, must create and\n maintain, in the ordinary course of business and for a two year period from the date a product ceases to\n be manufactured or a service ceases to be offered, records of the efforts taken by such manufacturer or\n provider to implement sections 255, 716, and 718 with regard to this product or service, as applicable,\n including:\n\n (1) Information about the manufacturer's or service provider's efforts to consult with individuals with\n disabilities;\n\n (2) Descriptions of the accessibility features of its products and services; and\n\n (3) Information about the compatibility of its products and services with peripheral devices or\n specialized customer premise equipment commonly used by individuals with disabilities to achieve\n access.\n\n (b) An officer of each manufacturer and service provider subject to section 255, 716, or 718 of the Act, must\n sign and file an annual compliance certificate with the Commission.\n\n (1) The certificate must state that the manufacturer or service provider, as applicable, has established\n operating procedures that are adequate to ensure compliance with the recordkeeping rules in this\n subpart and that records are being kept in accordance with this section and be supported with an\n affidavit or declaration under penalty of perjury, signed and dated by the authorized officer of the\n company with personal knowledge of the representations provided in the company's certification,\n verifying the truth and accuracy of the information therein.\n\n47 CFR 14.31(b)(1) (enhanced display) page 9 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.31(b)(2)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (2) The certificate shall identify the name and contact details of the person or persons within the\n company that are authorized to resolve complaints alleging violations of our accessibility rules and\n sections 255, 716, and 718 of the Act, and the agent designated for service pursuant to § 14.35(b) of\n this subpart and provide contact information for this agent. Contact information shall include, for the\n manufacturer or the service provider, a name or department designation, business address,\n telephone number, and, if available TTY number, facsimile number, and email address.\n\n (3) The annual certification must be filed with the Commission on April 1, 2013 and annually thereafter\n for records pertaining to the previous calendar year. The certificate must be updated when\n necessary to keep the contact information current.\n\n (c) Upon the service of a complaint, formal or informal, on a manufacturer or service provider under this\n subpart, a manufacturer or service provider must produce to the Commission, upon request, records\n covered by this section and may assert a statutory request for confidentiality for these records under 47\n U.S.C. 618(a)(5)(C) and § 0.457(c) of this chapter. All other information submitted to the Commission\n pursuant to this subpart or pursuant to any other request by the Commission may be submitted pursuant\n to a request for confidentiality in accordance with § 0.459 of this chapter.\n\n§ 14.32 Consumer Dispute Assistance.\n (a) A consumer or any other party may transmit a Request for Dispute Assistance to the Consumer and\n Governmental Affairs Bureau by any reasonable means, including by the Commission's online informal\n complaint filing system, U.S. Mail, overnight delivery, or email to dro@fcc.gov. Any Requests filed using a\n method other than the Commission's online system should include a cover letter that references section\n 255, 716, or 718 or the rules of parts 6, 7, or 14 of this chapter and should be addressed to the Consumer\n and Governmental Affairs Bureau. Any party with a question about information that should be included in\n a Request for Dispute Assistance should email the Commission's Disability Rights Office at dro@fcc.gov\n or call (202) 418–2517 (voice), (202) 418–2922 (TTY).\n\n (b) A Request for Dispute Assistance shall include:\n\n (1) The name, address, email address, and telephone number of the party making the Request\n (Requester);\n\n (2) The name of the manufacturer or service provider that the requester believes is in violation of section\n 255, 716, or 718 or the rules in this part, and the name, address, and telephone number of the\n manufacturer or service provider, if known;\n\n (3) An explanation of why the requester believes the manufacturer or service provider is in violation of\n section 255, 716, or 718 or the rules in this part, including details regarding the service or equipment\n and the relief requested, and all documentation that supports the requester's contention;\n\n (4) The date or dates on which the requester either purchased, acquired, or used (or attempted to\n purchase, acquire, or use) the equipment or service in question;\n\n (5) The Requester's preferred format or method of response to its Request for Dispute Assistance by\n CGB or the manufacturer or service provider (e.g., letter, facsimile transmission, telephone (voice/\n TRS/TTY), email, audio-cassette recording, Braille, or some other method that will best\n accommodate the Requester's disability, if any);\n\n (6) Any other information that may be helpful to CGB and the manufacturer or service provider to\n understand the nature of the dispute;\n\n\n47 CFR 14.32(b)(6) (enhanced display) page 10 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.32(b)(7)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (7) Description of any contacts with the manufacturer or service provider to resolve the dispute,\n including, but not limited to, dates or approximate dates, any offers to settle, etc.; and\n\n (8) What the Requester is seeking to resolve the dispute.\n\n (c) CGB shall forward the Request for Dispute Assistance to the manufacturer or service provider named in\n the Request. CGB shall serve the manufacturer or service provider using the contact details of the\n certification to be filed pursuant to § 14.31(b). Service using contact details provided pursuant to §\n 14.31(b) is deemed served. Failure by a manufacturer or service provider to file or keep the contact\n information current will not be a defense of lack of service.\n\n (d) CGB will assist the Requester and the manufacturer or service provider in reaching a settlement of the\n dispute.\n\n (e) Thirty days after the Request for Dispute Assistance was filed, if a settlement has not been reached\n between the Requester and the manufacturer or service provider, the Requester may file an informal\n complaint with the Commission;\n\n (f) When a Requester files an informal complaint with the Enforcement Bureau, as provided in § 14.34, the\n Commission will deem the CGB dispute assistance process closed and the requester and manufacturer\n or service provider shall be barred from further use of the Commission's dispute assistance process so\n long as a complaint is pending.\n\n§ 14.33 Informal or formal complaints.\nComplaints against manufacturers or service providers, as defined under this subpart, for alleged violations of this\nsubpart may be either informal or formal.\n\n§ 14.34 Informal complaints; form, filing, content, and consumer assistance.\n (a) An informal complaint alleging a violation of section 255, 716 or 718 of the Act or parts 6, 7, or 14 of this\n chapter may be transmitted to the Enforcement Bureau by any reasonable means, including the\n Commission's online informal complaint filing system, U.S. Mail, overnight delivery, or email. Any Requests\n filed using a method other than the Commission's online system should include a cover letter that\n references section 255, 716, or 718 or the rules of parts 6, 7, or 14 of this chapter and should be\n addressed to the Enforcement Bureau.\n\n (b) An informal complaint shall include:\n\n (1) The name, address, email address, and telephone number of the complainant;\n\n (2) The name, address, and telephone number of the manufacturer or service provider defendant against\n whom the complaint is made;\n\n (3) The date or dates on which the complainant or person(s) on whose behalf the complaint is being\n filed either purchased, acquired, or used or attempted to purchase, acquire, or use the equipment or\n service about which the complaint is being made;\n\n (4) A complete statement of fact explaining why the complainant contends that the defendant\n manufacturer or provider is in violation of section 255, 716 or 718 of the Act or the Commission's\n rules, including details regarding the service or equipment and the relief requested, and all\n documentation that supports the complainant's contention;\n\n\n\n47 CFR 14.34(b)(4) (enhanced display) page 11 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.34(b)(5)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (5) A certification that the complainant submitted to the Commission a Request for Dispute Assistance,\n pursuant to § 14.32, no less than 30 days before the complaint is filed;\n\n (6) The complainant's preferred format or method of response to the complaint by the Commission and\n defendant (e.g., letter, facsimile transmissions, telephone (voice/TRS/TTY), email, audio-cassette\n recording, Braille, or some other method that will best accommodate the complainant's disability, if\n any); and\n\n (7) Any other information that is required by the Commission's accessibility complaint form.\n\n (c) Any party with a question about information that should be included in an Informal Complaint should\n email the Commission's Disability Rights Office at dro@fcc.gov or call (202) 418–2517 (voice), (202)\n 418–2922 (TTY).\n\n§ 14.35 Procedure; designation of agents for service.\n (a) The Commission shall forward any informal complaint meeting the requirements of § 14.34 of this\n subpart to each manufacturer and service provider named in or determined by the staff to be implicated\n by the complaint.\n\n (b) To ensure prompt and effective service of informal and formal complaints filed under this subpart, every\n manufacturer and service provider subject to the requirements of section 255, 716, or 718 of the Act and\n parts 6, 7, or 14 of this chapter shall designate an agent, and may designate additional agents if it so\n chooses, upon whom service may be made of all notices, inquiries, orders, decisions, and other\n pronouncements of the Commission in any matter before the Commission. The agent shall be designated\n in the manufacturer or service provider's annual certification pursuant to § 14.31.\n\n§ 14.36 Answers and replies to informal complaints.\n (a) After a complainant makes a prima facie case by asserting that a product or service is not accessible, the\n manufacturer or service provider to whom the informal complaint is directed bears the burden of proving\n that the product or service is accessible or, if not accessible, that accessibility is not achievable under this\n part or readily achievable under parts 6 and 7. To carry its burden of proof, a manufacturer or service\n provider must produce documents demonstrating its due diligence in exploring accessibility and\n achievability, as required by parts 6, 7, or 14 of this chapter throughout the design, development, testing,\n and deployment stages of a product or service. Conclusory and unsupported claims are insufficient to\n carry this burden of proof.\n\n (b) Any manufacturer or service provider to whom an informal complaint is served by the Commission under\n this subpart shall file and serve an answer responsive to the complaint and any inquires set forth by the\n Commission.\n\n (1) The answer shall:\n\n (i) Be filed with the Commission within twenty days of service of the complaint, unless the\n Commission or its staff specifies another time period;\n\n (ii) Respond specifically to each material allegation in the complaint and assert any defenses that\n the manufacturer or service provider claim;\n\n (iii) Include a declaration by an officer of the manufacturer or service provider attesting to the truth\n of the facts asserted in the answer;\n\n\n\n47 CFR 14.36(b)(1)(iii) (enhanced display) page 12 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.36(b)(1)(iv)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (iv) Set forth any remedial actions already taken or proposed alternative relief without any prejudice\n to any denials or defenses raised;\n\n (v) Provide any other information or materials specified by the Commission as relevant to its\n consideration of the complaint; and\n\n (vi) Be prepared or formatted, including in electronic readable format compatible with the\n Commission's Summation or other software in the manner requested by the Commission and\n the complainant, unless otherwise permitted by the Commission for good cause shown.\n\n (2) If the manufacturer's or service provider's answer includes the defense that it was not achievable for\n the manufacturer or service provider to make its product or service accessible, the manufacturer or\n service provider shall carry the burden of proof on the defense and the answer shall:\n\n (i) Set forth the steps taken by the manufacturer or service provider to make the product or service\n accessible and usable;\n\n (ii) Set forth the procedures and processes used by the manufacturer or service provider to\n evaluate whether it was achievable to make the product or service accessible and usable in\n cases where the manufacturer or service provider alleges it was not achievable to do so;\n\n (iii) Set forth the manufacturer's basis for determining that it was not achievable to make the\n product or service accessible and usable in cases where the manufacturer or service provider\n so alleges; and\n\n (iv) Provide all documents supporting the manufacturer's or service provider's conclusion that it\n was not achievable to make the product or service accessible and usable in cases where the\n manufacturer or service provider so alleges.\n\n (c) Any manufacturer or service provider to whom an informal complaint is served by the Commission under\n this subpart shall serve the complainant and the Commission with a non-confidential summary of the\n answer filed with the Commission within twenty days of service of the complaint. The non-confidential\n summary must contain the essential elements of the answer, including, but not limited to, any asserted\n defenses to the complaint, must address the material elements of its answer, and include sufficient\n information to allow the complainant to file a reply, if the complainant chooses to do so.\n\n (d) The complainant may file and serve a reply. The reply shall:\n\n (1) Be served on the Commission and the manufacturer or service provider that is subject of the\n complaint within ten days after service of answer, unless otherwise directed by the Commission;\n\n (2) Be responsive to matters contained in the answer and shall not contain new matters.\n\n§ 14.37 Review and disposition of informal complaints.\n (a) The Commission will investigate the allegations in any informal complaint filed that satisfies the\n requirements of § 14.34(b) of this subpart, and, within 180 days after the date on which such complaint\n was filed with the Commission, issue an order finding whether the manufacturer or service provider that is\n the subject of the complaint violated section 255, 716, or 718 of the Act, or the Commission's\n implementing rules, and provide a basis therefore, unless such complaint is resolved before that time.\n\n (b) If the Commission determines in an order issued pursuant to paragraph (a) of this section that the\n manufacturer or service provider violated section 255, 716, or 718 of the Act, or the Commission's\n implementing rules, the Commission may, in such order, or in a subsequent order:\n\n47 CFR 14.37(b) (enhanced display) page 13 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.37(b)(1)\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n (1) Direct the manufacturer or service provider to bring the service, or in the case of a manufacturer, the\n next generation of the equipment or device, into compliance with the requirements of section 255,\n 716, or 718 of the Act, and the Commission's rules, within a reasonable period of time; and\n\n (2) Take such other enforcement action as the Commission is authorized and as it deems appropriate.\n\n (c) Any manufacturer or service provider that is the subject of an order issued pursuant to paragraph (b)(1) of\n this section shall have a reasonable opportunity, as established by the Commission, to comment on the\n Commission's proposed remedial action before the Commission issues a final order with respect to that\n action.\n\n§ 14.38 Formal complaints.\nFormal complaint proceedings alleging a violation of 47 U.S.C. 255, 617, or 619, or parts 6, 7, or 14 of this chapter,\nshall be governed by the formal complaint rules in subpart E of part 1, §§ 1.7201.740.\n\n (a) Pleadings must be clear, concise, and explicit. All matters concerning a claim, defense or requested\n remedy, including damages, should be pleaded fully and with specificity.\n\n (b) Pleadings must contain facts which, if true, are sufficient to constitute a violation of the Act or\n Commission order or regulation, or a defense to such alleged violation.\n\n (c) Facts must be supported by relevant documentation or affidavit.\n\n (d) Legal arguments must be supported by appropriate judicial, Commission, or statutory authority.\n\n (e) Opposing authorities must be distinguished.\n\n (f) Copies must be provided of all non-Commission authorities relied upon which are not routinely available in\n national reporting systems, such as unpublished decisions or slip opinions of courts or administrative\n agencies.\n\n (g) Parties are responsible for the continuing accuracy and completeness of all information and supporting\n authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal\n authorities, must be current and updated as necessary and in a timely manner at any time before a\n decision is rendered on the merits of the complaint.\n\n (h) All statements purporting to summarize or explain Commission orders or policies must cite, in standard\n legal form, the Commission ruling upon which such statements are based.\n\n (i) Pleadings shall identify the name, address, telephone number, and facsimile transmission number for\n either the filing party's attorney or, where a party is not represented by an attorney, the filing party.\n\n[76 FR 82389, Dec. 30, 2011, as amended at 83 FR 44842, Sept. 4, 2018]\n\n\nSubpart E—Internet Browsers Built Into Telephones Used With Public Mobile Services.\n\nSource: 78 FR 30230, May 22, 2013, unless otherwise noted.\n\n\n\n\n47 CFR 14.38(i) (enhanced display) page 14 of 15\n\f47 CFR Part 14 (up to date as of 2/20/2024)\n 47 CFR 14.60\nAccess to Advanced Communications Services and Equipment by People with...\n\n\n§ 14.60 Applicability.\n (a) This subpart E shall apply to a manufacturer of a telephone used with public mobile services (as such\n term is defined in 47 U.S.C. 710(b)(4)(B)) that includes an Internet browser in such telephone that is\n offered for sale or otherwise distributed in interstate commerce, or a provider of mobile services that\n arranges for the inclusion of a browser in telephones to sell or otherwise distribute to customers in\n interstate commerce.\n\n (b) Only the following enumerated provisions contained in this part 14 shall apply to this subpart E.\n\n (1) The limitations contained in § 14.2 shall apply to this subpart E.\n\n (2) The definitions contained in § 14.10 shall apply to this subpart E.\n\n (3) The product design, development and evaluation provisions contained in § 14.20(b) shall apply to\n this subpart E.\n\n (4) The information, documentation, and training provisions contained in § 14.20(d) shall apply to this\n subpart E.\n\n (5) The performance objectives provisions contained in § 14.21(a), (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(2)(i),\n (b)(2)(ii), (b)(2)(iii), (b)(2)(vii), and (c) shall apply to this subpart E.\n\n (6) All of subpart D shall apply to this subpart E.\n\n§ 14.61 Obligations with respect to internet browsers built into mobile phones.\n (a) Accessibility. If on or after October 8, 2013 a manufacturer of a telephone used with public mobile\n services includes an Internet browser in such telephone, or if a provider of mobile service arranges for the\n inclusion of a browser in telephones to sell to customers, the manufacturer or provider shall ensure that\n the functions of the included browser (including the ability to launch the browser) are accessible to and\n usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, except\n that this subpart shall not impose any requirement on such manufacturer or provider—\n\n (1) To make accessible or usable any Internet browser other than a browser that such manufacturer or\n provider includes or arranges to include in the telephone; or\n\n (2) To make Internet content, applications, or services accessible or usable (other than enabling\n individuals with disabilities to use an included browser to access such content, applications, or\n services).\n\n (b) Industry flexibility. A manufacturer or provider may satisfy the requirements of this subpart with respect to\n such telephone or services by—\n\n (1) Ensuring that the telephone or services that such manufacturer or provider offers is accessible to\n and usable by individuals with disabilities without the use of third-party applications, peripheral\n devices, software, hardware, or customer premises equipment; or\n\n (2) Using third-party applications, peripheral devices, software, hardware, or customer premises\n equipment that is available to the consumer at nominal cost and that individuals with disabilities can\n access.\n\n\n\n\n47 CFR 14.61(b)(2) (enhanced display) page 15 of 15\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":35,"cells":{"Content":{"kind":"string","value":"47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR Part 52 (Feb. 20, 2024)\nNumbering\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 52 Numbering\n Subpart A Scope and Authority\n § 52.1 Basis and purpose.\n § 52.3 General.\n § 52.5 Definitions.\n Subpart B Administration\n § 52.7 Definitions.\n § 52.9 General requirements.\n § 52.11 North American Numbering Council.\n § 52.12 North American Numbering Plan Administrator and B&C Agent.\n § 52.13 North American Numbering Plan Administrator.\n § 52.15 Central office code administration.\n § 52.16 Billing and Collection Agent.\n § 52.17 Costs of number administration.\n § 52.19 Area code relief.\n Subpart C Number Portability\n § 52.20 Thousands-block number pooling.\n § 52.21 Definitions.\n § 52.23 Deployment of long-term database methods for number portability by LECs.\n § 52.25 Database architecture and administration.\n § 52.26 NANC Recommendations on Local Number Portability Administration.\n § 52.31 Deployment of long-term database methods for number portability by CMRS providers.\n § 52.32 Allocation of the shared costs of long-term number portability.\n § 52.33 Recovery of carrier-specific costs directly related to providing long-term number\n portability.\n § 52.34 Obligations regarding local number porting to and from interconnected VoIP or\n Internet-based TRS providers.\n § 52.35 Porting Intervals.\n § 52.36 Standard data fields for simple port order processing.\n § 52.37 Number Portability Requirements for Wireless Providers.\n §§ 52.38-52.99 [Reserved]\n Subpart D Toll Free Numbers\n § 52.101 General definitions.\n\n47 CFR Part 52 (Feb. 20, 2024) (enhanced display) page 1 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR Part 52 (Feb. 20, 2024)\nNumbering\n\n\n § 52.103 Lag times.\n § 52.105 Warehousing.\n § 52.107 Hoarding.\n § 52.109 Permanent cap on number reservations.\n § 52.111 Toll free number assignment.\n Subpart E Universal Dialing Code for National Suicide Prevention and Mental\n Health Crisis Hotline System\n § 52.200 Designation of 988 for a National Suicide Prevention and Mental Health Crisis\n Hotline.\n § 52.201 Texting to the National Suicide Prevention and Mental Health Crisis Hotline.\n Appendix to Part 52\n Deployment Schedule for Long-Term Database Methods for\n Local Number Portability\n\n\nPART 52—NUMBERING\nAuthority: 47 U.S.C. 151, 152, 153, 154, 155, 201–205, 207–209, 218, 225–227, 251–252, 271, 303, 332, unless\n otherwise noted.\n\nSource: 61 FR 38637, July 25, 1996, unless otherwise noted.\n\nSubpart A—Scope and Authority\n\nSource: 61 FR 47353, Sept. 6, 1996, unless otherwise noted.\n\n\n\n§ 52.1 Basis and purpose.\n (a) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et.\n seq.\n\n (b) Purpose. The purpose of these rules is to establish, for the United States, requirements and conditions for\n the administration and use of telecommunications numbers for provision of telecommunications\n services.\n\n§ 52.3 General.\nThe Commission shall have exclusive authority over those portions of the North American Numbering Plan (NANP)\nthat pertain to the United States. The Commission may delegate to the States or other entities any portion of such\njurisdiction.\n\n§ 52.5 Definitions.\n (a) Incumbent local exchange carrier. With respect to an area, an “incumbent local exchange carrier” is a local\n exchange carrier that:\n\n47 CFR 52.5(a) (enhanced display) page 2 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.5(a)(1)\nNumbering\n\n\n (1) On February 8, 1996, provided telephone exchange service in such area; and\n\n (2)\n\n (i) On February 8, 1996, was deemed to be a member of the exchange carrier Association pursuant\n to § 69.601(b) of this chapter (47 CFR 69.601(b)); or\n\n (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a\n member described in paragraph (a)(2)(i) of this section.\n\n (b) Interconnected Voice over Internet Protocol (VoIP) service provider. The term “interconnected VoIP service\n provider” is an entity that provides interconnected VoIP service, as that term is defined in 47 U.S.C.\n Section 153(25).\n\n (c) North American Numbering Council (NANC). The “North American Numbering Council” is an advisory\n committee created under the Federal Advisory Committee Act, 5 U.S.C., App (1988), to advise the\n Commission and to make recommendations, reached through consensus, that foster efficient and\n impartial number administration.\n\n (d) North American Numbering Plan (NANP). The “North American Numbering Plan” is the basic numbering\n scheme for the telecommunications networks located in American Samoa, Anguilla, Antigua, Bahamas,\n Barbados, Bermuda, British Virgin Islands, Canada, Cayman Islands, Dominica, Dominican Republic,\n Grenada, Jamaica, Montserrat, Sint Maarten, St. Kitts & Nevis, St. Lucia, St. Vincent, Turks & Caicos\n Islands, Trinidad & Tobago, and the United States (including Puerto Rico, the U.S. Virgin Islands, Guam, the\n Commonwealth of the Northern Mariana Islands).\n\n (e) Service provider. The term “service provider” refers to a telecommunications carrier or other entity that\n receives numbering resources from the NANPA, a Pooling Administrator or a telecommunications carrier\n for the purpose of providing or establishing telecommunications service. For the purposes of this part, the\n term “service provider” includes an interconnected VoIP service provider.\n\n (f) State. The term “state” includes the District of Columbia and the Territories and possessions.\n\n (g) State commission. The term “state commission” means the commission, board, or official (by whatever\n name designated) which under the laws of any state has regulatory jurisdiction with respect to intrastate\n operations of carriers.\n\n (h) Telecommunications. “Telecommunications” means the transmission, between or among points specified\n by the user, of information of the user's choosing, without change in the form or content of the\n information as sent and received.\n\n (i) Telecommunications carrier or carrier. A “telecommunications carrier” or “carrier” is any provider of\n telecommunications services, except that such term does not include aggregators of telecommunications\n services (as defined in 47 U.S.C. 226(a)(2)). For the purposes of this part, the term “telecommunications\n carrier” or “carrier” includes an interconnected VoIP service provider.\n\n (j) Telecommunications service. The term “telecommunications service” refers to the offering of\n telecommunications for a fee directly to the public, or to such classes of users as to be effectively\n available directly to the public, regardless of the facilities used. For purposes of this part, the term\n “telecommunications service” includes interconnected VoIP service as that term is defined in 47 U.S.C.\n 153(25).\n\n[80 FR 66477, Oct. 29, 2015, as amended at 80 FR 1131, Jan. 11, 2016]\n\n\n47 CFR 52.5(j) (enhanced display) page 3 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.7\nNumbering\n\n\nSubpart B—Administration\n\nSource: 61 FR 47353, Sept. 6, 1996, unless otherwise noted.\n\n\n\n§ 52.7 Definitions.\nAs used in this subpart:\n\n (a) Area code or numbering plan area (NPA). The term “area code or numbering plan area” refers to the first\n three digits (NXX) of a ten-digit telephone number in the form NXX-NXX-XXXX, where N represents any\n one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9.\n\n (b) Area code relief. The term “area code relief” refers to the process by which central office codes are made\n available when there are few or no unassigned central office codes remaining in an existing area code and\n a new area code is introduced. Area code relief includes planning for area code “jeopardy,” which is a\n situation where central office codes may become exhausted before an area code relief plan can be\n implemented.\n\n (c) Central office (CO) code. The term “central office code” refers to the second three digits (NXX) of a ten-\n digit telephone number in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 through\n 9 and X represents any one of the numbers 0 through 9.\n\n (d) Central office (CO) code administrator. The term “central office code administrator” refers to the entity or\n entities responsible for managing central office codes in each area code.\n\n (e) North American Numbering Plan Administrator (NANPA). The term “North American Numbering Plan\n Administrator” refers to the entity or entities responsible for managing the NANP.\n\n (f) Billing and Collection Agent. The term “Billing & Collection Agent” (“B&C Agent”) refers to the entity\n responsible for the collection of funds to support numbering administration for telecommunications\n services from the United States telecommunications industry and NANP member countries.\n\n (g) Pooling Administrator (PA). The term “Pooling Administrator” refers to the entity or entities responsible for\n administering a thousands-block number pool.\n\n (h) Contamination. Contamination occurs when at least one telephone number within a block of telephone\n numbers is not available for assignment to end users or customers. For purposes of this provision, a\n telephone number is “not available for assignment” if it is classified as administrative, aging, assigned,\n intermediate, or reserved as defined in § 52.15(f)(1).\n\n (i) Donation. The term “donation” refers to the process by which carriers are required to contribute telephone\n numbers to a thousands-block number pool.\n\n (j) Inventory. The term “inventory” refers to all telephone numbers distributed, assigned or allocated:\n\n (1) To a service provider; or\n\n (2) To a pooling administrator for the purpose of establishing or maintaining a thousands-block number\n pool.\n\n[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55180, Oct. 23, 1997; 65 FR 37707, June 16, 2000]\n\n\n\n47 CFR 52.7(j)(2) (enhanced display) page 4 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.9\nNumbering\n\n\n§ 52.9 General requirements.\n (a) To ensure that telecommunications numbers are made available on an equitable basis, the administration\n of telecommunications numbers shall, in addition to the specific requirements set forth in this subpart:\n\n (1) Facilitate entry into the telecommunications marketplace by making telecommunications numbering\n resources available on an efficient, timely basis to telecommunications carriers;\n\n (2) Not unduly favor or disfavor any particular telecommunications industry segment or group of\n telecommunications consumers; and\n\n (3) Not unduly favor one telecommunications technology over another.\n\n (b) If the Commission delegates any telecommunications numbering administration functions to any State or\n other entity pursuant to 47 U.S.C. 251(e)(1), such State or entity shall perform these functions in a manner\n consistent with this part.\n\n§ 52.11 North American Numbering Council.\nThe duties of the North American Numbering Council (NANC), may include, but are not limited to:\n\n (a) Advising the Commission on policy matters relating to the administration of the NANP in the United\n States;\n\n (b) Making recommendations, reached through consensus, that foster efficient and impartial number\n administration;\n\n (c) Initially resolving disputes, through consensus, that foster efficient and impartial number administration in\n the United States by adopting and utilizing dispute resolution procedures that provide disputants,\n regulators, and the public notice of the matters at issue, a reasonable opportunity to make oral and\n written presentations, a reasoned recommended solution, and a written report summarizing the\n recommendation and the reasons therefore;\n\n (d) [Reserved]\n\n (e) Recommending to the Commission an appropriate mechanism for recovering the costs of NANP\n administration in the United States, consistent with § 52.17;\n\n (f) Carrying out the duties described in § 52.25; and\n\n (g) Carrying out this part as directed by the Commission;\n\n (h) Monitoring the performance of the NANPA and the B&C Agent on at least an annual basis; and\n\n (i) Implementing, at the direction of the Commission, any action necessary to correct identified problems\n with the performance of the NANPA and the B&C Agent, as deemed necessary.\n\n[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55180, Oct. 23, 1997; 71 FR 65750, Nov. 9, 2006]\n\n\n§ 52.12 North American Numbering Plan Administrator and B&C Agent.\nThe North American Numbering Plan Administrator (“NANPA”) and the associated “B&C Agent” will conduct their\nrespective operations in accordance with this section. The NANPA and the B&C Agent will conduct their respective\noperations with oversight from the Federal Communications Commission (the “Commission”) and with\nrecommendations from the North American Numbering Council (“NANC”).\n\n47 CFR 52.12 (enhanced display) page 5 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.12(a)\nNumbering\n\n\n (a)\n\n (1) Neutrality. The NANPA and the B&C Agent shall be non-governmental entities that are impartial and\n not aligned with any particular telecommunication industry segment. Accordingly, while conducting\n their respective operations under this section, the NANPA and B&C Agent shall ensure that they\n comply with the following neutrality criteria:\n\n (i) The NANPA and B&C Agent may not be an affiliate of any telecommunications service\n provider(s) as defined in the Telecommunications Act of 1996, or an affiliate of any\n interconnected VoIP provider as that term is defined in § 52.21(h). “Affiliate” is a person who\n controls, is controlled by, or is under the direct or indirect common control with another person.\n A person shall be deemed to control another if such person possesses, directly or indirectly—\n\n (A) An equity interest by stock, partnership (general or limited) interest, joint venture\n participation, or member interest in the other person ten (10%) percent or more of the total\n outstanding equity interests in the other person, or\n\n (B) The power to vote ten (10%) percent or more of the securities (by stock, partnership\n (general or limited) interest, joint venture participation, or member interest) having\n ordinary voting power for the election of directors, general partner, or management of\n such other person, or\n\n (C) The power to direct or cause the direction of the management and policies of such other\n person, whether through the ownership of or right to vote voting rights attributable to the\n stock, partnership (general or limited) interest, joint venture participation, or member\n interest) of such other person, by contract (including but not limited to stockholder\n agreement, partnership (general or limited) agreement, joint venture agreement, or\n operating agreement), or otherwise;\n\n (ii) The NANPA and B&C Agent, and any affiliate thereof, may not issue a majority of its debt to, nor\n may it derive a majority of its revenues from, any telecommunications service provider.\n “Majority” shall mean greater than 50 percent, and “debt” shall mean stocks, bonds, securities,\n notes, loans or any other instrument of indebtedness; and\n\n (iii) Notwithstanding the neutrality criteria set forth in paragraphs (a)(1) (i) and (ii) of this section,\n the NANPA and B&C Agent may be determined to be or not to be subject to undue influence by\n parties with a vested interest in the outcome of numbering administration and activities. NANC\n may conduct an evaluation to determine whether the NANPA and B&C Agent meet the undue\n influence criterion.\n\n (2) Any subcontractor that performs—\n\n (i) NANP administration and central office code administration, or\n\n (ii) Billing and Collection functions, for the NANPA or for the B&C Agent must also meet the\n neutrality criteria described in paragraph (a)(1).\n\n (b) Term of administration. The NANPA shall provide numbering administration, including central office code\n administration, for the United States portion of the North American Numbering Plan (“NANP”) for an initial\n period of five (5) years. At any time prior to the termination of the initial or subsequent term of\n administration, such term may be renewed for up to five (5) years with the approval of the Commission\n and the agreement of the NANPA. The B&C Agent shall provide billing and collection functions for an\n\n\n47 CFR 52.12(b) (enhanced display) page 6 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.12(c)\nNumbering\n\n\n initial period of five (5) years. At any time prior to the termination of the initial or subsequent term of\n administration, such term may be renewed for up to five (5) years with the approval of the Commission\n and the agreement of the B&C Agent.\n\n (c) Changes to regulations, rules, guidelines or directives. In the event that regulatory authorities or industry\n groups (including, for example, the Industry Numbering Committee—INC, or its successor) issue rules,\n requirements, guidelines or policy directives which may affect the functions performed by the NANPA and\n the B&C Agent, the NANPA and the B&C Agent shall, within 10 business days from the date of official\n notice of such rules, requirements, guidelines or policy directives, assess the impact on its operations and\n advise the Commission of any changes required. NANPA and the B&C Agent shall provide written\n explanation why such changes are required. To the extent the Commission deems such changes are\n necessary, the Commission will recommend to the NANP member countries appropriate cost recovery\n adjustments, if necessary.\n\n (d) Performance review process. NANPA and the B&C Agent shall develop and implement an internal,\n documented performance monitoring mechanism and shall provide such performance review on request\n of the Commission on at least an annual basis. The annual assessment process will not preclude\n telecommunications industry participants from identifying performance problems to the NANPA, the B&C\n Agent and the NANC as they occur, and from seeking expeditious resolution. If performance problems are\n identified by a telecommunications industry participant, the NANC, B&C Agent or NANPA shall investigate\n and report within 10 business days of notice to the participant of corrective action, if any, taken or to be\n taken. The NANPA, B&C Agent or NANC (as appropriate) shall be permitted reasonable time to take\n corrective action, including the necessity of obtaining the required consent of the Commission.\n\n (e) Termination. If the Commission determines at any time that the NANPA or the B&C Agent fails to comply\n with the neutrality criteria set forth in paragraph (a) of this section or substantially or materially defaults in\n the performance of its obligations, the Commission shall advise immediately the NANPA or the B&C\n Agent of said failure or default, request immediate corrective action, and permit the NANPA or B&C Agent\n reasonable time to correct such failure or default. If the NANPA or B&C Agent is unwilling or unable to\n take corrective action, the Commission may, in a manner consistent with the requirements of the\n Administrative Procedure Act and the Communications Act of 1934, as amended, take any action that it\n deems appropriate, including termination of the NANPA's or B&C Agent's term of administration.\n\n (f) Required and optional enterprise services. Enterprise Services, which are services beyond those described\n in § 52.13 that may be provided by the new NANPA for specified fees, may be offered with prior approval\n of the Commission.\n\n (1) Required Enterprise Services. At the request of a code holder, the NANPA shall, in accordance with\n industry standards and for reasonable fees, enter certain routing and rating information, into the\n industry-approved database(s) for dissemination of such information. This task shall include\n reviewing the information and assisting in its preparation.\n\n (2) Optional Enterprise Services. The NANPA may, subject to prior approval and for reasonable fees,\n offer “Optional Enterprise Services” which are any services not described elsewhere in this section.\n\n (3) Annual report. NANPA shall identify and record all direct costs associated with providing Enterprise\n Services separately from the costs associated with the non-enterprise NANPA functions. The\n NANPA shall submit an annual report to the NANC summarizing the revenues and costs for\n providing each Enterprise Service. NANPA shall be audited by an independent auditor after the first\n year of operations and every two years thereafter, and submit the report to the Commission for\n appropriate review and action.\n\n47 CFR 52.12(f)(3) (enhanced display) page 7 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.13\nNumbering\n\n\n[63 FR 55180, Oct. 23, 1997, as amended at 73 FR 9481, Feb. 21, 2008]\n\n\n§ 52.13 North American Numbering Plan Administrator.\n (a) The North American Numbering Plan Administrator (NANPA) shall be an independent and impartial non-\n government entity.\n\n (b) The NANPA shall administer the numbering resources identified in paragraph (d) of this section. It shall\n assign and administer NANP resources in an efficient, effective, fair, unbiased, and non-discriminatory\n manner consistent with industry-developed guidelines and Commission regulations. It shall support the\n Commission's efforts to accommodate current and future numbering needs. It shall perform additional\n functions, including but not limited to:\n\n (1) Ensuring the efficient and effective administration and assignment of numbering resources by\n performing day-to-day number resource assignment and administrative activities;\n\n (2) Planning for the long-term need for NANP resources to ensure the continued viability of the NANP by\n implementing a plan for number resource administration that uses effective forecasting and\n management skills in order to make the industry aware of the availability of numbering resources\n and to meet the current and future needs of the industry;\n\n (3) Complying with guidelines of the North American Industry Numbering Committee (INC) or its\n successor, related industry documentation, Commission regulations and orders, and the guidelines\n of other appropriate policy-making authorities;\n\n (4) Providing management supervision for all of the services it provides, including responsibility for\n achieving performance measures established by the NANC and the INC in industry guidelines;\n\n (5) Participating in the NANC annual performance review as described in §§ 52.11 and 52.12;\n\n (6) Establishing and maintaining relationships with current governmental and regulatory bodies, and\n their successors, including the United States Federal Communications Commission, Industry\n Canada, the Canadian Radio-television and Telecommunications Commission, and other United\n States, Canadian, and Caribbean numbering authorities and regulatory agencies, and addressing\n policy directives from these bodies;\n\n (7) Cooperating with and actively participating in numbering standards bodies and industry fora, such as\n INC and, upon request, the Canadian Steering Committee on Numbering (CSCN);\n\n (8) Representing the NANP to national and international numbering bodies;\n\n (9) Developing and maintaining communications channels with other countries who also participate in\n the NANP to ensure that numbering needs of all countries served by the NANP are met;\n\n (10) Attending United States Study Group A meetings and maintaining a working knowledge of Study\n Group 2 International Telecommunications Union activities on behalf of the United States\n telecommunications industry;\n\n (11) Reviewing requests for all numbering resources to implement new applications and services and\n making assignments in accordance with industry-developed resource planning and assignment\n guidelines;\n\n (12) Referring requests for particular numbering resources to the appropriate industry body where\n guidelines do not exist for those resources;\n\n47 CFR 52.13(b)(12) (enhanced display) page 8 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.13(b)(13)\nNumbering\n\n\n (13) Participating in industry activities to determine whether, when new telecommunications services\n requiring numbers are proposed, NANP numbers are appropriate and what level of resource is\n required (e.g., line numbers, central office codes, NPA codes);\n\n (14) Maintaining necessary administrative staff to handle the legal, financial, technical, staffing, industry,\n and regulatory issues relevant to the management of all numbering resources, as well as\n maintaining the necessary equipment, facilities, and proper billing arrangements associated with\n day-to-day management of all numbering resources;\n\n (15) Managing the NANP in accordance with published guidelines adopted in conjunction with the\n industry and the appropriate NANP member countries' governing agencies, and referring issues to\n the appropriate industry body for resolution when they have not been addressed by the industry;\n\n (16) Responding to requests from the industry and from regulators for information about the NANP and\n its administration, as the primary repository for numbering information in the industry;\n\n (17) Providing upon request information regarding how to obtain current documents related to NANP\n administration;\n\n (18) Providing assistance to users of numbering resources and suggesting numbering administration\n options, when possible, that will optimize number resource utilization;\n\n (19) Coordinating its numbering resource activities with the Canadian Number Administrator and other\n NANP member countries' administrators to ensure efficient and effective management of NANP\n numbering resources; and\n\n (20) Determining the final allocation methodology for sharing costs between NANP countries.\n\n (c) In performing the functions outlined in paragraph (b) of this section, the NANPA shall:\n\n (1) Ensure that the interests of all NANP member countries are considered;\n\n (2) Assess fairly requests for assignments of NANP numbering resources and ensure the assignment of\n numbering resources to appropriate service providers;\n\n (3) Develop, operate and maintain the computer hardware, software (database) and mechanized\n systems required to perform the NANPA and central office (CO) Code Administration functions;\n\n (4) Manage projects such as Numbering Plan Area (NPA) relief (area code relief) planning, Numbering\n Resource Utilization and Forecast (NRUF) data collection, and NPA and NANP exhaust projection;\n\n (5) Facilitate NPA relief planning meetings;\n\n (6) Participate in appropriate industry activities;\n\n (7) Manage proprietary data and competitively sensitive information and maintain the confidentiality\n thereof;\n\n (8) Act as an information resource for the industry concerning all aspects of numbering (i.e., knowledge\n and experience in numbering resource issues, International Telecommunications Union (ITU)\n Recommendation E.164, the North American Numbering Plan (NANP), NANP Administration, INC,\n NANP area country regulatory issues affecting numbering, number resource assignment guidelines,\n central office code administration, relief planning, international numbering issues, etc.); and\n\n (9) Ensure that any action taken with respect to number administration is consistent with this part.\n\n\n47 CFR 52.13(c)(9) (enhanced display) page 9 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.13(d)\nNumbering\n\n\n (d) The NANPA and, to the extent applicable, the B&C Agent, shall administer numbering resources in an\n efficient and non-discriminatory manner, in accordance with Commission rules and regulations and the\n guidelines developed by the INC and other industry groups pertaining to administration and assignment of\n numbering resources, including, but not limited to:\n\n (1) Numbering Plan Area (NPA) codes,\n\n (2) Central Office codes for the 809 area,\n\n (3) International Inbound NPA 456 NXX codes,\n\n (4) (NPA) 500 NXX codes,\n\n (5) (NPA) 900 NXX codes,\n\n (6) N11 Service codes,\n\n (7) 855–XXXX line numbers,\n\n (8) 555–XXXX line numbers,\n\n (9) Carrier Identification Codes,\n\n (10) Vertical Service Codes,\n\n (11) ANI Information Integer (II) Digit Pairs,\n\n (12) Non Dialable Toll Points, and\n\n (13) New numbering resources as may be defined.\n\n (e) Relationships with other NANP member countries' administrators and authorities. The NANPA shall\n address policy directives from other NANP member countries' governmental and regulatory authorities\n and coordinate its activities with other NANP member countries' administrators, if any, to ensure efficient\n and effective management of NANP resources.\n\n (f) Transition plan. The NANPA shall implement a transition plan, subject to Commission approval, leading to\n its assumption of NANPA functions within 90 days of the effective date of a Commission order\n announcing the selection of the NANPA.\n\n (g) Transfer of intellectual property. The new NANPA must make available any and all intellectual property and\n associated hardware resulting from its activities as numbering administrator including, but not limited to,\n systems and the data contained therein, software, interface specifications and supporting documentation\n and make such property available to whomever NANC directs free of charge. The new NANPA must\n specify any intellectual property it proposes to exclude from the provisions of this paragraph based on the\n existence of such property prior to its selection as NANPA.\n\n[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55181, Oct. 23, 1997; 71 FR 65750, Nov. 9, 2006]\n\n\n§ 52.15 Central office code administration.\n\nLink to an amendment published at 88 FR 80637, Nov. 20, 2023.\n\n (a) Central Office Code Administration shall be performed by the NANPA, or another entity or entities, as\n designated by the Commission.\n\n47 CFR 52.15(a) (enhanced display) page 10 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(b)\nNumbering\n\n\n (b) Duties of the entity or entities performing central office code administration may include, but are not\n limited to:\n\n (1) Processing central office code assignment applications and assigning such codes in a manner that\n is consistent with this part;\n\n (2) Accessing and maintaining central office code assignment databases;\n\n (3) Conducting the Numbering Resource Utilization and Forecast (NRUF) data collection;\n\n (4) Monitoring the use of central office codes within each area code and forecasting the date by which\n all central office codes within that area code will be assigned; and\n\n (5) Planning for and initiating area code relief, consistent with § 52.19.\n\n (c) [Reserved]\n\n (d) Central Office (CO) Code Administration functional requirements. The NANPA shall manage the United\n States CO code numbering resource, including CO code request processing, NPA code relief and jeopardy\n planning, and industry notification functions. The NANPA shall perform its CO Code administration\n functions in accordance with the published industry numbering resource administration guidelines and\n Commission orders and regulations of 47 CFR chapter I.\n\n (e) [Reserved]\n\n (f) Mandatory reporting requirements —\n\n (1) Number use categories. Numbering resources must be classified in one of the following categories:\n\n (i) Administrative numbers are numbers used by telecommunications carriers to perform internal\n administrative or operational functions necessary to maintain reasonable quality of service\n standards.\n\n (ii) Aging numbers are disconnected numbers that are not available for assignment to another end\n user or customer for a specified period of time. Numbers previously assigned to residential\n customers may be aged for no less than 45 days and no more than 90 days. Numbers\n previously assigned to business customers may be aged for no less than 45 days and no more\n than 365 days.\n\n (iii) Assigned numbers are numbers working in the Public Switched Telephone Network under an\n agreement such as a contract or tariff at the request of specific end users or customers for\n their use, or numbers not yet working but having a customer service order pending. Numbers\n that are not yet working and have a service order pending for more than five days shall not be\n classified as assigned numbers.\n\n (iv) Available numbers are numbers that are available for assignment to subscriber access lines, or\n their equivalents, within a switching entity or point of interconnection and are not classified as\n assigned, intermediate, administrative, aging, or reserved.\n\n (v) Intermediate numbers are numbers that are made available for use by another\n telecommunications carrier or non-carrier entity for the purpose of providing\n telecommunications service to an end user or customer. Numbers ported for the purpose of\n transferring an established customer's service to another service provider shall not be\n classified as intermediate numbers.\n\n\n47 CFR 52.15(f)(1)(v) (enhanced display) page 11 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(f)(1)(vi)\nNumbering\n\n\n (vi) Reserved numbers are numbers that are held by service providers at the request of specific end\n users or customers for their future use. Numbers held for specific end users or customers for\n more than 180 days shall not be classified as reserved numbers.\n\n (2) Reporting carrier. The term “reporting carrier” refers to a telecommunications carrier that receives\n numbering resources from the NANPA, a Pooling Administrator or another telecommunications\n carrier.\n\n (3) Data collection procedures.\n\n (i) Reporting carriers shall report utilization and forecast data to the NANPA.\n\n (ii) Reporting shall be by separate legal entity and must include company name, company\n headquarters address, Operating Company Number (OCN), parent company OCN, and the\n primary type of business in which the reporting carrier is engaged. The term “parent company”\n refers to the highest related legal entity located within the state for which the reporting carrier\n is reporting data.\n\n (iii) All data shall be filed electronically in a format approved by the Common Carrier Bureau.\n\n (4) Forecast data reporting.\n\n (i) Reporting carriers shall submit to the NANPA a five-year forecast of their yearly numbering\n resource requirements.\n\n (ii) In areas where thousands-block number pooling has been implemented:\n\n (A) Reporting carriers that are required to participate in thousands-block number pooling shall\n report forecast data at the thousands-block (NXX-X) level per rate center;\n\n (B) Reporting carriers that are not required to participate in thousands-block number pooling\n shall report forecast data at the central office code (NXX) level per rate center.\n\n (iii) In areas where thousands-block number pooling has not been implemented, reporting carriers\n shall report forecast data at the central office code (NXX) level per NPA.\n\n (iv) Reporting carriers shall identify and report separately initial numbering resources and growth\n numbering resources.\n\n (5) Utilization data reporting.\n\n (i) Reporting carriers shall submit to the NANPA a utilization report of their current inventory of\n numbering resources. The report shall classify numbering resources in the following number\n use categories: assigned, intermediate, reserved, aging, and administrative.\n\n (ii) Rural telephone companies, as defined in the Communications Act of 1934, as amended, 47\n U.S.C. 153(37), that provide telecommunications service in areas where local number\n portability has not been implemented shall report utilization data at the central office code\n (NXX) level per rate center in those areas.\n\n (iii) All other reporting carriers shall report utilization data at the thousands-block (NXX-X) level per\n rate center.\n\n (6) Reporting frequency.\n\n\n\n47 CFR 52.15(f)(6) (enhanced display) page 12 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(f)(6)(i)\nNumbering\n\n\n (i) Reporting carriers shall file forecast and utilization reports semi-annually on or before February\n 1 for the preceding reporting period ending on December 31, and on or before August 1 for the\n preceding reporting period ending on June 30. Mandatory reporting shall commence August 1,\n 2000.\n\n (ii) State commissions may reduce the reporting frequency for NPAs in their states to annual.\n Reporting carriers operating in such NPAs shall file forecast and utilization reports annually on\n or before August 1 for the preceding reporting period ending on June 30, commencing August\n 1, 2000.\n\n (iii) A state commission seeking to reduce the reporting frequency pursuant to paragraph (f) (6)(ii)\n of this section shall notify the Wireline Competition Bureau and the NANPA in writing prior to\n reducing the reporting frequency.\n\n (7) Access to data and confidentiality —States shall have access to data reported to the NANPA provided\n that they have appropriate protections in place to prevent public disclosure of disaggregated, carrier-\n specific data.\n\n (8) Reports of Permanently Disconnected Numbers—Reporting carriers must report information\n regarding NANP numbers in accordance with § 64.1200(l) of this title.\n\n (g) Applications for numbering resources —\n\n (1) General requirements. An applicant for numbering resources must include in its application the\n applicant's company name, company headquarters address, OCN, parent company's OCN(s), and the\n primary type of business in which the numbering resources will be used.\n\n (2) Initial numbering resources. An applicant for initial numbering resources must include in its\n application evidence that the applicant is authorized to provide service in the area for which the\n numbering resources are requested; and that the applicant is or will be capable of providing service\n within sixty (60) days of the numbering resources activation date. A provider of VoIP Positioning\n Center (VPC) services that is unable to demonstrate authorization to provide service in a state may\n instead demonstrate that the state does not certify VPC service providers in order to request\n pseudo-Automatic Numbering Identification (p-ANI) codes directly from the Numbering\n Administrators for purposes of providing 911 and E–911 service.\n\n (3) Commission authorization process. A provider of interconnected VoIP service may show a\n Commission authorization obtained pursuant to this paragraph (g)(3) as evidence that it is\n authorized to provide service under paragraph (g)(2) of this section.\n\n (i) Definition. The term foreign carrier found in this section is given the same meaning as in §\n 63.09(d) of this chapter.\n\n (ii) Contents of the application for interconnected VoIP provider numbering authorization. An\n application for authorization must reference this section and must contain the following:\n\n (A) The applicant's name, address, and telephone number and contact information for\n personnel qualified to address issues relating to regulatory requirements, compliance with\n Commission's rules in this chapter, 911, and law enforcement;\n\n\n\n\n47 CFR 52.15(g)(3)(ii)(A) (enhanced display) page 13 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(g)(3)(ii)(B)\nNumbering\n\n\n (B) An acknowledgment that the authorization granted under this paragraph (g)(3) is subject\n to compliance with applicable Commission numbering rules in this part; numbering\n authority delegated to the states; and industry guidelines and practices regarding\n numbering as applicable to telecommunications carriers;\n\n (C)–(F) [Reserved]\n\n (G) An acknowledgment that the applicant must file requests for numbers with the relevant\n state commission(s) at least 30 days before requesting numbers from the Numbering\n Administrators;\n\n (H) Proof that the applicant is or will be capable of providing service within sixty (60) days of\n the numbering resources activation date in accordance with paragraph (g)(2) of this\n section;\n\n (I) [Reserved]\n\n (J) A certification that the applicant complies with its applicable Universal Service Fund\n contribution obligations under part 54, subpart H, of this chapter, its Telecommunications\n Relay Service contribution obligations under § 64.604(c)(5)(iii) of this chapter, its NANP\n and local number portability (LNP) administration contribution obligations under §§ 52.17\n and 52.32 of this chapter, and its obligations to pay regulatory fees under § 1.1154 of this\n chapter;\n\n (K) A certification that the applicant possesses the financial, managerial, and technical\n expertise to provide reliable service. This certification must include the name of\n applicant's key management and technical personnel, such as the Chief Operating Officer\n and the Chief Technology Officer, or equivalent, and state that none of the identified\n personnel are being or have been investigated by the Commission or any law enforcement\n or regulatory agency for failure to comply with any law, rule, or order; and\n\n (L) [Reserved]\n\n (M) A certification pursuant to §§ 1.2001 and 1.2002 of this chapter that no party to the\n application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-\n Drug Abuse Act of 1988, see 21 U.S.C. 862.\n\n (N) [Reserved]\n\n (iii) Filing procedure. An applicant for Commission authorization under this section must file its\n application electronically through the “Submit a Non-Docketed Filing” module of the\n Commission's Electronic Comment Filing System (ECFS). Each application shall be\n accompanied by the fee prescribed in part 1, subpart G, of this chapter.\n\n (iv) Public notice and review period for streamlined pleading cycle. Upon determination by the\n Wireline Competition Bureau (Bureau) that the applicant has filed a complete application that is\n appropriate for streamlined treatment, the Bureau will assign a docket number to the\n application and issue a public notice stating that the application has been accepted for filing as\n a streamlined application. The applicant must make all subsequent filings relating to its\n application in this docket. Parties may file comments addressing an application for\n authorization no later than 15 days after the Bureau releases a public notice stating that the\n application has been accepted for filing, unless the public notice specifies a different filing date.\n\n\n47 CFR 52.15(g)(3)(iv) (enhanced display) page 14 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(g)(3)(v)\nNumbering\n\n\n An application under this section is deemed granted by the Commission on the 31st day after\n the Commission releases a public notice stating that the application has been accepted for\n filing, unless the Bureau notifies the applicant that the grant will not be automatically effective.\n\n (v) Non-streamlined processing of applications. If an application discloses that the applicant has\n reportable ownership by a foreign person or entity, the Bureau shall remove the application\n from streamlined processing. The Bureau may also remove an application from streamlined\n processing at its discretion for other reasons. The Bureau shall notify the applicant by public\n notice that it is removing the application from streamlined processing, and shall state the\n reason for the removal. An application may also receive non-streamlined processing if:\n\n (A) An applicant fails to respond promptly to Commission inquiries;\n\n (B) An application is associated with a non-routine request for waiver of the Commission's\n rules in this chapter;\n\n (C) An application would, on its face, violate a Commission rule in this chapter or the\n Communications Act;\n\n (D) Timely filed comments on the application raise public interest concerns that require\n further Commission review; or\n\n (E) The Bureau determines that the application requires further analysis to determine whether\n granting the application serves the public interest.\n\n (vi) Additional information. Applicants must provide additional information requested by the Bureau\n during and after its initial review of a direct access application. Failure to respond to such a\n request or other official correspondence may result in the rejection of the application without\n prejudice. Any additional information that the Bureau may require must be submitted in the\n same manner as the original application filing, unless the Bureau specifies another method.\n\n (vii) Rejection of applications. The Bureau may reject an application by announcing the rejection, the\n reasons for the rejection, and whether the rejection is with or without prejudice via public notice\n if it determines or has a reasonable basis to believe that:\n\n (A) The applicant cannot satisfy the qualification requirements for a Commission\n authorization under this paragraph (g)(3);\n\n (B) The applicant has made a false statement or certification to the Commission;\n\n (C) The applicant has engaged in behavior contrary to the public interest; or\n\n (D) Granting the application would not serve the public interest.\n\n (viii) Authorization suspension. The Wireline Competition Bureau or Enforcement Bureau may\n suspend a direct access authorization holder's access to new numbering resources under 5\n U.S.C. 558(c):\n\n (A) After either Bureau determines that the authorization holder acted willfully; or public\n health, interest, or safety requires an immediate suspension; or\n\n (B) After giving the authorization holder notice and an opportunity to demonstrate compliance\n with the Commission's rules in this chapter.\n\n\n\n47 CFR 52.15(g)(3)(viii)(B) (enhanced display) page 15 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(g)(3)(ix)\nNumbering\n\n\n (ix) Authorization revocation. The Wireline Competition Bureau or Enforcement Bureau shall\n determine appropriate procedures and initiate revocation and/or termination proceedings and\n revoke and/or terminate an authorization, as required by due process and applicable law and in\n light of the relevant facts and circumstances, including providing the authorization holder with\n notice and opportunity to respond. Either Bureau may commence such revocation and/or\n termination proceedings if:\n\n (A) The authorization holder has failed to comply with the Commission's numbering rules in\n this part.\n\n (B) The authorization holder no longer meets the requirements for a Commission\n authorization under this paragraph (g)(3);\n\n (C) The authorization holder, or officer or authorized representative of the authorization holder,\n has made a false statement or certification to the Commission; or\n\n (D) Revoking and/or terminating the authorization is in the public interest.\n\n (x) Conditions applicable to all interconnected VoIP provider numbering authorizations. An\n interconnected VoIP provider authorized to request numbering resources directly from the\n Numbering Administrators under this section shall:\n\n (A) Maintain the accuracy of all contact information and certifications in its application. If any\n contact information or certification is no longer accurate, the provider must file a\n correction with the Commission and each applicable state within thirty (30) days of the\n change of contact information or certification. The Commission may use the updated\n information or certification to determine whether a change in authorization status is\n warranted;\n\n (B) Comply with the applicable Commission numbering rules in this part; numbering authority\n delegated to the states; and industry guidelines and practices regarding numbering as\n applicable to telecommunications carriers;\n\n (C) File requests for numbers with the relevant state commission(s) at least thirty (30) days\n before requesting numbers from the Numbering Administrators; and\n\n (D) Provide accurate regulatory and numbering contact information to each state commission\n when requesting numbers in that state.\n\n (4) Growth numbering resources.\n\n (i) Applications for growth numbering resources shall include:\n\n (A) A Months-to-Exhaust Worksheet that provides utilization by rate center for the preceding\n six months and projected monthly utilization for the next twelve (12) months; and\n\n (B) The applicant's current numbering resource utilization level for the rate center in which it is\n seeking growth numbering resources.\n\n (ii) The numbering resource utilization level shall be calculated by dividing all assigned numbers by\n the total numbering resources in the applicant's inventory and multiplying the result by 100.\n Numbering resources activated in the Local Exchange Routing Guide (LERG) within the\n preceding 90 days of reporting utilization levels may be excluded from the utilization\n calculation.\n\n47 CFR 52.15(g)(4)(ii) (enhanced display) page 16 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(g)(4)(iii)\nNumbering\n\n\n (iii) All service providers shall maintain no more than a six-month inventory of telephone numbers in\n each rate center or service area in which it provides telecommunications service.\n\n (iv) The NANPA shall withhold numbering resources from any U.S. carrier that fails to comply with\n the reporting and numbering resource application requirements established in this part. The\n NANPA shall not issue numbering resources to a carrier without an OCN. The NANPA must\n notify the carrier in writing of its decision to withhold numbering resources within ten (10) days\n of receiving a request for numbering resources. The carrier may challenge the NANPA's\n decision to the appropriate state regulatory commission. The state commission may affirm or\n overturn the NANPA's decision to withhold numbering resources from the carrier based on its\n determination of compliance with the reporting and numbering resource application\n requirements herein.\n\n (5) Non-compliance. The NANPA shall withhold numbering resources from any U.S. carrier that fails to\n comply with the reporting and numbering resource application requirements established in this part.\n The NANPA shall not issue numbering resources to a carrier without an Operating Company Number\n (OCN). The NANPA must notify the carrier in writing of its decision to withhold numbering resources\n within ten (10) days of receiving a request for numbering resources. The carrier may challenge the\n NANPA's decision to the appropriate state regulatory commission. The state commission may affirm,\n or may overturn, the NANPA's decision to withhold numbering resources from the carrier based on\n its determination that the carrier has complied with the reporting and numbering resource\n application requirements herein. The state commission also may overturn the NANPA's decision to\n withhold numbering resources from the carrier based on its determination that the carrier has\n demonstrated a verifiable need for numbering resources and has exhausted all other available\n remedies.\n\n (6) State access to applications. State regulatory commissions shall have access to service provider's\n applications for numbering resources. The state commissions should request copies of such\n applications from the service providers operating within their states, and service providers must\n comply with state commission requests for copies of numbering resource applications. Carriers that\n fail to comply with a state commission request for numbering resource application materials shall\n be denied numbering resources.\n\n (h) National utilization threshold. All applicants for growth numbering resources shall achieve a 60%\n utilization threshold, calculated in accordance with paragraph (g)(3)(ii) of this section, for the rate center\n in which they are requesting growth numbering resources. This 60% utilization threshold shall increase by\n 5% on June 30, 2002, and annually thereafter until the utilization threshold reaches 75%.\n\n (i) Reclamation of numbering resources.\n\n (1) Reclamation refers to the process by which service providers are required to return numbering\n resources to the NANPA or the Pooling Administrator.\n\n (2) State commissions may investigate and determine whether service providers have activated their\n numbering resources and may request proof from all service providers that numbering resources\n have been activated and assignment of telephone numbers has commenced.\n\n (3) Service providers may be required to reduce contamination levels to facilitate reclamation and/or\n pooling.\n\n\n\n\n47 CFR 52.15(i)(3) (enhanced display) page 17 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(i)(4)\nNumbering\n\n\n (4) State commissions shall provide service providers an opportunity to explain the circumstances\n causing the delay in activating and commencing assignment of their numbering resources prior to\n initiating reclamation.\n\n (5) The NANPA and the Pooling Administrator shall abide by the state commission's determination to\n reclaim numbering resources if the state commission is satisfied that the service provider has not\n activated and commenced assignment to end users of their numbering resources within six months\n of receipt.\n\n (6) The NANPA and Pooling Administrator shall initiate reclamation within sixty days of expiration of the\n service provider's applicable activation deadline.\n\n (7) If a state commission declines to exercise the authority delegated to it in this paragraph, the entity or\n entities designated by the Commission to serve as the NANPA shall exercise this authority with\n respect to NXX codes and the Pooling Administrator shall exercise this authority with respect to\n thousands-blocks. The NANPA and the Pooling Administrator shall consult with the Wireline\n Competition Bureau prior to exercising the authority delegated to it in this provision.\n\n (j) Sequential number assignment.\n\n (1) All service providers shall assign all available telephone numbers within an opened thousands-block\n before assigning telephone numbers from an uncontaminated thousands-block, unless the available\n numbers in the opened thousands-block are not sufficient to meet a specific customer request. This\n requirement shall apply to a service provider's existing numbering resources as well as any new\n numbering resources it obtains in the future.\n\n (2) A service provider that opens an uncontaminated thousands-block prior to assigning all available\n telephone numbers within an opened thousands-block should be prepared to demonstrate to the\n state commission:\n\n (i) A genuine request from a customer detailing the specific need for telephone numbers; and\n\n (ii) The service provider's inability to meet the specific customer request for telephone numbers\n from the available numbers within the service provider's opened thousands-blocks.\n\n (3) Upon a finding by a state commission that a service provider inappropriately assigned telephone\n numbers from an uncontaminated thousands-block, the NANPA or the Pooling Administrator shall\n suspend assignment or allocation of any additional numbering resources to that service provider in\n the applicable NPA until the service provider demonstrates that it does not have sufficient numbering\n resources to meet a specific customer request.\n\n (k) Numbering audits.\n\n (1) All telecommunications service providers shall be subject to “for cause” and random audits to verify\n carrier compliance with Commission regulations and applicable industry guidelines relating to\n numbering administration.\n\n (2) The Enforcement Bureau will oversee the conduct and scope of all numbering audits conducted\n under the Commission's jurisdiction, and determine the audit procedures necessary to perform the\n audit. Numbering audits performed by independent auditors pursuant to this section shall be\n conducted in accordance with generally accepted auditing standards and the American Institute of\n Certified Public Accountants' standards for compliance attestation engagements, as supplemented\n by the guidance and direction of the Chief of the Enforcement Bureau.\n\n47 CFR 52.15(k)(2) (enhanced display) page 18 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.15(k)(3)\nNumbering\n\n\n (3) Requests for “for cause” audits shall be forwarded to the Chief of the Enforcement Bureau, with a\n copy to the Chief of the Common Carrier Bureau. Requests must state the reason for which a “for\n cause” audit is being requested and include documentation of the alleged anomaly, inconsistency, or\n violation of the Commission rules or orders or applicable industry guidelines. The Chief of the\n Enforcement Bureau will provide carriers up to 30 days to provide a written response to a request for\n a “for cause” audit.\n\n[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55182, Oct. 23, 1997; 65 FR 37707, June 16, 2000; 66 FR 9531, Feb. 8, 2001; 67\nFR 6434, Feb. 12, 2002; 67 FR 13226, Mar. 21, 2002; 68 FR 25843, May 14, 2003; 71 FR 65750, Nov. 9, 2006; 80 FR 66479, Oct. 29,\n2015; 84 FR 11232, Mar. 26, 2019; 88 FR 80636, Nov. 20, 2023]\n\n\n§ 52.16 Billing and Collection Agent.\nThe B&C Agent shall:\n\n (a) Calculate, assess, bill and collect payments for all numbering administration functions and distribute\n funds to the NANPA, or other agent designated by the Common Carrier Bureau that performs functions\n related to numbering administration, on a monthly basis;\n\n (b) Distribute to carriers the “Telecommunications Reporting Worksheet,” described in § 52.17(b).\n\n (c) Keep confidential all data obtained from carriers and not disclose such data in company-specific form\n unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Wireline\n Competition Bureau, the B & C Agent may share data obtained from carriers with the administrators of the\n universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR\n 64.604(c)(4)(iii)(H) of this chapter), and the local number portability cost recovery (See 47 CFR 52.32).\n The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall\n use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The\n Commission shall have access to all data reported to the Administrator. Contributors may make requests\n for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by\n so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are\n submitted. The Commission shall make all decisions regarding nondisclosure of company-specific\n information.\n\n (d) Develop procedures to monitor industry compliance with reporting requirements and propose specific\n procedures to address reporting failures and late payments;\n\n (e) File annual reports with the appropriate regulatory authorities of the NANP member countries as\n requested; and\n\n (f) Obtain an audit from an independent auditor after the first year of operations and annually thereafter,\n which shall evaluate the validity of calculated payments. The B&C Agent shall submit the audit report to\n the Commission for appropriate review and action.\n\n[62 FR 55183, Oct. 23, 1997, as amended at 64 FR 41330, July 30, 1999; 66 FR 9532, Feb. 8, 2001; 67 FR 13226, Mar. 21, 2002; 73\nFR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.17 Costs of number administration.\nAll telecommunications carriers in the United States shall contribute on a competitively neutral basis to meet the\ncosts of establishing numbering administration.\n\n47 CFR 52.17 (enhanced display) page 19 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.17(a)\nNumbering\n\n\n (a) Contributions to support numbering administration shall be the product of the contributors' end-user\n telecommunications revenues for the prior calendar year and a contribution factor determined annually by\n the Chief of the Common Carrier Bureau; such contributions to be no less than twenty-five dollars ($25).\n The contribution factor shall be based on the ratio of expected number administration expenses to end-\n user telecommunications revenues. Carriers that have no end-user telecommunications revenues shall\n contribute twenty-five dollars ($25). In the event that contributions exceed or are inadequate to cover\n administrative costs, the contribution factor for the following year shall be adjusted by an appropriate\n amount.\n\n (b) All telecommunications carriers in the United States shall complete and submit a “Telecommunications\n Reporting Worksheet” (as published by the Commission in the FEDERAL REGISTER), which sets forth the\n information needed to calculate contributions referred to in paragraph (a) of this section. The worksheet\n shall be certified to by an officer of the contributor, and subject to verification by the Commission or the B\n & C Agent at the discretion of the Commission. The Chief of the Common Carrier Bureau may waive,\n reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require\n additional reporting requirements that the Bureau deems necessary to the sound and efficient\n administration of the number administration cost recovery.\n\n[64 FR 41331, July 30, 1999, as amended at 73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.19 Area code relief.\n (a) State commissions may resolve matters involving the introduction of new area codes within their states.\n Such matters may include, but are not limited to: Directing whether area code relief will take the form of a\n geographic split, an overlay area code, or a boundary realignment; establishing new area code boundaries;\n establishing necessary dates for the implementation of area code relief plans; and directing public\n education efforts regarding area code changes.\n\n (b) State commissions may perform any or all functions related to initiation and development of area code\n relief plans, so long as they act consistently with the guidelines enumerated in this part, and subject to\n paragraph (b)(2) of this section. For the purposes of this paragraph, initiation and development of area\n code relief planning encompasses all functions related to the implementation of new area codes that\n were performed by central office code administrators prior to February 8, 1996. Such functions may\n include: declaring that the area code relief planning process should begin; convening and conducting\n meetings to which the telecommunications industry and the public are invited on area code relief for a\n particular area code; and developing the details of a proposed area code relief plan or plans.\n\n (1) The entity or entities designated by the Commission to serve as central office code administrator(s)\n shall initiate and develop area code relief plans for each area code in each state that has not notified\n such entity or entities, pursuant to paragraph (b)(2) of this section, that the state will handle such\n functions.\n\n (2) Pursuant to paragraph (b)(1) of this section, a state commission must notify the entity or entities\n designated by the Commission to serve as central office code administrator(s) for its state that such\n state commission intends to perform matters related to initiation and development of area code\n relief planning efforts in its state. Notification shall be written and shall include a description of the\n specific functions the state commission intends to perform. Where the NANP Administrator serves\n as the central office code administrator, such notification must be made within 120 days of the\n selection of the NANP Administrator.\n\n\n47 CFR 52.19(b)(2) (enhanced display) page 20 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.19(c)\nNumbering\n\n\n (c) New area codes may be introduced through the use of:\n\n (1) A geographic area code split, which occurs when the geographic area served by an area code in\n which there are few or no central office codes left for assignment is split into two or more\n geographic parts;\n\n (2) An area code boundary realignment, which occurs when the boundary lines between two adjacent\n area codes are shifted to allow the transfer of some central office codes from an area code for which\n central office codes remain unassigned to an area code for which few or no central office codes are\n left for assignment; or\n\n (3) An all services area code overlay, which occurs when a new area code is introduced to serve the\n same geographic area as one or more existing area code(s), subject to the following conditions:\n\n (i) No all services area code overlay may be implemented unless all numbering resources in the\n new overlay area code are assigned to those entities requesting assignment on a first-come,\n first-serve basis, regardless of the identity of, technology used by, or type of service provided by\n that entity, except to the extent that a technology- or service-specific overlay is authorized by\n the Commission. No group of telecommunications carriers shall be excluded from assignment\n of numbering resources in the existing area code, or be assigned such resources only from the\n all services overlay area code, based solely on that group's provision of a specific type of\n telecommunications service or use of a particular technology; and\n\n (ii) No area code overlay may be implemented unless there exists, at the time of implementation,\n mandatory ten-digit dialing for every telephone call within and between all area codes in the\n geographic area covered by the overlay area code.\n\n (4) A technology-specific or service-specific overlay, which occurs when a new area code is introduced\n to serve the same geographic area as one or more existing area code(s) and numbering resources in\n the new area code overlay are assigned to a specific technology(ies) or service(s). State\n commissions may not implement a technology-specific or service-specific overlay without express\n authority from the Commission.\n\n[61 FR 47353, Sept. 6, 1996, as amended at 64 FR 63617, Nov. 16, 1998; 64 FR 62984, Nov. 18, 1999; 67 FR 6434, Feb. 12, 2002]\n\n\nSubpart C—Number Portability\n\nSource: 61 FR 38637, July 25, 1996, unless otherwise noted. Redesignated at 61 FR 47353, Sept. 6, 1996.\n\n\n\n§ 52.20 Thousands-block number pooling.\n (a) Definition. Thousands-block number pooling is a process by which the 10,000 numbers in a central office\n code (NXX) are separated into ten sequential blocks of 1,000 numbers each (thousands-blocks), and\n allocated separately within a rate center.\n\n (b) General requirements. Pursuant to the Commission's adoption of thousands-block number pooling as a\n mandatory nationwide numbering resource optimization strategy, all carriers, except those exempted by\n the Commission, must participate in thousands-block number pooling where it is implemented and in\n accordance with the national thousands-block number pooling framework and implementation schedule\n established by the Commission.\n\n47 CFR 52.20(b) (enhanced display) page 21 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.20(c)\nNumbering\n\n\n (c) Donation of thousands-blocks.\n\n (1) All service providers required to participate in thousands-block number pooling shall donate\n thousands-blocks with ten percent or less contamination to the thousands-block number pool for the\n rate center within which the numbering resources are assigned.\n\n (2) All service providers required to participate in thousands-block number pooling shall be allowed to\n retain at least one thousands-block per rate center, even if the thousands-block is ten percent or less\n contaminated, as an initial block or footprint block.\n\n (d) Thousands-Block Pooling Administrator.\n\n (1) The Pooling Administrator shall be a non-governmental entity that is impartial and not aligned with\n any particular telecommunication industry segment, and shall comply with the same neutrality\n requirements that the NANPA is subject to under this part.\n\n (2) The Pooling Administrator shall maintain no more than a six-month inventory of telephone numbers\n in each thousands-block number pool.\n\n[65 FR 37709, June 16, 2000, as amended at 66 FR 9532, Feb. 8, 2001; 68 FR 43009, July 21, 2003]\n\n\n§ 52.21 Definitions.\nAs used in this subpart:\n\n (a) The term 100 largest MSAs includes the 100 largest MSAs as identified in the 1990 U.S. Census reports,\n as set forth in the Appendix to this part, as well as those areas identified as one of the largest 100 MSAs\n on subsequent updates to the U.S. Census reports.\n\n (b) The term broadband PCS has the same meaning as that term is defined in § 24.5 of this chapter.\n\n (c) The term cellular service has the same meaning as that term is defined in § 22.99 of this chapter.\n\n (d) The term covered CMRS means broadband PCS, cellular, and 800/900 MHz SMR licensees that hold\n geographic area licenses or are incumbent SMR wide area licensees, and offer real-time, two-way\n switched voice service, are interconnected with the public switched network, and utilize an in-network\n switching facility that enables such CMRS systems to reuse frequencies and accomplish seamless hand-\n offs of subscriber calls.\n\n (e) The term database method means a number portability method that utilizes one or more external\n databases for providing called party routing information.\n\n (f) The term downstream database means a database owned and operated by an individual carrier for the\n purpose of providing number portability in conjunction with other functions and services.\n\n (g) The term incumbent wide area SMR licensee has the same meaning as that term is defined in § 20.3 of\n this chapter.\n\n (h) The term IP Relay provider means an entity that provides IP Relay as defined by 47 CFR 64.601.\n\n (i) The term local exchange carrier means any person that is engaged in the provision of telephone exchange\n service or exchange access. For purposes of this subpart, such term does not include a person insofar as\n such person is engaged in the provision of a commercial mobile service under 47 U.S.C. 332(c).\n\n\n47 CFR 52.21(i) (enhanced display) page 22 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.21(j)\nNumbering\n\n\n (j) The term local number portability administrator (LNPA) means an independent, non-governmental entity,\n not aligned with any particular telecommunications industry segment, whose duties are determined by\n the NANC.\n\n (k) The term location portability means the ability of users of telecommunications services to retain existing\n telecommunications numbers without impairment of quality, reliability, or convenience when moving from\n one physical location to another.\n\n (l) The term long-term database method means a database method that complies with the performance\n criteria set forth in § 52.3(a).\n\n (m) The term number portability means the ability of users of telecommunications services to retain, at the\n same location, existing telecommunications numbers without impairment of quality, reliability, or\n convenience when switching from one telecommunications carrier to another.\n\n (n) The term regional database means an SMS database or an SMS/SCP pair that contains information\n necessary for carriers to provide number portability in a region as determined by the NANC.\n\n (o) The term Registered Internet-based TRS User has the meaning set forth in 47 CFR 64.601.\n\n (p) The term service control point (SCP) means a database in the public switched network which contains\n information and call processing instructions needed to process and complete a telephone call. The\n network switches access an SCP to obtain such information. Typically, the information contained in an\n SCP is obtained from the SMS.\n\n (q) The term service management system (SMS) means a database or computer system not part of the public\n switched network that, among other things:\n\n (1) Interconnects to an SCP and sends to that SCP the information and call processing instructions\n needed for a network switch to process and complete a telephone call; and\n\n (2) Provides telecommunications carriers with the capability of entering and storing data regarding the\n processing and completing of a telephone call.\n\n (r) The term service portability means the ability of users of telecommunications services to retain existing\n telecommunications numbers without impairment of quality, reliability, or convenience when switching\n from one telecommunications service to another, without switching from one telecommunications carrier\n to another.\n\n (s) The term service provider portability means the ability of users of telecommunications services to retain,\n at the same location, existing telecommunications numbers without impairment of quality, reliability, or\n convenience when switching from one telecommunications carrier to another.\n\n (t) The term transitional number portability measure means a method that allows one local exchange carrier\n to transfer telephone numbers from its network to the network of another telecommunications carrier, but\n does not comply with the performance criteria set forth in 52.3(a). Transitional number portability\n measures are technically feasible methods of providing number portability including Remote Call\n Forwarding (RCF), Direct Inward Dialing (DID), Route Indexing—Portability Hub (RI-PH), Directory Number\n Route Indexing (DNRI) and other comparable methods.\n\n (u) The term VRS provider means an entity that provides VRS as defined by 47 CFR 64.601.\n\n\n\n\n47 CFR 52.21(u) (enhanced display) page 23 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.21(v)\nNumbering\n\n\n (v) The term 2009 LNP Porting Intervals Order refers to In the Matters of Local Number Portability Porting\n Interval and Validation Requirements; Telephone Number Portability, WC Docket No. 07–244, CC Docket\n No. 95–116, Report and Order and Further Notice of Proposed Rulemaking, FCC 09–41 (2009).\n\n[61 FR 38637, July 25, 1996. Redesignated at 61 FR 47353, Sept. 6, 1996, as amended at 61 FR 47355, Sept. 6, 1996; 63 FR\n68203, Dec. 10, 1998; 67 FR 6435, Feb. 12, 2002; 68 FR 43009, July 21, 2003; 73 FR 9481, Feb. 21, 2008; 73 FR 41293, July 18,\n2008; 74 FR 31638, July 2, 2009; 80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.23 Deployment of long-term database methods for number portability by LECs.\n (a) Subject to paragraphs (b) and (c) of this section, all local exchange carriers (LECs) must provide number\n portability in compliance with the following performance criteria:\n\n (1) Supports network services, features, and capabilities existing at the time number portability is\n implemented, including but not limited to emergency services, CLASS features, operator and\n directory assistance services, and intercept capabilities;\n\n (2) Efficiently uses numbering resources;\n\n (3) Does not require end users to change their telecommunications numbers;\n\n (4) Does not result in unreasonable degradation in service quality or network reliability when\n implemented;\n\n (5) Does not result in any degradation in service quality or network reliability when customers switch\n carriers;\n\n (6) Does not result in a carrier having a proprietary interest;\n\n (7) Is able to migrate to location and service portability; and\n\n (8) Has no significant adverse impact outside the areas where number portability is deployed.\n\n (b)\n\n (1) All LECs must provide a long-term database method for number portability in the 100 largest\n Metropolitan Statistical Areas (MSAs), as defined in § 52.21(k), in switches for which another carrier\n has made a specific request for the provision of number portability, subject to paragraph (b)(2) of\n this section.\n\n (2) Any procedure to identify and request switches for deployment of number portability must comply\n with the following criteria:\n\n (i) Any wireline carrier that is certified (or has applied for certification) to provide local exchange\n service in a state, or any licensed CMRS provider, must be permitted to make a request for\n deployment of number portability in that state;\n\n (ii) Carriers must submit requests for deployment at least nine months before the deployment\n deadline for the MSA;\n\n (iii) A LEC must make available upon request to any interested parties a list of its switches for\n which number portability has been requested and a list of its switches for which number\n portability has not been requested; and\n\n\n\n47 CFR 52.23(b)(2)(iii) (enhanced display) page 24 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.23(b)(2)(iv)\nNumbering\n\n\n (iv) After the deadline for deployment of number portability in an MSA in the 100 largest MSAs,\n according to the deployment schedule set forth in the appendix to this part, a LEC must deploy\n number portability in that MSA in additional switches upon request within the following time\n frames:\n\n (A) For remote switches supported by a host switch equipped for portability (“Equipped\n Remote Switches”), within 30 days;\n\n (B) For switches that require software but not hardware changes to provide portability\n (“Hardware Capable Switches”), within 60 days;\n\n (C) For switches that require hardware changes to provide portability (“Capable Switches\n Requiring Hardware”), within 180 days; and\n\n (D) For switches not capable of portability that must be replaced (“Non-Capable Switches”),\n within 180 days.\n\n (c) Beginning January 1, 1999, all LECs must make a long-term database method for number portability\n available within six months after a specific request by another telecommunications carrier in areas in\n which that telecommunications carrier is operating or plans to operate.\n\n (d) The Chief, Common Carrier Bureau, may waive or stay any of the dates in the implementation schedule, as\n the Chief determines is necessary to ensure the efficient development of number portability, for a period\n not to exceed 9 months (i.e., no later than September 30, 1999).\n\n (e) In the event a LEC is unable to meet the Commission's deadlines for implementing a long-term database\n method for number portability, it may file with the Commission at least 60 days in advance of the deadline\n a petition to extend the time by which implementation in its network will be completed. A LEC seeking\n such relief must demonstrate through substantial, credible evidence the basis for its contention that it is\n unable to comply with the deployment schedule set forth in the appendix to this part 52. Such requests\n must set forth:\n\n (1) The facts that demonstrate why the carrier is unable to meet the Commission's deployment\n schedule;\n\n (2) A detailed explanation of the activities that the carrier has undertaken to meet the implementation\n schedule prior to requesting an extension of time;\n\n (3) An identification of the particular switches for which the extension is requested;\n\n (4) The time within which the carrier will complete deployment in the affected switches; and\n\n (5) A proposed schedule with milestones for meeting the deployment date.\n\n (f) The Chief, Wireline Competition Bureau, shall monitor the progress of local exchange carriers\n implementing number portability, and may direct such carriers to take any actions necessary to ensure\n compliance with the deployment schedule set forth in the appendix to this part 52.\n\n (g) Carriers that are members of the Illinois Local Number Portability Workshop must conduct a field test of\n any technically feasible long-term database method for number portability in the Chicago, Illinois, area.\n The carriers participating in the test must jointly file with the Common Carrier Bureau a report of their\n findings within 30 days following completion of the test. The Chief, Common Carrier Bureau, shall monitor\n developments during the field test, and may adjust the field test completion deadline as necessary.\n\n (h)\n\n47 CFR 52.23(h) (enhanced display) page 25 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.23(h)(1)\nNumbering\n\n\n (1) Porting from a wireline carrier to a wireless carrier is required where the requesting wireless carrier's\n “coverage area,” as defined in paragraph (h)(2) of this section, overlaps the geographic location in\n which the customer's wireline number is provisioned, provided that the porting-in carrier maintains\n the number's original rate center designation following the port.\n\n (2) The wireless “coverage area” is defined as the area in which wireless service can be received from\n the wireless carrier.\n\n[61 FR 38637, July 25, 1996, as amended at 62 FR 18294, Apr. 15, 1997; 67 FR 13226, Mar. 21, 2002; 68 FR 43009, July 21, 2003;\n73 FR 9481, Feb. 21, 2008]\n\n\n§ 52.25 Database architecture and administration.\n (a) The North American Numbering Council (NANC) shall direct establishment of a nationwide system of\n regional SMS databases for the provision of long-term database methods for number portability.\n\n (b) All telecommunications carriers shall have equal and open access to the regional databases.\n\n (c) The NANC shall select a local number portability administrator(s) (LNPA(s)) to administer the regional\n databases within seven months of the initial meeting of the NANC.\n\n (d) The NANC shall determine whether one or multiple administrator(s) should be selected, whether the\n LNPA(s) can be the same entity selected to be the North American Numbering Plan Administrator, how\n the LNPA(s) should be selected, the specific duties of the LNPA(s), the geographic coverage of the\n regional databases, the technical interoperability and operational standards, the user interface between\n telecommunications carriers and the LNPA(s), the network interface between the SMS and the\n downstream databases, and the technical specifications for the regional databases.\n\n (e) Once the NANC has selected the LNPA(s) and determined the locations of the regional databases, it must\n report its decisions to the Commission.\n\n (f) The information contained in the regional databases shall be limited to the information necessary to route\n telephone calls to the appropriate telecommunications carriers. The NANC shall determine what specific\n information is necessary.\n\n (g) Any state may opt out of its designated regional database and implement a state-specific database. A\n state must notify the Wireline Competition Bureau and NANC that it plans to implement a state-specific\n database within 60 days from the release date of the Public Notice issued by the Chief, Wireline\n Competition Bureau, identifying the administrator selected by the NANC and the proposed locations of the\n regional databases. Carriers may challenge a state's decision to opt out of the regional database system\n by filing a petition with the Commission.\n\n (h) Individual state databases must meet the national requirements and operational standards recommended\n by the NANC and adopted by the Commission. In addition, such state databases must be technically\n compatible with the regional system of databases and must not interfere with the scheduled\n implementation of the regional databases.\n\n (i) Individual carriers may download information necessary to provide number portability from the regional\n databases into their own downstream databases. Individual carriers may mix information needed to\n provide other services or functions with the information downloaded from the regional databases at their\n\n\n\n\n47 CFR 52.25(i) (enhanced display) page 26 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.26\nNumbering\n\n\n own downstream databases. Carriers may not withhold any information necessary to provide number\n portability from the regional databases on the grounds that such data has been combined with other\n information in its downstream database.\n\n[61 FR 38637, July 25, 1996. Redesignated at 61 FR 47353, Sept. 6, 1996, as amended at 67 FR 13226, Mar. 21, 2002]\n\n\n§ 52.26 NANC Recommendations on Local Number Portability Administration.\n (a) Local number portability administration shall comply with the recommendations of the North American\n Numbering Council (NANC) as set forth in the report to the Commission prepared by the NANC's Local\n Number Portability Administration Selection Working Group, dated April 25, 1997 (Working Group Report)\n and its appendices. Except that: Sections 7.8 and 7.10 of Appendix D and the following portions of\n Appendix E: Section 7, Issue Statement I of Appendix A, and Appendix B in the Working Group Report are\n not incorporated herein.\n\n (b) In addition to the requirements set forth in the Working Group Report, the following requirements are\n established:\n\n (1) Each designated N–1 carrier (as described in the Working Group Report) is responsible for ensuring\n number portability queries are performed on a N–1 basis where “N” is the entity terminating the call\n to the end user, or a network provider contracted by the entity to provide tandem access, unless\n another carrier has already performed the query;\n\n (2) If a telecommunictions carrier transmits a telephone call to a local exchange carrier's switch that\n contains any ported numbers, and the telecommunications carrier has failed to perform a database\n query to determine if the telephone number has been ported to another local exchange carrier, the\n local exchange carrier may block the unqueried call only if performing the database query is likely to\n impair network reliability;\n\n (3) The regional limited liability companies (LLCs), already established by telecommunications carriers\n in each of the original Bell Operating Company regions, shall manage and oversee the local number\n portability administrators, subject to review by the NANC, but only on an interim basis, until the\n conclusion of a rulemaking to examine the issue of local number portability administrator oversight\n and management and the question of whether the LLCs should continue to act in this capacity; and\n\n (4) The NANC shall provide ongoing oversight of number portability administration, including oversight\n of the regional LLCs, subject to Commission review. Parties shall attempt to resolve issues regarding\n number portability deployment among themselves and, if necessary, under the auspices of the\n NANC. If any party objects to the NANC's proposed resolution, the NANC shall issue a written report\n summarizing the positions of the parties and the basis for the recommendation adopted by the\n NANC. The NANC Chair shall submit its proposed resolution of the dispuited issue to the Chief of the\n Wireline Competition Bureau as a recommendation for Commission review. The Chief of the Wireline\n Competition Bureau will place the NANC's proposed resolution on public notice. Recommendations\n adopted by the NANC and forwarded to the Bureau may be implemented by the parties pending\n review of the recommendation. Within 90 days of the conclusion of the comment cycle, the Chief of\n the Wireline Competition Bureau may issue an order adopting, modifying, or rejecting the\n recommendation. If the Chief does not act within 90 days of the conclusion of the comment cycle,\n the recommendation will be deemed to have been adopted by the Bureau.\n\n\n\n\n47 CFR 52.26(b)(4) (enhanced display) page 27 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.26(c)\nNumbering\n\n\n (c) The NANC Working Group Report is incorporated by reference into this section with the approval of the\n Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation\n by reference (IBR) material is available for public inspection at the FCC and the National Archives and\n Records Administration (NARA). Contact the FCC through the Federal Communications Commission's\n Reference Information Center, phone: (202) 418–0270. For information on the availability of this material\n at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov.\n The material is available at https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf.\n\n[62 FR 48786, Sept. 17, 1997, as amended at 65 FR 58466, Sept. 29, 2000; 67 FR 13226, Mar. 21, 2002; 69 FR 18803, Apr. 9, 2004;\n74 FR 31638, July 2, 2009; 75 FR 35315, June 22, 2010; 83 FR 42052, Aug. 20, 2018; 85 FR 64407, Oct. 13, 2020; 88 FR 21442,\nApr. 10, 2023]\n\n\n§ 52.31 Deployment of long-term database methods for number portability by CMRS providers.\n (a) By November 24, 2003, all covered CMRS providers must provide a long-term database method for\n number portability, including the ability to support roaming, in the 100 largest MSAs, as defined in §\n 52.21(k), in compliance with the performance criteria set forth in section 52.23(a) of this part, in switches\n for which another carrier has made a specific request for the provision of number portability, subject to\n paragraph (a)(1) of this section. A licensee may have more than one CMRS system, but only the systems\n that satisfy the definition of covered CMRS are required to provide number portability.\n\n (1) Any procedure to identify and request switches for development of number portability must comply\n with the following criteria:\n\n (i) Any wireline carrier that is certified (or has applied for certification) to provide local exchange\n service in a state, or any licensed CMRS provider, must be permitted to make a request for\n deployment of number portability in that state;\n\n (ii) Carries requesting deployment in the 100 largest MSAs by November 24, 2003 must submit\n requests by February 24, 2003.\n\n (iii) A covered CMRS provider must make available upon request to any interested parties a list of\n its switches for which number portability has been requested and a list of its switches for\n which number portability has not been requested;\n\n (iv) After November 24, 2003, a covered CMRS provider must deploy number portability in\n additional switches serving the 100 largest MSAs upon request within the following time\n frames:\n\n (A) For remote switches supported by a host switch equipped for portability (“Equipped\n Remote Switches”), within 30 days;\n\n (B) For switches that require software but not hardware changes to provide portability\n (“Hardware Capable Switches”), within 60 days;\n\n (C) For switches that require hardware changes to provide portability (“Capable Switches\n Requiring Hardware”), within 180 days; and\n\n (D) For switches not capable of portability that must be replaced (“Non-Capable Switches”),\n within 180 days.\n\n\n\n\n47 CFR 52.31(a)(1)(iv)(D) (enhanced display) page 28 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.31(a)(1)(v)\nNumbering\n\n\n (v) Carriers must be able to request deployment in any wireless switch that serves any area within\n the MSA, even if the wireless switch is outside that MSA, or outside any of the MSAs identified\n in the Appendix to this part.\n\n (2) By November 24, 2002, all covered CMRS providers must be able to support roaming nationwide.\n\n (b) By December 31, 1998, all covered CMRS providers must have the capability to obtain routing information,\n either by querying the appropriate database themselves or by making arrangements with other carriers\n that are capable of performing database queries, so that they can deliver calls from their networks to any\n party that has retained its number after switching from one telecommunications carrier to another.\n\n (c) [Reserved]\n\n (d) In the event a carrier subject to paragraphs (a) and (b) of this section is unable to meet the Commission's\n deadlines for implementing a long-term number portability method, it may file with the Commission at\n least 60 days in advance of the deadline a petition to extend the time by which implementation in its\n network will be completed. A carrier seeking such relief must demonstrate through substantial, credible\n evidence the basis for its contention that it is unable to comply with paragraphs (a) and (b) of this section.\n Such requests must set forth:\n\n (1) The facts that demonstrate why the carrier is unable to meet our deployment schedule;\n\n (2) A detailed explanation of the activities that the carrier has undertaken to meet the implementation\n schedule prior to requesting an extension of time;\n\n (3) An identification of the particular switches for which the extension is requested;\n\n (4) The time within which the carrier will complete deployment in the affected switches; and\n\n (5) A proposed schedule with milestones for meeting the deployment date.\n\n (e) The Chief, Wireless Telecommunications Bureau, may establish reporting requirements in order to monitor\n the progress of covered CMRS providers implementing number portability, and may direct such carriers to\n take any actions necessary to ensure compliance with this deployment schedule.\n\n[61 FR 38637, July 25, 1996, as amended at 62 FR 18295, Apr. 15, 1997; 63 FR 68204, Dec. 10, 1998; 64 FR 22563, Apr. 27, 1999;\n68 FR 43009, July 21, 2003; 71 FR 65750, Nov. 9, 2006]\n\n\n§ 52.32 Allocation of the shared costs of long-term number portability.\n (a) The local number portability administrator, as defined in § 52.21(h), of each regional database, as defined\n in § 52.21(1), shall recover the shared costs of long-term number portability attributable to that regional\n database from all telecommunications carriers providing telecommunications service in areas that\n regional database serves. Pursuant to its duties under § 52.26, the local number portability administrator\n shall collect sufficient revenues to fund the operation of the regional database by:\n\n (1) Assessing a $100 yearly contribution on each telecommunications carrier identified in paragraph (a)\n introductory text that has no intrastate, interstate, or international end-user telecommunications\n revenue derived from providing telecommunications service in the areas that regional database\n serves, and\n\n (2) Assessing on each of the other telecommunications carriers providing telecommunications service\n in areas that regional database serves, a charge that recovers the remaining shared costs of long-\n term number portability attributable to that regional database in proportion to the ratio of:\n\n47 CFR 52.32(a)(2) (enhanced display) page 29 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.32(a)(2)(i)\nNumbering\n\n\n (i) The sum of the intrastate, interstate, and international end-user telecommunications revenues\n that such telecommunications carrier derives from providing telecommunications service in the\n areas that regional database serves, ii) to the sum of the intrastate, interstate, and international\n end-user telecommunications revenues that all telecommunications carriers derive from\n providing telecommunications service in the areas that regional database serves.\n\n (b) All telecommunications carriers providing service in the United States shall complete and submit a\n “Telecommunications Reporting Worksheet” (as published by the Commission in the FEDERAL REGISTER),\n which sets forth the information needed to calculate contributions referred to in paragraph (a) of this\n section. The worksheet shall be certified to by an officer of the contributor, and subject to verification by\n the Commission or the administrator at the discretion of the Commission. The Chief of the Wireline\n Competition Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove\n unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound\n and efficient administration of long-term number portability.\n\n (c) Local number portability administrators shall keep all data obtained from contributors confidential and\n shall not disclose such data in company-specific form unless directed to do so by the Commission.\n Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the local number\n portability administrators may share data obtained from carriers with the administrators of the universal\n service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR\n 64.604(c)(4)(iii)(H) of this chapter), and the North American Numbering Plan cost recovery (See 47 CFR\n 52.16). The local number portability administrators shall keep confidential all data obtained from other\n administrators. The administrators shall use such data, from carriers or administrators, only for purposes\n of administering local number portability. The Commission shall have access to all data reported to the\n Administrator. Contributors may make requests for Commission nondisclosure of company-specific\n revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting\n Worksheet at the time that the subject data are submitted. The Commission shall make all decisions\n regarding nondisclosure of company-specific information.\n\n (d) Once a telecommunications carrier has been allocated, pursuant to paragraph (a)(1) or (a)(2) of this\n section, its portion of the shared costs of long-term number portability attributable to a regional database,\n the carrier shall treat that portion as a carrier-specific cost directly related to providing number portability.\n\n[63 FR 35160, June 29, 1998, as amended at 64 FR 41331, July 30, 1999; 67 FR 13226, Mar. 21, 2002; 73 FR 9481, Feb. 21, 2008;\n80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.33 Recovery of carrier-specific costs directly related to providing long-term number\nportability.\n (a) Incumbent local exchange carriers may recover their carrier-specific costs directly related to providing\n long-term number portability by establishing in tariffs filed with the Federal Communications Commission\n a monthly number-portability charge, as specified in paragraph (a)(1) of this section, a number portability\n query-service charge, as specified in paragraph (a)(2) of this section, and a monthly number-portability\n query/administration charge, as specified in paragraph (a)(3) of this section.\n\n (1) The monthly number-portability charge may take effect no earlier than February 1, 1999, on a date\n the incumbent local exchange carrier selects, and may end no later than 5 five years after the\n incumbent local exchange carrier's monthly number-portability charge takes effect.\n\n\n\n47 CFR 52.33(a)(1) (enhanced display) page 30 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.33(a)(1)(i)\nNumbering\n\n\n (i) An incumbent local exchange carrier may assess each end user it serves in the 100 largest\n metropolitan statistical areas, and each end user it serves from a number-portability-capable\n switch outside the 100 largest metropolitan statistical areas, one monthly number-portability\n charge per line except that:\n\n (A) One PBX trunk shall receive nine monthly number-portability charges.\n\n (B) One PRI ISDN line shall receive five monthly number-portability charges.\n\n (C) Lifeline Assistance Program customers shall not receive the monthly number-portability\n charge.\n\n (ii) An incumbent local exchange carrier may assess on carriers that purchase the incumbent local\n exchange carrier's switching ports as unbundled network elements under section 251 of the\n Communications Act, and/or Feature Group A access lines, and resellers of the incumbent local\n exchange carrier's local service, the same charges as described in paragraph (a)(1)(i) of this\n section, as if the incumbent local exchange carrier were serving those carriers' end users.\n\n (iii) An incumbent local exchange carrier may not assess a monthly number-portability charge for\n local loops carriers purchase as unbundled network elements under section 251.\n\n (iv) The incumbent local exchange carrier shall levelize the monthly number-portability charge over\n five years by setting a rate for the charge at which the present value of the revenue recovered by\n the charge does not exceed the present value of the cost being recovered, using a discount rate\n equal to the rate of return on investment which the Commission has prescribed for interstate\n access services pursuant to Part 65 of the Commission's Rules.\n\n (2) The number portability query-service charge may recover only carrier-specific costs directly related\n to providing long-term number portability that the incumbent local exchange carrier incurs to provide\n long-term number portability query service to carriers on a prearranged and default basis.\n\n (3) An incumbent local exchange carrier serving an area outside the 100 largest metropolitan statistical\n areas that is not number-portability capable but that participates in an extended area service calling\n plan with any one of the 100 largest metropolitan statistical areas or with an adjacent number\n portability-capable local exchange carrier may assess each end user it serves one monthly number-\n portability query/administration charge per line to recover the costs of queries, as specified in\n paragraph (a)(2) of this section, and carrier-specific costs directly related to the carrier's allocated\n share of the regional local number portability administrator's costs, except that per-line monthly\n number-portability query/administration charges shall be assigned as specified in paragraph (a)(1)\n of this section with respect to monthly number-portability charges.\n\n (i) Such incumbent local exchange carriers may assess a separate monthly number-portability\n charge as specified in paragraph (a)(1) of this section but such charge may recover only the\n costs incurred to implement number portability functionality and shall not include costs\n recovered through the monthly number-portability query/administration charge.\n\n (ii) The monthly number-portability query/administration charge may end no later than five years\n after the incumbent local exchange carrier's monthly number-portability query/administration\n charge takes effect. The monthly number-portability query/administration charge may be\n collected over a different five-year period than the monthly number-portability charge. These\n five-year periods may run either consecutively or concurrently, in whole or in part.\n\n\n\n47 CFR 52.33(a)(3)(ii) (enhanced display) page 31 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.33(b)\nNumbering\n\n\n (b) All telecommunications carriers other than incumbent local exchange carriers may recover their number\n portability costs in any manner consistent with applicable state and federal laws and regulations.\n\n[63 FR 35161, June 29, 1998, as amended at 67 FR 40620, June 13, 2002; 73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.34 Obligations regarding local number porting to and from interconnected VoIP or\nInternet-based TRS providers.\n (a) An interconnected VoIP or VRS or IP Relay provider must facilitate an end-user customer's or a Registered\n Internet-based TRS User's valid number portability request, as it is defined in this subpart, either to or from\n a telecommunications carrier or an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined\n as the interconnected VoIP or VRS or IP Relay provider's affirmative legal obligation to take all steps\n necessary to initiate or allow a port-in or port-out itself or through the telecommunications carriers, if any,\n that it relies on to obtain numbering resources, subject to a valid port request, without unreasonable delay\n or unreasonable procedures that have the effect of delaying or denying porting of the NANP-based\n telephone number.\n\n (b) An interconnected VoIP or VRS or IP Relay provider may not enter into any agreement that would prohibit\n an end-user customer or a Registered Internet-based TRS User from porting between interconnected VoIP\n or VRS or IP Relay providers, or to or from a telecommunications carrier.\n\n (c) Telecommunications carriers must facilitate an end-user customer's valid number portability request\n either to or from an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined as the\n telecommunication carrier's affirmative legal obligation to take all steps necessary to initiate or allow a\n port-in or port-out itself, subject to a valid port request, without unreasonable delay or unreasonable\n procedures that have the effect of delaying or denying porting of the NANP-based telephone number.\n\n[73 FR 9481, Feb. 21, 2008, as amended at 73 FR 41294, July 18, 2008; 80 FR 66479, Oct. 29, 2015]\n\n\n§ 52.35 Porting Intervals.\n (a) All telecommunications carriers required by the Commission to port telephone numbers must complete a\n simple wireline-to-wireline or simple intermodal port request within one business day unless a longer\n period is requested by the new provider or by the customer. The traditional work week of Monday through\n Friday represents mandatory business days and 8 a.m. to 5 p.m. represents minimum business hours,\n excluding the current service provider's company-defined holidays. An accurate and complete Local\n Service Request (LSR) must be received by the current service provider between 8 a.m. and 1 p.m. local\n time for a simple port request to be eligible for activation at midnight on the same day. Any simple port\n LSRs received after this time will be considered received on the following business day at 8 a.m. local\n time.\n\n (b) Small providers, as described in the 2009 LNP Porting Interval Order, must comply with this section by\n February 2, 2011.\n\n (c) Unless directed otherwise by the Commission, any telecommunications carrier granted a waiver by the\n Commission of the one-business day porting interval described in paragraph (a) must complete a simple\n wireline-to-wireline or simple intermodal port request within four business days unless a longer period is\n requested by the new provider or by the customer.\n\n\n\n\n47 CFR 52.35(c) (enhanced display) page 32 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.35(d)\nNumbering\n\n\n (d) All telecommunications carriers required by the Commission to port telephone numbers must complete a\n non-simple wireline-to-wireline or non-simple intermodal port request within four business days unless a\n longer period is requested by the new provider or by the customer.\n\n (e) For purposes of this section:\n\n (1) The term “local time” means the predominant time zone of the Number Portability Administration\n Center (NPAC) Region in which the telephone number is being ported; and\n\n (2) The term “intermodal ports” includes\n\n (i) Wireline-to-wireless ports;\n\n (ii) Wireless-to-wireline ports; and\n\n (iii) Ports involving interconnected VoIP service.\n\n[75 FR 35315, June 22, 2010, as amended at 80 FR 66480, Oct. 29, 2015]\n\n\n§ 52.36 Standard data fields for simple port order processing.\n (a) A telecommunications carrier may require only the data described in paragraphs (b) and (c) of this section\n to accomplish a simple port order request from an end user customer's new telecommunication's carrier.\n\n (b) Required standard data fields.\n\n (1) Ported telephone number;\n\n (2) Account number;\n\n (3) Zip code;\n\n (4) Company code;\n\n (5) New network service provider;\n\n (6) Desired due date;\n\n (7) Purchase order number;\n\n (8) Version;\n\n (9) Number portability direction indicator;\n\n (10) Customer carrier name abbreviation;\n\n (11) Requisition type and status;\n\n (12) Activity;\n\n (13) Telephone number of initiator; and\n\n (14) Agency authority status.\n\n (c) Optional standard data field. The Passcode field shall be optional unless the passcode has been\n requested and assigned by the end user.\n\n[75 FR 35315, June 22, 2010, as amended at 80 FR 66480, Oct. 29, 2015]\n\n\n47 CFR 52.36(c) (enhanced display) page 33 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.37\nNumbering\n\n\n§ 52.37 Number Portability Requirements for Wireless Providers.\n\nLink to an amendment published at 88 FR 85814, Dec. 8, 2023.\n\n (a) Applicability. This section applies to all providers of commercial mobile radio service (CMRS), as defined\n in 47 CFR 20.3, including resellers of wireless service.\n\n (b) Authentication of port-out requests. A CMRS provider shall use secure methods to authenticate a\n customer that are reasonably designed to confirm the customer's identity before effectuating a port-out\n request, except to the extent otherwise required by 47 U.S.C. 345 (Safe Connections Act of 2022) or Part\n 64 Subpart II of this chapter. A CMRS provider shall regularly, but not less than annually, review and, as\n necessary, update its customer authentication methods to ensure that its authentication methods\n continue to be secure.\n\n (c)–(e) [Reserved]\n\n (f) Employee Training. A CMRS provider shall develop and implement training for employees to specifically\n address fraudulent port-out attempts, complaints, and remediation. Training shall include, at a minimum,\n how to identify fraudulent requests, how to recognize when a customer may be the victim of fraud, and\n how to direct potential victims and individuals making potentially fraudulent requests to employees\n specifically trained to handle such incidents.\n\n (g) [Reserved]\n\n (h) This section contains information-collection and/or recordkeeping requirements. Compliance with this\n section will not be required until this paragraph is removed or contains a compliance date.\n\n[88 FR 85813, Dec. 8, 2023]\n\n\n§§ 52.38-52.99 [Reserved]\n\nSubpart D—Toll Free Numbers\n\nSource: 62 FR 20127, Apr. 25, 1997, unless otherwise noted.\n\n\n\n§ 52.101 General definitions.\nAs used in this part:\n\n (a) Toll Free Numbering Administrator (TFNA). The entity appointed by the Commission under its authority\n pursuant to 47 U.S.C. 251(e)(1) that provides user support for the Service Management System database\n and administers the Service Management System database on a day-to-day basis.\n\n (b) Responsible Organization (“RespOrg”). The entity chosen by a toll free subscriber to manage and\n administer the appropriate records in the toll free Service Management System for the toll free subscriber.\n\n (c) Service Control Points. The regional databases in the toll free network.\n\n\n\n\n47 CFR 52.101(c) (enhanced display) page 34 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.101(d)\nNumbering\n\n\n (d) Service Management System Database (“SMS Database”). The administrative database system for toll\n free numbers. The Service Management System is a computer system that enables Responsible\n Organizations to enter and amend the data about toll free numbers within their control. The Service\n Management System shares this information with the Service Control Points. The entire system is the\n SMS database.\n\n (e) Toll Free Subscriber. The entity that has been assigned a toll free number.\n\n (f) Toll Free Number. A telephone number for which the toll charges for completed calls are paid by the toll\n free subscriber. The toll free subscriber's specific geographic location has no bearing on what toll free\n number it can obtain from the SMS database.\n\n[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53395, Oct. 23, 2018]\n\n\n§ 52.103 Lag times.\n (a) Definitions. As used in this section, the following definitions apply:\n\n (1) Assigned Status. A toll free number record that has specific subscriber routing information entered\n by the Responsible Organization in the Service Management System database and is pending\n activation in the Service Control Points.\n\n (2) Disconnect Status. The toll free number has been discontinued and an exchange carrier intercept\n recording is being provided.\n\n (3) Lag Time. The interval between a toll free number's reservation in the Service Management System\n database and its conversion to working status, as well as the period of time between disconnection\n or cancellation of a toll free number and the point at which that toll free number may be reassigned\n to another toll free subscriber.\n\n (4) Reserved Status. The toll free number has been reserved from the Service Management System\n database by a Responsible Organization for a toll free subscriber.\n\n (5) Seasonal Numbers. Toll free numbers held by toll free subscribers who do not have a year-round\n need for a toll free number.\n\n (6) Spare Status. The toll free number is available for assignment by a Responsible Organization.\n\n (7) Suspend Status. The toll free service has been temporarily disconnected and is scheduled to be\n reactivated.\n\n (8) Unavailable Status. The toll free number is not available for assignment due to an unusual condition.\n\n (9) Working Status. The toll free number is loaded in the Service Control Points and is being utilized to\n complete toll free service calls.\n\n (10) Transitional Status. Toll free numbers that have been disconnected for less than four months, but for\n which no Exchange Carrier Intercept Recording is being provided.\n\n (b) Reserved Status. Toll free numbers may remain in reserved status for up to 45 days. There shall be no\n extension of the reservation period after expiration of the initial 45-day interval.\n\n (1) Toll free numbers assigned via competitive bidding may remain in reserved status for a period of\n unlimited duration.\n\n\n47 CFR 52.103(b)(1) (enhanced display) page 35 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.103(b)(2)\nNumbering\n\n\n (2) [Reserved]\n\n (c) Assigned Status. Toll free numbers may remain in assigned status until changed to working status or for a\n maximum of 6 months, whichever occurs first. Toll free numbers that, because of special circumstances,\n require that they be designated for a particular subscriber far in advance of their actual usage shall not be\n placed in assigned status, but instead shall be placed in unavailable status.\n\n (d) Disconnect Status. Toll free numbers must remain in disconnect status or a combination of disconnect\n and transitional status for no less than 45 days and for no more than 4 months. No requests for extension\n of the 4-month disconnect or disconnect and transitional interval will be granted. All toll free numbers in\n disconnect or transitional status must go directly into the spare or unavailable category upon expiration of\n the 4-month disconnect or transitional interval. A Responsible Organization may not retrieve a toll free\n number from disconnect or transitional status and return that number directly to working status at the\n expiration of the 4-month disconnect or transitional interval.\n\n (e) Suspend Status. Toll free numbers may remain in suspend status until changed to working status or for a\n maximum of 8 months, whichever occurs first. Only numbers involved in billing disputes shall be eligible\n for suspend status.\n\n (f) Unavailable Status.\n\n (1) Written requests to make a specific toll free number unavailable must be submitted to the Toll Free\n Numbering Administrator (TFNA) by the Responsible Organization managing the records of the toll\n free number. The request shall include the appropriate documentation of the reason for the request.\n The Toll Free Numbering Administrator (TFNA) is the only entity that can assign this status to or\n remove this status from a number. Responsible Organizations that have a Toll Free Subscriber with\n special circumstances requiring that a toll free number be designated for that particular subscriber\n far in advance of its actual usage may request that the Toll Free Numbering Administrator (TFNA)\n place such a number in unavailable status.\n\n (2) Seasonal numbers shall be placed in unavailable status. The Responsible Organization for a Toll Free\n Subscriber who does not have a year round need for a toll free number shall follow the procedures\n outlined in § 52.103(f)(1) of these rules if it wants the Toll Free Numbering Administrator (TFNA) to\n place a particular toll free number in unavailable status.\n\n[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018; 84 FR 11232, Mar. 26, 2019]\n\n\n§ 52.105 Warehousing.\n (a) As used in this section, warehousing is the practice whereby Responsible Organizations, either directly or\n indirectly through an affiliate, reserve toll free numbers from the Service Management System database\n without having an actual toll free subscriber for whom those numbers are being reserved.\n\n (b) Responsible Organizations shall not warehouse toll free numbers. There shall be a rebuttable presumption\n that a Responsible Organization is warehousing toll free numbers if:\n\n (1) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for\n service associated with each toll free number reserved from the Service Management System\n database; or\n\n\n\n\n47 CFR 52.105(b)(1) (enhanced display) page 36 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.105(b)(2)\nNumbering\n\n\n (2) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for\n service associated with a toll free number before switching that toll free number from reserved or\n assigned to working status.\n\n (c) Responsible Organizations shall not maintain a toll free number in reserved status if there is not a\n prospective toll free subscriber requesting that toll free number.\n\n (d) A Responsible Organization's act of reserving a number from the Service Management System database\n shall serve as that Responsible Organization's certification that there is an identified toll free subscriber\n agreeing to be billed for service associated with the toll free number.\n\n (e) Tariff Provision. The following provision shall be included in the Service Management System tariff and in\n the local exchange carriers' toll free database access tariffs:\n\n [T]he Federal Communications Commission (“FCC”) has concluded that warehousing, which the FCC defines\n as Responsible Organizations, either directly or indirectly through an affiliate, reserving toll free numbers from\n the SMS database without having an identified toll free subscriber from whom those numbers are being\n reserved, is an unreasonable practice under § 201(b) of the Communications Act and is inconsistent with the\n Commission's obligation under § 251(e) of the Communications Act to ensure that numbers are made\n available on an equitable basis; and if a Responsible Organization does not have an identified toll free\n subscriber agreeing to be billed for service associated with each toll free number reserved from the database,\n or if a Responsible Organization does not have an identified, billed toll free subscriber before switching a\n number from reserved or assigned to working status, then there is a rebuttable presumption that the\n Responsible Organization is warehousing numbers. Responsible Organizations that warehouse numbers will be\n subject to penalties.\n\n (f) The provisions of this section shall not apply to toll free numbers assigned via competitive bidding or to\n numbers transferred under this exception.\n\n[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018]\n\n\n§ 52.107 Hoarding.\n (a) As used in this section, hoarding is the acquisition by a toll free subscriber from a Responsible\n Organization of more toll free numbers than the toll free subscriber intends to use for the provision of toll\n free service. The definition of hoarding also includes number brokering, which is the selling of a toll free\n number by a private entity for a fee.\n\n (1) Toll free subscribers shall not hoard toll free numbers.\n\n (2) No person or entity shall acquire a toll free number for the purpose of selling the toll free number to\n another entity or to a person for a fee.\n\n (3) Routing multiple toll free numbers to a single toll free subscriber will create a rebuttable presumption\n that the toll free subscriber is hoarding or brokering toll free numbers.\n\n (b) Tariff Provision. The following provision shall be included in the Service Management System tariff and in\n the local exchange carriers' toll free database access tariffs:\n\n\n\n\n47 CFR 52.107(b) (enhanced display) page 37 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.107(c)\nNumbering\n\n\n [T]he Federal Communications Commission (“FCC”) has concluded that hoarding, defined as the acquisition of\n more toll free numbers than one intends to use for the provision of toll free service, as well as the sale of a toll\n free number by a private entity for a fee, is contrary to the public interest in the conservation of the scarce toll\n free number resource and contrary to the FCC's responsibility to promote the orderly use and allocation of toll\n free numbers.\n\n (c) Toll Free Numbers Assigned via Competitive Bidding. The provisions of this section shall not apply to toll\n free numbers assigned via competitive bidding or to numbers transferred under the exception to § 52.105\n contained in paragraph (f) of that section.\n\n[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018]\n\n\n§ 52.109 Permanent cap on number reservations.\n (a) A Responsible Organization may have in reserve status, at any one time, either 2000 toll free numbers or\n 7.5 percent of that Responsible Organization's numbers in working status, whichever is greater.\n\n (b) A Responsible Organization shall never reserve more than 3 percent of the quantity of toll free numbers in\n spare status as of the previous Sunday at 12:01 a.m. Eastern Time.\n\n (c) The Wireline Competition Bureau shall modify the quantity of numbers a Responsible Organization may\n have in reserve status or the percentage of numbers in the spare pool that a Responsible Organization\n may reserve when exigent circumstances make such action necessary. The Wireline Competition Bureau\n shall establish, modify, and monitor toll free number conservation plans when exigent circumstances\n necessitate such action.\n\n[62 FR 20127, Apr. 25, 1997, as amended at 67 FR 13226, Mar. 21, 2002; 83 FR 53396, Oct. 23, 2018]\n\n\n§ 52.111 Toll free number assignment.\nToll free telephone numbers must be made available to Responsible Organizations and subscribers on an equitable\nbasis. The Commission will assign toll free numbers by competitive bidding, on a first-come, first-served basis, by\nan alternative assignment methodology, or by a combination of the foregoing options.\n\n[83 FR 53396, Oct. 23, 2018]\n\n\nSubpart E—Universal Dialing Code for National Suicide Prevention and Mental Health Crisis\nHotline System\n\nSource: 85 FR 57783, Sept. 16, 2020, unless otherwise noted.\n\n\n\n§ 52.200 Designation of 988 for a National Suicide Prevention and Mental Health Crisis Hotline.\n (a) 988 is established as the 3-digit dialing code for a national suicide prevention and mental health crisis\n hotline system maintained by the Assistant Secretary for Mental Health and Substance Use and the\n Secretary of Veterans Affairs.\n\n (b) All covered providers shall transmit all calls initiated by an end user dialing 988 to the current toll free\n access number for the National Suicide Prevention Lifeline, presently 1–800–273–8255 (TALK).\n\n47 CFR 52.200(b) (enhanced display) page 38 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.200(c)\nNumbering\n\n\n (c) All covered providers shall complete 10-digit dialing implementation in areas that use 7-digit dialing and\n have assigned 988 as a central office code as defined in § 52.7(c) by July 16, 2022.\n\n (d) All covered providers shall complete all changes to their systems that are necessary to implement the\n designation of the 988 dialing code by July 16, 2022.\n\n (e) For purposes of complying with the requirements of this section,\n\n (1) The term “covered provider” means any telecommunications carrier, interconnected VoIP provider, or\n provider of one-way VoIP.\n\n (2) The term “one-way VoIP”—\n\n (i) Means a service that—\n\n (A) Enables real-time, two-way voice communications;\n\n (B) Requires a broadband connection from the user's location;\n\n (C) Requires internet protocol-compatible customer premises equipment; and\n\n (D) Permits users generally to receive calls that originate on the public switched telephone\n network or to terminate calls to the public switched telephone network.\n\n (ii) Does not include any service that is an interconnected VoIP service.\n\n§ 52.201 Texting to the National Suicide Prevention and Mental Health Crisis Hotline.\n (a) Support for 988 text message service. Beginning July 16, 2022, all covered text providers must route a\n covered 988 text message to the current toll free access number for the National Suicide Prevention\n Lifeline, presently 1–800–273–8255 (TALK).\n\n (b) Access to SMS networks for 988 text messages. To the extent that Commercial Mobile Radio Services\n (CMRS) providers offer Short Message Service (SMS), they shall allow access by any other covered text\n provider to the capabilities necessary for transmission of 988 text messages originating on such other\n covered text providers' application services.\n\n (c) Definitions. For purposes of this section:\n\n 988 text message.\n\n (i) Means a message consisting of text, images, sounds, or other information that is transmitted to\n or from a device that is identified as the receiving or transmitting device by means of a 10-digit\n telephone number, N11 service code, or 988;\n\n (ii) Includes and is not limited to a SMS message and a multimedia message service (MMS)\n message; and\n\n (iii) Does not include—\n\n (A) A real-time, two-way voice or video communication; or\n\n (B) A message sent over an IP-enabled messaging service to another user of the same\n messaging service, except a message described in paragraph (b) of this section.\n\n Covered 988 text message means a 988 text message in SMS format and any other format that the\n Wireline Competition Bureau has determined must be supported by covered text providers.\n\n\n47 CFR 52.201(c) “Covered 988 text message” (enhanced display) page 39 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.201(c) “Covered text provider”\nNumbering\n\n\n Covered text provider includes all CMRS providers as well as all providers of interconnected text messaging\n services that enable consumers to send text messages to and receive text messages from all or\n substantially all text-capable U.S. telephone numbers, including through the use of applications\n downloaded or otherwise installed on mobile phones.\n\n Multimedia message service (MMS) shall have the same definition as the term in § 64.1600(k) of this\n chapter.\n\n Short message service (SMS) shall have the same definition as the term in § 64.1600(m) of this chapter.\n\n[87 FR 412, Jan. 5, 2022]\n\n\nAppendix to Part 52—Deployment Schedule for Long-Term Database Methods for Local Number\nPortability\nImplementation must be completed by the carriers in the relevant MSAs during the periods specified below:\n\n Phase I—10/1/97–3/31/98\n Chicago, IL 3\n Philadelphia, PA 4\n Atlanta, GA 8\n New York, NY 2\n Los Angeles, CA 1\n Houston, TX 7\n Minneapolis, MN 12\n Phase II—1/1/98–5/15/98\n Detroit, MI 6\n Cleveland, OH 20\n Washington, DC 5\n Baltimore, MD 18\n Miami, FL 24\n Fort Lauderdale, FL 39\n Orlando, FL 40\n Cincinnati, OH 30\n Tampa, FL 23\n Boston, MA 9\n Riverside, CA 10\n San Diego, CA 14\n Dallas, TX 11\n St. Louis, MO 16\n Phoenix, AZ 17\n Seattle, WA 22\n Phase III—4/1/98–6/30/98\n Indianapolis, IN 34\n\n\n47 CFR 52.201(c) “Short message service” (enhanced display) page 40 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.201(c) “Short message service”\nNumbering\n\n\n Milwaukee, WI 35\n Columbus, OH 38\n Pittsburgh, PA 19\n Newark, NJ 25\n Norfolk, VA 32\n New Orleans, LA 41\n Charlotte, NC 43\n Greensboro, NC 48\n Nashville, TN 51\n Las Vegas, NV 50\n Nassau, NY 13\n Buffalo, NY 44\n Orange Co, CA 15\n Oakland, CA 21\n San Francisco, CA 29\n Rochester, NY 49\n Kansas City, KS 28\n Fort Worth, TX 33\n Hartford, CT 46\n Denver, CO 26\n Portland, OR 27\n Phase IV—7/1/98–9/30/98\n Grand Rapids, MI 56\n Dayton, OH 61\n Akron, OH 73\n Gary, IN 80\n Bergen, NJ 42\n Middlesex, NJ 52\n Monmouth, NJ 54\n Richmond, VA 63\n Memphis, TN 53\n Louisville, KY 57\n Jacksonville, FL 58\n Raleigh, NC 59\n West Palm Beach, FL 62\n Greenville, SC 66\n Honolulu, HI 65\n Providence, RI 47\n Albany, NY 64\n San Jose, CA 31\n Sacramento, CA 36\n\n\n47 CFR 52.201(c) “Short message service” (enhanced display) page 41 of 42\n\f47 CFR Part 52 (up to date as of 2/20/2024)\n 47 CFR 52.201(c) “Short message service”\nNumbering\n\n\n Fresno, CA 68\n San Antonio, TX 37\n Oklahoma City, OK 55\n Austin, TX 60\n Salt Lake City, UT 45\n Tucson, AZ 71\n Phase V—10/1/98–12/31/98\n Toledo, OH 81\n Youngstown, OH 85\n Ann Arbor, MI 95\n Fort Wayne, IN 100\n Scranton, PA 78\n Allentown, PA 82\n Harrisburg, PA 83\n Jersey City, NJ 88\n Wilmington, DE 89\n Birmingham, AL 67\n Knoxville, KY 79\n Baton Rouge, LA 87\n Charleston, SC 92\n Sarasota, FL 93\n Mobile, AL 96\n Columbia, SC 98\n Tulsa, OK 70\n Syracuse, NY 69\n Springfield, MA 86\n Ventura, CA 72\n Bakersfield, CA 84\n Stockton, CA 94\n Vallejo, CA 99\n El Paso, TX 74\n Little Rock, AR 90\n Wichita, KS 97\n New Haven, CT 91\n Omaha, NE 75\n Albuquerque, NM 76\n Tacoma, WA 77\n\n\n[62 FR 18295, Apr. 15, 1997]\n\n\n\n\n47 CFR 52.201(c) “Short message service” (enhanced display) page 42 of 42\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":36,"cells":{"Content":{"kind":"string","value":"47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR Part 4 (Feb. 20, 2024)\nDisruptions to Communications\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 4 Disruptions to Communications\n General\n § 4.1 Scope, basis, and purpose.\n § 4.2 Availability of reports filed under this part.\n Reporting Requirements for Disruptions to Communications\n § 4.3 Communications providers covered by the requirements of this part.\n § 4.5 Definitions of outage, special offices and facilities, 911 special facilities, and 988 special\n facilities.\n § 4.7 Definitions of metrics used to determine the general outage-reporting threshold criteria.\n § 4.9 Outage reporting requirements—threshold criteria.\n § 4.11 Notification and initial and final communications outage reports that must be filed by\n communications providers.\n § 4.13 [Reserved]\n § 4.15 Submarine cable outage reporting.\n § 4.17 Mandatory Disaster Response Initiative.\n\n\nPART 4—DISRUPTIONS TO COMMUNICATIONS\nAuthority: 47 U.S.C. 34–39, 151, 154, 155, 157, 201, 251, 307, 316, 615a–1, 1302(a), and 1302(b); 5 U.S.C. 301,\n and Executive Order no. 10530.\n\nSource: 69 FR 70338, Dec. 3, 2004, unless otherwise noted.\n\n GENERAL\n\n§ 4.1 Scope, basis, and purpose.\n (a) In this part, the Federal Communications Commission is setting forth requirements pertinent to the\n reporting of disruptions to communications and to the reliability and security of communications\n infrastructures.\n\n (b) The definitions, criteria, and reporting requirements set forth in Sections 4.2 through 4.13 of this part are\n applicable to the communications providers defined in Section 4.3 of this part.\n\n (c) The definitions, criteria, and reporting requirements set forth in Section 4.15 of this part are applicable to\n submarine cable providers who have been licensed pursuant to 47 U.S.C. 34–39.\n\n\n47 CFR 4.1(c) (enhanced display) page 1 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.2\nDisruptions to Communications\n\n\n[81 FR 52362, Aug. 8, 2016]\n\n\n§ 4.2 Availability of reports filed under this part.\nReports filed under this part will be presumed to be confidential under § 0.457(d)(1) of this chapter. Notice of any\nrequests for inspection of outage reports will be provided pursuant to § 0.461(d)(3) of this chapter except that the\nChief of the Public Safety and Homeland Security Bureau may grant, without providing such notice, an agency of the\nstates, the District of Columbia, U.S. territories, Federal Government, or Tribal Nations direct access to portions of\nthe information collections affecting its respective jurisdiction after the requesting agency has certified to the\nCommission that it has a need to know this information and has protections in place to safeguard and limit the\ndisclosure of this information as described in the Commission's Certification Form for NORS and DIRS Sharing\n(Certification Form). Sharing is restricted by the following terms:\n\n (a) Requesting Agencies granted direct access to information collections must report immediately to any\n affected service providers and to the Commission any known or reasonably suspected unauthorized use\n or improper disclosure, manage their agency's access to outage reports by managing user accounts in\n accordance with the Commission's rules, coordinate with the Commission to manage an unauthorized\n access incident, and answer any questions from the Commission regarding their agency's access, use, or\n sharing of reports.\n\n (b) Agencies granted direct access to information collections may share copies of the filings, and any\n confidential information derived from the filings, outside their agency on a strict need-to-know basis when\n doing so pertains to a specific imminent or on-going public safety event. The agency must condition the\n recipients' receipt of confidential NORS and DIRS information on the recipients' certification, on a form\n separate from the Certification Form, that they will treat the information as confidential, not publicly\n disclose it absent a finding by the Commission that allows them to do so, and securely destroy the\n information by, at a minimum, securely cross-cut shredding, or machine-disintegrating, paper copies of\n the information, and irrevocably clearing and purging digital copies, when the public safety event that\n warrants access to the information has concluded.\n\n (c) Except as permitted pursuant to paragraph (b) of this section, agencies granted direct access to\n information collections may not share filings, or any confidential information derived from the filings, with\n non-employees of the agency, including agency contractors, unless such sharing is expressly authorized\n in writing by the Commission.\n\n (d) Agencies granted direct access to information collections may disseminate aggregated and anonymized\n information to the public. Such information must be aggregated from at least four service providers and\n must be sufficiently anonymized so that it is not possible to identify any service providers by name or in\n substance.\n\n (e) Consequences for an Agency's failure to comply with these terms may result in, among other measures,\n termination of direct access to reports by the Commission for a time period to be determined by the\n Commission based on the totality of the circumstances surrounding the failure.\n\n[86 FR 22825, Apr. 29, 2021]\n\n\n REPORTING REQUIREMENTS FOR DISRUPTIONS TO COMMUNICATIONS\n\n\n\n\n47 CFR 4.2(e) (enhanced display) page 2 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.3\nDisruptions to Communications\n\n\n§ 4.3 Communications providers covered by the requirements of this part.\n (a) Cable communications providers are cable service providers that also provide circuit-switched telephony.\n Also included are affiliated and non-affiliated entities that maintain or provide communications networks\n or services used by the provider in offering telephony.\n\n (b) Communications provider is an entity that provides for a fee to one or more unaffiliated entities, by radio,\n wire, cable, satellite, and/or lightguide: two-way voice and/or data communications, paging service, and/\n or SS7 communications.\n\n (c) IXC or LEC tandem facilities refer to tandem switches (or their equivalents) and interoffice facilities used\n in the provision of interexchange or local exchange communications.\n\n (d) Satellite communications providers use space stations as a means of providing the public with\n communications, such as telephony and paging. Also included are affiliated and non-affiliated entities that\n maintain or provide communications networks or services used by the provider in offering such\n communications. “Satellite operators” refer to entities that operate space stations but do not necessarily\n provide communications services directly to end users.\n\n (e) Signaling System 7 (SS7) is a signaling system used to control telecommunications networks. It is\n frequently used to “set up,” process, control, and terminate circuit-switched telecommunications, including\n but not limited to domestic and international telephone calls (irrespective of whether the call is wholly or\n in part wireless, wireline, local, long distance, or is carried over cable or satellite infrastructure), SMS text\n messaging services, 8XX number type services, local number portability, VoIP signaling gateway services,\n 555 number type services, and most paging services. For purposes of this rule part, SS7 refers to both the\n SS7 protocol and the packet networks through which signaling information is transported and switched or\n routed. It includes future modifications to the existing SS7 architecture that will provide the functional\n equivalency of the SS7 services and network elements that exist as of August 4, 2004. SS7\n communications providers are subject to the provisions of this part 4 regardless of whether or not they\n provide service directly to end users. Also subject to part 4 of the Commission's rules are affiliated and\n non-affiliated entities that maintain or provide communications networks or services used by the SS7\n provider in offering SS7 communications.\n\n (f) Wireless service providers include Commercial Mobile Radio Service communications providers that use\n cellular architecture and CMRS paging providers. See § 20.3 of this chapter for the definition of\n Commercial Mobile Radio Service. Also included are affiliated and non-affiliated entities that maintain or\n provide communications networks or services used by the provider in offering such communications.\n\n (g) Wireline communications providers offer terrestrial communications through direct connectivity,\n predominantly by wire, coaxial cable, or optical fiber, between the serving central office (as defined in the\n appendix to part 36 of this chapter) and end user location(s). Also included are affiliated and non-affiliated\n entities that maintain or provide communications networks or services used by the provider in offering\n such communications.\n\n (h) Interconnected Voice over Internet Protocol (VoIP) providers are providers of interconnected VoIP service.\n See § 9.3 of this chapter for the definition of interconnected VoIP service. Such providers may be\n facilities-based or non-facilities-based. Also included are affiliated and non-affiliated entities that maintain\n or provide communications networks or services used by the provider in offering such communications.\n\n (i) Excluded from the requirements of this part 4 are those equipment manufacturers or vendors that do not\n maintain or provide communications networks or services used by communications providers in offering\n communications.\n\n47 CFR 4.3(i) (enhanced display) page 3 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.3(j)\nDisruptions to Communications\n\n\n (j) Covered 988 service providers are providers that provide the 988 Suicide & Crisis Lifeline with capabilities\n such as the ability to receive, process, or forward calls. “Covered 988 service provider” shall not include\n any entity that constitutes a crisis center that participates in the 988 Lifeline, or any entity that offers the\n capability to originate 988 calls where another service provider delivers those calls to the appropriate\n crisis center.\n\n[69 FR 70338, Dec. 3, 2004, as amended at 77 FR 25097, Apr. 27, 2012; 83 FR 7401, Feb. 21, 2018; 89 FR 2513, Jan. 16, 2024]\n\n\n§ 4.5 Definitions of outage, special offices and facilities, 911 special facilities, and 988 special\nfacilities.\n (a) Outage is defined as a significant degradation in the ability of an end user to establish and maintain a\n channel of communications as a result of failure or degradation in the performance of a communications\n provider's network.\n\n (b) Special offices and facilities are defined as entities enrolled in the Telecommunications Service Priority\n (TSP) Program at priority Levels 1 and 2, which may include, but are not limited to, major military\n installations, key government facilities, nuclear power plants, and those airports that are listed as current\n primary (PR) airports in the FAA's National Plan of Integrated Airports Systems (NPIAS) (as issued at least\n one calendar year prior to the outage).\n\n (c) A critical communications outage that potentially affects an airport is defined as an outage that:\n\n (1) Disrupts 50 percent or more of the air traffic control links or other FAA communications links to any\n airport;\n\n (2) Has caused an Air Route Traffic Control Center (ARTCC) or airport to lose its radar;\n\n (3) Causes a loss of both primary and backup facilities at any ARTCC or airport;\n\n (4) Affects an ARTCC or airport that is deemed important by the FAA as indicated by FAA inquiry to the\n provider's management personnel; or\n\n (5) Has affected any ARTCC or airport and that has received any media attention of which the\n communications provider's reporting personnel are aware.\n\n (d) [Reserved]\n\n (e) An outage that potentially affects a 911 special facility occurs whenever:\n\n (1) There is a loss of communications to PSAP(s) potentially affecting at least 900,000 user-minutes\n and: The failure is neither at the PSAP(s) nor on the premises of the PSAP(s); no reroute for all end\n users was available; and the outage lasts 30 minutes or more; or\n\n (2) There is a loss of 911 call processing capabilities in one or more E–911 tandems/selective routers\n for at least 30 minutes duration; or\n\n (3) One or more end-office or MSC switches or host/remote clusters is isolated from 911 service for at\n least 30 minutes and potentially affects at least 900,000 user-minutes; or\n\n\n\n\n47 CFR 4.5(e)(3) (enhanced display) page 4 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.5(e)(4)\nDisruptions to Communications\n\n\n (4) There is a loss of ANI/ALI (associated name and location information) and/or a failure of location\n determination equipment, including Phase II equipment, for at least 30 minutes and potentially\n affecting at least 900,000 user-minutes (provided that the ANI/ALI or location determination\n equipment was then currently deployed and in use, and the failure is neither at the PSAP(s) or on the\n premises of the PSAP(s)).\n\n (f) An outage that potentially affects a 988 special facility occurs whenever there is a loss of the ability of the\n 988 Suicide & Crisis Lifeline to receive, process, or forward calls, potentially affecting at least 900,000\n user-minutes and lasting at least 30 minutes duration.\n\n[69 FR 70338, Dec. 3, 2004, as amended at 81 FR 45067, July 12, 2016; 89 FR 2513, Jan. 16, 2024]\n\n\n§ 4.7 Definitions of metrics used to determine the general outage-reporting threshold criteria.\n (a) Administrative numbers are defined as the telephone numbers used by communications providers to\n perform internal administrative or operational functions necessary to maintain reasonable quality of\n service standards.\n\n (b) Assigned numbers are defined as the telephone numbers working in the Public Switched Telephone\n Network under an agreement such as a contract or tariff at the request of specific end users or customers\n for their use. This excludes numbers that are not yet working but have a service order pending.\n\n (c) Assigned telephone number minutes are defined as the mathematical result of multiplying the duration of\n an outage, expressed in minutes, by the sum of the number of assigned numbers (defined in paragraph\n (b) of this section) potentially affected by the outage and the number of administrative numbers (defined\n in paragraph (a) of this section) potentially affected by the outage. “Assigned telephone number minutes”\n can alternatively be calculated as the mathematical result of multiplying the duration of an outage,\n expressed in minutes, by the number of working telephone numbers potentially affected by the outage,\n where working telephone numbers are defined as the telephone numbers, including DID numbers, working\n immediately prior to the outage.\n\n (d) Optical Carrier 3 (OC3) minutes are defined as the mathematical result of multiplying the duration of an\n outage, expressed in minutes, by the number of previously operating OC3 circuits or their equivalents that\n were affected by the outage.\n\n (e) User minutes are defined as:\n\n (1) Assigned telephone number minutes (as defined in paragraph (c) of this section), for telephony,\n including non-mobile interconnected VoIP telephony, and for those paging networks in which each\n individual user is assigned a telephone number;\n\n (2) The mathematical result of multiplying the duration of an outage, expressed in minutes, by the\n number of end users potentially affected by the outage, for all other forms of communications. For\n interconnected VoIP service providers to mobile users, the number of potentially affected users\n should be determined by multiplying the simultaneous call capacity of the affected equipment by a\n concentration ratio of 8.\n\n (f) Working telephone numbers are defined to be the sum of all telephone numbers that can originate, or\n terminate telecommunications. This includes, for example, all working telephone numbers on the\n customer's side of a PBX, or Centrex, or similar arrangement.\n\n[69 FR 70338, Dec. 3, 2004, as amended at 77 FR 25097, Apr. 27, 2012; 81 FR 45068, July 12, 2016]\n\n47 CFR 4.7(f) (enhanced display) page 5 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.9\nDisruptions to Communications\n\n\n§ 4.9 Outage reporting requirements—threshold criteria.\n\nLink to an amendment published at 88 FR 9764, Feb. 15, 2023.\n\nLink to an amendment published at 89 FR 2513, Jan. 16, 2024.\n\n (a) Cable. All cable communications providers shall submit electronically a Notification to the Commission\n within 120 minutes of discovering that they have experienced on any facilities that they own, operate,\n lease, or otherwise utilize, an outage of at least 30 minutes duration that:\n\n (1) Potentially affects at least 900,000 user minutes of telephony service;\n\n (2) Affects at least 667 OC3 minutes;\n\n (3) Potentially affects any special offices and facilities (in accordance with paragraphs (a) through (d) of\n § 4.5); or\n\n (4) Potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5), in which case they also\n shall notify, as soon as possible by telephone or other electronic means, any official who has been\n designated by the management of the affected 911 facility as the provider's contact person for\n communications outages at that facility, and they shall convey to that person all available\n information that may be useful to the management of the affected facility in mitigating the effects of\n the outage on callers to that facility. (OC3 minutes and user minutes are defined in paragraphs (d)\n and (e) of § 4.7.) Not later than 72 hours after discovering the outage, the provider shall submit\n electronically an Initial Communications Outage Report to the Commission. Not later than thirty days\n after discovering the outage, the provider shall submit electronically a Final Communications Outage\n Report to the Commission. The Notification and the Initial and Final reports shall comply with all of\n the requirements of § 4.11.\n\n (b) IXC or LEC tandem facilities. In the case of IXC or LEC tandem facilities, providers must, if technically\n possible, use real-time blocked calls to determine whether criteria for reporting an outage have been\n reached. Providers must report IXC and LEC tandem outages of at least 30 minutes duration in which at\n least 90,000 calls are blocked or at least 667 OC3-minutes are lost. For interoffice facilities which handle\n traffic in both directions and for which blocked call information is available in one direction only, the total\n number of blocked calls shall be estimated as twice the number of blocked calls determined for the\n available direction. Providers may use historic carried call load data for the same day(s) of the week and\n the same time(s) of day as the outage, and for a time interval not older than 90 days preceding the onset\n of the outage, to estimate blocked calls whenever it is not possible to obtain real-time blocked call counts.\n When using historic data, providers must report incidents where at least 30,000 calls would have been\n carried during a time interval with the same duration of the outage. (OC3 minutes are defined in paragraph\n (d) of § 4.7.) In situations where, for whatever reason, real-time and historic carried call load data are\n unavailable to the provider, even after a detailed investigation, the provider must determine the carried call\n load based on data obtained in the time interval between the onset of the outage and the due date for the\n final report; this data must cover the same day of the week, the same time of day, and the same duration\n as the outage. Justification that such data accurately estimates the traffic that would have been carried at\n the time of the outage had the outage not occurred must be available on request. If carried call load data\n cannot be obtained through any of the methods described, for whatever reason, then the provider shall\n report the outage.\n\n (c) Satellite.\n\n47 CFR 4.9(c) (enhanced display) page 6 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.9(c)(1)\nDisruptions to Communications\n\n\n (1) All satellite operators shall submit electronically a Notification to the Commission within 120\n minutes of discovering that they have experienced on any facilities that they own, operate, lease, or\n otherwise utilize, of an outage of at least 30 minutes duration that manifests itself as a failure of any\n of the following key system elements: One or more satellite transponders, satellite beams, inter-\n satellite links, or entire satellites. In addition, all Mobile-Satellite Service (“MSS”) satellite operators\n shall submit electronically a Notification to the Commission within 120 minutes of discovering that\n they have experienced on any facilities that they own, operate, lease, or otherwise utilize, of an\n outage of at least 30 minutes duration that manifests itself as a failure of any gateway earth station,\n except in the case where other earth stations at the gateway location are used to continue gateway\n operations within 30 minutes of the onset of the failure.\n\n (2) All satellite communications providers shall submit electronically a Notification to the Commission\n within 120 minutes of discovering that they have experienced on any facilities that they own, operate,\n lease, or otherwise utilize, an outage of at least 30 minutes duration that manifests itself as:\n\n (i) A loss of complete accessibility to at least one satellite or transponder;\n\n (ii) A loss of a satellite communications link that potentially affects at least 900,000 user-minutes\n (as defined in § 4.7(d)) of either telephony service or paging service; or\n\n (iii) [Reserved]\n\n (iv) Potentially affecting a 911 special facility (as defined in (e) of § 4.5), in which case they also\n shall notify, as soon as possible by telephone or other electronic means, any official who has\n been designated by the management of the affected 911 facility as the provider's contact\n person for communications outages at that facility, and they shall convey to that person all\n available information that may be useful to the management of the affected facility in\n mitigating the effects of the outage on callers to that facility.\n\n (3) Not later than 72 hours after discovering the outage, the operator and/or provider shall submit\n electronically an Initial Communications Outage Report to the Commission. Not later than thirty days\n after discovering the outage, the operator and/or provider shall submit electronically a Final\n Communications Outage Report to the Commission.\n\n (4) The Notification and the Initial and Final reports shall comply with all of the requirements of § 4.11.\n\n (5) Excluded from these outage-reporting requirements are those satellites, satellite beams, inter-\n satellite links, MSS gateway earth stations, satellite networks, and transponders that are used\n exclusively for intra-corporate or intra-organizational private telecommunications networks, for the\n one-way distribution of video or audio programming, or for other non-covered services (that is, when\n they are never used to carry common carrier voice or paging communications).\n\n (d) Signaling system 7. Signaling System 7 (SS7) providers shall submit electronically a Notification to the\n Commission within 120 minutes of discovering that they have experienced on any facilities that they own,\n operate, lease, or otherwise utilize an outage of at least 30 minutes duration that is manifested as the\n generation of at least 90,000 blocked calls based on real-time traffic data or at least 30,000 lost calls\n based on historic carried loads. In cases where a third-party SS7 provider cannot directly estimate the\n number of blocked calls, the third-party SS7 provider shall use 500,000 real-time lost MTP messages as a\n surrogate for 90,000 real-time blocked calls, or 167,000 lost MTP messages on a historical basis as a\n surrogate for 30,000 lost calls based on historic carried loads. Historic carried load data or the number of\n lost MTP messages on a historical basis shall be for the same day(s) of the week and the same time(s) of\n day as the outage, and for a time interval not older than 90 days preceding the onset of the outage. In\n\n47 CFR 4.9(d) (enhanced display) page 7 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.9(e)\nDisruptions to Communications\n\n\n situations where, for whatever reason, real-time and historic data are unavailable to the provider, even\n after a detailed investigation, the provider must determine the carried load based on data obtained in the\n time interval between the onset of the outage and the due date for the final report; this data must cover\n the same day of the week and the same time of day as the outage. If this cannot be done, for whatever\n reason, the outage must be reported. Justification that such data accurately estimates the traffic that\n would have been carried at the time of the outage had the outage not occurred must be available on\n request. Finally, whenever a pair of STPs serving any communications provider becomes isolated from a\n pair of interconnected STPs that serve any other communications provider, for at least 30 minutes\n duration, each of these communications providers shall submit electronically a Notification to the\n Commission within 120 minutes of discovering such outage. Not later than 72 hours after discovering the\n outage, the provider(s) shall submit electronically an Initial Communications Outage Report to the\n Commission. Not later than thirty days after discovering the outage, the provider(s) shall submit\n electronically a Final Communications Outage Report to the Commission. The Notification and the Initial\n and Final reports shall comply with all of the requirements of § 4.11.\n\n (e)\n\n (1) All wireless service providers shall submit electronically a Notification to the Commission within 120\n minutes of discovering that they have experienced on any facilities that they own, operate, lease, or\n otherwise utilize, an outage of at least 30 minutes duration:\n\n (i) Of a Mobile Switching Center (MSC);\n\n (ii) That potentially affects at least 900,000 user minutes of either telephony and associated data\n (2nd generation or lower) service or paging service;\n\n (iii) That affects at least 667 OC3 minutes (as defined in § 4.7); or\n\n (iv) [Reserved]\n\n (v) That potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5), in which\n case they also shall notify, as soon as possible by telephone or other electronic means, any\n official who has been designated by the management of the affected 911 facility as the\n provider's contact person for communications outages at that facility, and they shall convey to\n that person all available information that may be useful to the management of the affected\n facility in mitigating the effects of the outage on callers to that facility.\n\n (2) In determining the number of users potentially affected by a failure of a switch, a wireless provider\n must multiply the number of macro cell sites disabled in the outage by the average number of users\n served per site, which is calculated as the total number of users for the provider divided by the total\n number of the provider's macro cell sites.\n\n (3) For providers of paging service only, a notification must be submitted if the failure of a switch for at\n least 30 minutes duration potentially affects at least 900,000 user-minutes.\n\n (4) Not later than 72 hours after discovering the outage, the provider shall submit electronically an Initial\n Communications Outage Report to the Commission. Not later than 30 days after discovering the\n outage, the provider shall submit electronically a Final Communications Outage Report to the\n Commission.\n\n (5) The Notification and Initial and Final reports shall comply with the requirements of § 4.11.\n\n\n\n47 CFR 4.9(e)(5) (enhanced display) page 8 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.9(f)\nDisruptions to Communications\n\n\n (f) Wireline. All wireline communications providers shall submit electronically a Notification to the\n Commission within 120 minutes of discovering that they have experienced on any facilities that they own,\n operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that:\n\n (1) Potentially affects at least 900,000 user minutes of either telephony or paging;\n\n (2) Affects at least 667 OC3 minutes;\n\n (3) Potentially affects any special offices and facilities (in accordance with paragraphs (a) through (d) of\n § 4.5); or\n\n (4) Potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5), in which case they also\n shall notify, as soon as possible by telephone or other electronic means, any official who has been\n designated by the management of the affected 911 facility as the provider's contact person for\n communications outages at that facility, and the provider shall convey to that person all available\n information that may be useful to the management of the affected facility in mitigating the effects of\n the outage on efforts to communicate with that facility. (OC3 minutes and user minutes are defined\n in paragraphs (d) and (e) of § 4.7.) Not later than 72 hours after discovering the outage, the provider\n shall submit electronically an Initial Communications Outage Report to the Commission. Not later\n than thirty days after discovering the outage, the provider shall submit electronically a Final\n Communications Outage Report to the Commission. The Notification and the Initial and Final reports\n shall comply with all of the requirements of § 4.11.\n\n (g) Interconnected VoIP Service Providers.\n\n (1) All interconnected VoIP service providers shall submit electronically a Notification to the\n Commission:\n\n (i) Within 240 minutes of discovering that they have experienced on any facilities that they own,\n operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that potentially\n affects a 9–1–1 special facility (as defined in (e) of § 4.5), in which case they also shall notify,\n as soon as possible by telephone or other electronic means, any official who has been\n designated by the management of the affected 9–1–1 facility as the provider's contact person\n for communications outages at that facility, and the provider shall convey to that person all\n available information that may be useful to the management of the affected facility in\n mitigating the effects of the outage on efforts to communicate with that facility; or\n\n (ii) Within 24 hours of discovering that they have experienced on any facilities that they own,\n operate, lease, or otherwise utilize, an outage of at least 30 minutes duration:\n\n (A) That potentially affects at least 900,000 user minutes of interconnected VoIP service and\n results in complete loss of service; or\n\n (B) That potentially affects any special offices and facilities (in accordance with paragraphs §\n 4.5(a) through (d)).\n\n (2) Not later than thirty days after discovering the outage, the provider shall submit electronically a Final\n Communications Outage Report to the Commission. The Notification and Final reports shall comply\n with all of the requirements of § 4.11.\n\n (h) Covered 911 service providers. In addition to any other obligations imposed in this section, within thirty\n minutes of discovering an outage that potentially affects a 911 special facility (as defined in § 4.5), all\n covered 911 service providers (as defined in § 12.4(a)(4) of this chapter) shall notify as soon as possible\n\n47 CFR 4.9(h) (enhanced display) page 9 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.11\nDisruptions to Communications\n\n\n but no later than thirty minutes after discovering the outage any official who has been designated by the\n affected 911 special facility as the provider's contact person(s) for communications outages at that\n facility and convey all available information that may be useful in mitigating the effects of the outage, as\n well as a name, telephone number, and email address at which the service provider can be reached for\n follow-up. The covered 911 service provider shall communicate additional material information to the\n affected 911 special facility as it becomes available, but no later than two hours after the initial contact.\n This information shall include the nature of the outage, its best-known cause, the geographic scope of the\n outage, the estimated time for repairs, and any other information that may be useful to the management\n of the affected facility. All notifications shall be transmitted by telephone and in writing via electronic\n means in the absence of another method mutually agreed upon in advance by the 911 special facility and\n the covered 911 service provider.\n\n[69 FR 70338, Dec. 3, 2004, as amended at 77 FR 25097, Apr. 27, 2012; 79 FR 3130, Jan. 17, 2014; 79 FR 7589, Feb. 10, 2014; 81\nFR 45068, July 12, 2016; 88 FR 9764, Feb. 15, 2023]\n\n\n§ 4.11 Notification and initial and final communications outage reports that must be filed by\ncommunications providers.\nNotification and Initial and Final Communications Outage Reports shall be submitted by a person authorized by the\ncommunications provider to submit such reports to the Commission. The person submitting the Final report to the\nCommission shall also be authorized by the provider to legally bind the provider to the truth, completeness, and\naccuracy of the information contained in the report. Each Final report shall be attested by the person submitting the\nreport that he/she has read the report prior to submitting it and on oath deposes and states that the information\ncontained therein is true, correct, and accurate to the best of his/her knowledge and belief and that the\ncommunications provider on oath deposes and states that this information is true, complete, and accurate. The\nNotification shall provide: The name of the reporting entity; the date and time of onset of the outage; a brief\ndescription of the problem; service effects; the geographic area affected by the outage; and a contact name and\ncontact telephone number by which the Commission's technical staff may contact the reporting entity. The Initial\nand Final Reports shall contain the information required in this part 4. The Initial report shall contain all pertinent\ninformation then available on the outage and shall be submitted in good faith. The Final report shall contain all\npertinent information on the outage, including any information that was not contained in, or that has changed from\nthat provided in, the Initial report. The Notification and the Initial and Final Communications Outage Reports are to\nbe submitted electronically to the Commission. “Submitted electronically” refers to submission of the information\nusing Commission-approved Web-based outage report templates. If there are technical impediments to using the\nWeb-based system during the Notification stage, then a written Notification to the Commission by e-mail, FAX, or\ncourier may be used; such Notification shall contain the information required. All hand-delivered Notifications and\nInitial and Final Communications Outage Reports, shall be addressed to the Federal Communications Commission,\nThe Office of Secretary, Attention: Chief, Public Safety & Homeland Security Bureau. Electronic filing shall be\neffectuated in accordance with procedures that are specified by the Commission by public notice. Notifications and\ninitial reports may be withdrawn under legitimate circumstances, e.g., when the filing was made under the mistaken\nassumption that an outage was required to be reported.\n\n[71 FR 69037, Nov. 29, 2006, as amended at 80 FR 34324, June 16, 2015]\n\n\n§ 4.13 [Reserved]\n§ 4.15 Submarine cable outage reporting.\n (a) Definitions.\n47 CFR 4.15(a) (enhanced display) page 10 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.15(a)(1)\nDisruptions to Communications\n\n\n (1) For purposes of this section, “outage” is defined as a failure or significant degradation in the\n performance of a licensee's cable service regardless of whether the traffic can be re-routed to an\n alternate path, where:\n\n (i) An outage of a portion of submarine cable system between submarine line terminal equipment\n (SLTE) at one end of the system and SLTE at another end of the system occurs for 30 minutes\n or more; or\n\n (ii) An outage of any fiber pair, including due to terminal equipment, on a cable segment occurs for\n four hours or more, regardless of the number of fiber pairs that comprise the total capacity of\n the cable segment.\n\n (2) An “outage” does not require reporting under this section if the outage is caused by announced\n planned maintenance and the licensee notified its customers in advance of the planned\n maintenance and its expected duration, except that if the planned maintenance duration surpasses\n the shortest announced duration for the planned maintenance and this additional time triggers the\n requirements in paragraph (a)(1) of this section, the outage becomes reportable as of the time the\n maintenance exceeds the shortest announced duration for the planned maintenance.\n\n (b) Outage reporting.\n\n (1) For each outage that requires reporting under this section, the licensee (or Responsible Licensee as\n designated by a Consortium) shall provide the Commission with a Notification, Interim Report, and a\n Final Outage Report.\n\n (i) For a submarine cable that is jointly owned and operated by multiple licensees, the licensees of\n that cable may designate a Responsible Licensee that files outage reports under this rule on\n behalf of all licensees on the affected cable.\n\n (ii) Licensees opting to designate a Responsible Licensee must jointly notify the Chief of the Public\n Safety and Homeland Security Bureau's Cybersecurity and Communications Reliability Division\n of this decision in writing. Such Notification shall include the name of the submarine cable at\n issue; and contact information for all licensees on the submarine cable at issue, including the\n Responsible Licensee.\n\n (2) Notification, Interim, and Final Outage Reports shall be submitted by a person authorized by the\n licensee to submit such reports to the Commission.\n\n (i) The person submitting the Final Outage Report to the Commission shall also be authorized by\n the licensee to legally bind the provider to the truth, completeness, and accuracy of the\n information contained in the report. Each Final report shall be attested by the person submitting\n the report that he/she has read the report prior to submitting it and on oath deposes and states\n that the information contained therein is true, correct, and accurate to the best of his/her\n knowledge and belief and that the licensee on oath deposes and states that this information is\n true, complete, and accurate.\n\n (ii) The Notification is due within 480 minutes (8 hours) of the time of determining that an event is\n reportable for the first three years from the effective date of these rules. After three years from\n the effective date of the rules, Notifications shall be due within 240 minutes (4 hours). The\n Notification shall be submitted in good faith. Licensees shall provide: The name of the reporting\n entity; the name of the cable and a list of all licensees for that cable; the date and time of onset\n of the outage, if known (for planned events as defined in paragraph (a)(2) of this section, this is\n\n47 CFR 4.15(b)(2)(ii) (enhanced display) page 11 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.15(b)(2)(iii)\nDisruptions to Communications\n\n\n the estimated start time/date of the repair); a brief description of the event, including root\n cause if known; nearest cable landing station; best estimate of approximate location of the\n event, if known (expressed in either nautical miles and the direction from the nearest cable\n landing station or in latitude and longitude coordinates); best estimate of the duration of the\n event, if known; whether the event is related to planned maintenance; and a contact name,\n contact email address, and contact telephone number by which the Commission's technical\n staff may contact the reporting entity.\n\n (iii) The Interim Report is due within 24 hours of receiving the Plan of Work. The Interim Report shall\n be submitted in good faith. Licensees shall provide: The name of the reporting entity; the name\n of the cable; a brief description of the event, including root cause, if known; the date and time of\n onset of the outage; nearest cable landing station; approximate location of the event\n (expressed in either nautical miles and the direction from the nearest cable landing station or in\n latitude and longitude); best estimate of when the cable is scheduled to be repaired, including\n approximate arrival time and date of the repair ship, if applicable; a contact name, contact\n email address, and contact telephone number by which the Commission's technical staff may\n contact the reporting entity.\n\n (iv) The Final Outage Report is due seven (7) days after the repair is completed. The Final Outage\n Report shall be submitted in good faith. Licensees shall provide: The name of the reporting\n entity; the name of the cable; the date and time of onset of the outage (for planned events as\n defined in paragraph (a)(2) of this section, this is the start date and time of the repair); a brief\n description of the event, including the root cause if known; nearest cable landing station;\n approximate location of the event (expressed either in nautical miles and the direction from the\n nearest cable landing station or in latitude and longitude coordinates); duration of the event, as\n defined in paragraph (a) of this section; the restoration method; and a contact name, contact\n email address, and contact telephone number by which the Commission's technical staff may\n contact the reporting entity. If any required information is unknown at the time of submission of\n the Final Report but later becomes known, licensees should amend their report to reflect this\n knowledge. The Final Report must also contain an attestation as described in paragraph\n (b)(2)(i) of this section.\n\n (v) The Notification, Interim Report, and Final Outage Reports are to be submitted electronically to\n the Commission. “Submitted electronically” refers to submission of the information using\n Commission-approved Web-based outage report templates. If there are technical impediments\n to using the Web-based system during the Notification stage, then a written Notification to the\n Commission by email to the Chief, Public Safety and Homeland Security Bureau is permitted;\n such Notification shall contain the information required. Electronic filing shall be effectuated in\n accordance with procedures that are specified by the Commission by public notice.\n Notifications, Interim reports, and Final Reports may be withdrawn under legitimate\n circumstances, e.g., when the filing was made under the mistaken assumption that an outage\n was required to be reported.\n\n (c) Confidentiality. Reports filed under this part will be presumed to be confidential. Public access to reports\n filed under this part may be sought only pursuant to the procedures set forth in 47 CFR 0.461. Notice of\n any requests for inspection of outage reports will be provided pursuant to 47 CFR 0.461(d)(3).\n\n[81 FR 52363, Aug. 8, 2016, as amended at 85 FR 15740, Mar. 19, 2020; 86 FR 22361, Apr. 28, 2021]\n\n\n\n\n47 CFR 4.15(c) (enhanced display) page 12 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.17\nDisruptions to Communications\n\n\n§ 4.17 Mandatory Disaster Response Initiative.\n\nLink to an amendment published at 89 FR 5113, Jan. 26, 2024.\n\n (a) Facilities-based mobile wireless providers are required to perform, or have established, the following\n procedures when:\n\n (1) Any entity authorized to declare Emergency Support Function 2 (ESF–2) activates ESF–2 for a given\n emergency or disaster;\n\n (2) The Commission activates the Disaster Information Reporting System (DIRS); or\n\n (3) The Commission's Chief of the Public Safety and Homeland Security Bureau issues a Public Notice\n activating the Mandatory Disaster Response Initiative in response to a state request to do so, where\n the state has also either activated its Emergency Operations Center, activated mutual aid or\n proclaimed a local state of emergency:\n\n (i) Provide for reasonable roaming under disaster arrangements (RuDs) when technically feasible,\n where:\n\n (A) A requesting provider's network has become inoperable and the requesting provider has\n taken all appropriate steps to attempt to restore its own network; and\n\n (B) The provider receiving the request (home provider) has determined that roaming is\n technically feasible and will not adversely affect service to the home provider's own\n subscribers, provided that existing roaming arrangements and call processing methods do\n not already achieve these objectives and that any new arrangements are limited in\n duration and contingent on the requesting provider taking all possible steps to restore\n service on its own network as quickly as possible;\n\n (ii) Establish mutual aid arrangements with other facilities-based mobile wireless providers for\n providing aid upon request to those providers during emergencies, where such agreements\n address the sharing of physical assets and commit to engaging in necessary consultation\n where feasible during and after disasters, provided that the provider supplying the aid has\n reasonably first managed its own network needs;\n\n (iii) Take reasonable measures to enhance municipal preparedness and restoration;\n\n (iv) Take reasonable measures to increase consumer readiness and preparation; and\n\n (v) Take reasonable measures to improve public awareness and stakeholder communications on\n service and restoration status.\n\n (b) Providers subject to the requirements of paragraph (a) of this section are required to perform annual\n testing of their roaming capabilities and related coordination processes, with such testing performed\n bilaterally with other providers that may foreseeably roam, or request roaming from, the provider during\n times of disaster or other exigency.\n\n (c) Providers subject to the requirements of paragraph (a) of this section are required to submit reports to the\n Commission detailing the timing, duration, and effectiveness of their implementation of the Mandatory\n Disaster Response Initiative's provisions in this section within 60 days of when the Public Safety and\n Homeland Security Bureau issues a Public Notice announcing such reports must be filed for providers\n operating in a certain geographic area in the aftermath of a disaster.\n\n47 CFR 4.17(c) (enhanced display) page 13 of 14\n\f47 CFR Part 4 (up to date as of 2/20/2024)\n 47 CFR 4.17(d)\nDisruptions to Communications\n\n\n (d) Providers subject to the requirements of paragraph (a) of this section are required retain RuDs for a period\n of at least one year after their expiration and supply copies of such agreements to the Commission\n promptly upon Commission request.\n\n (e)\n\n (1) This section may contain information collection and/or recordkeeping requirements. Compliance\n with this section will not be required until this paragraph (e) is removed or contains compliance\n dates, which will not occur until the later of:\n\n (i) 30 days after the Office of Management and Budget completes review of such requirements\n pursuant to the Paperwork Reduction Act or the Public Safety and Homeland Security Bureau\n determines that such review is not required; or\n\n (ii) June 30, 2023 for facilities-based mobile wireless service providers with 1,500 or fewer\n employees and March 30, 2023 for all other facilities-based mobile wireless service providers,\n except that compliance with paragraph (a)(3)(ii) of this section will not be required until 30 days\n after the compliance date for the other provisions of this section.\n\n (2) The Commission directs the Public Safety and Homeland Security Bureau to announce the\n compliance dates for this section by subsequent Public Notice and notification in the FEDERAL\n REGISTER and to cause this section to be revised accordingly.\n\n[87 FR 59339, Sept. 30, 2022]\n\n\n\n\n47 CFR 4.17(e)(2) (enhanced display) page 14 of 14\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":37,"cells":{"Content":{"kind":"string","value":"47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 0 Commission Organization\n Subpart A Organization\n General\n § 0.1 The Commission.\n § 0.3 The Chairperson.\n § 0.5 General description of Commission organization and operations.\n Office of Managing Director\n § 0.11 Functions of the Office.\n Office of Inspector General\n § 0.13 Functions of the Office.\n Office of Media Relations\n § 0.15 Functions of the Office.\n Office of Legislative Affairs\n § 0.17 Functions of the Office.\n § 0.19 Functions of the Office.\n Office of Economics and Analytics\n § 0.21 Functions of the Office.\n Office of Engineering and Technology\n § 0.31 Functions of the Office.\n Office of General Counsel\n § 0.41 Functions of the Office.\n International Bureau\n § 0.51 Functions of the Bureau.\n Media Bureau\n § 0.61 Functions of the Bureau.\n Office of Workplace Diversity\n § 0.81 Functions of the Office.\n Wireline Competition Bureau\n § 0.91 Functions of the Bureau.\n Office of Communications Business Opportunities\n § 0.101 Functions of the office.\n Enforcement Bureau\n § 0.111 Functions of the Bureau.\n47 CFR Part 0 (Feb. 20, 2024) (enhanced display) page 1 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\n § 0.121 Location of field installations.\n Wireless Telecommunications Bureau\n § 0.131 Functions of the Bureau.\n Consumer and Governmental Affairs Bureau\n § 0.141 Functions of the Bureau.\n Office of Administrative Law Judges\n § 0.151 Functions of the Office.\n Homeland Security, Defense and Emergency Preparedness Functions\n § 0.181 The Defense Commissioner.\n § 0.185 Responsibilities of the bureaus and staff offices.\n § 0.186 Emergency Relocation Board.\n Public Safety and Homeland Security Bureau\n § 0.191 Functions of the Bureau.\n § 0.192 Emergency Response Interoperability Center.\n Subpart B Delegations of Authority\n General\n § 0.201 General provisions.\n § 0.203 Authority of person, panel, or board to which functions are delegated.\n § 0.204 The exercise of delegated authority.\n Commissioners\n § 0.211 Chairperson.\n § 0.212 Board of Commissioners.\n § 0.218 Authority of, and delegated to, an individual Commissioner or Commissioners.\n Managing Director\n § 0.231 Authority delegated.\n Chief Engineer\n § 0.241 Authority delegated.\n § 0.247 Record of actions taken.\n General Counsel\n § 0.251 Authority delegated.\n International Bureau\n § 0.261 Authority delegated.\n § 0.262 Record of actions taken.\n Office of Economics and Analytics\n § 0.271 Authority delegated.\n § 0.272 Record of actions taken.\n § 0.273 Actions taken under delegated authority.\n Chief, Media Bureau\n § 0.283 Authority delegated.\n47 CFR Part 0 (Feb. 20, 2024) (enhanced display) page 2 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\n § 0.284 Actions taken under delegated authority.\n § 0.285 Record of actions taken.\n Chief, Wireline Competition Bureau\n § 0.291 Authority delegated.\n § 0.301 [Reserved]\n § 0.302 Record of actions taken.\n § 0.303 [Reserved]\n § 0.304 Authority for determinations of exempt telecommunications company status.\n Enforcement Bureau\n § 0.311 Authority delegated.\n § 0.314 Additional authority delegated.\n § 0.317 Record of action taken.\n Wireless Telecommunications Bureau\n § 0.331 Authority delegated.\n § 0.332 Actions taken under delegated authority.\n §§ 0.333-0.337 [Reserved]\n Administrative Law Judges\n § 0.341 Authority of Administrative Law Judges and other presiding officers.\n § 0.347 Record of actions taken.\n § 0.351 Authority delegated.\n § 0.352 Record of actions taken.\n Consumer and Governmental Affairs Bureau\n § 0.361 Authority delegated.\n Office of Communications Business Opportunities\n § 0.371 Authority delegated.\n National Security and Emergency Preparedness Delegations\n § 0.381 Defense Commissioner.\n § 0.383 Emergency Relocation Board, authority delegated.\n § 0.387 Other national security and emergency preparedness delegations; cross reference.\n Office of Workplace Diversity\n § 0.391 Authority delegated.\n Public Safety and Homeland Security Bureau\n § 0.392 Authority delegated.\n Subpart C General Information\n General\n § 0.401 Location of Commission offices.\n § 0.403 Office hours.\n § 0.405 Statutory provisions.\n § 0.406 The rules and regulations.\n47 CFR Part 0 (Feb. 20, 2024) (enhanced display) page 3 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\n § 0.408 OMB Control Numbers and expiration dates assigned pursuant to the Paperwork\n Reduction Act of 1995.\n § 0.409 Commission policy on private printing of FCC forms.\n Printed Publications\n § 0.411 General reference materials.\n § 0.413 The Commission's printed publications.\n § 0.414 The Communications Act and other statutory materials.\n § 0.415 The rules and regulations (looseleaf service).\n § 0.416 The Federal Communications Commission Record.\n § 0.417 The Annual Reports.\n § 0.420 Other Commission publications.\n Forms and Documents Available Upon Request\n § 0.421 Application forms.\n § 0.422 Current action documents and public notices.\n § 0.423 Information bulletins.\n Lists Containing Information Compiled by the Commission\n § 0.431 The FCC service frequency lists.\n § 0.434 Data bases and lists of authorized broadcast stations and pending broadcast\n applications.\n Public Information and Inspection of Records\n § 0.441 General.\n § 0.442 Disclosure to other Federal government agencies of information submitted to the\n Commission in confidence.\n § 0.445 Publication, availability, and use of opinions, orders, policy statements,\n interpretations, administrative manuals, staff instructions, and frequently requested\n records.\n § 0.451 Inspection of records: Generally.\n § 0.453 Public reference rooms.\n § 0.457 Records not routinely available for public inspection.\n § 0.458 Nonpublic information.\n § 0.459 Requests that materials or information submitted to the Commission be withheld\n from public inspection.\n § 0.460 Requests for inspection of records which are routinely available for public\n inspection.\n § 0.461 Requests for inspection of materials not routinely available for public inspection.\n § 0.463 Disclosure of Commission records and information in legal proceedings in which\n the Commission is a non-party.\n § 0.465 Request for copies of materials which are available, or made available, for public\n inspection.\n\n47 CFR Part 0 (Feb. 20, 2024) (enhanced display) page 4 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\n § 0.466 Definitions.\n § 0.467 Search and review fees.\n § 0.468 Interest.\n § 0.469 Advance payments.\n § 0.470 Assessment of fees.\n Places for Making Submittals or Requests, for Filing Applications, and\n for Taking Examinations\n § 0.471 Miscellaneous submittals or requests.\n § 0.473 Reports of violations.\n § 0.475 Applications for employment.\n § 0.481 Place of filing applications for radio authorizations.\n § 0.482 Application for waiver of wireless radio service rules.\n § 0.483 Applications for amateur or commercial radio operator licenses.\n § 0.484 Amateur radio operator examinations.\n § 0.485 Commercial radio operator examinations.\n § 0.489 [Reserved]\n § 0.491 Application for exemption from compulsory ship radio requirements.\n § 0.493 Non-radio common carrier applications.\n Subpart D Mandatory Declassification of National Security Information\n § 0.501 General.\n § 0.502 Purpose.\n § 0.503 Submission of requests for mandatory declassification review.\n § 0.504 Processing requests for declassification.\n § 0.505 Fees and charges.\n § 0.506 FOIA and Privacy Act requests.\n Subpart E Privacy Act Regulations\n § 0.551 Purpose and scope; definitions.\n § 0.552 Notice identifying Commission systems of records.\n § 0.553 New uses of information.\n § 0.554 Procedures for requests pertaining to individual records in a system of records.\n § 0.555 Disclosure of record information to individuals.\n § 0.556 Request to correct or amend records.\n § 0.557 Administrative review of an initial decision not to amend a record.\n § 0.558 Advice and assistance.\n § 0.559 Disclosure of disputed information to persons other than the individual to whom it\n pertains.\n § 0.560 Penalty for false representation of identity.\n § 0.561 Exemptions.\n Subpart F Meeting Procedures\n\n47 CFR Part 0 (Feb. 20, 2024) (enhanced display) page 5 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR Part 0 (Feb. 20, 2024)\nCommission Organization\n\n\n § 0.601 Definitions.\n § 0.602 Open meetings.\n § 0.603 Bases for closing a meeting to the public.\n § 0.605 Procedures for announcing meetings.\n § 0.606 Procedures for closing a meeting to the public.\n § 0.607 Transcript, recording or minutes; availability to the public.\n Subpart G Intergovernmental Communication\n § 0.701 Intergovernmental Advisory Committee.\n\n\nPART 0—COMMISSION ORGANIZATION\nAuthority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, unless otherwise noted.\n\n\n Link to an amendment published at 89 FR 4161, Jan. 22, 2024.\n\nSubpart A—Organization\n\nAuthority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, unless otherwise noted.\n\n GENERAL\n\n§ 0.1 The Commission.\nThe Federal Communications Commission is composed of five (5) members who are appointed by the president\nsubject to confirmation by the Senate. Normally, one Commissioner is appointed or reappointed each year, for a\nterm of five (5) years.\n\n[53 FR 29054, Aug. 2, 1988]\n\n\n§ 0.3 The Chairperson.\n (a) One of the members of the Commission is designated by the President to serve as Chairperson, or chief\n executive officer, of the Commission. As Chairperson, he/she has the following duties and\n responsibilities:\n\n (1) To preside at all meetings and sessions of the Commission.\n\n (2) To represent the Commission in all matters relating to legislation and legislative reports; however,\n any other Commissioner may present his own or minority views or supplemental reports.\n\n (3) To represent the Commission in all matters requiring conferences or communications with other\n governmental officers, departments or agencies.\n\n (4) To coordinate and organize the work of the Commission in such a manner as to promote prompt and\n efficient disposition of all matters within the jurisdiction of the Commission.\n\n\n\n47 CFR 0.3(a)(4) (enhanced display) page 6 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.3(b)\nCommission Organization\n\n\n (b) The Commission will, in the case of a vacancy in the Office of the Chairperson of the Commission, or in\n the absence or inability of the Chairperson to serve, temporarily designate one of its members to act as\n Chairperson until the cause or circumstance requiring such designation has been eliminated or corrected.\n\n[32 FR 10569, July 19, 1967, as amended at 88 FR 21426, Apr. 10, 2023]\n\n\n§ 0.5 General description of Commission organization and operations.\n (a) Principal staff units. The Commission is assisted in the performance of its responsibilities by its staff,\n which is divided into the following principal units:\n\n (1) Office of Managing Director.\n\n (2) Office of Engineering and Technology.\n\n (3) Office of General Counsel.\n\n (4) Office of Economics and Analytics.\n\n (5) Office of Media Relations.\n\n (6) Office of Legislative Affairs.\n\n (7) Office of Inspector General.\n\n (8) Office of Communications Business Opportunities.\n\n (9) Office of Administrative Law Judges.\n\n (10) Office of Workplace Diversity\n\n (11) Office of International Affairs.\n\n (12) Wireline Competition Bureau.\n\n (13) Wireless Telecommunications Bureau.\n\n (14) Space Bureau.\n\n (15) Media Bureau.\n\n (16) Enforcement Bureau.\n\n (17) Consumer and Governmental Affairs Bureau.\n\n (18) Public Safety and Homeland Security Bureau.\n\n (b) Staff responsibilities and functions. The organization and functions of these major staff units are\n described in detail in §§ 0.11 through 0.151. The defense and emergency preparedness functions of the\n Commission are set forth separately, beginning at § 0.181. For a complete description of staff functions,\n reference should be made to those provisions. (See also the U.S. Government Organization Manual, which\n contains a chart showing the Commission's organization, the names of the members and principal staff\n officers of the Commission, and other information concerning the Commission.)\n\n (c) Delegations of authority to the staff. Pursuant to section 5(c) of the Communications Act, the Commission\n has delegated authority to its staff to act on matters which are minor or routine or settled in nature and\n those in which immediate action may be necessary. See subpart B of this part. Actions taken under\n\n\n47 CFR 0.5(c) (enhanced display) page 7 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.5(d)\nCommission Organization\n\n\n delegated authority are subject to review by the Commission, on its own motion or on an application for\n review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under\n delegated authority have the same force and effect as actions taken by the Commission. The delegation\n of authority to a staff officer, however, does not mean that the staff officer will exercise that authority in all\n matters subject to the delegation. The staff is at liberty to refer any matter at any stage to the\n Commission for action, upon concluding that it involves matters warranting the Commission's\n consideration, and the Commission may instruct the staff to do so.\n\n (d) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with\n by the Commission at regular monthly meetings, or at special meetings called to consider a particular\n matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia,\n but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be\n taken between meetings “by circulation”, which involves the submission of a document to each of the\n Commissioners for his approval.\n\n (e) Compliance with Federal financial management requirements. Any Bureau or Office recommending\n Commission action that may affect agency compliance with Federal financial management requirements\n must confer with the Office of Managing Director. Such items will indicate the position of the Managing\n Director when forwarded to the Commission. Any Bureau or Office taking action under delegated authority\n that may affect agency compliance with Federal financial management requirements must confer with\n the Office of the Managing Director before taking action.\n\n(Secs. 4(i), 303(r) and 5(c)(i), Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283)\n\n[32 FR 10569, July 19, 1967]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 0.5, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n OFFICE OF MANAGING DIRECTOR\n\n§ 0.11 Functions of the Office.\n (a) The Managing Director is appointed by the Chairperson with the approval of the Commission. Under the\n supervision and direction of the Chairperson, the Managing Director shall serve as the Commission's chief\n operating and executive official with the following duties and responsibilities:\n\n (1) Provide managerial leadership to and exercise supervision and direction over the Commission's\n Bureaus and Offices with respect to management and administrative matters but not substantive\n regulatory matters such as regulatory policy and rule making, authorization of service, administration\n of sanctions, and adjudication.\n\n (2) Formulate and administer all management and administrative policies, programs, and directives for\n the Commission consistent with authority delegated by the Commission and the Chairperson and\n recommend to the Chairperson and the Commission major changes in such policies and programs.\n\n (3) Assist the Chairperson in carrying out the administrative and executive responsibilities delegated to\n the Chairperson as the administrative head of the agency.\n\n\n\n\n47 CFR 0.11(a)(3) (enhanced display) page 8 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.11(a)(4)\nCommission Organization\n\n\n (4) Advise the Chairperson and Commission on management, administrative, and related matters;\n review and evaluate the programs and procedures of the Commission; initiate action or make\n recommendations as may be necessary to administer the Communications Act most effectively in\n the public interest. Assess the management, administrative, and resource implications of any\n proposed action or decision to be taken by the Commission or by a Bureau or Office under delegated\n authority; recommend to the Chairperson and Commission program priorities, resource and position\n allocations, management, and administrative policies.\n\n (5) Plan and administer the Commissions performance review system. Assure that objections, priorities,\n and action plans established by Bureau and Offices are consistent with overall Commission\n objectives and priorities.\n\n (6) Plan and administer the Commission's Program Evaluation System. Ensure that evaluation results\n are utilized in Commission decision-making and priority-setting activities.\n\n (7) Direct agency efforts to improve management effectiveness, operational efficiency, employee\n productivity, and service to the public. Administer Commission-wide management programs.\n\n (8) Plan and manage the administrative affairs of the Commission with respect to the functions of\n personnel and position management; labor-management relations; training; budget and financial\n management; accounting for the financial transactions of the Commission and preparation of\n financial statements and reports; information management and processing; organization planning;\n management analysis; procurement; office space management and utilization; administrative and\n office services; supply and property management; records management; personnel and physical\n security; and international telecommunications settlements.\n\n (9) [Reserved]\n\n (10) With the concurrence of the General Counsel, interpret rules and regulations pertaining to fees.\n\n (11) Advise the Chairperson, Commission, and Commission Bureaus and Offices on matters concerning\n the development, administration, and management of the Affordable Connectivity Outreach Grant\n Program.\n\n (b) The Secretary is the official custodian of the Commission's documents. The Office of the Secretary also\n serves as the official FCC records custodian for designated records, including intake processing,\n organization and file maintenance, reference services, and retirement and retrieval of records; manages\n the Electronic Comment Filing System and certifies records for adjudicatory and court proceedings;\n maintains manual and computerized files that provide for the public inspection of public record materials\n concerning Broadcast Ownership, AM/FM/TV, TV translators, FM Translators, Cable TV, Wireless, Auction,\n Common Carrier Tariff matters, International space station files, earth station files, DBS files, and other\n miscellaneous international files; maintains for public inspection Time Brokerage and Affiliation\n Agreements, court citation files, and legislative histories concerning telecommunications dockets and\n provides the public and Commission staff prompt access to manual and computerized records and filing\n systems.\n\n (c) The Chief Information Officer shall have a significant role in: The decision-making process for annual and\n multi-year planning, programming, budgeting, and execution decisions, related reporting requirements,\n and reports related to information technology; the management, governance, and oversight processes\n related to information technology; and the hiring of personnel with information technology\n responsibilities. The Chief Information Officer, in consultation with the Chief Financial Officer and budget\n\n\n47 CFR 0.11(c) (enhanced display) page 9 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.13\nCommission Organization\n\n\n officials, shall specify and approve the allocation of amounts appropriated to the Commission for\n information technology, consistent with the provisions of appropriations Acts, budget guidelines, and\n recommendations from the Director of the Office of Management and Budget.\n\n(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)\n\n[46 FR 59975, Dec. 8, 1981, as amended at 47 FR 41380, Sept. 20, 1982; 49 FR 45583, Nov. 19, 1984; 50 FR 27953, July 9, 1985;\n53 FR 29054, Aug. 2, 1988; 53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4, 1989; 59 FR 26971, May 25, 1994; 60 FR 5323, Jan. 27,\n1995; 62 FR 15853, Apr. 3, 1997; 62 FR 51052, Sept. 30, 1997; 67 FR 13217, Mar. 21, 2002; 69 FR 30233, May 27, 2004; 70 FR\n21651, Apr. 27, 2005; 71 FR 69034, Nov. 29, 2006; 84 FR 6085, Feb. 26, 2019; 87 FR 54328, Sept. 6, 2022; 88 FR 21427, Apr. 10,\n2023]\n\n\n OFFICE OF INSPECTOR GENERAL\n\n§ 0.13 Functions of the Office.\nThe Office of Inspector General is directly responsible to the Chairperson as head of the agency. However, the\nChairperson may not prevent or prohibit the Office of Inspector General from carrying out its duties and\nresponsibilities as mandated by the Inspector General Act Amendments of 1988 (Pub. L. 100–504) and the\nInspector General Act of 1978 (5 U.S.C. Appendix 3), as amended.\n\n (a) Provide policy direction for and to conduct, supervise and coordinate audits and investigations relating to\n the programs and operations of the Federal Communications Commission.\n\n (b) Review existing and proposed legislation and regulations relating to programs and operations of the\n Commission and to make recommendations in its required semiannual reports to Congress concerning\n the impact of such legislation or regulations on the economy and efficiency in the administration of these\n programs and operations, or the prevention and detection of fraud and abuse in such programs and\n operations.\n\n (c) Recommend policies and conduct or coordinate other activities to promote economy and efficiency in the\n administration of Commission programs, or detect and prevent fraud and abuse in Commission activities.\n Coordinate with other governmental agencies and non-governmental entities on these matters.\n\n (d) Keep the Chairperson of the Commission—and through him or her the other Commissioners—and the\n Congress fully and currently informed concerning fraud and other serious problems, abuses, and\n deficiencies relating to the administration of Commission programs and operations; recommend\n corrective action and report on the progress made in implementing such corrective action. In addition to\n providing the Chairperson with the results of completed audits and inspections, the Inspector General\n shall prepare statutorily required reports, identified as such, to include:\n\n (1) Semiannual reports summarizing activities of the office during the preceding six-month period (due\n to the Chairperson by April 30 and October 31);\n\n (2) Special reports specifically identifying any serious or flagrant problems, abuses or deficiencies (due\n to the Chairperson immediately upon discovery of these matters by the Inspector General).\n\n[54 FR 15194, Apr. 17, 1989, as amended at 88 FR 21427, Apr. 10, 2023]\n\n\n OFFICE OF MEDIA RELATIONS\n\n\n47 CFR 0.13(d)(2) (enhanced display) page 10 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.15\nCommission Organization\n\n\n§ 0.15 Functions of the Office.\n (a) Enhance public understanding of and compliance with the Commission's regulatory requirements through\n dissemination of information to the news media.\n\n (b) Act as the principal channel for communicating information to the news media on Commission policies,\n programs, and activities.\n\n (c) Advise the Commission on information dissemination as it affects liaison with the media.\n\n (d) Manage the FCC's Internet site and oversee the agency's Web standards and guidelines.\n\n (e) Maintain liaison with the Consumer and Governmental Affairs Bureau on press and media issues\n concerning consumer assistance and information including informal consumer complaints.\n\n (f) Manage the FCC's audio/visual support services and maintain liaison with outside parties regarding the\n broadcast of Commission proceedings.\n\n[64 FR 60716, Nov. 8, 1999, as amended at 67 FR 13217, Mar. 21, 2002; 67 FR 46112, July 12, 2002]\n\n\n OFFICE OF LEGISLATIVE AFFAIRS\n\n§ 0.17 Functions of the Office.\nThe Office of Legislative Affairs is directly responsible to the Commission. The Office has the following duties and\nresponsibilities:\n\n (a) Advise and make recommendations to the Commission with respect to legislation proposed by members\n of Congress or the Executive Branch and coordinate the preparation of Commission views thereon for\n submission to Congress or the Executive Branch.\n\n (b) Coordinate with the Office of General Counsel responses to Congressional or Executive Branch inquiries\n as to the local ramifications of Commission policies, regulations, rules, and statutory interpretations.\n\n (c) Assist the Office of the Managing Director in preparation of the annual report to Congress, the\n Commission budget and appropriations legislation to Congress; assist the Office of Media Relations in\n preparation of the Commission's Annual Report.\n\n (d) Assist the Chairperson and Commissioners in preparation for, and the coordination of their appearances\n before the Committees of Congress.\n\n (e) Coordinate the annual Commission legislative program.\n\n (f) Coordinate Commission and staff responses to inquiries by individual members of Congress,\n congressional committees and staffs.\n\n (g) Coordinate with the Consumer and Governmental Affairs Bureau on issues involving informal consumer\n complaints and other general inquiries by consumers.\n\n[52 FR 42438, Nov. 5, 1987, as amended at 64 FR 60716, Nov. 8, 1999; 67 FR 13217, Mar. 21, 2002; 88 FR 21427, Apr. 10, 2023]\n\n\n§ 0.19 Functions of the Office.\nThe Office of International Affairs has the following duties and responsibilities:\n47 CFR 0.19 (enhanced display) page 11 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.19(a)\nCommission Organization\n\n\n (a) To initiate and direct the development and articulation of international telecommunications policies,\n consistent with the priorities of the Commission.\n\n (b) To advise the Chairperson and Commissioners on matters of international telecommunications policy,\n and on the adequacy of the Commission's actions to promote the vital interests of the American public in\n international commerce, national defense, and foreign policy.\n\n (c) To represent the Commission on international communications matters, including matters involving\n international, regional, and cross border spectrum allocation and frequency coordination at both domestic\n and international conferences and meetings, and to direct and coordinate the Commission's preparation\n for such conferences and meetings.\n\n (d) To direct and coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of\n international agreements to provide for arrangements and procedures for coordination of radio frequency\n assignments to prevent or resolve international radio interference involving U.S. licensees.\n\n (e) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty\n obligations, and consistent with Commission policy, in coordination with other Bureaus and Offices as\n appropriate, to ensure that the Commission's regulations, procedures, and frequency allocations comply\n with the mandatory requirements of all applicable international and bilateral agreements.\n\n (f) To serve as the single focal point within the Commission for cooperation and consultation on international\n telecommunications matters with other Federal agencies, international or foreign organizations, and\n appropriate regulatory bodies and officials of foreign governments.\n\n (g) To develop, recommend, and administer policies, rules, standards, and procedures regarding the\n authorization and regulation of international telecommunications facilities and services, submarine\n cables, international broadcast services, and foreign ownership issues.\n\n (h) To develop, recommend, and administer policies, rules, standards, and procedures regarding coordination\n with Executive Branch agencies on national security, law enforcement, foreign policy, trade policy, or\n concerns.\n\n (i) To monitor compliance with the terms and conditions of authorizations and licenses and pursue\n enforcement actions in conjunction with appropriate bureaus and offices.\n\n (j) To develop, coordinate with other Federal agencies, and administer the regulatory assistance and training\n programs for foreign administrations to promote telecommunications development.\n\n (k) To provide advice and technical assistance to U.S. trade officials in the negotiation and implementation of\n communications trade agreements, and consult with other bureaus and offices as appropriate with\n respect thereto.\n\n (l) To conduct economic, legal, technical, statistical, and other appropriate studies, surveys, and analyses in\n support of international telecommunications policies and programs.\n\n (m) To collect and disseminate within the Commission information and data on international communications\n policies, regulatory and market developments in other countries, and international organizations.\n\n (n) To work with the Office of Legislative Affairs to coordinate the Commission's activities on significant\n matters of international policy with appropriate Congressional offices.\n\n (o) To advise the Chairperson on priorities for international travel and develop, coordinate, and administer the\n international travel plan.\n\n47 CFR 0.19(o) (enhanced display) page 12 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.19(p)\nCommission Organization\n\n\n (p) Managing efforts across the Bureaus and Offices to participate in international standards activities and\n serving as the FCC's senior representative at in-person standards meetings around the world in\n conjunction with staff from other Bureaus and Offices as needed.\n\n (q) To issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and\n issue orders to cease and desist such operations, in cases where the presiding officer has issued a\n certification order to the Commission that the carrier has waived its opportunity for hearing under that\n section.\n\n (r) To exercise the authority to issue non-hearing related subpoenas for the attendance and testimony of\n witnesses and the production of books, papers, correspondence, memoranda, schedules of charges,\n contracts, agreements, and any other records deemed relevant to the investigation of matters within the\n jurisdiction of the Office of International Affairs. Before issuing a subpoena, the Office of International\n Affairs shall obtain the approval of the Office of General Counsel.\n\n (s) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer\n complaints and other general inquiries by consumers.\n\n (t) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety,\n homeland security, national security, emergency management, disaster management, and related issues.\n\n[88 FR 21427, Apr. 10, 2023]\n\n\n OFFICE OF ECONOMICS AND ANALYTICS\n\n§ 0.21 Functions of the Office.\nThe Office of Economics and Analytics advises and makes recommendations to the Commission in the areas of\neconomic and data analysis and data management policy. The Office reviews all Commission actions involving\nsignificant economic or data analysis and provides expertise, guidance, and assistance to the Bureaus and other\nOffices in applying the principles of economic and data analysis. The Office coordinates the Commission's research\nand development activities relating to economic and data analysis and data management policy. In addition, the\nOffice serves, in close coordination with other relevant Bureaus and Offices, as a principal resource for policy and\nadministrative staff of the Commission with regard to the design, implementation, and administration of auctions.\nThe Office also establishes and implements Commission data management policies in conjunction with the\nrelevant Bureaus and Offices and with the Office of Managing Director and Office of General Counsel. The Office of\nEconomics and Analytics has the following duties and responsibilities:\n\n (a) Identifies and evaluates significant communications policy issues, based on the principles and methods\n of economics and data analysis.\n\n (b) Collaborates with and advises other Bureaus and Offices in the areas of economic and data analysis and\n with respect to the analysis of benefits, costs, and regulatory impacts of Commission policies, rules, and\n proposals.\n\n (c) Prepares a rigorous, economically-grounded cost-benefit analysis for every rulemaking deemed to have an\n annual effect on the economy of $100 million or more.\n\n (d) Confirms that the Office of Economics and Analytics has reviewed each Commission rulemaking to\n ensure it is complete before release to the public.\n\n\n47 CFR 0.21(d) (enhanced display) page 13 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.21(e)\nCommission Organization\n\n\n (e) Reviews and comments on all significant issues of economic and data analysis raised in connection with\n actions proposed to be taken by the Commission and advises the Commission regarding such issues.\n\n (f) Develops, recommends, and implements data management policies in conjunction with the Office of\n Managing Director, the Office of General Counsel, and relevant Bureaus and Offices, and collaborates with\n and advises other Bureaus and Offices with respect to data management and data analysis.\n\n (g) Manages the Commission's economic and data analysis research programs, recommends budget levels\n and priorities for these programs, and serves as central account manager for all contractual economic\n and data analysis research studies funded by the Commission.\n\n (h) Conducts economic, statistical, cost-benefit, and other data analysis of the impact of existing and\n proposed communications policies and operations, including cooperative studies with other staff units\n and consultant and contract efforts as appropriate.\n\n (i) Coordinates the Commission's evaluation of government (state and federal), academic, and industry-\n sponsored research affecting Commission policy.\n\n (j) Coordinates with other Bureaus and Offices in making recommendations to the Commission on\n communications policy issues that involve economic and data analysis, to include cost-benefit analysis;\n represents the Commission at appropriate discussions and conferences.\n\n (k) Develops and recommends procedures and plans for effective economic and data analysis, to include\n cost-benefit analysis, within the Commission.\n\n (l) Seeks to ensure that FCC policy encourages and promotes competitive markets by providing Bureaus and\n Offices with the necessary support to identify, evaluate, and resolve competition issues.\n\n (m) Serves as the Commission's principal policy and administrative staff resource with regard to auction\n design and implementation issues. Jointly with the Wireless Telecommunications Bureau, Media Bureau,\n Wireline Competition Bureau, and/or other relevant Bureaus and Offices, develops, recommends, and\n administers policies, programs and rules, and advises the Commission on policy, engineering, and\n technical matters, concerning auctions of spectrum for wireless telecommunications and broadcast\n services and uses of competitive bidding to achieve other Commission policy objectives, including\n universal service support. Administers procurement of auction-related services from outside contractors.\n Oversees auctions conducted on behalf of the Commission by third parties at the direction of the\n Commission. Provides policy, administrative, and technical assistance to other Bureaus and Offices on\n auction issues. Advises and makes recommendations to the Commission, or acts for the Commission\n under delegated authority, in all matters pertaining to auction implementation. These activities include:\n Conducting auctions, policy development and coordination; conducting rulemaking and adjudicatory\n proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement\n Bureau; acting on waivers of rules; compliance and enforcement activities for matters not within the\n responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or\n recommended Commission activities concerning auctions, and developing and recommending resource\n deployment priorities. Exercises such authority as may be assigned, delegated, or referred to it by the\n Commission.\n\n (n) With respect to applicable data and reporting duties assigned to the Office, coordinates with the Public\n Safety and Homeland Security Bureau and other relevant Bureaus and Offices on all matters affecting\n public safety, homeland security, national security, emergency management, disaster management, and\n related issues.\n\n\n47 CFR 0.21(n) (enhanced display) page 14 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.21(o)\nCommission Organization\n\n\n (o) With respect to applicable data and reporting duties assigned to the Office, and in coordination with the\n Wireline Competition Bureau and the Wireless Telecommunications Bureau, provides federal staff support\n for the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional\n Separations.\n\n (p) In coordination with other relevant Bureaus and Offices, provides economic, financial, and technical\n analyses of communications markets and provider performance.\n\n (q) In coordination with the Wireline Competition Bureau, provides technical support for de novo review of\n decisions of the Administrative Council for Terminal Attachments regarding technical criteria pursuant to\n § 68.614 of this chapter.\n\n (r) Prepares briefings, position papers, and proposed Commission actions, as appropriate.\n\n (s) In coordination with other relevant Bureaus and Offices, develops and recommends responses to\n legislative, regulatory or judicial inquiries and proposals concerning or affecting matters within the\n purview of its functions.\n\n (t) Administers part 1, subparts V and W, of this chapter, including rulemaking.\n\n[83 FR 63075, Dec. 7, 2018, as amended at 85 FR 34526, June 5, 2020]\n\n\n OFFICE OF ENGINEERING AND TECHNOLOGY\n\n§ 0.31 Functions of the Office.\nThe Office of Engineering and Technology has the following duties and responsibilities:\n\n (a) To evaluate evolving technology for interference potential and to suggest ways to facilitate its introduction\n in response to Bureau initiatives, and advise the Commission and staff offices in such matters.\n\n (b) Represent the Commission at various national conferences and meetings (and, in consultation with the\n Office of International Affairs, at various international conferences and meetings) devoted to the progress\n of communications and the development of technical and other information and standards, and serve as\n Commission coordinator for the various national conferences when appropriate.\n\n (c) To conduct scientific and technical studies in advanced phases of terrestrial and space communications,\n and special projects to obtain theoretical and experimental data on new or improved techniques.\n\n (d) To advise the Commission concerning engineering matters, including (in consultation with the Public\n Safety and Homeland Security Bureau where appropriate) privacy and security of communications,\n involved in making or implementing policy or in resolving specific cases.\n\n (e) To develop and implement procedures to acquire, store, and retrieve scientific and technical information\n useful in the engineering work of the Commission.\n\n (f) To advise and represent the Commission on frequency allocation and spectrum usage matters.\n\n (g) In cooperation with the relevant Bureaus and Offices, including the Office of General Counsel and the\n Office of Economics and Analytics, to advise the Commission, participate in and coordinate staff work\n with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction\n of any single Bureau, and render service and advice with respect to rule making matters and proceedings\n affecting more than one Bureau.\n\n47 CFR 0.31(g) (enhanced display) page 15 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.31(h)\nCommission Organization\n\n\n (h) To collaborate with and advise other Bureaus and Offices in the formulation of technical requirements of\n the Rules.\n\n (i) To administer parts 2, 5, 15, and 18 of this chapter, including licensing, recordkeeping, and rule making.\n\n (j) To perform all engineering and management functions of the Commission with respect to formulating\n rules and regulations, technical standards, and general policies for parts 15, 18 and § 63.100 of this\n chapter, and for type approval and acceptance, and certification of radio equipment for compliance with\n the Rules.\n\n (k) To maintain liaison with other agencies of government, technical experts representing foreign\n governments, and members of the public and industry concerned with communications and frequency\n allocation and usage.\n\n (l) To calibrate and standardize technical equipment and installations used by the Commission.\n\n (m) To exercise authority as may be assigned or referred by the Commission pursuant to section 5(c) of the\n Communications Act of 1934, as amended.\n\n (n) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer\n complaints and other general inquiries by consumers.\n\n(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083,\n1084, 1085, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)\n\n[45 FR 28718, Apr. 30, 1980, as amended at 46 FR 45342, Sept. 11, 1981; 51 FR 12615, Apr. 14, 1986; 60 FR 5323, Jan. 27, 1995;\n62 FR 4170, Jan. 29, 1997; 63 FR 37499, July 13, 1998; 64 FR 60716, Nov. 8, 1999; 67 FR 13217, Mar. 21, 2002; 68 FR 11747, Mar.\n12, 2003; 69 FR 70337, Dec. 3, 2004; 71 FR 69034, Nov. 29, 2006; 73 FR 9463, Feb. 21, 2008; 83 FR 63075, Dec. 7, 2018; 88 FR\n21428, Apr. 10, 2023]\n\n\n OFFICE OF GENERAL COUNSEL\n\n§ 0.41 Functions of the Office.\nThe Office of the General Counsel has the following duties and responsibilities:\n\n (a) To advise and represent the Commission in matters of litigation.\n\n (b) To advise and make recommendations to the Commission with respect to proposed legislation and\n submit agency views on legislation when appropriate.\n\n (c) To interpret the statutes, international agreements, and international regulations affecting the\n Commission.\n\n (d) To prepare and make recommendations and interpretations concerning procedural rules of general\n applicability and to review all rules for consistency with other rules, uniformity, and legal sufficiency.\n\n (e) To conduct research in legal matters as directed by the Commission.\n\n (f) In cooperation with the Office of Engineering and Technology, to participate in, render advice to the\n Commission, and coordinate the staff work with respect to general frequency allocation proceedings and\n other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule\n making matters and proceedings affecting more than one bureau.\n\n\n47 CFR 0.41(f) (enhanced display) page 16 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.41(g)\nCommission Organization\n\n\n (g) To exercise such authority as may be assigned or referred to it by the Commission pursuant to section\n 5(c) of the Communications Act of 1934, as amended.\n\n (h) To cooperate with the Space Bureau on all matters pertaining to space policy and satellite\n communications.\n\n (i) To interpret statutes and executive orders affecting the Commission's national defense responsibilities,\n and to perform such functions involving implementation of such statutes and executive orders as may be\n assigned to it by the Commission or the Defense Commissioner.\n\n (j) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal\n problems as may arise.\n\n (k) To issue determinations on matters regarding the interception and recording of telephone conversations\n by Commission personnel. Nothing in this paragraph, however, shall affect the authority of the Inspector\n General to intercept or record telephone conversations as necessary in the conduct of investigations or\n audits.\n\n (l) To advise the Commission in the preparation and revision of rules and the implementation and\n administration of ethics regulations and the Freedom of Information, Privacy, Government in the Sunshine\n and Alternative Dispute Resolution Acts.\n\n (m) To assist and make recommendations to the Commission, and to individual Commissioners assigned to\n review initial decisions, as to the disposition of cases of adjudication and such other cases as, by\n Commission policy, are handled in the same manner and which have been designated for hearing.\n\n (n) To serve as the principal operating office on ex parte matters involving restricted proceedings. To review\n and dispose of all ex parte communications received from the public and others.\n\n(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083,\n1084, 1085, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)\n\n[28 FR 12392, Nov. 22, 1963; 37 FR 19372, Sept. 20, 1972, as amended at 40 FR 17253, Apr. 18, 1975; 43 FR 29006, July 5, 1978;\n44 FR 39179, July 5, 1979; 46 FR 57050, Nov. 20, 1981; 49 FR 47604, Dec. 6, 1984; 50 FR 2985, Jan. 23, 1985; 50 FR 49048, Nov.\n29, 1985; 51 FR 12615, Apr. 14, 1986; 60 FR 5323, Jan. 27, 1995; 60 FR 34901, July 5, 1995; 62 FR 4170, Jan. 29, 1997; 62 FR\n15853, Apr. 3, 1997; 64 FR 5950, Feb. 8, 1999; 64 FR 57585, Oct. 26, 1999; 88 FR 21428, Apr. 10, 2023]\n\n\n INTERNATIONAL BUREAU\n\n§ 0.51 Functions of the Bureau.\nThe Space Bureau has the following duties and responsibilities:\n\n (a) To develop, recommend, and administer policies, rules, standards, and procedures for the authorization\n and regulation of domestic and international satellite systems.\n\n (b) To monitor compliance with the terms and conditions of authorizations and licenses granted by the\n Bureau, and to pursue enforcement actions in conjunction with appropriate bureaus and offices.\n\n (c) To facilitate the international coordination of U.S. spectrum allocations for space-based services and\n frequency and orbital assignments so as to minimize cases of international radio interference involving\n U.S. licensees.\n\n\n47 CFR 0.51(c) (enhanced display) page 17 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.51(d)\nCommission Organization\n\n\n (d) To coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of arrangements\n and procedures for coordination of radio frequency assignments for space-based services to prevent or\n resolve international radio interference involving U.S. space station and/or earth station licensees.\n\n (e) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty\n obligations in coordination with the Office of International Affairs, and, consistent with Commission policy,\n to ensure that the Commission's regulations, procedures, and frequency allocations comply with the\n mandatory requirements of all applicable international and bilateral agreements involving space-based\n services.\n\n (f) In coordination with the Office of International Affairs, to oversee and, as appropriate, administer activities\n pertaining to the international consultation, coordination, and notification of U.S. frequency and orbital\n assignments, including activities required by bilateral agreements, the international Radio Regulations,\n and other international agreements.\n\n (g) To serve as a focal point for coordination with other U.S. government agencies on matters of space policy,\n licensing and governance and, to support the Office of International Affairs with other Federal agencies,\n international or foreign organizations, and appropriate regulatory bodies and officials of foreign\n governments for meetings that involve space policy matters.\n\n (h) To exercise authority to issue non-hearing related subpoenas for the attendance and testimony of\n witnesses and the production of books, papers, correspondence, memoranda, schedules of charges,\n contracts, agreements, and any other records deemed relevant to the investigation of matters within the\n jurisdiction of the Space Bureau. Before issuing a subpoena, the Space Bureau shall obtain the approval\n of the Office of General Counsel.\n\n (i) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer\n complaints and other general inquiries by consumers.\n\n (j) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety,\n homeland security, national security, emergency management, disaster management, and related issues.\n\n[88 FR 21428, Apr. 10, 2023]\n\n\n MEDIA BUREAU\n\n§ 0.61 Functions of the Bureau.\nThe Media Bureau develops, recommends and administers the policy and licensing programs for the regulation of\nmedia, including cable television, broadcast television and radio, and satellite services in the United States and its\nterritories. The Bureau advises and recommends to the Commission, or acts for the Commission under delegated\nauthority, in matters pertaining to multichannel video programming distribution, broadcast radio and television,\ndirect broadcast satellite service policy, and associated matters. The Bureau will, among other things:\n\n (a) Process applications for authorization, assignment, transfer and renewal of media services, including AM,\n FM, TV, the cable TV relay service, and related services.\n\n (b) Conduct rulemaking proceedings concerning the legal, engineering, and economic aspects of media\n service.\n\n (c) Conduct comprehensive studies and analyses concerning the legal, engineering, and economic aspects of\n electronic media services.\n47 CFR 0.61(c) (enhanced display) page 18 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.61(d)\nCommission Organization\n\n\n (d) [Reserved]\n\n (e) Administer and enforce rules and policies regarding political programming and related matters.\n\n (f) Administer and enforce rules and policies regarding:\n\n (1) Radio and television broadcast industry services;\n\n (2) Cable television systems, operators, and services, including those relating to rates, technical\n standards, customer service, ownership, competition to cable systems, broadcast station signal\n retransmission and carriage, program access, wiring equipment, channel leasing, and federal-state/\n local regulatory relationships. This includes: acting, after Commission assumption of jurisdiction to\n regulate cable television rates for basic service and associated equipment, on cable operator\n requests for approval of existing or increased rates; reviewing appeals of local franchising\n authorities' rate making decisions involving rates for the basic service tier and associated\n equipment, except when such appeals raise novel or unusual issues; evaluating basic rate regulation\n certification requests filed by cable system franchising authorities; periodically reviewing and, when\n appropriate, revising standard forms used in administering: the certification process for local\n franchising authorities wishing to regulate rates, and the substantive rate regulation standards\n prescribed by the Commission;\n\n (3) Open video systems;\n\n (4) Preemption of restrictions on devices designed for over-the-air reception of television broadcast\n signals, multichannel multipoint distribution service, and direct broadcast satellite services;\n\n (5) The commercial availability of navigational devices;\n\n (6) The accessibility of video programming to persons with disabilities;\n\n (7) Program access and carriage;\n\n (8) The Satellite Home Viewer Improvement Act; and\n\n (9) Post-licensing for satellite consumer broadcast services (DBS, DTH and DARS).\n\n\n Note to paragraph (f): The Media Bureau's enforcement authority does not include\n enforcement in those areas assigned to the Enforcement Bureau. See 47 CFR 0.111.\n\n (g) Conduct rulemaking and policy proceedings regarding pole attachments.\n\n (h) Process and act on all applications for authorization, petitions for special relief, petitions to deny, waiver\n requests, requests for certification, objections, complaints, and requests for declaratory rulings and stays\n regarding the areas listed.\n\n (i) Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints\n and other general inquiries by consumers.\n\n (j) Exercise authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses\n and the production of books, papers, correspondence, memoranda, schedules of charges, contracts,\n agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction\n of the Media Bureau. Before issuing a subpoena, the Media Bureau shall obtain the approval of the Office\n of General Counsel.\n\n\n47 CFR 0.61(j) (enhanced display) page 19 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.61(k)\nCommission Organization\n\n\n (k) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except\n as reserved to the Commission under § 0.283.\n\n (l) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety,\n homeland security, national security, emergency management, disaster management, and related issues.\n\n[67 FR 13217, Mar. 21, 2002, as amended at 71 FR 69034, Nov. 29, 2006; 84 FR 9465, Mar. 15, 2019]\n\n\n OFFICE OF WORKPLACE DIVERSITY\n\n§ 0.81 Functions of the Office.\n (a) The Office of Workplace Diversity (OWD), as a staff office to the Commission, shall develop, coordinate,\n evaluate, and recommend to the Commission policies, programs, and practices that foster a diverse\n workforce and promote and ensure equal opportunity for all employees and applicants for employment. A\n principal function of the Office is to lead, advise, and assist the Commission, including all of its\n component Bureau/Office managers, supervisors, and staff, at all levels, on ways to promote inclusion\n and full participation of all employees in pursuit of the Commission's mission. In accordance with this\n function, the Office shall:\n\n (1) Conduct independent analyses of the Commission's policies and practices to ensure that those\n policies and practices foster diversity in the workplace and ensure equal opportunity and equal\n treatment for employees and applicants; and\n\n (2) Advise the Commission, Bureaus, and Offices of their responsibilities under Title VII of the Civil\n Rights Act of 1964, as amended; Section 501 of the Rehabilitation Act of 1973, as amended; Age\n Discrimination in Employment Act of 1967, as amended; Executive Order 11478; and all other\n statutes, Executive Orders, and regulatory provisions relating to workplace diversity, equal\n employment opportunity, nondiscrimination, and civil rights.\n\n (b) The Office has the following duties and responsibilities:\n\n (1) Through its Director, serves as the principal advisor to the Chairperson and Commission officials on\n all aspects of workplace diversity, affirmative recruitment, equal employment opportunity, non-\n discrimination, and civil rights;\n\n (2) Provides leadership and guidance to create a work environment that values and encourages diversity\n in the workplace;\n\n (3) Is responsible for developing, implementing, and evaluating programs and policies to foster a\n workplace whose diversity reflects the diverse makeup of the Nation, enhances the mission of the\n Commission, and demonstrates the value and effectiveness of a diverse workforce;\n\n (4) Is responsible for developing, implementing, and evaluating programs and policies that promote\n understanding among members of the Commission's workforce of their differences and the value of\n those differences and provide a channel for communication among diverse members of the\n workforce at all levels;\n\n (5) Develops, implements, and evaluates programs and policies to ensure that all members of the\n Commission's workforce and candidates for employment have equal access to opportunities for\n employment, career growth, training, and development and are protected from discrimination and\n harassment;\n\n47 CFR 0.81(b)(5) (enhanced display) page 20 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.81(b)(6)\nCommission Organization\n\n\n (6) Develops and recommends Commission-wide workforce diversity goals and reports on\n achievements;\n\n (7) Is responsible for developing, implementing, and evaluating programs and policies to enable all\n Bureaus and Offices to manage a diverse workforce effectively and in compliance with all equal\n employment opportunity and civil rights requirements;\n\n (8) Works closely with the Associate Managing Director—Human Resources Management to ensure\n compliance with Federal and Commission recruitment and staffing requirements;\n\n (9) Manages the Commission's equal employment opportunity compliance program. Responsibilities in\n this area include processing complaints alleging discrimination, recommending to the Chairperson\n final decisions on EEO complaints within the Commission, and providing counseling services to\n employees and applicants on EEO matters;\n\n (10) Develops and administers the Commission's program of accessibility and accommodation for\n disabled persons in accordance with applicable regulations;\n\n (11) Represents the Commission at meeting with other public and private groups and organizations on\n matters counseling workplace diversity and equal employment opportunity and workplace diversity\n issues;\n\n (12) Maintains liaison with and solicits views of organizations within and outside the Commission on\n matters relating to equal opportunity and workplace diversity.\n\n[61 FR 2727, Jan. 29, 1996, as amended at 88 FR 21429, Apr. 10, 2023]\n\n\n WIRELINE COMPETITION BUREAU\n\n§ 0.91 Functions of the Bureau.\nThe Wireline Competition Bureau advises and makes recommendations to the Commission, or acts for the\nCommission under delegated authority, in all matters pertaining to the regulation and licensing of communications\ncommon carriers and ancillary operations (other than matters pertaining exclusively to the regulation and licensing\nof wireless telecommunications services and facilities). The Bureau will, among other things:\n\n (a) Develop and recommend policy goals, objectives, programs and plans for the Commission in rulemaking\n and adjudicatory matters concerning wireline telecommunications, drawing on relevant economic,\n technological, legislative, regulatory and judicial information and developments. Overall objectives include\n meeting the present and future wireline telecommunications needs of the Nation; fostering economic\n growth; ensuring choice, opportunity, and fairness in the development of wireline telecommunications;\n promoting economically efficient investment in wireline telecommunications infrastructure; promoting the\n development and widespread availability of wireline telecommunications services; and developing\n deregulatory initiatives where appropriate.\n\n (b) Act on requests for interpretation or waiver of rules.\n\n (c) Administer the provisions of the Communications Act requiring that the charges, practices, classifications,\n and regulations of communications common carriers providing interstate and foreign services are just\n and reasonable.\n\n\n\n47 CFR 0.91(c) (enhanced display) page 21 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.91(d)\nCommission Organization\n\n\n (d) Act on applications for service and facility authorizations, including applications from Bell operating\n companies for authority to provide in-region interLATA services and applications from wireline carriers for\n transfers of licenses and discontinuance of service.\n\n (e) Develop and administer rules and policies relating to incumbent local exchange carrier accounting.\n\n (f) Develop and administer recordkeeping and reporting requirements for telecommunications carriers,\n providers of interconnected VoIP service (as that term is defined in § 9.3 of this chapter), and providers of\n broadband services.\n\n (g) Provide federal staff support for the Federal-State Joint Board on Universal Service and the Federal-State\n Joint Board on Jurisdictional Separations.\n\n (h) Review the deployment of advanced telecommunications capability to ensure that such deployment is\n reasonable and timely, consistent with section 706 of the Act, and, where appropriate, recommend action\n to encourage such deployment.\n\n (i) Provide economic, financial, and technical analyses of telecommunications markets and carrier\n performance.\n\n (j) Act on petitions for de novo review of decisions of the Administrative Council for Terminal Attachments\n regarding technical criteria pursuant to § 68.614.\n\n (k) Interact with the public, local, state, and other governmental agencies and industry groups on wireline\n telecommunications regulation and related matters. Assist the Consumer and Governmental Affairs\n Bureau on issues involving informal consumer complaints and other general inquiries by consumers.\n\n (l) Review and coordinate orders, programs and actions initiated by other Bureaus and Offices in matters\n affecting wireline telecommunications to ensure consistency with overall Commission policy.\n\n (m) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except\n as reserved to the Commission under § 0.291.\n\n (n) Address audit findings relating to the schools and libraries support mechanism, subject to the overall\n authority of the Managing Director as the Commission's audit follow-up official.\n\n (o) Coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety,\n homeland security, national security, emergency management, disaster management, and related issues.\n\n (p) In coordination with the Office of Economics and Analytics and Wireless Telecommunications Bureau,\n serves as the Commission's principal policy and administrative staff resource with respect to the use of\n market-based mechanisms, including competitive bidding, to distribute universal service support.\n Develops, recommends and administers policies, programs, rules and procedures concerning the use of\n market-based mechanisms, including competitive bidding, to distribute universal service support.\n\n (q) Issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and issue\n orders to cease and desist such operations, in cases where the presiding officer has issued a certification\n order to the Commission that the carrier has waived its opportunity for hearing under that section.\n\n (r) Review and resolve appeals of decisions by the STIR/SHAKEN authentication framework Governance\n Authority (as those terms are defined in § 64.6300 of this chapter) in accordance with § 64.6308 of this\n chapter.\n\n\n\n\n47 CFR 0.91(r) (enhanced display) page 22 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.101\nCommission Organization\n\n\n[67 FR 13218, Mar. 21, 2002, as amended at 68 FR 13850, Mar. 21, 2003; 69 FR 55109, Sept. 13, 2004; 71 FR 69034, Nov. 29,\n2006; 76 FR 73851, Nov. 29, 2011; 78 FR 49148, Aug. 13, 2013; 83 FR 63076, Dec. 7, 2018; 85 FR 63171, Oct. 6, 2020; 86 FR\n12546, Mar. 4, 2021; 86 FR 48520, Aug. 31, 2021]\n\n\n OFFICE OF COMMUNICATIONS BUSINESS OPPORTUNITIES\n\n§ 0.101 Functions of the office.\n (a) The Office of Communications Business Opportunities (OCBO), as a staff office to the Commission,\n develops, coordinates, evaluates, and recommends to the Commission, policies, programs, and practices\n that promote participation by small entities, women, and minorities in the communications industry. A\n principal function of the Office is to lead, advise, and assist the Commission, including all of its\n component Bureau/Office managers, supervisors, and staff, at all levels, on ways to ensure that the\n competitive concerns of small entities, women, and minorities, are fully considered by the agency in\n notice and comment rulemakings. In accordance with this function, the Office:\n\n (1) Conducts independent analyses of the Commission's policies and practices to ensure that those\n policies and practices fully consider the interests of small entities, women, and minorities.\n\n (2) Advises the Commission, Bureaus, and Offices of their responsibilities under the Congressional\n Review Act provisions regarding small businesses; the Report to Congress regarding Market Entry\n Barriers for Small Telecommunications Businesses (47 U.S.C. 257); and the Telecommunications\n Development Fund (47 U.S.C. 614).\n\n (b) The Office has the following duties and responsibilities:\n\n (1) Through its director, serves as the principal small business policy advisor to the Commission;\n\n (2) Develops, implements, and evaluates programs and policies that promote participation by small\n entities, women and minorities in the communications industry;\n\n (3) Manages the Regulatory Flexibility Analysis process pursuant to the Regulatory Flexibility Act and the\n Small Business Regulatory Enforcement Fairness Act to ensure that small business interests are\n fully considered in agency actions;\n\n (4) Develops and recommends Commission-wide goals and objectives for addressing the concerns of\n small entities, women, and minorities and reports of achievement;\n\n (5) Acts as the principal channel for disseminating information regarding the Commission's activities\n and programs affecting small entities, women, and minorities;\n\n (6) Develops, recommends, coordinates, and administers objectives, plans and programs to encourage\n participation by small entities, women, and minorities in the decision-making process;\n\n (7) Promotes increased awareness within the Commission of the impact of policies on small entities,\n women, and minorities;\n\n (8) Acts as the Commission's liaison to other federal agencies on matters relating to small business.\n\n[69 FR 7376, Feb. 17, 2003]\n\n\n ENFORCEMENT BUREAU\n\n\n47 CFR 0.101(b)(8) (enhanced display) page 23 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.111\nCommission Organization\n\n\n§ 0.111 Functions of the Bureau.\n\nLink to an amendment published at 89 FR 4161, Jan. 22, 2024.\n\nLink to an amendment published at 89 FR 5104, Jan. 26, 2024.\n\n (a) Serve as the primary Commission entity responsible for enforcement of the Communications Act and\n other communications statutes, the Commission's rules, Commission orders and Commission\n authorizations, other than matters that are addressed in the context of a pending application for a license\n or other authorization or in the context of administration, including post-grant administration, of a\n licensing or other authorization or registration program.\n\n (1) Resolve complaints, including complaints filed under section 208 of the Communications Act,\n regarding acts or omissions of common carriers (wireline, wireless and international).\n\n\n Note 1 to paragraph (a)(1): The Consumer and Governmental Affairs Bureau has primary\n responsibility for addressing individual informal complaints from consumers against\n common carriers (wireline, wireless and international) and against other wireless licensees,\n and informal consumer complaints involving access to telecommunications services and\n equipment for persons with disabilities. The Office of International Affairs has primary\n responsibility for complaints regarding international settlements rules and policies.\n\n (2) Resolve complaints regarding acts or omissions of non-common carriers subject to the\n Commission's jurisdiction under Title II of the Communications Act and related provisions, including\n complaints against aggregators under section 226 of the Communications Act and against entities\n subject to the requirements of section 227 of the Communications Act.\n\n\n Note 2 to paragraph (a)(2): The Consumer and Governmental Affairs Bureau has primary\n responsibility for addressing individual informal complaints from consumers against non-\n common carriers subject to the Commission's jurisdiction under Title II of the\n Communications Act and related provisions.\n\n (3) Resolve formal complaints regarding accessibility to communications services and equipment for\n persons with disabilities, including complaints filed pursuant to sections 225 and 255 of the\n Communications Act.\n\n (4) Resolve complaints regarding radiofrequency interference and complaints regarding radiofrequency\n equipment and devices, including complaints of violations of sections 302 and 333 of the\n Communications Act.\n\n\n Note 3 to paragraph (a)(4): The Office of Engineering and Technology has shared\n responsibility for radiofrequency equipment and device complaints.\n\n (5) Resolve complaints regarding compliance with the Commission's Emergency Alert System rules.\n\n\n47 CFR 0.111(a)(5) (enhanced display) page 24 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.111(a)(6)\nCommission Organization\n\n\n (6) Resolve complaints regarding the lighting and marking of radio transmitting towers under section\n 303(q) of the Communications Act.\n\n\n Note 4 to paragraph (a)(6): The Wireless Telecommunications Bureau has responsibility for\n administration of the tower registration program.\n\n (7) Resolve complaints regarding compliance with statutory and regulatory provisions regarding\n indecent communications subject to the Commission's jurisdiction.\n\n (8) Resolve complaints regarding the broadcast and cable television children's television programming\n commercial limits contained in section 102 of the Children's Television Act.\n\n\n Note 5 to paragraph (a)(8): The Media Bureau has responsibility for enforcement of these\n limits in the broadcast television renewal context.\n\n (9) Resolve complaints regarding unauthorized construction and operation of communications facilities,\n including complaints of violations of section 301 of the Communications Act.\n\n (10) Resolve complaints regarding false distress signals under section 325(a) of the Communications\n Act.\n\n (11) Resolves other complaints against Title III licensees and permittees (Title III of the Communications\n Act of 1934, as amended), including complaints under § 20.12(e) of this chapter, except that the\n Media Bureau has primary responsibility for complaints regarding children's television programming\n requirements, and for political and related programming matters involving broadcasters, cable\n operators and other multichannel video programming distributors. The relevant licensing Bureau has\n primary responsibility for complaints involving tower siting and the Commission's environmental\n rules. The Media Bureau has primary responsibility for complaints regarding compliance with\n conditions imposed on transfers of control and assignments of licenses of Cable Television Relay\n Service authorizations.\n\n\n Note 6 to paragraph (a)(11): The Media Bureau has primary responsibility for complaints\n regarding children's television programming requirements, and for political and related\n programming matters and equal employment opportunity matters involving broadcasters,\n cable operators and other multichannel video programming distributors. The relevant\n licensing Bureau has primary responsibility for complaints involving tower sitting and the\n Commission's environmental rules. The Media Bureau has primary responsibility for\n complaints regarding compliance with conditions imposed on transfers of control and\n assignments of licenses of Cable Television Relay Service authorizations.\n\n (12) Resolve complaints regarding pole attachments filed under section 224 of the Communications Act.\n\n (13) Resolve complaints regarding multichannel video and cable television service under part 76 of this\n chapter, except that the Media Bureau has primary responsibility for complaints regarding the\n following: Subpart A (general), with the exception of § 76.11; subpart B (Registration Statements);\n subpart C (Cable Franchise Applications); subpart D (carriage of television broadcast signals);\n subpart F (nonduplication protection and syndicated exclusivity); subpart G, §§ 76.205 and 76.206\n47 CFR 0.111(a)(13) (enhanced display) page 25 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.111(a)(14)\nCommission Organization\n\n\n (political broadcasting); subpart I ([Reserved]); subpart J (ownership); subpart L (cable television\n access); subpart N, § 76.944 (basic cable rate appeals), and §§ 76.970, 76.971, and 76.977 (cable\n leased access rates); subpart O (competitive access to cable programming); subpart P (competitive\n availability of navigation devices); subpart Q (regulation of carriage agreements); subpart S (Open\n Video Systems); and subparts T, U, and V to the extent related to the matters listed in this paragraph\n (a)(13).\n\n\n Note 7 to paragraph (a)(13): The Media Bureau has primary responsibility for complaints\n regarding the following: subpart A (general), with the exception of § 76.11 of this chapter;\n subpart B (Registration Statements); subpart C (Federal-State/Local Relationships [Reserved];\n subpart D (carriage of television broadcast signals); subpart E (equal employment\n opportunity requirements); subpart F (nonduplication protection and syndicated exclusivity);\n subpart G, §§ 76.205, 76.206 and 76.209 of this chapter (political broadcasting); subpart I\n (Forms and Reports); subpart J (ownership); subpart L (cable television access); subpart N, §\n 76.944 of this chapter (basic cable rate appeals), and §§ 76.970, 76.971 and 76.977 of this\n chapter (cable leased access rates); subpart O (competitive access to cable programming);\n subpart P (competitive availability of navigation devices); subpart Q (regulation of carriage\n agreements); subpart S (Open Video Systems); and subparts T, U and V to the extent related\n to the matters listed in this note.\n\n (14) Resolve universal service suspension and debarment proceedings pursuant to § 54.521 of this\n chapter.\n\n (15) Upon referral from the General Counsel pursuant to § 0.251(g), impose sanctions for violations of the\n Commission's ex parte rules including, but not limited to, the imposition of monetary forfeitures,\n consistent with § 0.311.\n\n (16) Resolve complaints regarding other matters assigned to it by the Commission, matters that do not\n fall within the responsibility of another Bureau or Office or matters that are determined by mutual\n agreement with another Bureau or Office to be appropriately handled by the Enforcement Bureau.\n\n (17) Identify and analyze complaint information, conduct investigations, conduct external audits and\n collect information, including pursuant to sections 218, 220, 308(b), 403 and 409(e) through (k) of\n the Communications Act, in connection with complaints, on its own initiative or upon request of\n another Bureau or Office.\n\n (18) Issue or draft orders taking or recommending appropriate action in response to complaints or\n investigations, including, but not limited to, admonishments, damage awards where authorized by\n law or other affirmative relief, notices of violation, notices of apparent liability and related orders,\n notices of opportunity for hearing regarding a potential forfeiture, hearing designation orders, orders\n designating licenses or other authorizations for a revocation hearing and consent decrees. Issue or\n draft appropriate orders after a hearing proceeding has been terminated by the presiding officer on\n the basis of waiver. Issue or draft appropriate interlocutory orders and take or recommend\n appropriate action in the exercise of its responsibilities.\n\n (19) Encourage cooperative compliance efforts.\n\n (20) Mediate and settle disputes.\n\n47 CFR 0.111(a)(20) (enhanced display) page 26 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.111(a)(21)\nCommission Organization\n\n\n (21) Provide information regarding pending complaints, compliance with relevant requirements and the\n complaint process, where appropriate and to the extent the information is not available from the\n Consumer and Governmental Affairs Bureau or other Bureaus and Offices.\n\n (22) Exercise responsibility for rulemaking proceedings regarding general enforcement policies and\n procedures.\n\n (23) Advise the Commission or responsible Bureau or Office regarding the enforcement implications of\n existing and proposed rules.\n\n (24) Serve as the primary point of contact for coordinating enforcement matters, including market and\n consumer enforcement matters, with other federal, state and local government agencies, as well as\n with foreign governments after appropriate consultation, and provide assistance to such entities.\n Refer matters to such entities, as well as to private sector entities, as appropriate.\n\n (25) Resolve complaints alleging violations of the open Internet rules.\n\n (26) Conduct audits and investigations and resolve issues of compliance concerning equal employment\n opportunity requirements involving Title III licensees and permittees or multichannel video\n programming distributors, including cable service providers, under part 76 of this chapter.\n\n (27) Identify suspected illegal calls and provide written notice to voice service providers. The\n Enforcement Bureau shall:\n\n (i) Identify with as much particularity as possible the suspected traffic;\n\n (ii) Cite the statutory or regulatory provisions the suspected traffic appears to violate;\n\n (iii) Provide the basis for the Enforcement Bureau's reasonable belief that the identified traffic is\n unlawful, including any relevant nonconfidential evidence from credible sources such as the\n industry traceback consortium or law enforcement agencies; and\n\n (iv) Direct the voice service provider receiving the notice that it must comply with § 64.1200(n)(2) of\n this chapter.\n\n (28) Take enforcement action, including de-listing from the Robocall Mitigation Database, against any\n provider:\n\n (i) Whose certification required by § 64.6305 of this chapter is deficient after giving that provider\n notice and an opportunity to cure the deficiency; or\n\n (ii) Who accepts calls directly from a provider not listed in the Robocall Mitigation Database in\n violation of § 64.6305(g) of this chapter.\n\n (29) Take enforcement action, including revoking an existing section 214 authorization, license, or\n instrument for any entity that has repeatedly violated § 64.6301, § 64.6302, or § 64.6305 of this\n chapter. The Commission or the Enforcement Bureau under delegated authority will provide prior\n notice of its intent to revoke an existing license or instrument of authorization and follow applicable\n revocation procedures, including providing the authorization holder with a written opportunity to\n demonstrate why revocation is not warranted.\n\n (b) Serve as a party in hearing proceedings conducted pursuant to 47 CFR part 1, subpart B.\n\n\n\n\n47 CFR 0.111(b) (enhanced display) page 27 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.111(c)\nCommission Organization\n\n\n (c) In coordination with the Office of International Affairs, participate in international conferences dealing with\n monitoring and measurement; serve as the point of contact for the U.S. Government in matters of\n international monitoring, fixed and mobile direction-finding and interference resolution; and oversee\n coordination of non-routine communications and materials between the Commission and international or\n regional public organizations or foreign administrations.\n\n (d) In conjunction with the Office of Engineering and Technology, work with technical standards bodies.\n\n (e) Coordinate with and assist the Wireless Telecommunications Bureau with respect to the Commission's\n privatized ship radio inspection program.\n\n (f) Provide field support for, and field representation of, the Bureau, other Bureaus and Offices and the\n Commission. Coordinate with other Bureaus and Offices as appropriate.\n\n (g) Handle congressional and other correspondence relating to or requesting specific enforcement actions,\n specific complaints or other specific matters within the responsibility of the Bureau, to the extent not\n otherwise handled by the Consumer and Governmental Affairs Bureau, the Office of General Counsel\n (impermissible ex parte presentations) or another Bureau or Office;\n\n (h) Have authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and\n the production of books, papers, correspondence, memoranda, schedules of charges, contracts,\n agreements, and any other records deemed relevant to the investigation of matters within the\n responsibility of the Bureau. Before issuing a subpoena, the Enforcement Bureau shall obtain the approval\n of the Office of General Counsel.\n\n (i) Conduct the annual registration and select a single consortium to conduct private-led efforts to trace back\n the origin of suspected unlawful robocalls, under section 13(d) of the TRACED Act, 133 Stat. at 3287, and\n § 64.1203 of this chapter, consistent with FCC No. 20–34.\n\n (j) Collects and reviews information received from private entities related to violations of §§ 64.1200(a) and\n 64.1604(a) of this chapter.\n\n (k) Perform such other functions as may be assigned or referred to it by the Commission.\n\n[64 FR 60716, Nov. 8, 1999, as amended at 67 FR 13218, Mar. 21, 2002; 68 FR 36942, June 20, 2003; 69 FR 30233, May 27, 2004;\n71 FR 69034, Nov. 29, 2006; 76 FR 24381, May 2, 2011; 76 FR 26220, May 6, 2011; 76 FR 59232, Sept. 23, 2011; 76 FR 60754,\nSept. 30, 2011; 78 FR 23151, Apr. 18, 2013; 80 FR 53749, Sept. 8, 2015; 84 FR 9465, Mar. 15, 2019; 85 FR 21788, Apr. 20, 2020; 85\nFR 63171, Oct. 6, 2020; 86 FR 17734, Apr. 6, 2021; 86 FR 52843, Sept. 23, 2021; 87 FR 42944, July 18, 2022; 88 FR 21429, Apr. 10,\n2023; 88 FR 40116, June 21, 2023; 88 FR 43458, July 10, 2023]\n\n\n§ 0.121 Location of field installations.\n (a) Field offices are located throughout the United States. For the address and phone number of the closest\n office contact the Enforcement Bureau or see the U.S. Government Manual.\n\n (b) Protected field offices are located at the following geographical coordinates (coordinates are referenced\n to North American Datum 1983 (NAD83)):\n\nAllegan, Michigan, 42°36′20.1″ N. Latitude, 85°57′20.1″ W. Longitude\n\nBelfast, Maine, 44°26′42.3″ N. Latitude, 69°04′56.1″ W. Longitude\n\nCanandaigua, New York, 42°54′48.2″ N. Latitude, 77°15′57.9″ W. Longitude\n\n47 CFR 0.121(b) (enhanced display) page 28 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.131\nCommission Organization\n\n\nDouglas, Arizona, 31°30′02.3″ N. Latitude, 109°39′14.3″ W. Longitude\n\nFerndale, Washington, 48°57′20.4″ N. Latitude, 122°33′17.6″ W. Longitude\n\nGrand Island, Nebraska, 40°55′21.0″ N. Latitude, 98°25′43.2″ W. Longitude\n\nKenai, Alaska, 60°43′26.0″ N. Latitude, 151°20′15.0″ W. Longitude\n\nKingsville, Texas, 27°26′30.1″ N. Latitude, 97°53′01.0″ W. Longitude\n\nLaurel, Maryland, 39°09′54.4″ N. Latitude, 76°49′15.9″ W. Longitude\n\nLivermore, California, 37°43′29.7″ N. Latitude, 121°45′15.8″ W. Longitude\n\nPowder Springs, Georgia, 33°51′44.4″ N. Latitude, 84°43′25.8″ W. Longitude\n\nSanta Isabel, Puerto Rico, 18°00′18.9″ N. Latitude, 66°22′30.6″ W. Longitude\n\nVero Beach, Florida, 27°36′22.1″ N. Latitude, 80°38′05.2″ W. Longitude\n\nWaipahu, Hawaii, 21°22′33.6″ N. Latitude, 157°59′44.1″ W. Longitude\n\n[53 FR 29054, Aug. 2, 1988, as amended at 61 FR 8477, Mar. 5, 1996; 63 FR 68918, Dec. 14, 1998; 64 FR 60718, Nov. 8, 1999; 67\nFR 13219, Mar. 21, 2002; 69 FR 58097, Sept. 29, 2004]\n\n\n WIRELESS TELECOMMUNICATIONS BUREAU\n\n§ 0.131 Functions of the Bureau.\nThe Wireless Telecommunications Bureau develops, recommends and administers the programs and policies for\nthe regulation of the terms and conditions under which communications entities offer domestic wireless\ntelecommunications services and of ancillary operations related to the provision of such services (satellite\ncommunications excluded). These functions include all wireless telecommunications service providers' and\nlicensees' activities. The Bureau also performs the following specific functions:\n\n (a) Advises and makes recommendations to the Commission, or acts for the Commission under delegated\n authority, in all matters pertaining to the licensing and regulation of wireless telecommunications,\n including ancillary operations related to the provision or use of such services; any matters concerning\n wireless carriers that also affect wireline carriers in cooperation with the Wireline Competition Bureau;\n and, in cooperation with the Office of Economics and Analytics, all policies, programs, and rules regarding\n spectrum auctions, and, in cooperation with the Wireline Competition Bureau and the Office of Economics\n and Analytics, USF mechanisms affecting wireless carriers. These activities include: Policy development\n and coordination; conducting rulemaking and adjudicatory proceedings, including licensing and complaint\n proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of\n rules; acting on applications for service and facility authorizations; compliance and enforcement activities\n\n\n\n\n47 CFR 0.131(a) (enhanced display) page 29 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.131(b)\nCommission Organization\n\n\n for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of\n existing, planned or recommended Commission activities concerning wireless telecommunications, and\n developing and recommending resource deployment priorities.\n\n (b) Develops and recommends policy goals, objectives, programs and plans for the Commission on matters\n concerning wireless telecommunications, drawing upon relevant economic, technological, legislative,\n regulatory and judicial information and developments. Such matters include meeting the present and\n future wireless telecommunications needs of the Nation; fostering economic growth by promoting\n efficiency and innovation in the allocation, licensing and use of the electromagnetic spectrum; ensuring\n choice, opportunity and fairness in the development of wireless telecommunications services and\n markets; promoting economically efficient investment in wireless telecommunications infrastructure and\n the integration of wireless communications networks into the public telecommunications network;\n enabling access to national communications services; promoting the development and widespread\n availability of wireless telecommunications services. Reviews and coordinates orders, programs and\n actions initiated by other Bureaus and Offices in matters affecting wireless telecommunications to ensure\n consistency of overall Commission policy.\n\n (c) Serves as a staff resource, in coordination with the Office of Economics and Analytics with regard to the\n development and implementation of spectrum policy through spectrum auctions. Jointly with the Office\n of Economics and Analytics, develops, recommends and administers policies, programs and rules\n concerning licensing of spectrum for wireless telecommunications through auctions and advises the\n Commission on policy, engineering, and technical matters relating to auctions of spectrum used for other\n purposes.\n\n (d) Regulates the charges, practices, classifications, terms and conditions for, and facilities used to provide,\n wireless telecommunications services. Develops and recommends consistent, integrated policies,\n programs and rules for the regulation of commercial mobile radio services and private mobile radio\n services.\n\n (e) Develops and recommends policy, rules, standards, procedures and forms for the authorization and\n regulation of wireless telecommunications facilities and services, including all facility authorization\n applications involving domestic terrestrial transmission facilities. Coordinates with and assists the Space\n Bureau regarding frequency assignment, coordination and interference matters.\n\n (f) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals\n concerning or affecting wireless telecommunications.\n\n (g) Develops and recommends policies regarding matters affecting the collaboration and coordination of\n relations among Federal agencies, and between the Federal government and the states, concerning\n wireless telecommunications issues. Maintains liaison with Federal and state government bodies\n concerning such issues.\n\n (h) Develops and recommends policies, programs and rules to ensure interference-free operation of wireless\n telecommunications equipment and networks. Coordinates with and assists other Bureaus and Offices,\n as appropriate, concerning spectrum management, planning, and interference matters and issues, and in\n compliance and enforcement activities. Studies technical requirements for equipment for wireless\n telecommunications services in accordance with standards established by the Chief, Office of\n Engineering and Technology.\n\n (i) Advises and assists consumers, businesses and other government agencies on wireless\n telecommunications issues and matters related thereto. Also assists the Consumer and Governmental\n Affairs Bureau with informal consumer complaints and other general inquiries by consumers.\n47 CFR 0.131(i) (enhanced display) page 30 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.131(j)\nCommission Organization\n\n\n (j) Administers the Commission's commercial radio operator program (part 13 of this chapter); the\n Commission's program for registration, construction, marking and lighting of antenna structures (part 17\n of this chapter), and the Commission's privatized ship radio inspection program (part 80 of this chapter).\n\n (k) Coordinates with and assists the Office of International Affairs with respect to treaty activities and\n international conferences concerning wireless telecommunications and standards.\n\n (l) Exercises such authority as may be assigned, delegated or referred to it by the Commission.\n\n (m) Certifies frequency coordinators; considers petitions seeking review of coordinator actions; and engages\n in oversight of coordinator actions and practices.\n\n (n) Administers the Commission's amateur radio programs (part 97 of this chapter) and the issuing of\n maritime mobile service identities (MMSIs).\n\n (o) Exercises authority to issue non-hearing related subpoenas for the attendance and testimony of\n witnesses and the production of books, papers, correspondence, memoranda, schedules of charges,\n contracts, agreements, and any other records deemed relevant to the investigation of wireless\n telecommunications operators for any alleged violation or violations of the Communications Act of 1934,\n as amended, or the Commission's rules and orders. Before issuing a subpoena, the Wireless\n Telecommunications Bureau shall obtain the approval of the Office of General Counsel.\n\n (p) Certifies, in the name of the Commission, volunteer entities to coordinate maintain and disseminate a\n common data base of amateur station special event call signs, and issues Public Notices detailing the\n procedures of amateur service call sign systems.\n\n (q) Coordinates with the Public Safety and Homeland Security Bureau on all matters affecting public safety,\n homeland security, national security, emergency management, disaster management, and related issues.\n\n (r) In coordination with the Wireline Competition Bureau and the Office of Economics and Analytics, develops\n and recommends policies, programs, rules and procedures concerning the use of market-based\n mechanisms, including competitive bidding, to distribute universal service support.\n\n (s)\n\n (1) Extends the Communications Act Safety Radiotelephony Certificate for a period of up to 90 days\n beyond the specified expiration date.\n\n (2) Grants emergency exemption requests, extensions or waivers of inspection to ships in accordance\n with applicable provisions of the Communications Act, the Safety Convention, or the Commission's\n rules.\n\n[60 FR 35505, July 10, 1995, as amended at 61 FR 4361, Feb. 6, 1996; 62 FR 17567, Apr. 10, 1997; 64 FR 60718, Nov. 8, 1999; 65\nFR 375, Jan. 5, 2000; 67 FR 13219, Mar. 21, 2002; 69 FR 24997, May 5, 2004; 71 FR 69035, Nov. 29, 2006; 76 FR 73851, Nov. 29,\n2011; 78 FR 23151, Apr. 18, 2013; 78 FR 32165, May 29, 2013; 83 FR 63076, Dec. 7, 2018; 85 FR 34526, June 5, 2020; 88 FR\n21429, Apr. 10, 2023; 88 FR 77219, Nov. 9, 2023]\n\n\n CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU\n\n\n\n\n47 CFR 0.131(s)(2) (enhanced display) page 31 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.141\nCommission Organization\n\n\n§ 0.141 Functions of the Bureau.\nThe Consumer and Governmental Affairs Bureau develops and administers the Commission's consumer and\ngovernmental affairs policies and initiatives to enhance the public's understanding of the Commission's work and to\nfacilitate the Agency's relationships with other governmental agencies and organizations. The Bureau is responsible\nfor rulemaking proceedings regarding general consumer education policies and procedures and serves as the\nprimary Commission entity responsible for communicating with the general public regarding Commission policies,\nprograms, and activities in order to facilitate public participation in the Commission's decision-making processes.\nThe Bureau also serves as the primary Commission entity responsible for administering the Affordable Connectivity\nOutreach Grant Program for outreach, in coordination with the Office of the Managing Director, Office of the General\nCounsel, Wireline Competition Bureau, and Office of Economics and Analytics. The Bureau also performs the\nfollowing functions:\n\n (a) Advises and makes recommendations to the Commission, or acts for the Commission under delegated\n authority, in matters pertaining to consumers and governmental affairs. This includes policy development\n and coordination as well as adjudication and rulemaking.\n\n (b) Collaborates with, and advises and assists, the public, state and local governments, and other\n governmental agencies and industry groups on consumer matters.\n\n (c) Advises the Commission and other Bureaus and Offices of consumer and governmental affairs-related\n areas of concern or interest; initiates, reviews, and coordinates orders, programs and actions, in\n conjunction with other Bureaus and Offices, in matters regarding consumer education policies and\n procedures, and any other related issues affecting consumer policy; represents the Commission on\n consumer and governmental-related committees, working groups, task forces and conferences within and\n outside the Commission; and provides expert advice and assistance to Bureaus and Offices and\n consumers regarding compliance with applicable disability and accessibility requirements, rules, and\n regulations.\n\n (d) Collects and analyzes information from industry, other Bureaus and Offices, and the media, as well as\n information received in the Bureau from informal consumer inquiries and complaints, rulemakings, and\n consumer forums; identifies trends that affect consumers; in consultation with the Office of the Managing\n Director, provides objectives and evaluation methods for the public information portion of the\n Commission's Government Performance and Results Act submissions and other Commission-wide\n strategic planning efforts.\n\n (e) Researches, develops, and distributes materials to inform consumers about the Commission's rules,\n proposals, and events, and to promote consumer participation in Commission rulemakings and activities;\n maintains the Commission's Consumer Information Directory; develops a library of commonly requested\n materials on issues of interest to all consumers. Ensures that alternative translations of Commission\n materials are available to Commission employees, Bureaus, Offices, and members of the public.\n\n (f) Advises and makes recommendations to the Commission, or acts for the Commission under delegated\n authority, in matters pertaining to persons with disabilities. Provides expert advice and assistance, as\n required, to other Bureaus and Offices, consumers, industry, and others on issues relevant to persons with\n disabilities. Initiates rulemakings, where appropriate; reviews relevant agenda items and other documents\n and coordinates with Bureaus and Offices to develop recommendations and propose policies to ensure\n that communications are accessible to persons with disabilities, in conformance with existing disability\n laws and policies, and that they support the Commission's goal of increasing accessibility of\n communications services and technologies for persons with disabilities.\n\n47 CFR 0.141(f) (enhanced display) page 32 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.141(g)\nCommission Organization\n\n\n (g) Plans, develops, and conducts consumer outreach and education initiatives to educate the public about\n important Commission regulatory programs. In coordination with other Bureaus and Offices, establishes\n liaison(s) for information sharing purposes to ensure coordination on all consumer outreach projects.\n Ensures that alternative translations of Commission materials are available to Commission employees,\n Bureaus, Offices and members of the public.\n\n (h) Periodically reviews the status of open docketed proceedings, and following:\n\n (1) Consultation with and concurrence from the relevant bureau or office with responsibility for a\n particular proceeding,\n\n (2) The issuance of a public notice listing proceedings under consideration for termination, and,\n\n (3) A reasonable period during which interested parties may comment, closes any docket in which no\n further action is required or contemplated (with termination constituting a final determination in any\n such proceeding).\n\n (i) Provides informal mediation and resolution of individual informal consumer inquiries and complaints\n consistent with Commission regulations. Resolves certain classes of informal complaints, as specified by\n the Commission, through findings of fact and issuance of orders. Receives, reviews, and analyzes\n responses to informal complaints; maintains manual and computerized files that permit the public\n inspection of informal consumer complaints; mediates and attempts to settle unresolved disputes in\n informal complaints as appropriate; and coordinates with other Bureaus and Offices to ensure that\n consumers are provided with accurate, up-to-date information. Develops and fosters partnerships with\n state regulatory entities to promote the sharing of information pertaining to informal complaint files\n maintained by the Bureau.\n\n (j) Provides leadership to other Bureaus and Offices for dissemination of consumer information via the\n Internet.\n\n (k) In coordination with other Bureaus and Offices, handles Congressional and other correspondence related\n to specific informal consumer complaints, or other specific matters within the responsibility of the\n Bureau, to the extent not otherwise handled by the Office of General Counsel or other Bureaus or Offices.\n Responds to and/or coordinates due diligence and other requests for information pertaining to informal\n inquiries and complaints under the responsibility of the Bureau with other Bureaus and Offices.\n\n (l) Advises and makes recommendations to the Commission, or acts for the Commission under delegated\n authority, to develop, administer, and manage the Affordable Connectivity Outreach Grant Program. This\n includes coordinating with the Office of the Managing Director (OMD) on interagency agreements with\n other Federal agencies as may be necessary to develop, administer, and manage the Affordable\n Connectivity Outreach Grant Program, including, developing, administering, and issuing Notices of\n Funding Opportunity for and making grant awards or entering into cooperative agreements for the\n Affordable Connectivity Outreach Grant Program. This also includes, with the concurrence of the General\n Counsel, interpreting rules and regulations pertaining to the Affordable Connectivity Outreach Grant\n Program.\n\n[67 FR 13219, Mar. 21, 2002, as amended at 76 FR 24388, May 2, 2011; 87 FR 54328, Sept. 6, 2022; 88 FR 21429, Apr. 10, 2023]\n\n\n OFFICE OF ADMINISTRATIVE LAW JUDGES\n\n\n\n47 CFR 0.141(l) (enhanced display) page 33 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.151\nCommission Organization\n\n\n§ 0.151 Functions of the Office.\nThe Office of Administrative Law Judges consists of as many Administrative Law Judges qualified and appointed\npursuant to the requirements of 5 U.S.C. 3105 as the Commission may find necessary. It is responsible for hearing\nand conducting adjudicatory cases designated for hearing other than those designated to be heard by the\nCommission en banc, or by one or more commissioners. The Office of Administrative Law Judges is also\nresponsible for conducting such other hearing proceedings as the Commission may assign.\n\n[85 FR 63171, Oct. 6, 2020]\n\n\n HOMELAND SECURITY, DEFENSE AND EMERGENCY PREPAREDNESS FUNCTIONS\n\n§ 0.181 The Defense Commissioner.\nThe Defense Commissioner is designated by the Commission. The Defense Commissioner directs the homeland\nsecurity, national security and emergency preparedness, and defense activities of the Commission and has the\nfollowing duties and responsibilities:\n\n (a) To keep the Commission informed as to significant developments in the field of homeland security,\n emergency preparedness, defense, and any related activities that involve formulation or revision of\n Commission policy in any area of responsibility of the Commission.\n\n (b) To represent the Commission in public safety, homeland security, national security, emergency\n preparedness, disaster management, defense and related matters requiring conferences or\n communications with other governmental officers, departments, or agencies.\n\n (c) To act as the Homeland Security and Defense Coordinator in representations with other agencies with\n respect to planning for the continuity of the essential functions of the Commission under emergency\n conditions.\n\n (d) To serve as a member of the Joint Telecommunications Resources Board (JTRB).\n\n (e) To serve as the principal point of contact for the Commission on all matters pertaining to the Department\n of Homeland Security.\n\n (f) To take such measures as will assure continuity of the Commission's functions under any foreseeable\n circumstances with a minimum of interruption. In the event of an emergency, the Defense Commissioner,\n in consultation with the Chief, Public Safety and Homeland Security Bureau, will decide whether to\n activate the Commission's Continuity of Operations (COOP) plan and/or initiate the Commission's\n emergency response procedures.\n\n (g) In the event of enemy attack, or the imminent threat thereof, or other disaster resulting in the inability of\n the Commission to function at its offices in Washington, DC, to assume all of the duties and\n responsibilities of the Commission and the Chairperson, until relieved or augmented by other\n Commissioners or members of the staff, as set forth in §§ 0.186 and 0.383.\n\n (h) To approve national emergency plans and develop preparedness programs covering: provision of service\n by common carriers; broadcasting and cable facilities, satellite and the wireless radio services; radio\n frequency assignment; electromagnetic radiation; investigation and enforcement.\n\n\n\n\n47 CFR 0.181(h) (enhanced display) page 34 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.181(i)\nCommission Organization\n\n\n (i) To perform such other duties and assume such other responsibilities related to the Commission's defense\n activities as may be necessary for the continuity of functions and the protection of Commission\n personnel and property.\n\n (j) The Commission may designate an Alternate Defense Commissioner who is authorized to perform the\n functions of the Defense Commissioner if he or she is not available.\n\n[29 FR 14664, Oct. 28, 1964, as amended at 41 FR 31209, July 27, 1976; 64 FR 60720, Nov. 8, 1999; 69 FR 32033, May 27, 2004;\n71 FR 69035, Nov. 29, 2006; 72 FR 48842, Aug. 24, 2007; 77 FR 62462, Oct. 15, 2012; 88 FR 21429, Apr. 10, 2023]\n\n\n§ 0.185 Responsibilities of the bureaus and staff offices.\nThe head of each of the bureaus and staff offices, in rendering assistance to the Chief, Public Safety and Homeland\nSecurity Bureau in the performance of that person's duties with respect to homeland security, national security,\nemergency management and preparedness, disaster management, defense, and related activities will have the\nfollowing duties and responsibilities:\n\n (a) To keep the Chief, Public Safety and Homeland Security Bureau informed of the investigation, progress,\n and completion of programs, plans, or activities with respect to homeland security, national security and\n emergency preparedness, and defense in which they are engaged or have been requested to engage.\n\n (b) To render assistance and advice to the Chief, Public Safety and Homeland Security Bureau, on matters\n which relate to the functions of their respective bureaus or staff offices.\n\n (c) To render such assistance and advice to other agencies as may be consistent with the functions of their\n respective bureaus or staff offices and the Commission's policy with respect thereto.\n\n (d) To perform such other duties related to the Commission's homeland security, national security, emergency\n management and preparedness, disaster management, defense, and related activities as may be\n assigned to them by the Commission.\n\n (e) To serve as Public Safety/Homeland Security Liaison to the Public Safety and Homeland Security Bureau\n or designate a Deputy Chief of the Bureau or Office as such liaison.\n\n[29 FR 14665, Oct. 28, 1964, as amended at 50 FR 27953, July 9, 1985; 59 FR 26971, May 25, 1994; 61 FR 8477, Mar. 5, 1996; 64\nFR 60721, Nov. 8, 1999; 69 FR 30234, May 27, 2004; 71 FR 69035, Nov. 29, 2006]\n\n\n§ 0.186 Emergency Relocation Board.\n (a) As specified in the Commission's Continuity of Operations Plan and consistent with the exercise of the\n War Emergency Powers of the President as set forth in section 706 of the Communications Act of 1934,\n as amended, if the full Commission or a quorum thereof is unable to act, an Emergency Relocation Board\n will be convened at the Commission's Headquarters or other relocation site designated to serve as\n Primary FCC Staff to perform the functions of the Commission. Relocation may be required to\n accommodate a variety of emergency scenarios. Examples include scenarios in which FCC headquarters\n is unavailable or uninhabitable; or many, if not all, agencies must evacuate the immediate Washington, DC,\n area. The FCC's Continuity of Operations Plan (COOP) includes the deliberate and pre-planned movement\n of selected key principals and supporting staff to a relocation facility. As an example, a sudden\n emergency, such as a fire or hazardous materials incident, may require the evacuation of FCC\n headquarters with little or no advance notice, but for only a short duration. Alternatively, an emergency so\n severe that FCC headquarters is rendered unusable and likely will be for a period long enough to\n\n47 CFR 0.186(a) (enhanced display) page 35 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.186(b)\nCommission Organization\n\n\n significantly impact normal operations, may require COOP implementation. Nothing in this subsection\n shall be construed to diminish the authority of the Commission or its staff to perform functions of the\n Commission at the Commission's headquarters or other relocation site using existing authority provided\n for elsewhere in this Chapter.\n\n (b) The Board shall comprise such Commissioners as may be present (including Commissioners available\n through electronic communications or telephone) and able to act. In the absence of the Chairperson, the\n Commissioner present with the longest seniority in office will serve as acting Chairperson. If no\n Commissioner is present and able to act, the person designated as next most senior official in the\n Commission's Continuity of Operations Plan will head the Board.\n\n[69 FR 30234, May 27, 2004, as amended at 88 FR 21429, Apr. 10, 2023]\n\n\n PUBLIC SAFETY AND HOMELAND SECURITY BUREAU\n\n§ 0.191 Functions of the Bureau.\nThe Public Safety and Homeland Security Bureau advises and makes recommendations to the Commission, or acts\nfor the Commission under delegated authority, in all matters pertaining to public safety, homeland security, national\nsecurity, emergency management and preparedness, disaster management, and ancillary operations. The Bureau\nhas responsibility for coordinating public safety, homeland security, national security, emergency management and\npreparedness, disaster management, and related activities within the Commission. The Bureau also performs the\nfollowing functions.\n\n (a) Develops, recommends, and administers policy goals, objectives, rules, regulations, programs and plans\n for the Commission to promote effective and reliable communications for public safety, homeland\n security, national security, emergency management and preparedness, disaster management and related\n activities, including public safety communications (including 911, enhanced 911, and other emergency\n number issues), priority emergency communications, alert and warning systems (including the\n Emergency Alert System), continuity of government operations, implementation of Homeland Security\n Presidential Directives and Orders, disaster management coordination and outreach, communications\n infrastructure protection, reliability, operability and interoperability of networks and communications\n systems, the Communications Assistance for Law Enforcement Act (CALEA), and network security.\n Recommends policies and procedures for public safety, homeland security, national security, emergency\n management and preparedness, and recommends national emergency plans and preparedness programs\n covering Commission functions during national emergency conditions. Conducts outreach and\n coordination activities with, among others, state and local governmental agencies, hospitals and other\n emergency health care providers, and public safety organizations. Recommends national emergency\n plans, policies, and preparedness programs covering the provision of service by communications service\n providers, including telecommunications service providers, information service providers, common\n carriers, and non-common carriers; broadcasting and cable facilities; satellite and wireless radio services;\n radio frequency assignment; electro-magnetic radiation; investigation and enforcement.\n\n (b) Under the general direction of the Defense Commissioner, coordinates the public safety, homeland\n security, national security, emergency management and preparedness, disaster management, and related\n activities of the Commission, including national security and emergency preparedness and defense\n mobilization, Continuity of Government (COG) planning, alert and warning systems (including the\n Emergency Alert System), and other functions as may be delegated during a national emergency or\n activation of the President's war emergency powers as specified in section 706 of the Communications\n\n47 CFR 0.191(b) (enhanced display) page 36 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.191(c)\nCommission Organization\n\n\n Act. Provides support to the Defense Commissioner, including with respect to his or her participation in\n the Joint Telecommunications Resources Board, and the National Security Telecommunications Advisory\n Committee and other public safety and homeland security organizations and committees. Represents the\n Defense Commissioner with other Government agencies and organizations, the communications industry,\n and Commission licensees on public safety, homeland security, national security, emergency\n management and preparedness, disaster management, and related issues. Keeps the Defense\n Commissioner informed as to significant developments in the fields of public safety, homeland security,\n national security, emergency management, and disaster management activities, and related areas.\n\n (c) Develops and administers rules, regulations, and policies for priority emergency communications,\n including the Telecommunications Service Priority System. Supports the Chiefs of the Wireline\n Competition, International and Wireless Telecommunications Bureaus on matters involving assignment of\n Telecommunications Service Priority System priorities and in administration of that system.\n\n (d) The Chief, Public Safety and Homeland Security Bureau, or that person's designee, acts as FCC Alternate\n Homeland Security and Defense Coordinator and principal to the National Communications System, and\n the Chief, Public Safety and Homeland Security Bureau, or that person's designee, shall serve as the\n Commission's representative on National Communications Systems Committees.\n\n (e) Conducts rulemaking proceedings and acts on requests for interpretation or waiver of rules.\n\n (f) Advises and makes recommendations to the Commission, or acts for the Commission under delegated\n authority, in all matters pertaining to the licensing and regulation of public safety, homeland security,\n national security, emergency management and preparedness, and disaster management wireless\n telecommunications, including ancillary operations related to the provision or use of such services. These\n activities include: policy development and coordination; conducting rulemaking and adjudicatory\n proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement\n Bureau; acting on waivers of rules; acting on applications for service and facility authorizations;\n compliance and enforcement activities for matters not within the responsibility of the Enforcement\n Bureau; determining resource impacts of existing, planned or recommended Commission activities\n concerning wireless telecommunications, and developing and recommending resource deployment\n priorities. In addition, advises and assists public safety entities on wireless telecommunications issues\n and matters related thereto. Administers all authority previously delegated to the Wireless\n Telecommunications Bureau (including those delegations expressly provided to the Public Safety and\n Critical Infrastructure Division of the Wireless Telecommunications Bureau) in Improving Public Safety\n Communications in the 800 MHz Band, WT Docket 02–55.\n\n (g) Conducts studies of public safety, homeland security, national security, emergency management and\n preparedness, disaster management, and related issues. Develops and administers recordkeeping and\n reporting requirements for communications companies pertaining to these issues. Administers any\n Commission information collection requirements pertaining to public safety, homeland security, national\n security, emergency management and preparedness, disaster management, and related issues, including\n the communications disruption reporting requirements set forth in part 4 of this chapter and revision of\n the filing system and template used for the submission of those communications disruption reports.\n\n (h) Interacts with the public, local, state, and other governmental agencies and industry groups (including\n advisory committees and public safety organizations and associations) on public safety, homeland\n security, national security, emergency management, disaster management and related issues. As\n requested, represents the Commission at meetings and conferences. Serves as the point of contact for\n\n\n\n47 CFR 0.191(h) (enhanced display) page 37 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.191(i)\nCommission Organization\n\n\n the U.S. Government in matters of international monitoring, fixed and mobile direction-finding and\n interference resolution; and oversees coordination of non-routine communications and materials between\n the Commission and international or regional public organizations or foreign administrations.\n\n (i) Maintains and operates the Commission's public safety, homeland security, national security, emergency\n management and preparedness, and disaster management facilities and operations, including the\n Communications Center, the establishment of any Emergency Operations Center (EOC), and any liaison\n activities with other federal, state, or local government organizations.\n\n (j) Reviews and coordinates orders, programs and actions initiated by other Bureaus and Offices in matters\n affecting public safety, homeland security, national security, emergency management and preparedness,\n disaster management and related issues to ensure consistency with overall Commission policy. Provides\n advice to the Commission and other Bureaus and offices regarding the public safety, homeland security,\n national security, emergency management, and disaster management implications of existing and\n proposed rules.\n\n (k) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals\n concerning or affecting public safety, homeland security, national security, emergency management,\n disaster management and related issues. Responses to judicial inquiries should be developed with and\n recommended to the Office of General Counsel.\n\n (l) Develops and maintains the Commission's plans and procedures, including the oversight, preparation, and\n training of Commission personnel, for Continuity of Operations (COOP), Continuity of Government\n functions, and Commission activities and responses to national emergencies and other similar situations.\n\n (m) Acts on emergency requests for Special Temporary Authority during non-business hours when the other\n Offices and Bureaus of the Commission are closed. Such actions shall be coordinated with, if possible,\n and promptly reported to the responsible Bureau or Office.\n\n (n) Maintains liaison with other Bureaus and Offices concerning matters affecting public safety, homeland\n security, national security, emergency management and preparedness, disaster management and related\n issues.\n\n (o) [Reserved]\n\n (p) Performs such other functions and duties as may be assigned or referred to it by the Commission or the\n Defense Commissioner.\n\n (q) Oversees the Emergency Response Interoperability Center, establishes the intergovernmental advisory\n committees described under § 0.192(b), and administers the agency's responsibilities in connection with\n such committees.\n\n[71 FR 69035, Nov. 29, 2006, as amended at 73 FR 9463, Feb. 21, 2008; 75 FR 28207, May 20, 2010; 75 FR 78169, Dec. 15, 2010]\n\n\n§ 0.192 Emergency Response Interoperability Center.\n (a) The Emergency Response Interoperability Center acts under the general direction of the Chief of the\n Public Safety and Homeland Security Bureau to develop, recommend, and administer policy goals,\n objectives, rules, regulations, programs, and plans for the Commission in matters pertaining to the\n implementation of national interoperability standards and the development of technical and operational\n requirements and procedures for the 700 MHz public safety broadband wireless network and other public\n safety communications systems. These requirements and procedures may involve such issues as\n\n47 CFR 0.192(a) (enhanced display) page 38 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.192(b)\nCommission Organization\n\n\n interoperability, roaming, priority access, gateway functions and interfaces, interconnectivity of public\n safety broadband networks, authentication and encryption, and requirements for common public safety\n broadband applications.\n\n (b) To the extent permitted by applicable law, the Chief of the Public Safety and Homeland Security Bureau\n shall have delegated authority to establish one or more advisory bodies, consistent with the Federal\n Advisory Committee Act or other applicable law, to advise the Emergency Response Interoperability\n Center in the performance of its responsibilities. Such advisory bodies may include representatives from\n relevant Federal public safety and homeland security entities, representatives from state and local public\n safety entities, industry representatives, and service providers.\n\n[75 FR 28207, May 20, 2010]\n\n\nSubpart B—Delegations of Authority\n\nAuthority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409.\n\n GENERAL\n\n§ 0.201 General provisions.\n (a) There are three basic categories of delegations made by the Commission pursuant to section 5(c) of the\n Communications Act of 1934, as amended:\n\n (1) Delegations to act in non-hearing matters and proceedings. The great bulk of delegations in this\n category are made to bureau chiefs and other members of the Commission's staff. This category\n also includes delegations to individual commissioners and to boards or committees of\n commissioners.\n\n (2) Delegations to rule on interlocutory matters in hearing proceedings. Delegations in this category are\n made to any person, other than the Commission, designated to serve as the presiding officer in a\n hearing proceeding pursuant to § 1.241.\n\n (3) Delegations to review an initial decision. Delegations in this category are made to individual\n commissioners, to panels of commissioners.\n\n (b) Delegations are arranged in this subpart under headings denoting the person, panel, or board to whom\n authority has been delegated, rather than by the categories listed in paragraph (a) of this section.\n\n (c) Procedures pertaining to the filing and disposition of interlocutory pleadings in hearing proceedings are\n set forth in §§ 1.291 through 1.298 of this chapter. Procedures pertaining to appeals from rulings of the\n presiding officer are set forth in §§ 1.301 and 1.302. Procedures pertaining to reconsideration and review\n of actions taken pursuant to delegated authority are set forth in §§ 1.101, 1.102, 1.104, 1.106, 1.113,\n 1.115, and 1.117. Procedures pertaining to exceptions to initial decisions are set forth in §§ 1.276 through\n 1.279.\n\n (d) The Commission, by vote of a majority of the members then holding office, may delegate its functions\n either by rule or by order, and may at any time amend, modify, or rescind any such rule or order.\n\n (1) Functions of a continuing or recurring nature are delegated by rule. The rule is published in the\n FEDERAL REGISTER and is included in this subpart.\n\n\n47 CFR 0.201(d)(1) (enhanced display) page 39 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.201(d)(2)\nCommission Organization\n\n\n (2) Functions pertaining to a particular matter or proceeding are delegated by order. The order is\n published in the FEDERAL REGISTER and associated with the record of that matter or proceeding, but\n neither the order nor any reference to the delegation made thereby is included in this subpart.\n\n[28 FR 12402, Nov. 22, 1963, as amended at 50 FR 26567, June 27, 1985; 62 FR 4170, Jan. 29, 1997; 76 FR 70907, Nov. 16, 2011;\n85 FR 63171, Oct. 6, 2020]\n\n\n§ 0.203 Authority of person, panel, or board to which functions are delegated.\n (a) The person, panel, or board to which functions are delegated shall, with respect to such functions, have all\n the jurisdiction, powers, and authority conferred by law upon the Commission, and shall be subject to the\n same duties and obligations.\n\n (b) Except as provided in § 1.102 of this chapter, any action taken pursuant to delegated authority shall have\n the same force and effect and shall be made, evidenced, and enforced in the same manner as actions of\n the Commission.\n\n[28 FR 12402, Nov. 22, 1963]\n\n\n§ 0.204 The exercise of delegated authority.\n (a) Authority to issue orders and to enter into correspondence. Any official (or group of officials) to whom\n authority is delegated in this subpart is authorized to issue orders (including rulings, decisions, or other\n action documents) pursuant to such authority and to enter into general correspondence concerning any\n matter for which he is responsible under this subpart or subpart A of this part.\n\n (b) Authority of subordinate officials. Authority delegated to any official to issue orders or to enter into\n correspondence under paragraph (a) of this section may be exercised by that official or by appropriate\n subordinate officials acting for him/her.\n\n (c) Signature.\n\n (1) Other orders made by a committee, board or panel identify the body and are signed by the Secretary.\n\n (2) Upon signing an order, the Secretary affixes the Commission's seal.\n\n (3) General correspondence by a committee or board is signed by the committee or board chairperson.\n\n (4) All other orders and letters are signed by the official who has given final approval of their contents.\n\n (5) With the exception of license forms requiring the signature of an appropriate official of the issuing\n bureau or office, license forms bear only the seal of the Commission.\n\n (d) Form of orders. Orders may be issued in any appropriate form (e.g., as captioned orders, letters,\n telegrams) and may, if appropriate, be issued orally. Orders issued orally shall, if practicable, be confirmed\n promptly in writing.\n\n (e) Minutes entries. Except as otherwise provided in this subpart, actions taken as provided in paragraph (d)\n of this section shall be recorded in writing and filed in the official minutes of the Commission.\n\n[33 FR 8227, June 1, 1968, as amended at 38 FR 18550, July 12, 1973; 62 FR 4170, Jan. 29, 1997; 88 FR 21429, Apr. 10, 2023]\n\n\n COMMISSIONERS\n\n47 CFR 0.204(e) (enhanced display) page 40 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.211\nCommission Organization\n\n\n§ 0.211 Chairperson.\nThe responsibility for the general administration of internal affairs of the Commission is delegated to the\nChairperson of the Commission. The Chairperson will keep the Commission advised concerning his actions taken\nunder this delegation of authority. This authority includes:\n\n (a) Actions of routine character as to which the Chairperson may take final action.\n\n (b) Actions of non-routine character which do not involve policy determinations. The Chairperson may take\n final action on these matters but shall specifically advise the Commission on these actions.\n\n (c) Actions of an important character or those which involve policy determinations. In these matters the\n Chairperson will develop proposals for presentation to the Commission.\n\n (d) To act within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, upon tort claims\n directed against the Commission where the amount of damages does not exceed $5,000.\n\n (e) Authority to act as “Head of the Agency” or “Agency Head” for administrative determinations required by\n the Federal Acquisition Regulation and Federal Management Circulars.\n\n (f) Authority to act as “Head of the Agency” or “Agency Head” for all administrative determinations pursuant\n to the Debt Collection Improvement Act of 1996, Public Laws 104–134, 110 Stat. 1321, 1358 (1996)\n (DCIA).\n\n[28 FR 12402, Nov. 22, 1963, as amended at 41 FR 49095, Nov. 8, 1976; 51 FR 23550, June 30, 1986; 69 FR 27847, May 17, 2004;\n76 FR 70907, Nov. 16, 2011; 88 FR 21429, Apr. 10, 2023]\n\n\n§ 0.212 Board of Commissioners.\n (a) Whenever the Chairperson or Acting Chairperson of the Commission determines that a quorum of the\n Commission is not present or able to act, he/she may convene a Board of Commissioners. The Board\n shall be composed of all Commissioners present and able to act.\n\n (b) The Board of Commissioners is authorized to act upon all matters normally acted upon by the\n Commission en banc, except the following:\n\n (1) The final determination on the merits of any adjudicatory or investigatory hearing proceeding or of\n any rule making proceeding, except upon a finding by the Board that the public interest would be\n disserved by waiting the convening of a quorum of the Commission.\n\n (2) Petitions for reconsideration of Commission actions.\n\n (3) Applications for review of actions taken pursuant to delegated authority, except that the Board may\n dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of\n this chapter, or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter.\n\n (c) The Board of Commissioners is authorized to act upon all matters normally acted upon by an individual\n Commissioner (when he or his alternates are not present or able to act) or by a committee of\n Commissioners (in the absence of a quorum of the committee).\n\n (d) Actions taken by the Board of Commissioners shall be recorded in the same manner as actions taken by\n the Commission en banc.\n\n\n\n47 CFR 0.212(d) (enhanced display) page 41 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.212(e)\nCommission Organization\n\n\n (e) This section has no application in circumstances in which the Commission is unable to function at its\n offices in Washington, D.C. See §§ 0.181–0.186 and §§ 0.381–0.387.\n\n[30 FR 9314, July 27, 1965, as amended at 86 FR 12546, Mar. 4, 2021; 88 FR 21430, Apr. 10, 2023]\n\n\n§ 0.218 Authority of, and delegated to, an individual Commissioner or Commissioners.\n (a) One or more members of the Commission may be designated to preside in a hearing proceeding. The\n Commissioner or Commissioners designated to preside at such a hearing shall fix the time and place of\n the hearing and shall act upon all motions, petitions or other matters which may arise while the\n proceeding is in hearing status.\n\n (b) One or more members of the Commission may be designated to review an initial decision issued in any\n hearing case.\n\n (c) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a\n Commissioner or Commissioners pursuant to the provisions of this section shall be recorded in writing\n and filed in the official minutes of the Commission.\n\n[27 FR 7931, Aug. 10, 1962]\n\n\n MANAGING DIRECTOR\n\n§ 0.231 Authority delegated.\n (a) The Managing Director, or his designee, upon securing concurrence of the General Counsel, is delegated\n authority to act upon requests for waiver, reduction or deferment of fees, establish payment dates, and\n issue notices proposing amendments or adjustments to the fee schedules established under part 1,\n subpart G, of this chapter.\n\n (b) The Managing Director, or his designee, is delegated authority to make nonsubstantive, editorial revisions\n of the Commission's rules and regulations upon approval of the bureau or staff office primarily\n responsible for the particular part or section involved.\n\n (c) [Reserved]\n\n (d) The Managing Director, or his designee, upon securing the concurrence of the General Counsel, is\n delegated authority, within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, to\n grant tort claims directed against the Commission where the amount of the claim does not exceed\n $5,000. In addition thereto, the Managing Director, or his designee, upon securing the concurrence of the\n General Counsel, is delegated authority to act in the disposition of claims arising under the Military\n Personnel and Civilian Employees' Claims Act, as amended, 31 U.S.C. 3701 and 3721, where the amount\n of the claim does not exceed $6,500.\n\n (e) The Managing Director is delegated authority to act as Head of the Procurement Activity and Contracting\n Officer for the Commission and to designate appropriate subordinate officials to act as Contracting\n Officers for the Commission.\n\n (f)\n\n\n\n\n47 CFR 0.231(f) (enhanced display) page 42 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.231(f)(1)\nCommission Organization\n\n\n (1) The Managing Director, or his designee, is delegated authority to perform all administrative\n determinations provided for by the Debt Collection Improvement Act of 1996, Public Laws 104–134,\n 110 Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the provisions of Title 31, United\n States Code section 3711 to:\n\n (i) Collect claims of the United States Government for money or property arising out of the\n activities of, or referred to, the Federal Communications Commission,\n\n (ii) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such\n higher amount as the Attorney General of the United States may from time to time prescribe,\n and\n\n (iii) Suspend or end collection action on a claim of the Government of not more than $100,000\n (excluding interest) when it appears that no person liable on the claim has the present or\n prospective ability to pay a significant amount of the claim or the cost of collecting the claim is\n likely to be more than the amount recovered.\n\n (2)\n\n (i) This delegation does not include waiver authority provided by 31 U.S.C. 3720B.\n\n (ii) The Chief Financial Officer, or the Deputy Chief Financial Officer, is delegated authority to\n perform all administrative determinations provided for by 31 U.S.C. 3720B.\n\n (g) The Managing Director, after consultation with the Chairperson shall establish, renew, and terminate all\n Federal advisory committees. He/She shall also exercise all management responsibilities under the\n Federal Advisory Committee Act as amended (Pub. L. No. 92–463, 5 U.S.C. App.).\n\n (h) [Reserved]\n\n (i) The Secretary, acting under the supervision of the Managing Director, serves as the official custodian of\n the Commission's documents and shall have authority to appoint a deputy or deputies for the purposes of\n custody and certification of documents located in Gettysburg, Pennsylvania or other established\n locations. The Secretary is delegated authority to rule on requests for extensions of time based on\n operational problems associated with the Commission's electronic comment filing system. See § 1.46 of\n this chapter.\n\n (j) The Managing Director or his designee is delegated the authority, after seeking the opinion of the General\n Counsel, to determine, in accordance with generally accepted accounting principles for federal agencies\n the organizations, programs (including funds), and accounts that are required to be included in the\n financial statements of the Commission.\n\n (k) The Managing Director, or his designee, after seeking the opinion of the General Counsel, is delegated the\n authority to direct all organizations, programs (including funds), and accounts that are required to be\n included in the financial statements of the Commission to comply with all relevant and applicable federal\n financial management and reporting statutes.\n\n (l) The Managing Director is delegated authority to issue subpoenas for the Office of Managing Director's\n oversight of audits of the USF programs and other financial assistance programs, and the Office of\n Managing Director's review and evaluation of the interstate telecommunications relay services fund, the\n North American numbering plan, regulatory fee collection, FCC operating expenses, and debt collection.\n Before issuing a subpoena, the Office of Managing Director shall obtain the approval of the Office of\n General Counsel.\n\n47 CFR 0.231(l) (enhanced display) page 43 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.241\nCommission Organization\n\n\nCross Reference:\n47 CFR part 19, subpart E.\n\n[29 FR 14666, Oct. 28, 1964]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 0.231, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n CHIEF ENGINEER\n\n§ 0.241 Authority delegated.\n (a) The performance of functions and activities described in § 0.31 is delegated to the Chief of the Office of\n Engineering and Technology: Provided that the following matters shall be referred to the Commission en\n banc for disposition:\n\n (1) Notice of proposed rulemaking and of inquiry and final orders in rulemaking proceedings, inquiry\n proceedings and non-editorial orders making changes, except that:\n\n (i) The Chief of the Office of Engineering and Technology is delegated authority, together with the\n Chief of the Wireless Telecommunications Bureau, to adopt certain technical standards\n applicable to hearing aid compatibility under § 20.19 of this chapter, as specified in § 20.19(k).\n\n (ii) The Chief of the Office of Engineering and Technology is delegated authority, by notice-and-\n comment rulemaking if required by statute or otherwise in the public interest, to issue an order\n amending rules in parts 2, 5, 15, or 18 of this chapter that reference industry standards to\n specify revised versions of the standards. This delegation is limited to modifying rules to\n reference revisions to standards that are already in the rules and not to incorporate a new\n standard into the rules, and is limited to the approval of changes to the technical standards that\n do not raise major compliance issues.\n\n (2) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the\n Office of Engineering and Technology may dismiss any such application that does not contain any\n statement required under § 1.115(a) or (b) of this chapter, or does not comply with the filing\n requirements of § 1.115(d) or (f) of this chapter.\n\n (3) Petitions and other requests for waivers of the Commission's rules, whether or not accompanied by\n an applications, when such petitions or requests contain new or novel arguments not previously\n considered by the Commission or present facts or arguments which appear to justify a change in\n Commission policy.\n\n (4) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or\n novel arguments not previously considered by the Commission or preset facts or arguments which\n appear to justify a change in Commission policy.\n\n (5) Any other petition, pleading or request presenting new or novel questions of fact, law, or policy which\n cannot be resolved under outstanding precedents and guidelines.\n\n (6) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy\n which cannot be resolved under outstanding precedents and guidelines.\n\n\n47 CFR 0.241(a)(6) (enhanced display) page 44 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.241(a)(7)\nCommission Organization\n\n\n (7) Authority to issued a notice of opportunity for hearing pursuant to § 1.80(g) of this chapter; and\n authority to issue notices of apparent liability, final forfeiture orders, and orders cancelling or\n reducing forfeitures imposed under § 1.80(f) of this chapter, if the amount set out in the notice of\n apparent liability is more than $20,000.\n\n (8) Proposed actions following any case remanded by the courts.\n\n (b) The Chief of the Office of Engineering and Technology is delegated authority to administer the Equipment\n Authorization program as described in part 2 of this chapter.\n\n (c) The Chief of the Office of Engineering and Technology is delegated authority to administer the\n Experimental Radio licensing program pursuant to part 5 of this chapter.\n\n (d) The Chief of the Office of Engineering and Technology is delegated authority to examine all applications\n for certification (approval) of subscription television technical systems as acceptable for use under a\n subscription television authorization as provided for in this chapter, to notify the applicant that an\n examination of the certified technical information and data submitted in accordance with the provisions\n of this chapter indicates that the system does or does not appear to be acceptable for authorization as a\n subscription television system. This delegation shall be exercised in consultation with the Chief, Media\n Bureau.\n\n (e) The Chief of the Office of Engineering and Technology is authorized to dismiss or deny petitions for\n rulemaking which are repetitive or moot or which for other reasons plainly do not warrant consideration by\n the Commission.\n\n (f) The Chief of the Office of Engineering and Technology is authorized to enter into agreements with the\n National Institute of Standards and Technology and other accreditation bodies to perform accreditation of\n test laboratories pursuant to § 2.948(e) of this chapter. In addition, the Chief is authorized to make\n determinations regarding the continued acceptability of individual accrediting organizations and\n accredited laboratories.\n\n (g) The Chief of the Office of Engineering and Technology is delegated authority to enter into agreements with\n the National Institute of Standards and Technology to perform accreditation of Telecommunication\n Certification Bodies (TCBs) pursuant to §§ 2.960 and 2.962 of this chapter. In addition, the Chief is\n delegated authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to\n make determinations regarding the continued acceptability of individual TCBs, and to develop procedures\n that TCBs will use for performing post-market surveillance.\n\n (h) The Chief of the Office of Engineering and Technology is delegated authority to administer the database\n functions for unlicensed devices operating in the television broadcast bands (TV bands) as set forth in\n subpart H of part 15 of this chapter. The Chief is delegated authority to develop specific methods that will\n be used to designate TV bands database managers, to designate these database managers; to develop\n procedures that these database managers will use to ensure compliance with the requirements for\n database operations; to make determinations regarding the continued acceptability of individual database\n managers; and to perform other functions as needed for the administration of the TV bands databases.\n The Chief is also delegated authority jointly with the Chief of the Wireless Telecommunications Bureau to\n administer provisions of § 15.713(h)(8) of this chapter pertaining to the registration of event sites where\n large numbers of wireless microphones that operate on frequencies specified in § 74.802 of this chapter\n are used.\n\n\n\n\n47 CFR 0.241(h) (enhanced display) page 45 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.241(i)\nCommission Organization\n\n\n (i) The Chief of the Office of Engineering and Technology is delegated authority to make nonsubstantive,\n editorial revisions to the Commission's rules and regulations contained in parts 2, 4, 5, 15, and 18 of this\n chapter.\n\n (j) The Chief of the Office of Engineering and Technology is delegated authority jointly with the Chief of the\n Wireless Telecommunications Bureau to administer the Spectrum Access System (SAS) and SAS\n Administrator functions set forth in part 96 of this chapter. The Chief is delegated authority to develop\n specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to\n develop procedures that these SAS Administrators will use to ensure compliance with the requirements\n for SAS operation; to make determinations regarding the continued acceptability of individual SAS\n Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is\n delegated the authority to perform these same functions with regard to the Environmental Sensing\n Capability.\n\n (k) The Chief of the Office of Engineering and Technology is delegated authority to administer the Automated\n Frequency Coordination (AFC) system and AFC system operator functions set forth in subpart E of part\n 15 of this chapter. The Chief is delegated authority to develop specific methods that will be used to\n designate AFC system operators; to designate AFC system operators; to develop procedures that these\n AFC system operators will use to ensure compliance with the requirements for AFC system operations; to\n make determinations regarding the continued acceptability of individual AFC system operators; and to\n perform other functions as needed for the administration of the AFC systems.\n\n[51 FR 41106, Nov. 13, 1986, as amended at 57 FR 18088, Apr. 29, 1992; 60 FR 5324, Jan. 27, 1995; 60 FR 32119, June 20, 1995;\n61 FR 4918, Feb. 9, 1996; 61 FR 31045, June 19, 1996; 62 FR 48952, Sept. 18, 1997; 64 FR 4995, Feb. 2, 1999; 67 FR 13220, Mar.\n21, 2002; 69 FR 70337, Dec. 3, 2004; 73 FR 9463, Feb. 21, 2008; 73 FR 25587, May 7, 2008; 75 FR 75835, Dec. 6, 2010; 80 FR\n33438, June 12, 2015; 80 FR 36217, June 23, 2015; 85 FR 31410, May 26, 2020; 86 FR 12546, Mar. 4, 2021]\n\n\n§ 0.247 Record of actions taken.\nThe application and authorization files and other appropriate files of the Office of Engineering and Technology are\ndesignated as the official minute entries of actions taken pursuant to §§ 0.241 and 0.243.\n\n[33 FR 8228, June 1, 1968, as amended at 44 FR 39179, July 5, 1979; 51 FR 12615, Apr. 14, 1986]\n\n\n GENERAL COUNSEL\n\n§ 0.251 Authority delegated.\n (a) The General Counsel is delegated authority to act as the “designated agency ethics official.”\n\n (b) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which\n are not in hearing status, the General Counsel is delegated authority:\n\n (1) To act upon requests for extension of time within which briefs, comments or pleadings may be filed.\n\n (2) To dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of\n a petition for reconsideration and which did not reverse, change, or modify the original order.\n\n (3) To dismiss or deny petitions for rulemaking which are repetitive or moot or which, for other reasons,\n plainly do not warrant consideration by the Commission.\n\n\n\n47 CFR 0.251(b)(3) (enhanced display) page 46 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.251(b)(4)\nCommission Organization\n\n\n (4) To dismiss as repetitious any petition for reconsideration of a Commission order denying an\n application for review which fails to rely on new facts or changed circumstances.\n\n (c) The General Counsel is delegated authority in adjudicatory hearing proceedings which are pending before\n the Commission en banc to act on all requests for relief, and to issue all appropriate orders, except those\n which involve final disposition on the merits of a previously specified issue concerning an applicant's\n basic qualifications or two or more applicants' comparative qualifications.\n\n (d) When an adjudicatory proceeding is before the Commission for the issuance of a final order or decision,\n the General Counsel will make every effort to submit a draft order or decision for Commission\n consideration within four months of the filing of the last responsive pleading. If the Commission is unable\n to adopt an order or decision in such cases within five months of the last responsive pleading, it shall\n issue an order indicating that additional time will be required to resolve the case.\n\n (e) The official record of all actions taken by the General Counsel pursuant to paragraphs (c) and (d) of this\n section is contained in the original docket folder, which is maintained by the Reference Information\n Center.\n\n (f) The General Counsel is delegated authority to issue written determinations on matters regarding the\n interception of telephone conversations. Nothing in this paragraph, however, shall affect the authority of\n the Inspector General to intercept or record telephone conversations as necessary in the conduct of\n investigations or audits.\n\n (g) The General Counsel is delegated authority to issue rulings on whether violations of the ex parte rules\n have occurred and to impose appropriate sanctions. The General Counsel shall refer to the Enforcement\n Bureau for disposition pursuant to § 0.311(b) any matter in which a forfeiture or a citation under 47 U.S.C.\n 503(b)(5) may be warranted. If the Enforcement Bureau determines that forfeiture or a citation is not\n warranted, the matter shall be referred back to the General Counsel for appropriate action.\n\n (h) The General Counsel is delegated authority to make determinations regarding and waive the applicability\n of section 4(b) of the Communications Act (47 U.S.C. § 154(b)) and the Federal conflict of interest\n statutes (18 U.S.C. §§ 203, 205 and 208).\n\n (i) The General Counsel is delegated authority to perform all administrative determinations provided for by\n the Debt Collection Improvement Act of 1996, Public Law 104–134, 110 Stat. 1321, 1358 (1996) (DCIA),\n including, but not limited to the provisions of Title 31, U.S.C. 3711 to:\n\n (1) Collect claims of the United States Government of money or property arising out of the activities of,\n or referred to, the Federal Communications Commission,\n\n (2) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such\n higher amount as the Attorney General of the United States may from time to time prescribe, and\n\n (3) Suspend or end collection action on a claim of the Government of not more than $100,000 (excluding\n interest) when it appears that no person liable on the claim has the present or prospective ability to\n pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the\n amount recovered.\n\n\n Note to paragraph (i): This delegation does not include waiver authority provided by 31 U.S.C.\n 3720B.\n\n\n\n47 CFR 0.251(i)(3) (enhanced display) page 47 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.251(j)\nCommission Organization\n\n\n (j) The General Counsel is delegated authority to act as the Commission's Chief FOIA Officer, as specified in 5\n U.S.C. 552(j). In this role, the General Counsel is delegated authority to dismiss FOIA applications for\n review that are untimely, repetitious, or fail to articulate specific grounds for review.\n\n(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083,\n1084, 1085, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)\n\n[28 FR 12402, Nov. 22, 1963]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 0.251, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n INTERNATIONAL BUREAU\n\nSource: Sections 0.261 and 0.262 appear at 60 FR 5324, Jan. 27, 1995, unless otherwise noted.\n\n\n\n§ 0.261 Authority delegated.\n (a) Subject to the limitations set forth in paragraph (b) of this section, the Chief, Space Bureau, is hereby\n delegated the authority to perform the functions and activities described in § 0.51, including without\n limitation the following:\n\n (1) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of\n various petitions for policy or rule changes submitted by industry or the public, and to assist the\n Commission in conducting the same.\n\n (2) To act upon applications for satellite systems and earth stations pursuant to part 25 of this chapter.\n\n (3) In conjunction with the Office of International Affairs, to notify the International Telecommunication\n Union (ITU) of the United States' terrestrial and satellite assignments for inclusion in the Master\n International Frequency Register.\n\n (4) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not\n within the jurisdiction of the Enforcement Bureau.\n\n (b) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Space Bureau, shall not\n have authority:\n\n (1) To act on any application, petition, pleading, complaint, enforcement matter, or other request that:\n\n (i) Presents new or novel arguments not previously considered by the Commission;\n\n (ii) Presents facts or arguments which appear to justify a change in Commission policy; or\n\n (iii) Cannot be resolved under outstanding precedents and guidelines after consultation with\n appropriate Bureaus or Offices.\n\n (2) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from\n rulemaking or inquiry proceedings;\n\n\n\n\n47 CFR 0.261(b)(2) (enhanced display) page 48 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.261(b)(3)\nCommission Organization\n\n\n (3) To act upon any application for review of actions taken by the Chief, Space Bureau, pursuant to\n delegated authority, except that the Chief of the Space Bureau may dismiss any such application that\n does not contain any statement required under § 1.115(a) or (b) of this chapter, or does not comply\n with the filing requirements of § 1.115(d) or (f) of this chapter;\n\n (4) To act upon any formal or informal radio application which is in hearing status;\n\n (5) To designate for hearing any applications except:\n\n (i) Mutually exclusive applications for radio facilities filed pursuant to part 25, of this chapter; and\n\n (ii) Applications for facilities where the issues presented relate solely to whether the applicant has\n complied with outstanding precedents and guidelines; or\n\n (6) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the\n Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier\n providers and $20,000 for non-common carrier providers.\n\n[88 FR 21430, Apr. 10, 2023]\n\n\n§ 0.262 Record of actions taken.\nThe application and authorization files in the appropriate central files of the Space Bureau are designated as the\nCommission's official records of actions by the Chief, Space Bureau, pursuant to authority delegated to the Chief.\nThe official records of action are maintained in the Reference Information Center.\n\n[88 FR 21430, Apr. 10, 2023]\n\n\n OFFICE OF ECONOMICS AND ANALYTICS\n\n§ 0.271 Authority delegated.\nThe Chief, Office of Economics and Analytics, is delegated authority to perform all functions and activities described\nin § 0.21 (and to perform the specified functions set forth in in paragraphs (f) through (i) of this section to the\nextent they fall within the subject matters over which the Office of Economics and Analytics has primary authority\nunder § 0.21), subject to the exceptions and limitations in paragraphs (a) through (e) of this section:\n\n (a) The Chief, Office of Economics and Analytics, shall not have authority to act on notices of proposed\n rulemaking and of inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports\n arising from any of the foregoing except such order involving ministerial conforming amendments to rule\n parts and notices and orders addressing the detailed procedures for implementation of auctions of\n spectrum and broadcast services and uses of competitive bidding to achieve other Commission policy\n objectives, including universal service support.\n\n (b) The Chief, Office of Economics and Analytics, shall not have authority to act on any complaints, petitions,\n pleadings, requests, or other matters presenting new or novel questions of fact, law, or policy that cannot\n be resolved under existing precedents and guidelines.\n\n\n\n\n47 CFR 0.271(b) (enhanced display) page 49 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.271(c)\nCommission Organization\n\n\n (c) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications for review\n of actions taken by the Chief of the Office of Economics and Analytics pursuant to delegated authority,\n except that the Chief may dismiss any such application that does not contain any statement required\n under § 1.115(a) or (b) of this chapter, or does not comply with the filing requirements of § 1.115(d) or (f)\n of this chapter.\n\n (d) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications that are in\n hearing status.\n\n (e) The Chief, Office of Economics and Analytics, shall not have authority to impose, reduce or cancel\n forfeitures pursuant to the Communications Act of 1934, as amended, in amounts of more than $80,000.\n Payments for bid withdrawal, default or to prevent unjust enrichment that are imposed pursuant to\n Section 309(j) of the Communications Act of 1934, as amended, and regulations in this chapter\n implementing Section 309(j) governing auction authority, are excluded from this restriction.\n\n (f) The Chief, Office of Economics and Analytics, is delegated authority to deny requests for extension of time\n or to extend the time within which comments may be filed.\n\n (g) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for rulemaking\n that are repetitive or moot or that for other reasons plainly do not warrant consideration by the\n Commission.\n\n (h) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for\n reconsideration to the extent permitted by § 1.429(l) of this chapter and to the extent permitted by §\n 1.106 of this chapter.\n\n (i) The Chief, Office of Economics and Analytics, is delegated authority to make nonsubstantive, editorial\n revisions to the Commission's rules and regulations contained in part 1, subparts Q, V, W, and AA, of this\n chapter.\n\n[85 FR 34527, June 5, 2020, as amended at 86 FR 12547, Mar. 4, 2021]\n\n\n§ 0.272 Record of actions taken.\nThe application and authorization files and other appropriate files of the Office of Economics and Analytics are\ndesignated as the Commission's official records of action of the Chief, Office of Economics and Analytics, pursuant\nto authority delegated to the Chief. The official records of action are maintained by the Reference Information\nCenter.\n\n[88 FR 21430, Apr. 10, 2023]\n\n\n§ 0.273 Actions taken under delegated authority.\nIn discharging the authority conferred by § 0.271, the Chief, Office of Economics and Analytics, shall establish\nworking relationships with other Bureaus and staff Offices to assure the effective coordination of actions taken in\nthe analysis of regulatory impacts, including assessments of paperwork burdens and initial and final regulatory\nflexibility assessments.\n\n[83 FR 63076, Dec. 7, 2018]\n\n\n CHIEF, MEDIA BUREAU\n\n47 CFR 0.273 (enhanced display) page 50 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.283\nCommission Organization\n\n\n§ 0.283 Authority delegated.\nThe Chief, Media Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.61, provided\nthat the following matters shall be referred to the Commission en banc for disposition:\n\n (a) Notices of proposed rulemaking and of inquiry and final orders in such proceedings, with the exception of\n rulemaking proceedings involving the allotment of FM and television channels.\n\n (b) Application for review of actions taken pursuant to delegated authority, except that the Chief of the Media\n Bureau may dismiss any such application that does not contain any statement required under § 1.115(a)\n or (b) of this chapter, or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter.\n\n (c) Matters that present novel questions of law, fact or policy that cannot be resolved under existing\n precedents and guidelines.\n\n (d) The imposition, reduction or cancellation of forfeitures pursuant to section 503(b) of the Communications\n Act of 1934, as amended, in amounts of more than $20,000.\n\n[67 FR 13220, Mar. 21, 2002, as amended at 86 FR 12547, Mar. 4, 2021]\n\n\n§ 0.284 Actions taken under delegated authority.\n (a) In discharging the authority conferred by § 0.283 of this part, the Chief, Media Bureau, shall establish\n working relationships with other bureaus and staff offices to assure the effective coordination of actions\n taken in the following areas of joint responsibility;\n\n (1) Complaints arising under section 315 of the Communications Act—Office of General Counsel.\n\n (2) Requests for waiver of tower painting and lighting specifications-Wireless Telecommunications\n Bureau.\n\n (3) Requests for use of frequencies or bands of frequencies shared with private sector nonbroadcast or\n government services—Office of Engineering and Technology and appropriate operating bureau.\n\n (4) Requests involving coordination with other agencies of government—Office of General Counsel,\n Office of Engineering and Technology and appropriate operating bureau.\n\n (5) Proposals involving possible harmful impact on radio astronomy or radio research\n installations—Office of Engineering and Technology.\n\n (b) With respect to non-routine applications granted under authority delegated in § 0.283 of this part, the\n Chief, Media Bureau or his designees, shall enter on the working papers associated with each application\n a narrative justification of the action taken. While not available for public inspection, these working papers\n shall, upon request, be made available to the Commissioners and members of their staffs.\n\n[47 FR 47829, Oct. 28, 1982; 47 FR 56852, Dec. 21, 1982, as amended at 51 FR 12615, Apr. 14, 1986; 52 FR 5288, Feb. 20, 1987;\n59 FR 32132, June 22, 1994; 59 FR 67092, Dec. 28, 1994; 61 FR 8477, Mar. 5, 1996; 64 FR 60721, Nov. 8, 1999; 67 FR 13220, Mar.\n21, 2002; 71 FR 69036, Nov. 29, 2006]\n\n\n§ 0.285 Record of actions taken.\nThe history card, the station file, and other appropriate files are designated to be the official records of action taken\nby the Chief of the Media Bureau. The official records of action are maintained by the Reference Information Center.\n\n47 CFR 0.285 (enhanced display) page 51 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.291\nCommission Organization\n\n\n[88 FR 21430, Apr. 10, 2023]\n\n\n CHIEF, WIRELINE COMPETITION BUREAU\n\n§ 0.291 Authority delegated.\nThe Chief, Wireline Competition Bureau, is hereby delegated authority to perform all functions of the Bureau,\ndescribed in § 0.91, subject to the following exceptions and limitations.\n\n (a) Authority concerning applications.\n\n (1) The Chief, Wireline Competition Bureau shall not have authority to act on any formal or informal\n common carrier applications or section 214 applications for common carrier services which are in\n hearing status.\n\n (2) The Chief, Wireline Competition Bureau shall not have authority to act on any applications or\n requests which present novel questions of fact, law or policy which cannot be resolved under\n outstanding precedents and guidelines.\n\n (b) Authority concerning section 220 of the Act. The Chief, Wireline Competition Bureau shall not have\n authority to promulgate regulations or orders prescribing permanent depreciation rates for common\n carriers, or to prescribe interim depreciation rates to be effective more than one year, pursuant to section\n 220 of the Communications Act of 1934, as amended.\n\n (c) Authority concerning forfeitures. The Chief, Wireline Competition Bureau shall not have authority to\n impose, reduce or cancel forfeitures pursuant to Section 203 or Section 503(b) of the Communications\n Act of 1934, as amended, in amounts of more than $80,000.\n\n (d) Authority concerning applications for review. The Chief, Wireline Competition Bureau, shall not have\n authority to act upon any applications for review of actions taken by the Chief, Wireline Competition\n Bureau, pursuant to any delegated authority, except that the Chief of the Wireline Competition Bureau may\n dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this\n chapter, or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter.\n\n (e) Authority concerning rulemaking and investigatory proceedings. The Chief, Wireline Competition Bureau,\n shall not have authority to issue notices of proposed rulemaking, notices of inquiry, or reports or orders\n arising from either of the foregoing, except that the Chief, Wireline Competition Bureau, shall have\n authority, in consultation and coordination with the Chief, Office of International Affairs, to issue and\n revise a manual on the details of the reporting requirements for international carriers referenced in §\n 43.61(a)(3) of this chapter.\n\n (f) Authority concerning the issuance of subpoenas. The Chief of the Wireline Competition Bureau or her/his\n designee is authorized to issue non-hearing related subpoenas for the attendance and testimony of\n witnesses and the production of books, papers, correspondence, memoranda, schedules of charges,\n contracts, agreements, and any other records deemed relevant to the investigation of matters within the\n jurisdiction of the Wireline Competition Bureau. Before issuing a subpoena, the Bureau shall obtain the\n approval of the Office of General Counsel.\n\n (g) The Chief, Wireline Competition Bureau, is delegated authority to enter into agreements with the National\n Institute of Standards and Technology to perform accreditation of Telecommunication Certification\n Bodies (TCBs) pursuant to §§ 68.160 and 68.162 of this chapter. In addition, the Chief is delegated\n\n\n47 CFR 0.291(g) (enhanced display) page 52 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.291(h)\nCommission Organization\n\n\n authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to make\n determinations regarding the continued acceptability of individual TCBs and to develop procedures that\n TCBs will use for performing post-market surveillance.\n\n (h) [Reserved]\n\n (i) Authority concerning schools and libraries support mechanism audits. The Chief, Wireline Competition\n Bureau, shall have authority to address audit findings relating to the schools and libraries support\n mechanism. This authority is not subject to the limitation set forth in paragraph (a)(2) of this section.\n\n(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303; secs. 2, 3, 4, 5, 301, 303, 307, 308,\n309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152,\n153, 154, 155, 303, 307, 308, 309, 315, 317)\n\n[44 FR 18501, Mar. 28, 1979]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 0.291, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 0.301 [Reserved]\n§ 0.302 Record of actions taken.\nThe application and authorization files are designated as the Commission's official records of action of the Chief,\nWireline Competition Bureau pursuant to authority delegated to the Chief. The official records of action are\nmaintained by the Reference Information Center.\n\n[88 FR 21430, Apr. 10, 2023]\n\n\n§ 0.303 [Reserved]\n§ 0.304 Authority for determinations of exempt telecommunications company status.\nAuthority is delegated to the Chief, Wireline Competition Bureau to act upon any application for a determination of\nexempt telecommunications company status filed pursuant to section 34(a)(1) of the Public Utility Holding\nCompany Act of 1935, as amended by section 103 of the Telecommunications Act of 1996.\n\n[64 FR 5950, Feb. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]\n\n\n ENFORCEMENT BUREAU\n\n§ 0.311 Authority delegated.\nThe Chief, Enforcement Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.111,\nprovided that:\n\n (a) The following matters shall be referred to the Commission en banc for disposition:\n\n (1) Notices of proposed rulemaking and of inquiry and final orders in such proceedings.\n\n\n\n47 CFR 0.311(a)(1) (enhanced display) page 53 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.311(a)(2)\nCommission Organization\n\n\n (2) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the\n Enforcement Bureau may dismiss any such application that does not contain any statement required\n under § 1.115(a) or (b) of this chapter, or does not comply with the filing requirements of § 1.115(d)\n or (f) of this chapter.\n\n (3) Matters that present novel questions of law, fact or policy that cannot be resolved under existing\n precedents and guidelines.\n\n (4) Forfeiture notices and forfeiture orders if the amount is more than $100,000 in the case of common\n carriers or more than $25,000 in the case of all other persons or entities.\n\n (5) Orders concluding an investigation under section 208(b) of the Communications Act and orders\n addressing petitions for reconsideration of such orders.\n\n (6) Release of information pursuant to section 220(f) of the Communications Act, except for release of\n such information to a state public utility commission or in response to a Freedom of Information Act\n Request.\n\n (b) Action on complaints regarding compliance with section 705(a) of the Communications Act shall be\n coordinated with the Office of General Counsel.\n\n[64 FR 60721, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002; 71 FR 69036, Nov. 29, 2006; 86 FR 12547, Mar. 4, 2021]\n\n\n§ 0.314 Additional authority delegated.\nThe Regional Directors are delegated authority to act upon applications, requests, or other matters, which are not in\nhearing status, and direct the following activities necessary to conduct investigations or inspections:\n\n (a) On informal requests from broadcast stations to extend temporary authority for operation without\n monitors, plate ammeter, plate volmeter, base current meter, common point meter, and transmission line\n meter from FM and television stations.\n\n (b) To act on and make determinations on behalf of the Commission regarding requests for assignments and\n reassignments of priorities under the Telecommunications Service Priority System, part 64 of the rules,\n when circumstances require immediate action and the common carrier seeking to provide service states\n that it cannot contact the National Communications System or the Commission office normally\n responsible for such assignments. To the extent possible, all such actions and determinations shall be\n made in coordination with the Public Safety and Homeland Security Bureau.\n\n (c) Require special equipment and program tests during inspections or investigations to determine\n compliance with technical requirements specified by the Commission.\n\n (d) Require stations to operate with the pre-sunrise and nighttime facilities during daytime hours in order that\n an inspection or investigation may be made by an authorized Commission representative to determine\n operating parameters.\n\n (e) Issue notices and orders to operators of industrial, scientific, and medical (ISM) equipment, as provided in\n § 18.115 of this chapter.\n\n (f) Act on requests for permission to resume operation of ISM equipment on a temporary basis, as provided\n by § 18.115 of this chapter, and requests for extensions of time within which to file final reports, as\n provided by § 18.117 of this chapter.\n\n\n47 CFR 0.314(f) (enhanced display) page 54 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.314(g)\nCommission Organization\n\n\n (g) Issue notices and orders to operators of part 15 devices, as provided in § 15.5 of this chapter.\n\n (h) Issue notices and orders to suspend operations to multi-channel video programming distributors, as\n provided in § 76.613 of this chapter.\n\n (i) Issue notices and orders to suspend operations to part 74 licensees, as provided in § 74.23 of this\n chapter.\n\n[64 FR 60721, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002; 71 FR 69036, Nov. 29, 2006; 78 FR 23151, Apr. 18, 2013;\n80 FR 53749, Sept. 8, 2015]\n\n\n§ 0.317 Record of action taken.\nThe application, authorization, and other appropriate files of the Enforcement Bureau are designated as the\nCommission's official records of action taken pursuant to authority delegated under §§ 0.311 and 0.314, and shall\nconstitute the official Commission minutes entry of such actions. The official records of action are maintained by\nthe Reference Information Center.\n\n[88 FR 21431, Apr. 10, 2023]\n\n\n WIRELESS TELECOMMUNICATIONS BUREAU\n\n§ 0.331 Authority delegated.\nThe Chief, Wireless Telecommunications Bureau, is hereby delegated authority to perform all functions of the\nBureau, described in § 0.131, subject to the exceptions and limitations in paragraphs (a) through (d) of this section,\nand also the functions described in paragraph (e) of this section.\n\n (a) Authority concerning applications.\n\n (1) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any radio\n applications that are in hearing status.\n\n (2) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any complaints,\n petitions or requests, whether or not accompanied by an application, when such complaints,\n petitions or requests present new or novel questions of law or policy which cannot be resolved under\n outstanding Commission precedents and guidelines.\n\n (b) Authority concerning forfeitures and penalties. The Chief, Wireless Telecommunications Bureau, shall not\n have authority to impose, reduce, or cancel forfeitures pursuant to the Communications Act of 1934, as\n amended, and imposed under regulations in this chapter in amounts of more than $80,000 for\n commercial radio providers and $20,000 for private radio providers.\n\n (c) Authority concerning applications for review. The Chief, Wireless Telecommunications Bureau, shall not\n have authority to act upon any applications for review of actions taken by the Chief of the Wireless\n Telecommunications Bureau pursuant to any delegated authority, except that the Chief may dismiss any\n such application that does not contain any statement required under § 1.115(a) or (b) of this chapter, or\n does not comply with the filing requirements of § 1.115 (d) or (f) of this chapter.\n\n\n\n\n47 CFR 0.331(c) (enhanced display) page 55 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.331(d)\nCommission Organization\n\n\n (d) Authority concerning rulemaking proceedings. The Chief, Wireless Telecommunications Bureau shall not\n have the authority to act upon notices of proposed rulemaking and inquiry, final orders in rulemaking\n proceedings and inquiry proceedings, and reports arising from any of the foregoing except such orders\n involving ministerial conforming amendments to rule parts, or orders conforming any of the applicable\n rules to formally adopted international conventions or agreements where novel questions of fact, law, or\n policy are not involved. Orders conforming any of the applicable rules in part 17 of this chapter to rules\n formally adopted by the Federal Aviation Administration also need not be referred to the Commission if\n they do not involve novel questions of fact, law, or policy. In addition, revisions to the airport terminal use\n list in § 90.35(c)(61) of this chapter and revisions to the Government Radiolocation list in § 90.371(b) of\n this chapter need not be referred to the Commission. Adoption of certain technical standards applicable\n to hearing aid compatibility under § 20.19 of this chapter made together with the Chief of the Office of\n Engineering and Technology, as specified in § 20.19(k) of this chapter, also need not be referred to the\n Commission. Also, the addition of new Marine VHF frequency coordination committee(s) to § 80.514 of\n this chapter need not be referred to the Commission if they do not involve novel questions of fact, policy\n or law, as well as requests by the United States Coast Guard to:\n\n (1) Designate radio protection areas for mandatory Vessel Traffic Services (VTS) and establish marine\n channels as VTS frequencies for these areas; or\n\n (2) Designate regions for shared commercial and non-commercial vessel use of VHF marine\n frequencies.\n\n (3) Designate by footnote to frequency table in § 80.373(f) of this chapter marine VHF frequencies are\n available for intership port operations communications in defined port areas.\n\n (e) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the\n Office of Engineering and Technology to administer provisions of § 15.713(h)(8) of this chapter pertaining\n to the registration of event sites where large numbers of wireless microphones that operate on\n frequencies specified in § 74.802 of this chapter are used.\n\n (f) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the\n Office of Engineering and Technology to administer the Spectrum Access System (SAS) and SAS\n Administrator functions set forth in part 96 of this chapter. The Chief is delegated authority to develop\n specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to\n develop procedures that these SAS Administrators will use to ensure compliance with the requirements\n for SAS operation; to make determinations regarding the continued acceptability of individual SAS\n Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is\n delegated the authority to perform these same functions with regard to the Environmental Sensing\n Capability.\n\n[60 FR 35506, July 10, 1995, as amended at 61 FR 26465, May 28, 1996; 62 FR 40285, July 28, 1997; 65 FR 43715, July 14, 2000;\n67 FR 63284, Oct. 11, 2002; 69 FR 46440, Aug. 3, 2004; 73 FR 25587, May 7, 2008; 75 FR 75835, Dec. 6, 2010; 79 FR 56984, Sept.\n24, 2014; 80 FR 36218, June 23, 2015; 85 FR 34527, June 5, 2020; 86 FR 12547, Mar. 4, 2021]\n\n\n§ 0.332 Actions taken under delegated authority.\nIn discharging the authority conferred by § 0.331, the Chief, Wireless Telecommunications Bureau, shall establish\nworking relationships with other bureaus and staff offices to assure the effective coordination of actions taken in\nthe following areas of joint responsibility:\n\n (a) [Reserved]\n47 CFR 0.332(a) (enhanced display) page 56 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.332(b)\nCommission Organization\n\n\n (b) Requests for waiver of tower painting and lighting specifications—Enforcement Bureau.\n\n (c) Matters involving public safety, homeland security, national security, emergency management and\n preparedness, and disaster management communications—the Public Safety and Homeland Security\n Bureau.\n\n (d) Complaints involving equal employment opportunities—Office of General Counsel.\n\n (e) Requests for use of frequencies or bands of frequencies shared with broadcast, common carrier, or\n government services—Office of Engineering and Technology and appropriate operating bureau.\n\n (f) Requests involving coordination with other Federal or state agencies when appropriate—Office of General\n Counsel, Office of Engineering and Technology or operating bureau.\n\n (g) Proposals involving possible harmful impact on radio astronomy or radio research installations—Office of\n Engineering and Technology.\n\n[40 FR 4423, Jan. 30, 1975, as amended at 44 FR 11070, Feb. 27, 1979; 44 FR 39180, July 5, 1979; 50 FR 27953, July 9, 1985; 51\nFR 12615, Apr. 14, 1986; 51 FR 20290, June 4, 1986; 52 FR 5288, Feb. 20, 1987; 59 FR 26971, May 25, 1994; 60 FR 5325, Jan. 27,\n1995; 60 FR 35507, July 10, 1995; 61 FR 8477, Mar. 5, 1996; 64 FR 60722, Nov. 8, 1999; 71 FR 69037, Nov. 29, 2006]\n\n\n§§ 0.333-0.337 [Reserved]\n\n ADMINISTRATIVE LAW JUDGES\n\n§ 0.341 Authority of Administrative Law Judges and other presiding officers.\n (a) After a presiding officer (other than the Commission) has been designated to conduct a hearing\n proceeding, and until he or she has issued an initial decision or certified the record to the Commission for\n decision, or the proceeding has been transferred to another presiding officer, all motions, petitions and\n other matters that may arise during the proceeding shall be acted upon by such presiding officer, except\n those which are to be acted upon by the Commission. See § 1.291(a)(1) of this chapter.\n\n (b) Any question which would be acted upon by the presiding officer if it were raised by the parties to the\n proceeding may be raised and acted upon by the presiding officer on his or her own motion.\n\n (c) Any question which would be acted upon by the presiding officer (other than the Commission) may be\n certified to the Commission on the presiding officer's own motion.\n\n (d) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a\n presiding officer pursuant to the provisions of this section shall be recorded in writing and filed in the\n official record of the proceeding.\n\n (e) The presiding officer may waive any rule governing the conduct of Commission hearings upon motion or\n upon the presiding officer's own motion for good cause, subject to the provisions of the Administrative\n Procedure Act and the Communications Act of 1934, as amended.\n\n (f) The presiding officer may issue such orders and conduct such proceedings as will best conduce to the\n proper dispatch of business and the ends of justice.\n\n (g)\n\n\n\n\n47 CFR 0.341(g) (enhanced display) page 57 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.341(g)(1)\nCommission Organization\n\n\n (1) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media\n Bureau refers to a presiding officer for an initial decision, the presiding officer shall release an initial\n decision in compliance with one of the following deadlines:\n\n (i) 240 calendar days after a party informs the presiding officer that it elects not to pursue\n alternative dispute resolution as set forth in § 76.7(g)(2) of this chapter; or\n\n (ii) If the parties have mutually elected to pursue alternative dispute resolution pursuant to §\n 76.7(g)(2) of this chapter, within 240 calendar days after the parties inform the presiding officer\n that they have failed to resolve their dispute through alternative dispute resolution.\n\n (2) The presiding officer may toll these deadlines under the following circumstances:\n\n (i) If the complainant and defendant jointly request that the presiding officer toll these deadlines in\n order to pursue settlement discussions or alternative dispute resolution or for any other reason\n that the complainant and defendant mutually agree justifies tolling; or\n\n (ii) If complying with the deadline would violate the due process rights of a party or would be\n inconsistent with fundamental fairness; or\n\n (iii) In extraordinary situations, due to a lack of adjudicatory resources available at the time.\n\n[85 FR 63171, Oct. 6, 2020]\n\n\n§ 0.347 Record of actions taken.\nThe record of actions taken by a presiding officer, including initial and recommended decisions and actions taken\npursuant to § 0.341, is available through the Commission's Electronic Comment Filing System (ECFS). ECFS serves\nas the repository for records in the Commission's docketed proceedings from 1992 to the present. The public may\nuse ECFS to retrieve all such records, as well as selected pre-1992 documents. The Office of the Secretary\nmaintains copies of documents that include nonpublic information.\n\n[85 FR 63171, Oct. 6, 2020]\n\n\n§ 0.351 Authority delegated.\n (a) The Chief, Office of International Affairs, is hereby delegated the authority to perform the functions and\n activities described in § 0.19, including without limitation the following:\n\n (1) To assume the principal representational role on behalf of the Commission in international\n conferences, meetings, and negotiations, and direct Commission preparation for such conferences,\n meetings, and negotiations with other Bureaus and Offices, as appropriate.\n\n (2) To administer Commission participation in the International Telecommunication Union (ITU)\n Fellowship telecommunication training program for foreign officials offered through the U.S.\n Telecommunications Training Institute.\n\n (3) In consultation with the affected Bureaus and Offices, to recommend revision of Commission rules\n and procedures as appropriate to conform to the outcomes of international conferences,\n agreements, or treaties.\n\n\n\n\n47 CFR 0.351(a)(3) (enhanced display) page 58 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.351(a)(4)\nCommission Organization\n\n\n (4) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of\n various petitions for policy or rule changes submitted by industry or the public, and to assist the\n Commission in conducting the same.\n\n (5) To administer and enforce the policies and rules on international settlements under part 64 of this\n chapter.\n\n (6) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not\n within the jurisdiction of the Enforcement Bureau.\n\n (7) To conduct studies and compile such data relating to international telecommunications as may be\n necessary for the Commission to develop and maintain an adequate regulatory program.\n\n (8) To act upon applications for international telecommunications and services pursuant to relevant\n portions of part 63 of this chapter, and coordinate with the Wireline Competition Bureau as\n appropriate.\n\n (9) To act upon applications for cable landing licenses pursuant to § 1.767 of this chapter.\n\n (10) To act upon applications relating to international broadcast station operations, or for permission to\n deliver programming to foreign stations, under part 73 of this chapter.\n\n (11) To administer and make available on a public website, a standardized set of national security and\n law enforcement questions for the categories of information set forth in part 1, subpart CC, of this\n chapter.\n\n (12) To act upon requests for designation of Recognized Private Operating Agency (RPOA) status under\n part 63 of this chapter.\n\n (13) Overseeing a team of staff from the FCC's Bureaus and Offices for the purposes of developing\n Commission positions related to international standard setting issues; collaborating on behalf of the\n FCC with other Federal agencies on international standard setting issues; and serving as the\n Chairperson's primary point of contact to develop goals and facilitate strategic decisions about FCC\n engagement in international standard setting efforts.\n\n (14) To administer portions of part 2 of this chapter dealing with international treaties and call sign\n provisions, and to make call sign assignments, individually and in blocks, to U.S. government\n agencies and FCC operating bureaus.\n\n (15) To make technical and ministerial edits to the rules adopted in the 2016 Report and Order in the\n review of foreign ownership policies for broadcast, common carrier, and aeronautical radio licensees\n to ensure that the Commission's rules continue to refer to the correct Securities and Exchange\n Commission rules and forms. 31 FCC Rcd 11272.\n\n (b) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Office of International\n Affairs, shall not have authority:\n\n (1) To act on any application, petition, pleading, complaint, enforcement matter, or other request that:\n\n (i) Presents new or novel arguments not previously considered by the Commission;\n\n (ii) Presents facts or arguments which appear to justify a change in Commission policy; or\n\n (iii) Cannot be resolved under outstanding precedents and guidelines after consultation with\n appropriate Bureaus or Offices.\n\n47 CFR 0.351(b)(1)(iii) (enhanced display) page 59 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.351(b)(2)\nCommission Organization\n\n\n (2) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from\n rulemaking or inquiry proceedings;\n\n (3) To act upon any application for review of actions taken by the Chief, Office of International Affairs,\n pursuant to delegated authority, except that the Chief of the Office of International Affairs may\n dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of\n this chapter, or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter;\n\n (4) To act upon any formal or informal radio application or section 214 application for common carrier\n services which is in hearing status;\n\n (5) To designate for hearing any applications except applications for facilities where the issues\n presented relate solely to whether the applicant has complied with outstanding precedents and\n guidelines; or\n\n (6) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the\n Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier\n providers and $20,000 for non-common carrier providers.\n\n[88 FR 21431, Apr. 10, 2023]\n\n\n§ 0.352 Record of actions taken.\nThe application and authorization files and other appropriate files of the Office of International Affairs are\ndesignated as the Commission's official records of action of the Chief, Office of International Affairs, pursuant to\nauthority delegated to the Chief. The official records of action are maintained in the Reference Information Center.\n\n[88 FR 21431, Apr. 10, 2023]\n\n\n CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU\n\n§ 0.361 Authority delegated.\nThe Chief, Consumer and Governmental Affairs Bureau, is delegated authority to perform all functions of the\nBureau, described in § 0.141, provided that the following matters shall be referred to the Commission en banc for\ndisposition:\n\n (a) Notices of proposed rulemaking and of inquiry and final orders in such proceedings.\n\n (b) Application for review of actions taken pursuant to delegated authority, except that the Chief of Consumer\n and Governmental Affairs Bureau may dismiss any such application that does not contain any statement\n required under § 1.115(a) or (b) of this chapter, or does not comply with the filing requirements of §\n 1.115(d) or (f) of this chapter.\n\n (c) Matters that present novel questions of law, fact or policy that cannot be resolved under existing\n precedents and guidelines.\n\n[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002; 86 FR 12547, Mar. 4, 2021]\n\n\n OFFICE OF COMMUNICATIONS BUSINESS OPPORTUNITIES\n\n47 CFR 0.361(c) (enhanced display) page 60 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.371\nCommission Organization\n\n\n§ 0.371 Authority delegated.\nThe Director, Office of Communications Business Opportunities, or his/her designee, is hereby delegated authority\nto:\n\n (a) Manage the Commission's compliance with the Regulatory Flexibility Act and the Small Business\n Regulatory Enforcement Fairness Act;\n\n (b) Develop the Commission's goals and objectives regarding increased opportunities for small entities,\n women, and minorities;\n\n (c) Collect and analyze data on the Commission's efforts toward ensuring full consideration of the interests\n of small entities, women, and minorities;\n\n (d) Prepare and release reports on the opportunities available and obstacles faced by small entities, women,\n and minorities in the communications industry;\n\n (e) Conduct studies and collect data on the issues and problems faced by small entities, women, and\n minorities in the communications industry;\n\n (f) Assume representational role on behalf of the Commission before other federal agencies and at\n conferences, meetings, and hearings regarding small entities, women, and minorities in the\n communications industry;\n\n (g) Develop programs and strategies designed to increase competition, employment opportunities and\n diversity of viewpoint through the promotion of ownership by small entities, women, and minorities;\n\n (h) Manage the Commission's efforts to increase the awareness of small entities, women, and minorities and\n to ensure that all available information is accessible to the same.\n\n[69 FR 7377, Feb. 17, 2003]\n\n\n NATIONAL SECURITY AND EMERGENCY PREPAREDNESS DELEGATIONS\n\n§ 0.381 Defense Commissioner.\nThe authority delegated to the Commission under Executive Orders 12472 and 12656 is redelegated to the Defense\nCommissioner.\n\n[69 FR 30234, May 27, 2004]\n\n\n§ 0.383 Emergency Relocation Board, authority delegated.\n (a) During any period in which the Commission is unable to function because of the circumstances set forth\n in § 0.186(b), all work, business or functions of the Federal Communications Commission arising under\n the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation\n Board.\n\n (b) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order,\n certify, report or otherwise act as to any of the said work, business or functions so assigned or referred to\n it, and in respect thereof shall have all the jurisdiction and powers conferred by law upon the Commission,\n and be subject to the same duties and obligations.\n\n47 CFR 0.383(b) (enhanced display) page 61 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.383(c)\nCommission Organization\n\n\n (c) Any order, decision or report made or other action taken by the said Board in respect of any matters so\n assigned or referred shall have the same effect and force, and may be made, evidenced, and enforced in\n the same manner, as if made or taken by the Commission.\n\n[28 FR 12402, Nov. 22, 1963, as amended at 33 FR 8228, June 1, 1968; 53 FR 29055, Aug. 2, 1988]\n\n\n§ 0.387 Other national security and emergency preparedness delegations; cross reference.\nFor authority of the Chief of the Public Safety and Homeland Security Bureau to declare a temporary\ncommunications emergency, see § 0.191(o).\n\n[71 FR 69037, Nov. 29, 2006]\n\n\n OFFICE OF WORKPLACE DIVERSITY\n\n§ 0.391 Authority delegated.\nThe Director, Office of Workplace Diversity, or his/her designee, is hereby delegated authority to:\n\n (a) Manage the Commission's internal EEO compliance program pursuant to Title VII of the Civil Rights Act of\n 1964, as amended, the Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act\n of 1967, as amended, the Equal Pay Act, and other applicable laws, rules, regulations, and Executive\n Orders, with authority that includes appointing EEO counselors, investigators, and mediators; investigating\n complaints of employment discrimination, and recommending to the Chairperson final agency decisions\n on EEO complaints;\n\n (b) Mediate EEO complaints;\n\n (c) Develop the Commission's affirmative action goals and objectives;\n\n (d) Collect and analyze data on the Commission's affirmative action and EEO activities and accomplishments;\n\n (e) Prepare and release reports on EEO, affirmative action, workplace diversity, and related subjects;\n\n (f) Review personnel activities, including hiring, promotions, discipline, training, awards, and performance\n recognition for conformance with EEO and workplace diversity goals, objectives and requirements;\n\n (g) Conduct studies and collect data on workplace diversity issues and problems;\n\n (h) Assume representational role on behalf of the Commission at conferences, meetings, and negotiations on\n EEO and workplace diversity issues;\n\n (i) Develop programs and strategies designed to foster and encourage fairness, equality, and inclusion of all\n employees in the workforce.\n\n[61 FR 2728, Jan. 29, 1996, as amended at 88 FR 21431, Apr. 10, 2023]\n\n\n PUBLIC SAFETY AND HOMELAND SECURITY BUREAU\n\n\n\n\n47 CFR 0.391(i) (enhanced display) page 62 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.392\nCommission Organization\n\n\n§ 0.392 Authority delegated.\nThe Chief, Public Safety and Homeland Security Bureau, is hereby delegated authority to perform all functions of the\nBureau, described in §§ 0.191 and 0.192, subject to the following exceptions and limitations in paragraphs (a)\nthrough (e) of this section.\n\n (a) The Chief, Public Safety and Homeland Security Bureau shall not have authority to act on any applications\n or requests that present novel questions of fact, law or policy that cannot be resolved under outstanding\n precedents and guidelines.\n\n (b) The Public Safety and Homeland Security Bureau shall not have authority to act upon any applications for\n review of actions taken by the Chief, Public Safety and Homeland Security Bureau, pursuant to any\n delegated authority, except that the Chief of the Public Safety and Homeland Security Bureau may dismiss\n any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter,\n or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter.\n\n (c) The Public Safety and Homeland Security Bureau shall not have authority to act upon any formal or\n informal radio application or section 214 application for common carrier services which is in hearing\n status.\n\n (d) The Public Safety and Homeland Security Bureau shall not have authority to impose, reduce, or cancel\n forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in\n amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier\n providers.\n\n (e) The Chief, Public Safety and Homeland Security Bureau shall not have authority to issue notices of\n proposed rulemaking, notices of inquiry, or reports or orders arising from either of the foregoing except\n such orders involving ministerial conforming amendments to rule parts, or orders conforming any of the\n applicable rules to formally adopted international conventions or agreements where novel questions of\n fact, law, or policy are not involved.\n\n (f) The Chief, Public Safety and Homeland Security Bureau or her/his designee has the authority to rule on\n emergency requests for Special Temporary Authority during non-business hours. Action on emergency\n requests for Special Temporary Authority during non-business hours shall be promptly reported to the\n responsible Bureau or Office.\n\n (g) [Reserved]\n\n (h) The Chief, Public Safety and Homeland Security Bureau or her/his designee is authorized to issue non-\n hearing related subpoenas for the attendance and testimony of witnesses and the production of books,\n papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other\n records deemed relevant to the investigation of matters within the jurisdiction of the Public Safety and\n Homeland Security Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of the Office\n of General Counsel.\n\n (i) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the\n communications disruption reporting requirements contained in part 4 of this chapter and to revise the\n filing system and template used for the submission of such communications disruption reports.\n\n\n\n\n47 CFR 0.392(i) (enhanced display) page 63 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.392(j)\nCommission Organization\n\n\n (j) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the\n communications reliability and redundancy rules and policies contained in part 9, subpart H, of this\n chapter, develop and revise forms and procedures as may be required for the administration of part 9,\n subpart H, of this chapter, review certifications filed in connection therewith, and order remedial action on\n a case-by-case basis to ensure the reliability of 911 service in accordance with such rules and policies.\n\n[71 FR 69037, Nov. 29, 2006, as amended at 72 FR 39760, July 20, 2007; 73 FR 9463, Feb. 21, 2008; 75 FR 28207, May 20, 2010;\n75 FR 78169, Dec. 15, 2010; 79 FR 3130, Jan. 17, 2014; 86 FR 12547, Mar. 4, 2021]\n\n\nSubpart C—General Information\n\n GENERAL\n\n§ 0.401 Location of Commission offices.\nThe Commission maintains several offices and receipt locations. Applications and other filings not submitted in\naccordance with the addresses or locations set forth below will be returned to the applicant without processing.\nWhen an application or other filing does not involve the payment of a fee, the appropriate filing address or location\nis established elsewhere in the rules for the various types of submissions made to the Commission. The public\nshould identify the correct filing location by reference to these rules. Applications or submissions requiring fees\nmust be submitted in accordance with § 0.401(b) of the rules irrespective of the addresses that may be set out\nelsewhere in the rules for other submissions.\n\n (a) General correspondence, as well as applications and filings not requiring the fees set forth at part 1,\n subpart G of the rules (or not claiming an exemption, waiver or deferral from the fee requirement), should\n be delivered to one of the following locations.\n\n (1) The main office of the Commission is located at 45 L Street NE, Washington, DC 20554.\n\n (i) Documents submitted by mail to this office should be addressed to: Federal Communications\n Commission, Washington, DC 20554.\n\n (ii) All hand-carried documents should be addressed to the Commission's Secretary, Office of the\n Secretary, Federal Communications Commission and delivered to 9050 Junction Drive,\n Annapolis Junction, MD 20701.\n\n (iii) Electronic filings, where required, recommended, or permitted, must be transmitted as specified\n by the Commission or relevant Bureau or Office.\n\n (2) The Commission's laboratory is located near Columbia, Maryland. The mailing address is:\n\n Federal Communications Commission, Equipment Authorization Division, 7435 Oakland Mills Road,\n Columbia, MD 21046\n\n (3) The Commission also maintains offices at Gettysburg, PA.\n\n (i) The address of the Wireless Telecommunications Bureau's licensing facilities are:\n\n (A) Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325–7245;\n and\n\n\n\n47 CFR 0.401(a)(3)(i)(A) (enhanced display) page 64 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.401(a)(3)(i)(B)\nCommission Organization\n\n\n (B) Federal Communications Commission, Wireless Telecommunications Bureau, Washington,\n DC 20554.\n\n (ii) The mailing address of the International Telecommunications Section of the Finance Branch is:\n Federal Communications Commission, P.O. Box IT–70, Gettysburg, PA 17326.\n\n (4) For the locations of the field offices, contact the Enforcement Bureau.\n\n (5) The location of the Office of General Counsel is 45 L Street NE, Washington, DC 20554.\n\n (b) Applications or filings requiring the fees set forth at part 1, subpart G of the rules must be delivered\n through the appropriate electronic filing system with the correct fee and completed Fee Form attached to\n the application or filing, unless otherwise directed by the Commission. In the case of any conflict between\n this rule subpart and other rules establishing filing locations for submissions subject to a fee, this subpart\n shall govern.\n\n\n Note to paragraph (b) introductory text: Applicants seeking a waiver or deferral of fees must\n submit their application or filing in accordance with the addresses set forth below. Applicants\n claiming a statutory exemption from the fees should file their applications in accordance with\n paragraph (a) of this section.\n\n (1) Applications and filings submitted by mail shall be submitted following the procedures set forth by\n the Commission in the appropriate fee rules.\n\n\n Note to paragraph (b)(1): Wireless Telecommunications Bureau applications that require\n frequency coordination by certified coordinators must be submitted to the appropriate\n certified frequency coordinator before filing with the Commission. After coordination, the\n applications are filed with the Commission as set forth herein. (See §§ 90.127 and 90.175 of\n this chapter.)\n\n (2) Alternatively, applications and other filings may be sent electronically via the Universal Licensing\n System (ULS) or the Cable Operations and Licensing System (COALS) as appropriate for use of\n those systems.\n\n[52 FR 10227, Mar. 31, 1987]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 0.401, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 0.403 Office hours.\nThe main offices of the Commission are open from 8 a.m. to 5:30 p.m., Monday through Friday, excluding legal\nholidays, unless otherwise stated.\n\n[52 FR 10228, Mar. 31, 1987]\n\n\n\n\n47 CFR 0.403 (enhanced display) page 65 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.405\nCommission Organization\n\n\n§ 0.405 Statutory provisions.\nThe following statutory provisions, among others, will be of interest to persons having business with the\nCommission:\n\n (a) The Federal Communications Commission was created by the Communications Act of 1934, 48 Stat.\n 1064, June 19, 1934, as amended, 47 U.S.C. 151–609.\n\n (b) The Commission exercises authority under the Submarine Cable Landing Act, 42 Stat. 8, May 27, 1921, 47\n U.S.C. 34–39. See section 5 of Executive Order 10530, 19 FR 2709, May 10, 1954, as amended, 3 CFR,\n 1965 ed., p. 463.\n\n (c) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419,\n August 31, 1962, 47 U.S.C. 701–744.\n\n (d) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as\n amended, originally codified as 5 U.S.C. 1001–1011. Pursuant to Pub. L. 89–554, September 6, 1966, 80\n Stat. 378, the provisions of the Administrative Procedure Act now appear as follows in the Code:\n\n Administrative Procedure Act 5 U.S.C.\n Sec. 2–9 551–558\n Sec. 10 701–706\n Sec. 11 3105, 7521, 5362, 1305\n Sec. 12 559\n\n\n[32 FR 10570, July 19, 1967]\n\n\n§ 0.406 The rules and regulations.\nPersons having business with the Commission should familiarize themselves with those portions of its rules and\nregulations pertinent to such business. All of the rules have been published and are readily available. See §§\n0.411(b), 0.412, and 0.415. For the benefit of those who are not familiar with the rules, there is set forth in this\nsection a brief description of their format and contents.\n\n (a) Format. The rules are set forth in the Code of Federal Regulations as chapter I of title 47. Chapter I is\n divided into parts numbered from 0–99. Each part, in turn, is divided into numbered sections. To allow for\n the addition of new parts and sections in logical sequence, without extensive renumbering, parts and\n sections are not always numbered consecutively. Thus, for example, part 2 is followed by part 5, and § 1.8\n is followed by § 1.10; in this case, parts 3 and 4 and § 1.9 have been reserved for future use. In numbering\n sections, the number before the period is the part number; and the number after the period locates the\n section within that part. Thus, for example, § 1.1 is the first section of part 1 and § 5.1 is the first section\n in part 5. Except in the case of accounting regulations (parts 31–35), the period should not be read as a\n decimal point; thus, § 1.511 is not located between §§ 1.51 and 1.52 but at a much later point in the rules.\n In citing the Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is to § 5.1 (in part 5) of\n chapter I of title 47 of the Code, and permits the exact location of that rule. No citation to other rule units\n (e.g., subpart or chapter) is needed.\n\n\n\n\n47 CFR 0.406(a) (enhanced display) page 66 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.406(b)\nCommission Organization\n\n\n (b) Contents. Parts 0–19 of the rules have been reserved for provisions of a general nature. Parts 20–69 of\n this chapter have been reserved for provisions pertaining to common carriers. Parts 20–29 and 80–109\n of this chapter have been reserved for provisions pertaining to the wireless telecommunications services.\n In the rules pertaining to common carriers, parts 20–25 and 80–99 of this chapter pertain to the use of\n radio; In the rules pertaining to common carriers, parts 21, 23, and 25 of this chapter pertain to the use of\n radio; parts 31–66 of this chapter pertain primarily to telephone and telegraph companies. Persons\n having business with the Commission will find it useful to consult one or more of the following parts\n containing provisions of a general nature in addition to the rules of the radio or wire communication\n service in which they are interested:\n\n (1) Part 0, Commission organization. Part 0 describes the structure and functions of the Commission,\n lists delegations of authority to the staff, and sets forth information designed to assist those\n desiring to obtain information from, or to do business with, the Commission. This part is designed,\n among other things, to meet certain of the requirements of the Administrative Procedure Act, as\n amended.\n\n (2) Part 1 of this chapter, practice and procedure. Part 1, subpart A, of this chapter contains the general\n rules of practice and procedure. Except as expressly provided to the contrary, these rules are\n applicable in all Commission proceedings and should be of interest to all persons having business\n with the Commission. Part 1, subpart A of this chapter also contains certain other miscellaneous\n provisions. Part 1, subpart B, of this chapter contains the procedures applicable in formal hearing\n proceedings (see § 1.201 of this chapter). Part 1, subpart C, of this chapter contains the procedures\n followed in making or revising the rule or regulations. Part 1, subpart D, of this chapter contains rules\n applicable to applications for licenses in the Broadcast Radio Services, including the forms to be\n used, the filing requirements, the procedures for processing and acting upon such applications, and\n certain other matters. Part 1, subpart E, of this chapter contains general rules and procedures\n applicable to common carriers. Part 1, subpart F, of this chapter contain rules applicable to\n applications for licenses in the Wireless Telecommunications Bureau services, including the forms\n to be used, the filing requirements, the procedures for processing and acting on such applications,\n and certain other matters. Part 1, subpart F, of this chapter contains rules applicable to applications\n for licenses in the Private Radio Services, including the forms to be used, the filing requirements, the\n procedures for processing and acting on such applications, and certain other matters. Part 1,\n subpart G, of this chapter contains rules pertaining to the application processing fees established by\n the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99–272, 100 Stat. 82 (1986))\n and also contains rules pertaining to the regulatory fees established by the Omnibus Budget\n Reconciliation Act of 1993 (Pub. L. 103–66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter,\n concerning ex parte presentations, sets forth standards governing communications with\n commission personnel in hearing proceedings and contested application proceedings. Part 1,\n subparts G and H, of this chapter will be of interest to all regulatees, and part 1, subpart H, of this\n chapter will, in addition, be of interest to all persons involved in hearing proceedings.\n\n (3) Part 2, frequency allocations and radio treaty matters; general rules and regulations. Part 2 will be of\n interest to all persons interested in the use of radio. It contains definitions of technical terms used in\n the rules and regulations; provisions governing the allocation of radio frequencies among the\n numerous uses made of radio (e.g., broadcasting, land mobile) and radio services (e.g., television,\n public safety), including the Table of Frequency Allocations (§ 2.106); technical provisions dealing\n with emissions; provisions dealing with call signs and emergency communications; provisions\n governing authorization of radio equipment; and a list of treaties and other international agreements\n pertaining to the use of radio.\n\n47 CFR 0.406(b)(3) (enhanced display) page 67 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.406(b)(4)\nCommission Organization\n\n\n (4) Part 5, experimental radio service. Part 5 provides for the temporary use of radio frequencies for\n research in the radio art, for communications involving other research projects, for the development\n of equipment, data, or techniques, and for the conduct of equipment product development or market\n trials.\n\n (5) Part 13, commercial radio operators. Part 13 describes the procedures to be followed in applying for\n a commercial operator license, including the forms to be used and the examinations given, and sets\n forth rules governing licensed operators. It will be of interest to applicants for such licenses, licensed\n operators, and the licensees of radio stations which may be operated only by persons holding a\n commercial radio operator license.\n\n (6) Part 15, radio frequency devices. Part 15 contains regulations designed to prevent harmful\n interference to radio communication from radio receivers and other devices which radiate radio\n frequency energy, and provides for the certification of radio receivers. It also provides for the\n certification of low power transmitters and for the operation of certificated transmitters without a\n license.\n\n (7) Part 17, construction, marking, and lighting of antenna structures. Part 17 contains criteria for\n determining whether applications for radio towers require notification of proposed construction to\n the Federal Aviation Administration, and specifications for obstruction marking and lighting of\n antenna structures.\n\n (8) Part 18, industrial, scientific and medical equipment. Part 18 contains regulations designed to\n prevent harmful interference to radio communication from ultrasonic equipment, industrial heating\n equipment, medical diathermy equipment, radio frequency stabilized arc welders, and other\n equipment which uses radio energy for purposes other than communication.\n\n (9) Part 19, employee responsibilities and conduct. Part 19 prescribes standards of conduct for the\n members and staff of the Commission.\n\n[32 FR 10571, July 19, 1967, as amended at 32 FR 12180, Aug. 24, 1967; 37 FR 20553, Sept. 30, 1972; 52 FR 5288, Feb. 20, 1987;\n58 FR 13021, Mar. 9, 1993; 59 FR 30998, June 16, 1994; 60 FR 35507, July 10, 1995; 63 FR 36596, July 7, 1998; 78 FR 25160, Apr.\n29, 2013]\n\n\n§ 0.408 OMB Control Numbers and expiration dates assigned pursuant to the Paperwork\nReduction Act of 1995.\nOMB control numbers and expiration dates for the Commission information collection requirements assigned by\nthe Office of Management and Budget (“OMB”) pursuant to the Paperwork Reduction Act of 1995, Public Law\n104–13 can be found at https://www.reginfo.gov/public/do/PRAMain. The Commission intends that this posting\ncomply with the requirement that agencies “display” current OMB control numbers and expiration dates assigned by\nthe Director, OMB, for each approved information collection requirement. Notwithstanding any other provisions of\nlaw, no person shall be subject to any penalty for failing to comply with a collection of information subject to the\nPaperwork Reduction Act (PRA) that does not display a currently valid OMB control number. Questions concerning\nthe OMB control numbers and expiration dates should be directed to the Secretary, Office of the Secretary, Office of\nManaging Director, Federal Communications Commission, Washington, DC 20554 by sending an email to\nPRA@fcc.gov.\n\n[88 FR 21431, Apr. 10, 2023]\n\n\n\n47 CFR 0.408 (enhanced display) page 68 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.409\nCommission Organization\n\n\n§ 0.409 Commission policy on private printing of FCC forms.\nThe Commission has established a policy regarding the printing of blank FCC forms by private companies if they\nelect to do so as a matter of expediency and convenience to their clients or consumers. The policy is as follows:\n\n (a) Blank FCC forms may be reproduced by private companies at their own expense provided the following\n conditions are met:\n\n (1) Use a printing process resulting in a product that is at least comparable in quality to the original\n document, without change to the page size, image size, configuration of pages, folds or perforations,\n and matching as closely as possible the paper weight, paper color and ink color.\n\n (2) Delete in its entirety any and all U.S. Government Printing Office (GPO) indicia that may appear in the\n margin(s).\n\n (3) If the printer wishes to identify a foreign country in which the forms are printed, a marginal notation\n must be added stating “No U.S. Government funds were used to print this document.”\n\n (4) Do not add to the form any other symbol, word or phrase that might be construed as personalizing\n the form or advertising on it.\n\n (5) Except as specified above, do not delete from or add to any part of the form, or attach anything\n thereto.\n\n (6) Assure that the form being reproduced is an edition currently acceptable by the Commission, which\n will endeavor to keep the public advised of revisions to its forms, but cannot assume responsibility\n to the extent of eliminating any element of risk against the use of obsolete forms.\n\n (b) These guidelines do not apply to forms which respondents may wish to reproduce as completed\n facsimiles on automated equipment to satisfy application or report requirements. Requests for\n permission to submit such forms to the Commission should be addressed to the Office of Managing\n Director.\n\n[53 FR 27861, July 25, 1988]\n\n\n PRINTED PUBLICATIONS\n\n§ 0.411 General reference materials.\nThe following reference materials are available in many libraries and may be purchased from the Superintendent of\nDocuments, U.S. Government Printing Office, Washington, D.C. 20402:\n\n (a) Statutory materials. Laws pertaining to communications are contained in Title 47 of the United States\n Code. Laws enacted since the printing of the last supplement to the Code are printed individually as slip\n laws, and these are compiled chronologically in the United States Statutes at Large. The Acts of Congress\n from 1910–62 pertaining to radio have been compiled in a single volume, Radio Laws of the United States\n (1962 ed.). See §§ 0.405 and 0.414.\n\n (b) Regulatory materials —\n\n\n\n\n47 CFR 0.411(b) (enhanced display) page 69 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.411(b)(1)\nCommission Organization\n\n\n (1) The Code of Federal Regulations. The rules and regulations of the Commission are contained in\n chapter I of title 47 of the Code of Federal Regulations. Chapter I is divided into the following four\n subchapters, which may be purchased separately: Subchapter A—General; Subchapter B—Common\n Carrier Services; Subchapter C—Broadcast Radio Services; and Subchapter D—Private Radio\n Services. Most persons will find that they need subchapter A, containing the general rules, and one\n of the other volumes, depending upon their area of interest. These four volumes are revised annually\n to reflect changes in the rules. See §§ 0.406, 0.412, and 0.415. The Code of Federal Regulations is\n fully indexed and contains numerous finding aids. See 1 CFR appendix C.\n\n (2) The Federal Register. As rules are adopted, amended, or repealed, the changes are published in the\n FEDERAL REGISTER, which is published daily except on legal holidays. Notices of proposed rule making,\n other rule making documents, statements of general policy, interpretations of general applicability,\n and other Commission documents having general applicability and legal effect are also published in\n the FEDERAL REGISTER. Summaries of the full Notices of proposed rule making and other rule making\n decisions adopted by the Commission constitute rulemaking documents for purposes of FEDERAL\n REGISTER publication. The FEDERAL REGISTER is fully indexed and contains numerous findings aids.\n\n[32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979; 51 FR 7444, Mar. 4, 1986]\n\n\n§ 0.413 The Commission's printed publications.\nThe Commission's printed publications are described in §§ 0.414 through 0.420. These publications may be\npurchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.\n\n[64 FR 60722, Nov. 8, 1999]\n\n\n§ 0.414 The Communications Act and other statutory materials.\nThis publication, with packets of revised pages, contains the Communications Act of 1934, with amendments\nthrough 1964; the Administrative Procedure Act, with amendments through 1964; the Judicial Review Act; the\nCommunications Satellite Act of 1962; and selected sections of the Criminal Code pertaining to communications. It\nalso contains indexes to the Communications Act and the Administrative Procedure Act. Persons who do not have\nready access to the United States Code, or who refer frequently to these materials, may find this volume to be\nuseful.\n\n[32 FR 10571, July 19, 1967]\n\n\n§ 0.415 The rules and regulations (looseleaf service).\n (a) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume\n may be purchased separately from the Superintendent of Documents. The purchase price for a volume\n includes a subscription to replacement pages reflecting changes in the rules contained therein until such\n time as the volume is revised. Each volume is revised periodically, depending primarily on the frequency\n with which the rules it contains have been amended. When a volume is revised, the revised volume and\n replacement pages therefor will be furnished to those who renew their subscriptions.\n\n (b) [Reserved]\n\n[41 FR 21449, May 26, 1976, as amended at 45 FR 49935, July 28, 1980; 51 FR 31304, Sept. 2, 1986]\n\n\n47 CFR 0.415(b) (enhanced display) page 70 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.416\nCommission Organization\n\n\n§ 0.416 The Federal Communications Commission Record.\nTexts adopted by the Commission or a member of its staff on delegated authority and released through the Office\nof Media Relations are published in the FCC Record. The FCC Record is published biweekly in pamphlet form. The\npamphlets are available on a subscription basis from the Superintendent of Documents. Each biweekly pamphlet\ncontains a table of contents and current index. A consolidated index is published on a periodic basis.\n\n[64 FR 60722, Nov. 8, 1999]\n\n\n§ 0.417 The Annual Reports.\nAt the end of each fiscal year, the Commission publishes an Annual Report containing general information\nconcerning the Commission and the history of regulation, a summary of developments during the year, and selected\nindustry statistics.\n\n[32 FR 10571, July 19, 1967]\n\n\n§ 0.420 Other Commission publications.\nThe following additional Commission publications may be purchased from the Superintendent of Documents:\n\n (a) Statistics of Communications Common Carriers.\n\n (b) Figure M–3, Estimated AM Ground Conductivity of the United States (set of two maps).\n\n (c) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network\n Study.\n\n[32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979]\n\n\n FORMS AND DOCUMENTS AVAILABLE UPON REQUEST\n\n§ 0.421 Application forms.\nAll forms for use in submitting applications for radio authorization, together with instructions and information as to\nfiling such forms, may be obtained at http://www.fcc.gov/forms. For information concerning the forms to be used\nand filing requirements, see part 1 of this chapter and the appropriate substantive rules.\n\n[80 FR 53749, Sept. 8, 2015]\n\n\n§ 0.422 Current action documents and public notices.\nDocuments adopted by the Commission, public notices and other public announcements are released through the\nOffice of Media Relations. These documents are also available on the Commission's website at www.fcc.gov and\ncan be obtained from the Commission's duplicating contractor.\n\n[64 FR 60722, Nov. 8, 1999]\n\n\n\n\n47 CFR 0.422 (enhanced display) page 71 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.423\nCommission Organization\n\n\n§ 0.423 Information bulletins.\nInformation bulletins and fact sheets containing information about communications issues and the Federal\nCommunications Commission are available on the Commission's web site at www.fcc.gov, ftp.fcc.gov or may be\nrequested from the Consumer and Governmental Affairs Bureau.\n\n[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]\n\n\n LISTS CONTAINING INFORMATION COMPILED BY THE COMMISSION\n\n§ 0.431 The FCC service frequency lists.\nLists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by\nmeans of an automated record system. All stations licensed by the Commission are included, except the following:\nAircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting\ndocuments, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency\norder, including station locations, call signs and other technical particulars of each assignment. These documents\nare available for public inspection in Washington, D.C., in the Office of Engineering and Technology. Copies may be\npurchased from the Commission's duplicating contractor. See § 0.465(a).\n\n[64 FR 60722, Nov. 8, 1999]\n\n\n§ 0.434 Data bases and lists of authorized broadcast stations and pending broadcast\napplications.\n\nLink to an amendment published at 89 FR 7243, Feb. 1, 2024.\n\nPeriodically the FCC makes available copies of its data bases and lists containing information about authorized\nbroadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to\nthe TV and FM Table of Allotments. The data bases, and the lists prepared from the data bases, contain\nfrequencies, station locations, and other particulars. The lists are available for public inspection at the FCC's main\noffice, located at the address indicated in § 0.401(a). Many of the databases may be viewed at the Commission's\nwebsite at www.fcc.gov and ftp.fcc.gov under mass media services. Copies of these lists are maintained by the\nReference Information Center. These lists are derived from the data bases and can be used as an alternative\nresearch source to the Broadcast Application Processing System (BAPS).\n\n[88 FR 21432, Apr. 10, 2023]\n\n\n PUBLIC INFORMATION AND INSPECTION OF RECORDS\n\nSource: 74 FR 14078, Mar. 30, 2009, unless otherwise noted.\n\n\n\n\n47 CFR 0.434 (enhanced display) page 72 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.441\nCommission Organization\n\n\n§ 0.441 General.\n (a) Any person desiring to obtain information from the Commission may do so by contacting the Consumer\n and Governmental Affairs Bureau (CGB). Requests for information and general inquiries may be\n submitted by:\n\n (1) Internet at http://www.fcc.gov/consumer-governmental-affairs or http://www.fcc.gov/foia.\n\n (2) Telephone at 1–888–CALL–FCC (1–888–225–5322).\n\n (3) TDD/TDY at 1–888–TELL–FCC (1–888–835–5322).\n\n (4) Correspondence to: Consumer and Governmental Affairs Bureau at the FCC's main office, located at\n the address indicated in § 0.401(a).\n\n (5) Visiting the Reference Information Center located at the address indicated in § 0.401(a).\n\n (b) The Commission's FOIA Public Liaison is available to assist any person requesting information from the\n Commission in resolving any concerns related to a Freedom of Information Act request. Requesters may\n contact the FOIA Public Liaison to seek assistance on resolving disputes related to FOIA requests. See\n http://www.fcc.gov/foia/.\n\n (c) The Office of Government Information Services is available to provide mediation services to help resolve\n disputes between FOIA requesters and Federal agencies. FOIA requesters may contact the Office of\n Government Information Services directly to seek its assistance. See http://ogis.archives.gov/.\n\n (d) The General Counsel shall, subject to the authority of the Chairperson, exercise the responsibilities of the\n Chief FOIA Officer specified in 5 U.S.C. 552(j).\n\n[82 FR 4188, Jan. 13, 2017, as amended at 85 FR 64404, Oct. 13, 2020; 88 FR 21432, Apr. 10, 2023]\n\n\n§ 0.442 Disclosure to other Federal government agencies of information submitted to the\nCommission in confidence.\n (a) The disclosure of records to other Federal government agencies is generally governed by the Paperwork\n Reduction Act, 44 U.S.C. 3510, rather than the Freedom of Information Act. The acceptance of materials\n in confidence under § 0.457 or § 0.459, or any other statute, rule or Commission order, does not preclude\n their disclosure to other federal agencies.\n\n (b) Information submitted to the Commission in confidence pursuant to § 0.457(c)(2) and (3), (d) and (g) or §\n 0.459, or any other statute, rule or order, may be disclosed to other agencies of the Federal government\n upon request or upon the Commission's own motion, provided:\n\n (1) Specific Commission assurances against such disclosure have not been given;\n\n (2) The other agency has established a legitimate need for the information;\n\n (3) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b); and\n\n (4) Disclosure is not prohibited by the Privacy Act or other provisions of law.\n\n\n\n\n47 CFR 0.442(b)(4) (enhanced display) page 73 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.442(c)\nCommission Organization\n\n\n (c) The Commission's staff may give assurances against disclosure of information to other Federal agencies\n only with the prior written approval of the General Counsel. In no event will assurance against disclosure\n to other agencies be given in advance of submission of the information to the Commission if submission\n is required by statute or by the provisions of this chapter; but the notice provisions of paragraph (d) of this\n section will apply to such required submissions.\n\n (d)\n\n (1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a party who furnished records to\n the Commission with a request for confidential treatment, see § 0.459, will be notified at the time\n that the request for disclosure is submitted and will be afforded ten calendar days in which to submit\n an opposition to disclosure. This notification may be made either individually or by public notice.\n\n (2) If the agency requesting the records provides in writing to the satisfaction of the Commission that\n notice to the party who furnished the records to the Commission will interfere unduly with its law\n enforcement, national security or homeland defense activities and further states that it will notify\n that party of the Commission's disclosure once the potential for such interference is eliminated, the\n Commission will not give notice of disclosure.\n\n (3) A party who furnished records to the Commission in confidence will not be afforded prior notice\n when the disclosure is made to the Comptroller General of the United States, in the Government\n Accountability Office. Such a party will instead be notified of disclosure of the records to the\n Comptroller General either individually or by public notice.\n\n (4) If disclosure is opposed and the Commission decides to make the records available to the other\n agency, the party who furnished the records to the Commission will be afforded ten calendar days\n from the date of the ruling to move for a judicial stay of the Commission's action. If the party does\n not move for stay within this period, the records will be disclosed.\n\n (e) Except as provided in paragraph (d)(3) of this section, nothing in this section is intended to govern\n disclosure of information to Congress or the Comptroller General.\n\n§ 0.445 Publication, availability, and use of opinions, orders, policy statements, interpretations,\nadministrative manuals, staff instructions, and frequently requested records.\n (a) Adjudicatory opinions and orders of the Commission, or its staff acting on delegated authority, are mailed\n or delivered by electronic means to the parties, and as part of the record, are available for inspection in\n accordance with § 0.453.\n\n (b) Documents adopted by the Commission or a member of its staff on delegated authority and released\n through the Office of Media Relations are published in the FCC Record. Older materials of this nature are\n available in the FCC Reports. In the event that such older materials are not published in the FCC Reports,\n reference should be made to the FEDERAL REGISTER or Pike and Fischer Communications Regulation.\n\n (c) All rulemaking documents or summaries thereof are published in the FEDERAL REGISTER and are available\n on the Commission's Web site. The complete text of the Commission decision also is released by the\n Commission and is available for inspection through the Reference Information Center, via the Electronic\n Document Management System (EDOCS), or as otherwise specified in the rulemaking document\n published in the FEDERAL REGISTER.\n\n (d) Formal policy statements and interpretations designed to have general applicability are published on the\n Commission's Web site and in the FEDERAL REGISTER, the FCC Record, FCC Reports, or Pike and Fischer\n Communications Regulation. Commission decisions and other Commission documents not entitled\n47 CFR 0.445(d) (enhanced display) page 74 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.445(e)\nCommission Organization\n\n\n formal policy statements or interpretations may contain substantive interpretations and statements\n regarding policy, and these are published as part of the document in the FCC Record, FCC Reports or Pike\n and Fischer Communications Regulation. General statements regarding policy and interpretations\n furnished to individuals, in correspondence or otherwise, are not ordinarily published.\n\n (e) Copies of all records that have been released to any person under § 0.461 and that because of the nature\n of their subject matter, the Commission determines have become or are likely to become the subject of\n subsequent requests for substantially the same records, or that have been requested three or more times,\n are made available in electronic format.\n\n (f) If the documents described in paragraphs (a) through (d) of this section are published in the FEDERAL\n REGISTER, the FCC Record, FCC Reports, or Pike and Fischer Communications Regulation, they are indexed,\n and they may be relied upon, used or cited as precedent by the Commission or private parties in any\n manner. If they are not so published, they may not be relied upon, used or cited as precedent, except\n against persons who have actual notice of the document in question or by such persons against the\n Commission. No person is expected to comply with any requirement or policy of the Commission unless\n he or she has actual notice of that requirement or policy or a document stating it has been published as\n provided in this paragraph. Nothing in this paragraph, however, shall be construed as precluding a\n reference to a recent document that is pending publication.\n\n (g) Subparts A and B of this part describe the functions of the staff and list the matters on which authority\n has been delegated to the staff. All general instructions to the staff and limitations upon its authority are\n set forth in those subparts or in decisions of the Commission published in the FEDERAL REGISTER.\n Instructions to the staff in particular matters or cases are privileged and/or protected and are not\n published or made available for public inspection.\n\n (h) To the extent required to prevent a clearly unwarranted invasion of personal privacy, or to prevent\n disclosure of information required or authorized to be withheld by another statute, the Commission may\n delete identifying details or confidential information when it makes available or publishes any document\n described in this section. The justification for any such deletion will be fully explained in a preamble to the\n document.\n\n[82 FR 4188, Jan. 13, 2017, as amended at 88 FR 21432, Apr. 10, 2023]\n\n\n§ 0.451 Inspection of records: Generally.\n (a) Records which are routinely available for public inspection. Section 0.453 specifies those Commission\n records which are routinely available for public inspection and where those records may be inspected.\n Procedures governing requests for inspection of such records are set out in § 0.460.\n\n (b) Records which are not routinely available for public inspection. Records which are not specified in § 0.453\n are not routinely available for public inspection. Such records fall into three categories.\n\n (1) The first category consists of categories of records listed in § 0.457, and of particular records\n withheld from public inspection under § 0.459. The Commission has determined that there is a\n statutory basis for withholding these records from public inspection. In some cases, the\n Commission is prohibited from permitting the inspection of records. This category also includes\n records that are the property of another agency that the Commission has no authority to release for\n inspection. In still other cases, the Commission is authorized, for reason of policy, to withhold\n records from inspection, but is not required to do so. As applicable, procedures governing demands\n by competent authority for inspection of these records are set forth in § 0.463.\n\n47 CFR 0.451(b)(1) (enhanced display) page 75 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.451(b)(2)\nCommission Organization\n\n\n (2) The second category consists of records that are not specified in § 0.453 or § 0.457 and have not\n been withheld from inspection under § 0.459. In some cases, these records have not been identified\n for listing. In other cases an individualized determination is required. Procedures governing requests\n for inspection of these records are set forth in § 0.461. Procedures governing demands by\n competent authority for inspection of these records are set forth in § 0.463.\n\n (3) The third category consists of material previously released consistent with the agency's rules that\n the agency determines is not likely to become the subject of a subsequent FOIA request or\n otherwise likely to be of broader public interest.\n\n (4) Except as provided in § 0.461 and § 0.463, or pursuant to § 19.735–203 of this chapter, no officer or\n employee of the Commission shall permit the inspection of records which are not routinely available\n for public inspection under § 0.453, or disclose information contained therein. This provision does\n not restrict the inspection or disclosure of records described in § 0.453(b)(3).\n\n (c) Copies. Section 0.465 applies to requests for copies of Commission records which are routinely available\n for public inspection under § 0.453 and those which are made available for inspection under § 0.461.\n Sections 0.467 and 0.465(c)(3) apply to requests for certified copies of Commission records.\n\n (d) Search and copying fees. Section 0.465(c)(2) prescribes the per page fee for copying records made\n available for inspection under § 0.460 or § 0.461. Section 0.466 prescribes fees to cover the expense of\n searching for and reviewing records made available for inspection under § 0.460 or § 0.461. Review of\n initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver determinations\n under § 0.470(e) may be sought under § 0.461(j).\n\n\n Note to paragraph (d): The Commission may require advance payment pursuant to § 0.469 before\n releasing documents.\n\n\n[82 FR 4189, Jan. 13, 2017]\n\n\n§ 0.453 Public reference rooms.\nThe Commission's main Web site at http://www.fcc.gov and its electronic reading room at http://www.fcc.gov/\ngeneral/freedom-information-act-electronic-reading-room host the Commission's online public reference room. The\nCommission also maintains the FCC Reference Information Center at its offices in Washington, DC.\n\n (a) The Reference Information Center provides access to files containing the record of all docketed cases,\n petitions for rulemaking and related papers. A file is maintained for each docketed hearing case and for\n each docketed rule making proceeding. Cards summarizing the history of such cases for the years before\n 1984 are available for inspection. Information summarizing the history of such cases for the years from\n 1984 through present is available online on the Electronic Comment Filing System (ECFS). ECFS serves as\n the repository for official filings in the FCC's docketed proceedings from 1992 to the present. The public\n can use ECFS to retrieve any document in the system, including selected pre-1992 documents.\n\n (b) The Commission will maintain a regularly updated listing of other routinely available records in its\n electronic reading room at http://www.fcc.gov/general/freedom-information-act-electronic-reading-room.\n\n[82 FR 4189, Jan. 13, 2017, as amended at 88 FR 21432, Apr. 10, 2023]\n\n\n\n47 CFR 0.453(b) (enhanced display) page 76 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.457\nCommission Organization\n\n\n§ 0.457 Records not routinely available for public inspection.\nThe records listed in this section are not routinely available for public inspection pursuant to 5 U.S.C. 552(b). The\nrecords are listed in this section by category, according to the statutory basis for withholding those records from\ninspection; under each category, if appropriate, the underlying policy considerations affecting the withholding and\ndisclosure of records in that category are briefly outlined. The Commission will entertain requests from members of\nthe public under § 0.461 for permission to inspect particular records withheld from inspection under the provisions\nof this section, and will weigh the policy considerations favoring non-disclosure against the reasons cited for\npermitting inspection in the light of the facts of the particular case. In making such requests, there may be more\nthan one basis for withholding particular records from inspection. The Commission will permit inspection of records\nunless Commission staff reasonably foresees that disclosure would harm an interest protected by the exemptions\ndescribed in 5 U.S.C. 552(b) or where disclosure is prohibited by law. The listing of records by category is not\nintended to imply the contrary but is solely for the information and assistance of persons making such requests.\nRequests to inspect or copy the transcripts, recordings or minutes of closed agency meetings will be considered\nunder § 0.607 rather than under the provisions of this section.\n\n (a) Materials that are specifically authorized under criteria established by Executive Order (E.O.) to be kept\n secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to\n such Executive Order, 5 U.S.C. 552(b)(1).\n\n (1) Classified materials and information will not be made available for public inspection, including\n materials classified under E.O. 10450, “Security Requirements for Government Employees”; E.O.\n 10501, as amended, “Safeguarding Official Information in the Interests of the Defense of the United\n States”; and E.O. 13526, “Classified National Security Information,” or any other executive order\n concerning the classification of records. See also 47 U.S.C. 154(j).\n\n (2) Materials referred to another Federal agency for classification will not be disclosed while such a\n determination is pending.\n\n (b) Materials that are related solely to the internal personnel rules and practices of the Commission, 5 U.S.C.\n 552(b)(2).\n\n (c) Materials that are specifically exempted from disclosure by statute (other than the Government in the\n Sunshine Act, 5 U.S.C. 552b, provided that such statute either requires that the materials be withheld from\n the public in such a manner as to leave no discretion on the issue, or establishes particular criteria for\n withholding or refers to particular types of materials to be withheld), 5 U.S.C. 552(b)(3). The Commission\n is authorized under the following statutory provisions to withhold materials from public inspection.\n\n (1) Section 4(j) of the Communications Act, 47 U.S.C. 154(j), provides, in part, that, “The Commission is\n authorized to withhold publication of records or proceedings containing secret information affecting\n the national defense.” Pursuant to that provision, it has been determined that the following materials\n should be withheld from public inspection (see also paragraph (a) of this section):\n\n (i) Maps showing the exact location of submarine cables.\n\n (ii) Minutes of Commission actions on classified matters.\n\n (iii) Maps of nation-wide point-to-point microwave networks.\n\n (2) Under section 213 of the Communications Act, 47 U.S.C. 213(f), the Commission is authorized to\n order, with the reasons therefor, that records and data pertaining to the valuation of the property of\n common carriers and furnished to the Commission by the carriers pursuant to the provisions of that\n\n47 CFR 0.457(c)(2) (enhanced display) page 77 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.457(c)(3)\nCommission Organization\n\n\n section, shall not be available for public inspection. If such an order has been issued, the data and\n records will be withheld from public inspection, except under the provisions of § 0.461. Normally,\n however, such data and information is available for inspection.\n\n (3) Under section 412 of the Communications Act, 47 U.S.C. 412, the Commission may withhold from\n public inspection certain contracts, agreements and arrangements between common carriers\n relating to foreign wire or radio communication. Any person may file a petition requesting that such\n materials be withheld from public inspection. To support such action, the petition must show that\n the contract, agreement or arrangement relates to foreign wire or radio communications; that its\n publication would place American communication companies at a disadvantage in meeting the\n competition of foreign communication companies; and that the public interest would be served by\n keeping its terms confidential. If the Commission orders that such materials be kept confidential,\n they will be made available for inspection only under the provisions of § 0.461.\n\n (4) Section 605 of the Communications Act, 47 U.S.C. 605(a), provides, in part, that, “no person not being\n authorized by the sender shall intercept any communication [by wire or radio] and divulge or publish\n the existence, contents, substance, purport, effect, or meaning of such intercepted communications\n to any person.” In executing its responsibilities, the Commission regularly monitors radio\n transmissions. Except as required for the enforcement of the communications laws, treaties and the\n provisions of this chapter, or as authorized in sec. 605, the Commission is prohibited from divulging\n information obtained in the course of these monitoring activities; and such information, and\n materials relating thereto, will not be made available for public inspection.\n\n (5) The Trade Secrets Act, 18 U.S.C. 1905, prohibits the unauthorized disclosure of certain confidential\n information. See paragraph (d) of this section and § 19.735–203 of this chapter.\n\n (d) Trade secrets and commercial or financial information obtained from any person and privileged or\n confidential—categories of materials not routinely available for public inspection, 5 U.S.C. 552(b)(4) and 18\n U.S.C. 1905.\n\n (1) The materials listed in this paragraph have been accepted, or are being accepted, by the Commission\n on a confidential basis pursuant to 5 U.S.C. 552(b)(4). To the extent indicated in each case, the\n materials are not routinely available for public inspection. If the protection afforded is sufficient, it is\n unnecessary for persons submitting such materials to submit therewith a request for non-disclosure\n pursuant to § 0.459. A persuasive showing as to the reasons for inspection will be required in\n requests submitted under § 0.461 for inspection of such materials.\n\n (i) Financial reports submitted by radio or television licensees.\n\n (ii) Applications for equipment authorizations (type acceptance, type approval, certification, or\n advance approval of subscription television systems), and materials relating to such\n applications, are not routinely available for public inspection prior to the effective date of the\n authorization. The effective date of the authorization will, upon request, be deferred to a date no\n earlier than that specified by the applicant. Following the effective date of the authorization, the\n application and related materials (including technical specifications and test measurements)\n will be made available for inspection upon request (see § 0.460). Portions of applications for\n equipment certification of scanning receivers and related materials will not be made available\n for inspection.\n\n (iii) Information submitted in connection with audits, investigations and examination of records\n pursuant to 47 U.S.C. 220.\n\n\n47 CFR 0.457(d)(1)(iii) (enhanced display) page 78 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.457(d)(1)(iv)\nCommission Organization\n\n\n (iv) Programming contracts between programmers and multichannel video programming\n distributors.\n\n (v) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier\n that govern the settlement of U.S.-international traffic, including the method for allocating return\n traffic, except as otherwise specified by the Commission by order or by the Office of\n International Affairs under delegated authority. See, e.g., International Settlements Policy\n Reform, IB Docket Nos. 11–80, 05–254, 09–10, RM–11322, Report and Order, FCC 12–145 (rel.\n Nov. 29, 2012).\n\n (vi) Outage reports filed under part 4 of this chapter.\n\n (vii) The following records, relating to coordination of satellite systems pursuant to procedures\n codified in the International Telecommunication Union (ITU) Radio Regulations:\n\n (A) Records of communications between the Commission and the ITU related to the\n international coordination process, and\n\n (B) Documents prepared in connection with coordination, notification, and recording of\n frequency assignments and Plan modifications, including but not limited to minutes of\n meetings, supporting exhibits, supporting correspondence, and documents and\n correspondence prepared in connection with operator-to-operator arrangements.\n\n (viii) Information submitted with a 911 reliability certification pursuant to 47 CFR 12.4 that consists\n of descriptions and documentation of alternative measures to mitigate the risks of\n nonconformance with certification elements, information detailing specific corrective actions\n taken with respect to certification elements, or supplemental information requested by the\n Commission with respect to such certification.\n\n (ix) Confidential Broadcaster Information, as defined in § 1.2206(d) of this chapter, submitted by a\n broadcast television licensee in a broadcast television spectrum reverse auction conducted\n under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L.\n 112–96) (the “Spectrum Act”), or in the application to participate in such a reverse auction, is\n not routinely available for public inspection until the reassignments and reallocations under\n section 6403(b)(1)(B) of the Spectrum Act become effective or until two years after public\n notice that the reverse auction is complete and that no such reassignments and reallocations\n shall become effective. In the event that reassignments and reallocations under section\n 6403(b)(1)(B) of the Spectrum Act become effective, Confidential Broadcaster Information\n pertaining to any unsuccessful reverse auction bid or pertaining to any unsuccessful\n application to participate in such a reverse auction will not be routinely available for public\n inspection until two years after the effective date.\n\n (x) Copyrighted materials the release of which would have a substantial adverse effect on the\n copyright holder's potential market, except to the extent such a release can be considered fair\n use.\n\n (xi) Lists and updates of U.S.-international routes for which a carrier has an arrangement with a\n foreign carrier for direct termination in the foreign destination provided pursuant to § 63.22(h)\n of this chapter.\n\n\n Note to paragraph (d)(1): The content of the communications described in paragraph\n\n\n47 CFR 0.457(d)(1)(xi) (enhanced display) page 79 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.457(d)(2)\nCommission Organization\n\n\n\n (d)(1)(vii)(A) of this section is in some circumstances separately available through the\n ITU's publication process, or through records available in connection with the\n Commission's licensing procedures.\n\n (2) Unless the materials to be submitted are listed in paragraph (d)(1) of this section and the protection\n thereby afforded is adequate, any person who submits materials which he or she wishes withheld\n from public inspection under 5 U.S.C. 552(b)(4) must submit a request for non-disclosure pursuant\n to § 0.459. If it is shown in the request that the materials contain trade secrets or privileged or\n confidential commercial, financial or technical data, the materials will not be made routinely\n available for inspection; and a persuasive showing as to the reasons for inspection will be required in\n requests for inspection submitted under § 0.461. In the absence of a request for non-disclosure, the\n Commission may, in the unusual instance, determine on its own motion that the materials should not\n be routinely available for public inspection.\n\n (e) Interagency and intra-agency memoranda or letters, 5 U.S.C. 552(b)(5). Interagency and intra-agency\n memoranda or letters and the work papers of members of the Commission or its staff will not be made\n available for public inspection, except in accordance with the procedures set forth in § 0.461. Normally\n such papers are privileged and not available to private parties through the discovery process, because\n their disclosure would tend to restrain the commitment of ideas to writing, would tend to inhibit\n communication among Government personnel, and would, in some cases, involve premature disclosure\n of their contents. The Commission will not use this deliberative process exemption to withhold records\n created 25 years or more before the date on which the request was received.\n\n (f) Personnel, medical and other files whose disclosure would constitute a clearly unwarranted invasion of\n personal privacy, 5 U.S.C. 552(b)(6). Under E.O. 12107, the Commission maintains an Official Personnel\n Folder for each of its employees. Such folders are under the jurisdiction and control, and are a part of the\n records, of the U.S. Office of Personnel Management. Except as provided in the rules of the Office of\n Personnel Management (5 CFR 293.311), such folders will not be made available for public inspection by\n the Commission. In addition, other records of the Commission containing private, personal or financial\n information will be withheld from public inspection.\n\n (g) Under 5 U.S.C. 552(b)(7), records compiled for law enforcement purposes, to the extent that production of\n such records:\n\n (1) Could reasonably be expected to interfere with enforcement proceedings;\n\n (2) Would deprive a person of a right to fair trial or an impartial adjudication;\n\n (3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;\n\n (4) Could reasonably be expected to disclose the identity of a confidential source;\n\n (5) Would disclose investigative techniques or procedures or would disclose investigative guidelines if\n such disclosure could reasonably be expected to risk circumvention of the law; or\n\n (6) Could reasonably be expected to endanger the life or physical safety of any individual.\n\n[82 FR 4189, Jan. 13, 2017, as amended at 82 FR 55331, Nov. 21, 2017; 88 FR 21432, Apr. 10, 2023]\n\n\n\n\n47 CFR 0.457(g)(6) (enhanced display) page 80 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.458\nCommission Organization\n\n\n§ 0.458 Nonpublic information.\nAny person regulated by or practicing before the Commission coming into possession of written nonpublic\ninformation (including written material transmitted in electronic form) as described in § 19.735–203(a) of this\nchapter under circumstances where it appears that its release was inadvertent or otherwise unauthorized shall be\nobligated to and shall promptly return the information to the Commission's Office of Inspector General without\nfurther distribution or use. See 47 CFR 19.735–203.\n\n§ 0.459 Requests that materials or information submitted to the Commission be withheld from\npublic inspection.\n (a)\n\n (1) Procedures applicable to filings in non-electronic proceedings. Any person submitting information or\n materials to the Commission may submit therewith a request that such information not be made\n routinely available for public inspection. (If the materials are specifically listed in § 0.457, such a\n request is unnecessary.) A copy of the request shall be attached to and shall cover all of the\n materials to which it applies and all copies of those materials. If feasible, the materials to which the\n request applies shall be physically separated from any materials to which the request does not\n apply; if this is not feasible, the portion of the materials to which the request applies shall be\n identified. In the latter circumstance, where confidential treatment is sought only for a portion of a\n document, the person submitting the document shall submit a redacted version for the public file.\n\n (2) Procedures applicable to filings in electronic proceedings. In proceedings to which the electronic\n filing requirements set forth in § 1.49(f) of this chapter apply, a party seeking confidential treatment\n of a portion of a filing must submit in electronic format either a redacted version of the document or\n an affidavit that it is impossible to submit a redacted document consistent with the filing\n requirements of this section. Where a party demonstrates that even the fact of a filing must remain\n confidential, and that this is consistent with the requirements of this section, this affidavit may be\n filed in paper format under seal.\n\n (3) Comments and other materials may not be submitted by means of the Commission's Electronic\n Comment Filing System (ECFS) with a request for confidential treatment under this section.\n\n (4) The Commission may use abbreviated means for indicating that the submitter of a record seeks\n confidential treatment, such as a checkbox enabling the submitter to indicate that the record is\n confidential. However, upon receipt of a request for inspection of such records pursuant to § 0.461,\n the submitter will be notified of such request pursuant to § 0.461(d)(3) and will be requested to\n justify the confidential treatment of the record, as set forth in paragraph (b) of this section.\n\n (b) Except as provided in § 0.459(a)(3), each such request shall contain a statement of the reasons for\n withholding the materials from inspection (see § 0.457) and of the facts upon which those records are\n based, including:\n\n (1) Identification of the specific information for which confidential treatment is sought;\n\n (2) Identification of the Commission proceeding in which the information was submitted or a description\n of the circumstances giving rise to the submission;\n\n (3) Explanation of the degree to which the information is commercial or financial, or contains a trade\n secret or is privileged;\n\n\n47 CFR 0.459(b)(3) (enhanced display) page 81 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.459(b)(4)\nCommission Organization\n\n\n (4) Explanation of the degree to which the information concerns a service that is subject to competition;\n\n (5) Explanation of how disclosure of the information could result in substantial competitive harm;\n\n (6) Identification of any measures taken by the submitting party to prevent unauthorized disclosure;\n\n (7) Identification of whether the information is available to the public and the extent of any previous\n disclosure of the information to third parties;\n\n (8) Justification of the period during which the submitting party asserts that material should not be\n available for public disclosure; and\n\n (9) Any other information that the party seeking confidential treatment believes may be useful in\n assessing whether its request for confidentiality should be granted.\n\n (c) Casual requests (including simply stamping pages “confidential”) which do not comply with the\n requirements of paragraphs (a) and (b) of this section will not be considered.\n\n (d)\n\n (1) If a response in opposition to a confidentiality request is filed, the party requesting confidentiality\n may file a reply within ten business days. All responses or replies filed under this paragraph must be\n served on all parties.\n\n (2) Requests which comply with the requirements of paragraphs (a) and (b) of this section will be acted\n upon by the appropriate custodian of records (see § 0.461(d)(1)), who is directed to grant the\n request if it demonstrates by a preponderance of the evidence that non-disclosure is consistent with\n the provisions of the Freedom of Information Act, 5 U.S.C. 552. If the request for confidentiality is\n granted, the ruling will be placed in the public file in lieu of the materials withheld from public\n inspection.\n\n (3) The Commission may defer acting on requests that materials or information submitted to the\n Commission be withheld from public inspection until a request for inspection has been made\n pursuant to § 0.460 or § 0.461. The information will be accorded confidential treatment, as provided\n for in § 0.459(g) and § 0.461, until the Commission acts on the confidentiality request and all\n subsequent appeal and stay proceedings have been exhausted.\n\n (e) If the materials are submitted voluntarily (i.e., absent any requirement by statute, regulation, or the\n Commission), the person submitting them may request the Commission to return the materials without\n consideration if the request for confidentiality should be denied. In that event, the materials will ordinarily\n be returned (e.g., an application will be returned if it cannot be considered on a confidential basis). Only in\n the unusual instance where the public interest so requires will the materials be made available for public\n inspection. However, no materials submitted with a request for confidentiality will be returned if a request\n for inspection has been filed under § 0.461. If submission of the materials is required by the Commission\n and the request for confidentiality is denied, the materials will be made available for public inspection\n once the period for review of the denial has passed.\n\n (f) If no request for confidentiality is submitted, the Commission assumes no obligation to consider the need\n for non-disclosure but, in the unusual instance, may determine on its own motion that the materials\n should be withheld from public inspection. See § 0.457(d).\n\n (g) If a request for confidentiality is denied, the person who submitted the request may, within ten business\n days, file an application for review by the Commission. If the application for review is denied, the person\n who submitted the request will be afforded ten business days in which to seek a judicial stay of the ruling.\n\n47 CFR 0.459(g) (enhanced display) page 82 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.459(h)\nCommission Organization\n\n\n If these periods expire without action by the person who submitted the request, the materials will be\n returned to the person who submitted them or will be placed in a public file. Notice of denial and of the\n time for seeking review or a judicial stay will be given by telephone, with follow-up notice in writing. The\n first day to be counted in computing the time periods established in this paragraph is the day after the\n date of oral notice. Materials will be accorded confidential treatment, as provided in § 0.459(g) and §\n 0.461, until the Commission acts on any timely applications for review of an order denying a request for\n confidentiality, and until a court acts on any timely motion for stay of such an order denying confidential\n treatment.\n\n (h) If the request for confidentiality is granted, the status of the materials is the same as that of materials\n listed in § 0.457. Any person wishing to inspect them may submit a request for inspection under § 0.461.\n\n (i) Third party owners of materials submitted to the Commission by another party may participate in the\n proceeding resolving the confidentiality of the materials.\n\n[74 FR 14078, Mar. 30, 2009, as amended at 76 FR 24389, May 2, 2011]\n\n\n§ 0.460 Requests for inspection of records which are routinely available for public inspection.\n (a) Section 0.453 specifies those Commission records which are routinely available for public inspection and\n the places at which those records may be inspected. Subject to the limitations set out in this section, a\n person who wants to inspect such records must submit a request to the Reference Information Center.\n Many records also are available on the Commission's website, https://www.fcc.gov and the Commission's\n electronic reading room, https://www.fcc.gov/general/freedom-information-act-electronic-reading-room.\n Commission documents are generally published in the FCC Record, and many of these documents or\n summaries thereof are also published in the FEDERAL REGISTER.\n\n (b) Arrangements to review records must be made in advance, by telephone or by correspondence, by\n contacting the Reference Information Center.\n\n (c) The records in question must be reasonably described by the person requesting them to permit their\n location by staff personnel. The information needed to locate the records will vary, depending on the\n records requested. Advice concerning the kind of information needed to locate particular records will be\n furnished in advance upon request. Members of the public will not be given access to the area in which\n records are kept and will not be permitted to search the files.\n\n (d) If it appears that there will be an appreciable delay in locating or producing the records (as where a large\n number of documents is the subject of a single request or where an extended search for a document\n appears to be necessary), the requester may be directed to submit or confirm the request in writing.\n\n (e)\n\n (1) Written requests for records routinely available for public inspection under § 0.453 shall be directed\n to the Commission's Reference Information Center pursuant to the procedures set forth in § 0.465.\n Requests shall set out all information known to the person making the request which would be\n helpful in identifying and locating the document, including the date range of the records sought, if\n applicable. Upon request by Commission staff, the requester shall provide his or her street address,\n phone number (if any), and email address (if any). Written requests shall, in addition, specify the\n maximum search fee the person making the request is prepared to pay (see § 0.467).\n\n (2) Written requests shall be delivered or mailed directly to the Commission's Reference Information\n Center (see § 0.465(a)).\n\n47 CFR 0.460(e)(2) (enhanced display) page 83 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.460(f)\nCommission Organization\n\n\n (f) When a written request is received by the Reference Information Center, it will be date-stamped.\n\n (g) All requests limited to records listed in § 0.453 will be granted, subject to paragraph (j) of this section.\n\n (h) The records will be produced for inspection at the earliest possible time.\n\n (i) If the requester is provided access to a physical copy, records shall be inspected within 7 days after notice\n is given that they have been located and are available for inspection. After that period, they will be\n returned to storage and additional charges may be imposed for again producing them.\n\n (j) In addition to the other requirements of this section, the following provisions apply to the reports filed with\n the Commission pursuant to 5 CFR parts 2634 and 3902.\n\n (1) Such reports shall not be obtained or used:\n\n (i) For any unlawful purpose;\n\n (ii) For any commercial purpose, other than by news and communications media for dissemination\n to the general public;\n\n (iii) For determining or establishing the credit rating of any individual; or\n\n (iv) For use, directly or indirectly, in the solicitation of money for any political, charitable, or other\n purpose.\n\n (2) Such reports may not be made available to any person nor may any copy thereof be provided to any\n person except upon a written application by such person stating:\n\n (i) That person's name, occupation and address;\n\n (ii) The name and address of any other person or organization on whose behalf the inspection or\n copying is requested; and\n\n (iii) That such person is aware of the prohibitions on the obtaining or use of the report. Further, any\n such application for inspection shall be made available to the public throughout the period\n during which the report itself is made available to the public.\n\n[88 FR 21432, Apr. 10, 2023]\n\n\n§ 0.461 Requests for inspection of materials not routinely available for public inspection.\nAny person desiring to inspect Commission records that are not specified in § 0.453 shall file a request for\ninspection meeting the requirements of this section. The FOIA Public Liaison is available to assist persons seeking\nrecords under this section. See § 0.441(a).\n\n (a)\n\n (1) Records include:\n\n (i) Any information that would be an agency record subject to the requirements of the Freedom of\n Information Act when maintained by the Commission in any format, including an electronic\n format; and\n\n (ii) Any information maintained for the Commission by an entity under Government contract.\n\n\n\n47 CFR 0.461(a)(1)(ii) (enhanced display) page 84 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(a)(2)\nCommission Organization\n\n\n (2) The records in question must be reasonably described by the person requesting them to permit\n personnel to locate them with a reasonable amount of effort. Whenever possible, a request should\n include specific information about each record sought, such as the title or name, author, recipient,\n and subject matter of the record. Requests must also specify the date or time period for the records\n sought. The custodian of records sought may contact the requester to obtain further information\n about the records sought to assist in locating them.\n\n (3) The person requesting records under this section may specify the form or format of the records to be\n produced provided that the records may be made readily reproducible in the requested form or\n format.\n\n (b)\n\n (1) Requests shall reasonably describe, for each document requested (see § 0.461(a)(1)), all information\n known to the person making the request that would be helpful in identifying and locating the\n document, including the date range of the records sought, if applicable, and the persons/offices to\n be searched, if known. Upon request by Commission staff, the requester shall provide his or her\n street address, phone number (if any), and email address (if any).\n\n (2) The request shall, in addition, specify the maximum search fee the person making the request is\n prepared to pay or a request for waiver or reduction of fees if the requester is eligible (see §\n 0.470(e)). By filing a FOIA request, the requester agrees to pay all applicable fees charged under §\n 0.467, unless the person making the request seeks a waiver of fees (see § 0.470(e)), in which case\n the Commission will rule on the waiver request before proceeding with the search.\n\n (c) If the records are of the kinds listed in § 0.457 or if they have been withheld from inspection under §\n 0.459, the request shall, in addition, contain a statement of the reasons for inspection and the facts in\n support thereof. In the case of other materials, no such statement need accompany the request, but the\n custodian of the records may require the submission of such a statement if he or she determines that the\n materials in question may lawfully be withheld from inspection.\n\n (d)\n\n (1) Requests shall be:\n\n (i) Filed electronically through the internet at https://www.foiaonline.gov/foiaonline/action/public/\n home; or\n\n (ii) Delivered or mailed to the Managing Director at the address indicated in § 0.401(a), Attn: FOIA\n Request.\n\n (2) For purposes of this section, the custodian of the records is the Chief of the Bureau or Office where\n the records are located. The Chief of the Bureau or Office may designate an appropriate person to\n act on a FOIA request. The Chief of the Bureau or Office may also designate an appropriate person to\n sign the response to any FOIA request. See § 0.461(m).\n\n (3) If the request is for materials submitted to the Commission by third parties and not open to routine\n public inspection under § 0.457(d), § 0.459, or another Commission rule or order, or if a request for\n confidentiality is pending pursuant to § 0.459, or if the custodian of records has reason to believe\n that the information may contain confidential commercial information, one copy of the request will\n be provided by the custodian of the records (see paragraph (e) of this section) to the person who\n originally submitted the materials to the Commission. If there are many persons who originally\n submitted the records and are entitled to notice under this paragraph, the custodian of records may\n\n47 CFR 0.461(d)(3) (enhanced display) page 85 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(e)\nCommission Organization\n\n\n use a public notice to notify the submitters of the request for inspection. The submitter or submitters\n will be given ten calendar days to respond to the FOIA request. See § 0.459(d)(1). If a submitter has\n any objection to disclosure, he or she is required to submit a detailed written statement specifying all\n grounds for withholding any portion of the information (see § 0.459). This response shall be served\n on the party seeking to inspect the records. The requester may submit a reply within ten calendar\n days unless a different period is specified by the custodian of records. The reply shall be served on\n all parties that filed a response. In the event that a submitter fails to respond within the time\n specified, the submitter will be considered to have no objection to disclosure of the information.\n\n\n Note to paragraph (d)(3): Under the ex parte rules, § 1.1206(a)(7) of this chapter, a\n proceeding involving a FOIA request is a permit-but-disclose proceeding, but is subject to the\n special service rules in this paragraph. We also note that while the FOIA request itself is a\n permit-but-disclose proceeding, a pleading in a FOIA proceeding may also constitute a\n presentation in another proceeding if it addresses the merits of that proceeding.\n\n (e)\n\n (1) When the request is received by the Managing Director, it will be assigned to the Freedom of\n Information Act (FOIA) Control Office, where it will be entered into the FOIAonline system. The\n request will be reviewed and, if it is determined that the request meets all the requirements of a\n proper FOIA request, will be designated as perfected. A FOIA request is then considered properly\n received. This will occur no later than ten calendar days after the request is first received by the\n agency.\n\n (2)\n\n (i) Except for the purpose of making a determination regarding expedited processing under\n paragraph (h) of this section, the time for processing a request for inspection of records will be\n tolled\n\n (A) While the custodian of records seeks reasonable clarification of the request;\n\n (B) Until clarification with the requester of issues regarding fee assessment occurs, including:\n\n (1) Where the amount of fees authorized is less than the estimated cost for completing\n the production;\n\n (2) Following the denial of a fee waiver, unless the requester had provided a written\n statement agreeing to pay the fees if the fee waiver was denied;\n\n (3) Where advance payment is required pursuant to § 0.469 and has not been made.\n\n (ii) Only one Commission request for information shall be deemed to toll the time for processing a\n request for inspection of records under paragraph (e)(2)(i)(A) of this section. Such request\n must be made no later than ten calendar days after a request is properly received by the\n custodian of records under paragraph (e)(1) of this section.\n\n\n\n\n47 CFR 0.461(e)(2)(ii) (enhanced display) page 86 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(e)(3)\nCommission Organization\n\n\n (3) The FOIA Control Office will send an acknowledgement to the requester notifying the requester of the\n control number assigned to the request, the due date of the response, and the telephone contact\n number (202–418–0440) to be used by the requester to obtain the status of the request. Requesters\n may also obtain the status of an FOIA request via email at foia-public-liaison@fcc.gov or by viewing\n their request at http://foiaonline.regulations.gov/.\n\n (4) Multiple FOIA requests by the same or different FOIA requesters may be consolidated for\n disposition. See also § 0.470(b)(2).\n\n (f) Requests for inspection of records will be acted on as follows by the custodian of the records.\n\n (1) If the Commission is prohibited from disclosing the records in question, the request for inspection\n will be denied with a statement setting forth the specific grounds for denial.\n\n (2)\n\n (i) If records in the possession of the Commission are the property of another agency, the request\n will be referred to that agency and the person who submitted the request will be so advised,\n with the reasons for referral.\n\n (ii) If it is determined that the FOIA request seeks only records of another agency or department,\n the FOIA requester will be so informed by the FOIA Control Officer and will be directed to the\n correct agency or department.\n\n (iii) If the records in the possession of the Commission involve the equities of another agency, the\n Commission will consult with that agency prior to releasing the records.\n\n (3) If it is determined that the Commission does not have authority to withhold the records from public\n inspection, the request will be granted.\n\n (4) If it is determined that the Commission has authority to withhold the records from public inspection,\n the considerations favoring disclosure and non-disclosure will be weighed in light of the facts\n presented, and the Commission may, at its discretion, grant the request in full or in part, or deny the\n request.\n\n (5) If there is a statutory basis for withholding part of a document from inspection, to the extent that\n portion is reasonably segregable, that part will be deleted and the remainder will be made available\n for inspection. Unless doing so would harm an interest protected by an applicable exemption,\n records disclosed in part shall be marked or annotated, if technically feasible, to show the amount of\n information deleted, the location of the information deleted, and the exemption under which the\n deletion is made.\n\n (6) In locating and recovering records responsive to an FOIA request, only those records within the\n Commission's possession and control as of the date a request is perfected shall be considered.\n\n (g)\n\n (1) The custodian of the records will make every effort to act on the request within twenty business days\n after it is received and perfected by the FOIA Control Office. However, if a request for clarification has\n been made under paragraph (e)(2)(i)(A) of this section or an issue is outstanding regarding the\n payment of fees for processing the FOIA request is pending under paragraph (e)(2)(i)(B) of this\n section, the counting of time will start upon resolution of these requests. If it is not possible to locate\n\n\n\n47 CFR 0.461(g)(1) (enhanced display) page 87 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(g)(1)(i)\nCommission Organization\n\n\n the records and to determine whether they should be made available for inspection within twenty\n business days, the custodian may, upon timely notice to the requester, extend the time for action by\n up to ten business days, in any of the following circumstances:\n\n (i) It is necessary to search for and collect the requested records from field facilities or other\n establishments that are separate from the office processing the request.\n\n (ii) It is necessary to search for, collect and appropriately examine a voluminous amount of\n separate and distinct records which are demanded in a single request; or\n\n (iii) It is necessary to consult with another agency having a substantial interest in the determination\n of the request, or among two or more components of the Commission having substantial\n subject matter interest therein.\n\n (2) The custodian of the records will notify the requester in writing of any extension of time exercised\n pursuant to paragraph (g) of this section. The custodian of the records may also call the requester to\n extend the time provided a subsequent written confirmation is provided. If it is not possible to locate\n the records and make the determination within the extended period, the person or persons who\n made the request will be provided an opportunity to limit the scope of the request so that it may be\n processed within the extended time limit, or an opportunity to arrange an alternative time frame for\n processing the request or a modified request, and asked to consent to an extension or further\n extension. If the requester agrees to an extension, the custodian of the records will confirm the\n agreement in a letter or email specifying the length of the agreed-upon extension. If he or she does\n not agree to an extension, the request will be denied, on the grounds that the custodian has not been\n able to locate the records and/or to make the determination within the period for a ruling mandated\n by the Freedom of Information Act, 5 U.S.C. 552. In that event, the custodian will provide the\n requester with the records, if any, that could be located and produced within the allotted time. The\n requester may file an application for review by the Commission.\n\n (3) If the custodian of the records grants a request for inspection of records submitted to the\n Commission in confidence under § 0.457(d), § 0.459, or some other Commission rule or order, the\n custodian of the records will give the submitter written notice of the decision and of the submitter's\n right to seek review pursuant to paragraph (i) of this section.\n\n (h)\n\n (1) Requesters who seek expedited processing of FOIA requests shall submit such requests, along with\n their FOIA requests, to the Managing Director, as described in paragraph (d) of this section.\n\n (2) Expedited processing shall be granted to a requester demonstrating a compelling need that is\n certified by the requester to be true and correct to the best of his or her knowledge and belief. Simply\n stating that the request should be expedited is not a sufficient basis to obtain expedited processing.\n\n (3) For purposes of this section, compelling need means—\n\n (i) That failure to obtain requested records on an expedited basis could reasonably be expected to\n pose an imminent threat to the life or physical safety of an individual; or\n\n (ii) With respect to a request made by a person primarily engaged in disseminating information,\n there is an urgency to inform the public concerning actual or alleged Federal Government\n activity.\n\n (4)\n\n47 CFR 0.461(h)(4) (enhanced display) page 88 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(h)(4)(i)\nCommission Organization\n\n\n (i) Notice of the determination whether to grant expedited processing shall be provided to the\n requester by the custodian of records within ten calendar days after receipt of the request by\n the FOIA Control Office. Once the determination has been made to grant expedited processing,\n the custodian shall process the FOIA request as soon as practicable.\n\n (ii) If a request for expedited processing is denied, the person seeking expedited processing may\n file an application for review within five business days after the date of the written denial. The\n application for review shall be delivered or mailed to the General Counsel. (For general\n procedures relating to applications for review, see § 1.115 of this chapter.) The Commission\n shall act expeditiously on the application for review, and shall notify the custodian of records\n and the requester of the disposition of such an application for review.\n\n (i)\n\n (1) If a request for inspection of records submitted to the Commission in confidence under § 0.457(d), §\n 0.459, or another Commission rule or order is granted in whole or in part, an application for review\n may be filed by the person who submitted the records to the Commission, by a third party owner of\n the records or by a person with a personal privacy interest in the records, or by the person who filed\n the request for inspection of records within the ten business days after the date of the written ruling.\n The application for review shall be filed within ten business days after the date of the written ruling,\n shall be delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov, and\n shall be served on the person who filed the request for inspection of records and any other parties to\n the proceeding. The person who filed the request for inspection of records may respond to the\n application for review within ten business days after it is filed.\n\n (2) The first day to be counted in computing the time period for filing the application for review is the day\n after the date of the written ruling. An application for review is considered filed when it is received by\n the Commission. If an application for review is not filed within this period, the records will be\n produced for inspection.\n\n (3) If an application for review is denied, the person filing the application for review will be notified in\n writing and advised of his or her rights. A denial of an application for review is not subject to a\n petition for reconsideration under § 1.106 of this chapter.\n\n (4) If an application for review filed by the person who submitted, owns, or has a personal privacy\n interest in the records to the Commission is denied, or if the records are made available on review\n which were not initially made available, the person will be afforded ten business days from the date\n of the written ruling in which to move for a judicial stay of the Commission's action. The first day to\n be counted in computing the time period for seeking a judicial stay is the day after the date of the\n written ruling. If a motion for stay is not made within this period, the records will be produced for\n inspection.\n\n (j) Except as provided in paragraph (i) of this section, an application for review of an initial action on a\n request for inspection of records, a fee determination (see § 0.467 through § 0.470), or a fee reduction or\n waiver decision (see § 0.470(e)) may be filed only by the person who made the request. The application\n shall be filed within 90 calendar days after the date of the written ruling by the custodian of records. An\n application for review is considered filed when it is received by the Commission. The application shall be\n delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov. If the proceeding\n involves records subject to confidential treatment under § 0.457 or § 0.459, or involves a person with an\n interest as described in § 0.461(i), the application for review shall be served on such persons. That person\n may file a response within 14 calendar days after the application for review is filed. If the records are\n\n47 CFR 0.461(j) (enhanced display) page 89 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(k)\nCommission Organization\n\n\n made available for review, the person who submitted them to the Commission will be afforded 14\n calendar days after the date of the written ruling to seek a judicial stay. See paragraph (i) of this section.\n The first day to be counted in computing the time period for filing the application for review or seeking a\n judicial stay is the day after the date of the written ruling.\n\n\n Note to paragraphs (i) and (j): The General Counsel may review applications for review with the\n custodian of records and attempt to informally resolve outstanding issues with the consent of the\n requester. For general procedures relating to applications for review, see § 1.115 of this chapter.\n\n (k)\n\n (1)\n\n (i) The Commission will make every effort to act on an application for review of an action on a\n request for inspection of records within twenty business days after it is filed. In the following\n circumstances and to the extent time has not been extended under paragraphs (g)(1)(i), (ii), or\n (iii) of this section, the Commission may extend the time for acting on the application for review\n up to ten business days. (The total period of extensions taken under this paragraph and under\n paragraph (g) of this section without the consent of the person who submitted the request shall\n not exceed ten business days.):\n\n (A) It is necessary to search for and collect the requested records from field facilities or other\n establishments that are separate from the office processing the request;\n\n (B) It is necessary to search for, collect and appropriately examine a voluminous amount of\n separate and distinct records which are demanded in a single request; or\n\n (C) It is necessary to consult with another agency having a substantial interest in the\n determination of the request or among two or more components of the Commission\n having substantial subject matter interest therein.\n\n (ii) If these circumstances are not present, the person who made the request may be asked to\n consent to an extension or further extension. If the requester or person who made the request\n agrees to an extension, the General Counsel will confirm the agreement in a letter specifying\n the length of the agreed-upon extension. If the requestor or person who made the request does\n not agree to an extension, the Commission will continue to search for and/or assess the\n records and will advise the person who made the request of further developments; but that\n person may file a complaint in an appropriate United States district court.\n\n (2) The Commission may at its discretion or upon request consolidate for consideration related\n applications for review filed under paragraph (i) or (j) of this section.\n\n (l)\n\n (1) Subject to the application for review and judicial stay provisions of paragraphs (i) and (j) of this\n section, if the request is granted, the records will be produced for inspection at the earliest possible\n time.\n\n (2) If a request for inspection of records becomes the subject of an action for judicial review before the\n custodian of records has acted on the request, or before the Commission has acted on an\n application for review, the Commission may continue to consider the request for production of\n records.\n47 CFR 0.461(l)(2) (enhanced display) page 90 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.461(m)\nCommission Organization\n\n\n (m) Staff orders and letters ruling on requests for inspection are signed by the official (or officials) who give\n final approval of their contents. Decisions of the Commission ruling on applications for review will set\n forth the names of the Commissioners participating in the decision.\n\n[82 FR 4192, Jan. 13, 2017, as amended at 85 FR 64405, Oct. 13, 2020; 88 FR 21433, Apr. 10, 2023]\n\n\n§ 0.463 Disclosure of Commission records and information in legal proceedings in which the\nCommission is a non-party.\n (a) This section sets forth procedures to be followed with respect to the production or disclosure of any\n material within the custody and control of the Commission, any information relating to such material, or\n any information acquired by any person while employed by the Commission as part of the person's official\n duties or because of the person's official status.\n\n (b) In the event that a demand is made by a court or other competent authority outside the Commission for\n the production of records or testimony (e.g., a subpoena, order, or other demand), the General Counsel\n shall promptly be advised of such demand, the nature of the records or testimony sought, and all other\n relevant facts and circumstances. The General Counsel, in consultation with the Managing Director, will\n thereupon issue such instructions as he or she may deem advisable consistent with this subpart.\n\n (c) A party in a court or administrative legal proceeding in which the Commission is a non-party who wishes\n to obtain records or testimony from the Commission shall submit a written request to the General\n Counsel. Such request must be accompanied by a statement setting forth the nature of the proceeding\n (including any relevant supporting documentation, e.g., a copy of the Complaint), the relevance of the\n records or testimony to the proceeding (including a proffer concerning the anticipated scope and duration\n of the testimony), a showing that other evidence reasonably suited to the requester's needs is not\n available from any other source (including a request submitted pursuant to § 0.460 or § 0.461 of the\n Commission's rules), and any other information that may be relevant to the Commission's consideration of\n the request for records or testimony. The purpose of the foregoing requirements is to assist the General\n Counsel in making an informed decision regarding whether the production of records or the testimony\n should be authorized.\n\n (d) In deciding whether to authorize the release of records or to permit the testimony of present or former\n Commission personnel, the General Counsel, in consultation with the Managing Director, shall consider\n the following factors:\n\n (1) Whether the request or demand would involve the Commission in issues or controversies unrelated\n to the Commission's mission;\n\n (2) Whether the request or demand is unduly burdensome;\n\n (3) Whether the time and money of the Commission and/or the United States would be used for private\n purposes;\n\n (4) The extent to which the time of employees for conducting official business would be compromised;\n\n (5) Whether the public might misconstrue variances between personal opinions of employees and\n Commission policy;\n\n (6) Whether the request or demand demonstrates that the records or testimony sought are relevant and\n material to the underlying proceeding, unavailable from other sources, and whether the request is\n reasonable in its scope;\n\n47 CFR 0.463(d)(6) (enhanced display) page 91 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.463(d)(7)\nCommission Organization\n\n\n (7) Whether, if the request or demand were granted, the number of similar requests would have a\n cumulative effect on the expenditure of Commission resources;\n\n (8) Whether the requestor has agreed to pay search and review fees as set forth in § 0.467 of this\n subpart;\n\n (9) Whether disclosure of the records or the testimony sought would otherwise be inappropriate under\n the circumstances; and\n\n (10) Any other factor that is appropriate.\n\n (e) Among those demands and requests in response to which compliance will not ordinarily be authorized are\n those with respect to which any of the following factors exist:\n\n (1) Disclosure of the records or the testimony would violate a statute, Executive Order, rule, or regulation;\n\n (2) The integrity of the administrative and deliberative processes of the Commission would be\n compromised;\n\n (3) Disclosure of the records or the testimony would not be appropriate under the rules of procedure\n governing the case or matter in which the demand arose;\n\n (4) Disclosure of the records, including release in camera, or the testimony, is not appropriate or required\n under the relevant substantive law concerning privilege;\n\n (5) Disclosure of the records, except when in camera and necessary to assert a claim of privilege, or of\n the testimony, would reveal information properly classified or other matters exempt from\n unrestricted disclosure; or\n\n (6) Disclosure of the records or the testimony could interfere with ongoing Commission enforcement\n proceedings or other legal or administrative proceedings, compromise constitutional rights, reveal\n the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly\n confidential commercial or financial information.\n\n (f) The General Counsel, following consultation with the Managing Director and any relevant Commission\n Bureau or Office, is authorized to approve non-privileged testimony by a present or former employee of the\n Commission or the production of non-privileged records in response to a valid demand issued by\n competent legal authority, or a request for records or testimony received under this section, and to assert\n governmental privileges on behalf of the Commission in litigation that may be associated with any such\n demand or request.\n\n (g) Any employee or former employee of the Commission who receives a demand for records of the\n Commission or testimony regarding the records or activities of the Commission shall promptly notify the\n General Counsel so that the General Counsel may take appropriate steps to protect the Commission's\n rights.\n\n(Secs. 4(i), 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r); 5 U.S.C. 301; 47 CFR\n0.231(d))\n\n\n\n\n47 CFR 0.463(g) (enhanced display) page 92 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.465\nCommission Organization\n\n\n§ 0.465 Request for copies of materials which are available, or made available, for public\ninspection.\n (a) The Commission may award a contract to a commercial duplication firm to make copies of Commission\n records and offer them for sale to the public. In addition to the charge for copying, the contractor may\n charge a search fee for locating and retrieving the requested documents from the Commission's files.\n\n\n Note to paragraph (a): The name, address, telephone number, and schedule of fees for the current\n copy contractor, if any, are published at the time of contract award of renewal in a public notice\n and periodically thereafter. Current information is available at http://www.fcc.gov/foia and\n http://www.fcc.gov/consumer-governmental-affairs. Questions regarding this information should\n be directed to the Reference Information Center of the Consumer and Governmental Affairs\n Bureau at 202–418–0270.\n\n (b)\n\n (1) Records routinely available for public inspection under § 0.453 are available to the public through the\n Commission's Reference Information Center. Section 0.461 does not apply to such records.\n\n (2) Audio or video recordings or transcripts of Commission proceedings are available to the public\n through the Commission's Reference Information Center. In some cases, only some of these formats\n may be available.\n\n (c)\n\n (1) Contractual arrangements which have been entered into with commercial firms, as described in this\n section, do not in any way limit the right of the public to inspect Commission records or to retrieve\n whatever information may be desired. Coin-operated and debit card copy machines are available for\n use by the public.\n\n (2) The Commission has reserved the right to make copies of its records for its own use or for the use of\n other agencies of the U.S. Government. When it serves the regulatory or financial interests of the U.S.\n Government, the Commission will make and furnish copies of its records free of charge. In other\n circumstances, however, if it should be necessary for the Commission to make and furnish copies of\n its records for the use of others, the fee for this service shall be ten cents ($0.10) per page or $5 per\n computer disk in addition to charges for staff time as provided in § 0.467. For copies prepared with\n other media, such as thumb drives or other portable electronic storage, the charge will be the actual\n direct cost including operator time. Requests for copying should be accompanied by a statement\n specifying the maximum copying fee the person making the request is prepared to pay. If the\n Commission estimates that copying charges are likely to exceed the greater of $25 or the amount\n which the requester has indicated that he/she is prepared to pay, then it shall notify the requester of\n the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with\n Commission personnel with the object of revising or clarifying the request.\n\n\n Note to paragraph (c)(2): The criterion considered in acting on a waiver request is whether\n “waiver or reduction of the fee is in the public interest because furnishing the information can\n be considered as primarily benefiting the general public.” 5 U.S.C. 552(a)(4)(A). A request for\n\n\n47 CFR 0.465(c)(2) (enhanced display) page 93 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.465(c)(3)\nCommission Organization\n\n\n\n a waiver or reduction of fees will be decided by the General Counsel as set forth in § 0.470(e).\n\n (3) Certified documents. Copies of documents which are available or made available, for inspection\n under §§ 0.451 through 0.465, will be prepared and certified, under seal, by the Secretary or his or\n her designee. Requests shall be in writing, specifying the exact documents, the number of copies\n desired, and the date on which they will be required. The request shall allow a reasonable time for\n the preparation and certification of copies. The fee for preparing copies shall be the same as that\n charged by the Commission as described in paragraph (c)(2) of this section. The fee for certification\n shall be $10 for each document.\n\n (d)\n\n (1) Computer maintained databases produced by the Commission and routinely available to the public\n (see § 0.453) may be obtained from the FCC's Web site at http://www.fcc.gov or if unavailable on the\n Commission's Web site, from the Reference Information Center.\n\n (2) Copies of computer generated data stored as paper printouts or electronic media and available to\n the public may also be obtained from the Commission's Reference Information Center (see\n paragraph (a) of this section).\n\n (3) Copies of computer source programs and associated documentation produced by the Commission\n and available to the public may be obtained from the Office of the Managing Director.\n\n (e) This section does not apply to records available on the Commission's Web site, http://www.fcc.gov, or\n printed publications which may be purchased from the Superintendent of Documents or private firms (see\n §§ 0.411 through 0.420), nor does it apply to application forms or information bulletins, which are\n prepared for the use and information of the public and are available upon request (see §§ 0.421 and\n 0.423) or on the Commission's Web site, http://www.fcc.gov/formpage.html.\n\n[82 FR 4195, Jan. 13, 2017]\n\n\n§ 0.466 Definitions.\n (a) For the purpose of §§ 0.467 and 0.468, the following definitions shall apply:\n\n (1) The term direct costs means those expenditures which the Commission actually incurs in searching\n for and duplicating (and in case of commercial requesters, reviewing) documents to respond to a\n FOIA request. Direct costs include the salary of the employee performing the work (the basic rate of\n pay for the employee plus twenty percent of that rate to cover benefits), and the cost of operating\n duplicating machinery. Not included in direct costs are overhead expenses, such as costs of space,\n and heating or lighting the facility in which the records are stored.\n\n (2) The term search includes all time spent looking for material that is responsive to a request, including\n page-by-page or line-by-line identification of material contained within documents. Such activity\n should be distinguished, however, from “review” of material in order to determine whether the\n material is exempt from disclosure (see paragraph (a)(3) of this section).\n\n (3) The term review refers to the process of examining documents located in response to a commercial\n use request (see paragraph (a)(4) of this section) to determine whether any portion of a document\n located is exempt from disclosure. It also includes processing any documents for disclosure, e.g.,\n\n\n47 CFR 0.466(a)(3) (enhanced display) page 94 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.466(a)(4)\nCommission Organization\n\n\n performing such functions that are necessary to excise them or otherwise prepare them for release.\n Review does not include time spent resolving general legal or policy issues regarding the application\n of FOIA exemptions.\n\n (4) The term commercial use request refers to a request from or on behalf of one who seeks information\n for a use or purpose that furthers the commercial interests of the requester. In determining whether\n a requester properly falls within this category, the Commission shall determine the use to which a\n requester will put the documents requested. Where the Commission has reasonable cause to\n question the use to which a requester will put the documents sought, or where that use is not clear\n from the request itself, the Commission shall seek additional clarification before assigning the\n request to a specific category. The dissemination of records by a representative of the news media\n (see § 0.466(a)(7)) shall not be considered to be for a commercial use.\n\n (5) The term educational institution refers to a preschool, a public or private elementary or secondary\n school, an institution of graduate higher education, an institution of professional education and an\n institution of vocational education, which operates a program or programs of scholarly research.\n\n (6) The term non-commercial scientific institution refers to an institution that is not operated on a\n commercial basis as that term is referenced in paragraph (a)(4) of this section, and which is\n operated solely for the purpose of conducting scientific research the results of which are not\n intended to promote any particular product or industry.\n\n (7) The term representative of the news media refers to any person or entity that gathers information of\n potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a\n distinct work, and distributes that work to an audience. In this clause, the term news means\n information that is about current events or that would be of current interest to the public. Examples\n of news-media entities are television or radio stations broadcasting to the public at large and\n publishers of periodicals (but only if such entities qualify as disseminators of news) who make their\n products available for purchase or subscription by, or free distribution to, the general public. These\n examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the\n adoption of electronic dissemination of newspapers through telecommunications services), such\n alternative media shall be considered to be news-media entities. A freelance journalist shall be\n regarded as working for a news-media entity if the journalist can demonstrate a solid basis for\n expecting publication through that entity, whether or not the journalist is actually employed by the\n entity. A publication contract would present a solid basis for such an expectation; the Commission\n may also consider the past publication record of the requester in making such a determination. See\n 5 U.S.C. 552(a)(4)(A)(ii).\n\n (8) The term all other requester refers to any person not within the definitions in paragraphs (a)(4)\n through (a)(7) of this paragraph.\n\n (b) [Reserved]\n\n[74 FR 14078, Mar. 30, 2009, as amended at 76 FR 24389, May 2, 2011]\n\n\n§ 0.467 Search and review fees.\n (a)\n\n\n\n\n47 CFR 0.467(a) (enhanced display) page 95 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.467(a)(1)\nCommission Organization\n\n\n (1) Subject to the provisions of this section, an hourly fee shall be charged for recovery of the full,\n allowable direct costs of searching for and reviewing records requested under § 0.460 or § 0.461,\n unless such fees are reduced or waived pursuant to § 0.470. The fee is based on the pay grade level\n of the FCC's employee(s) who conduct(s) the search or review, or the actual hourly rate of FCC\n contractors or other non-FCC personnel who conduct a search.\n\n\n Note to paragraph (a)(1): The fees for FCC employees will be modified periodically to\n correspond with modifications in the rate of pay approved by Congress and any such\n modifications will be announced by public notice and will be posted on the Commission's\n Web site, http://www.fcc.gov/foia/#feeschedule.\n\n (2) The fees specified in paragraph (a)(1) of this section are computed at Step 5 of each grade level\n based on the General Schedule or the hourly rate of non-FCC personnel, including in addition twenty\n percent for personnel benefits. Search and review fees will be assessed in 1⁄4 hour increments.\n\n (b) Search fees may be assessed for time spent searching, even if the Commission fails to locate responsive\n records or if any records located are determined to be exempt from disclosure.\n\n (c) The Commission shall charge only for the initial review, i.e., the review undertaken initially when the\n Commission analyzes the applicability of a specific exemption to a particular record. The Commission\n shall not charge for review at the appeal level of an exemption already applied. However, records or\n portions of records withheld in full under an exemption that is subsequently determined not to apply may\n be reviewed again to determine the applicability of other exemptions not previously considered. The costs\n of such a subsequent review, under these circumstances, are properly assessable.\n\n (d) The fee charged will not exceed an amount based on the time typically required to locate records of the\n kind requested.\n\n (e)\n\n (1) If the Commission estimates that search charges are likely to exceed the greater of $25 or the\n amount which the requester indicated he/she is prepared to pay, then it shall notify the requester of\n the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with\n Commission personnel with the object of revising or clarifying the request. See § 0.465(c)(2) and §\n 0.470(d).\n\n (2) The time for processing a request for inspection shall be tolled while conferring with the requester\n about his or her willingness to pay the fees required to process the request. See § 0.461(e).\n\n (f) When the search has been completed, the custodian of the records will give notice of the charges incurred\n to the person who made the request.\n\n (g) The fee shall be paid to the Financial Management Division, Office of Managing Director, or as otherwise\n directed by the Commission.\n\n[82 FR 4195, Jan. 13, 2017]\n\n\n\n\n47 CFR 0.467(g) (enhanced display) page 96 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.468\nCommission Organization\n\n\n§ 0.468 Interest.\nInterest shall be charged those requesters who fail to pay the fees charged. The agency will begin assessing\ninterest charges on the amount billed starting on the 31st day following the day on which the billing was sent. The\ndate on which the payment is received by the agency will determine whether and how much interest is due. The\ninterest shall be set at the rate prescribed in 31 U.S.C. 3717.\n\n§ 0.469 Advance payments.\n (a) The Commission may not require advance payment of estimated FOIA fees except as provided in\n paragraph (b) or where the Commission estimates or determines that allowable charges that a requester\n may be required to pay are likely to exceed $250.00 and the requester has no history of payment. Where\n allowable charges are likely to exceed $250.00 and the requester has a history of prompt payment of FOIA\n fees the Commission may notify the requester of the estimated cost and obtain satisfactory assurance of\n full payment. Notification that fees may exceed $250.00 is not, however, a prerequisite for collecting fees\n above that amount.\n\n (b) Where a requester has previously failed to pay a fee charged in a timely fashion (i.e., within 30 days of the\n date of the billing), the Commission may require the requester to pay the full amount owed plus any\n applicable interest as provided in § 0.468, and to make an advance payment of the full amount of the\n estimated fee before the Commission begins to process a new request or a pending request from that\n requester.\n\n (c) When the Commission acts under paragraph (a) of this section, the administrative time limits prescribed\n in §§ 0.461(g) and (k) (i.e., twenty business days from receipt of initial requests and twenty business days\n from receipt of appeals from initial denials, plus permissible extensions of these time limits (see §\n 0.461(g)(1)(i) through (iii) and § 0.461(k)(1)(i) through (iii)) will begin only after the agency has received\n the fee payments described in this section. See § 0.461(e)(2)(ii) and § 0.467(e)(2).\n\n§ 0.470 Assessment of fees.\n (a)\n\n (1) Commercial use requesters.\n\n (i) When the Commission receives a request for documents for commercial use, it will assess\n charges that recover the full direct cost of searching for, reviewing and duplicating the records\n sought pursuant to § 0.466 and § 0.467.\n\n (ii) Commercial use requesters shall not be assessed search fees if the Commission fails to\n comply with the time limits under § 0.461(g), except as provided in paragraph (a)(1)(iii) of this\n section.\n\n (iii) Commercial requesters may still be assessed search fees when the Commission fails to\n comply with the time limits under § 0.461(g) if the Commission determines that unusual\n circumstances apply and more than 5,000 pages are necessary to respond to the request, so\n long as the Commission has provided a timely written notice to the requester and has\n discussed with the requester (or made not less than three good-faith attempts to do so) how\n the requester could effectively limit the scope of the request. Additionally, if a court has\n determined that exceptional circumstances exist, a failure to comply with a time limit under §\n 0.461(g) will be excused for the length of time provided by the court order.\n\n\n47 CFR 0.470(a)(1)(iii) (enhanced display) page 97 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.470(a)(2)\nCommission Organization\n\n\n (2) Educational and non-commercial scientific institution requesters and requesters who are\n representatives of the news media.\n\n (i) The Commission shall provide documents to requesters in these categories for the cost of\n duplication only, pursuant to § 0.465 above, excluding duplication charges for the first 100\n pages, provided however, that requesters who are representatives of the news media shall be\n entitled to a reduced assessment of charges only when the request is for the purpose of\n distributing information.\n\n (ii) Educational requesters or requesters who are representatives of the news media shall not be\n assessed fees for the cost of duplication if the Commission fails to comply with the time limits\n under § 0.461(g), except as provided in paragraph (a)(2)(iii) of this section.\n\n (iii) Educational requesters or requesters who are representatives of the news media may still be\n assessed duplication fees when the Commission fails to comply with the time limits under §\n 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000\n pages are necessary to respond to the request, so long as the Commission has provided a\n timely written notice to the requester and has discussed with the requester (or made not less\n than three good-faith attempts to do so) how the requester could effectively limit the scope of\n the request. Additionally, if a court has determined that exceptional circumstances exist, a\n failure to comply with a time limit under § 0.461(g) will be excused for the length of time\n provided by the court order.\n\n (3) All other requesters.\n\n (i) The Commission shall charge requesters who do not fit into any of the categories above fees\n which cover the full, reasonable direct cost of searching for and duplicating records that are\n responsive to the request, pursuant to § 0.465 and § 0.467, except that the first 100 pages of\n duplication and the first two hours of search time shall be furnished without charge.\n\n (ii) All other requesters shall not be assessed search fees if the Commission fails to comply with\n the time limits under § 0.461(g), except as provided in paragraph (a)(3)(iii) of this section.\n\n (iii) All other requesters may still be assessed search fees when the Commission fails to comply\n with the time limits under § 0.461(g) if the Commission determines that unusual circumstances\n apply and more than 5,000 pages are necessary to respond to the request, so long as the\n Commission has provided a timely written notice to the requester and has discussed with the\n requester (or made not less than three good-faith attempts to do so) how the requester could\n effectively limit the scope of the request. Additionally, if a court has determined that\n exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be\n excused for the length of time provided by the court order.\n\n (b)\n\n (1) The 100 page restriction on assessment of duplication fees in paragraphs (a)(2) and (3) of this\n section refers to 100 paper copies of a standard size, which will normally be 81⁄2″ x 11″ or 11″ x 14″.\n\n (2) When the agency reasonably believes that a requester or group of requesters is attempting to\n segregate a request into a series of separate individual requests for the purpose of evading the\n assessment of fees, the agency will aggregate any such requests and assess charges accordingly.\n\n\n\n\n47 CFR 0.470(b)(2) (enhanced display) page 98 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.470(c)\nCommission Organization\n\n\n (c) When a requester believes he or she is entitled to a waiver pursuant to paragraph (e) of this section, the\n requester must include, in his or her original FOIA request, a statement explaining with specificity, the\n reasons demonstrating that he or she qualifies for a fee waiver. Included in this statement should be a\n certification that the information will not be used to further the commercial interests of the requester.\n\n (d) If the Commission reasonably believes that a commercial interest exists, based on the information\n provided pursuant to paragraph (c) of this section, the requester shall be so notified and given an\n additional ten business days to provide further information to justify receiving a reduced fee. See §\n 0.467(e)(2).\n\n (e)\n\n (1) Copying, search and review charges shall be waived or reduced by the General Counsel when\n “disclosure of the information is in the public interest because it is likely to contribute significantly to\n public understanding of the operations or activities of the government and is not primarily in the\n commercial interest of the requester.” 5 U.S.C. 552(a)(4)(A)(iii). Simply repeating the fee waiver\n language of section 552(a)(4)(A)(iii) is not a sufficient basis to obtain a fee waiver.\n\n (2) The criteria used to determine whether disclosure is in the public interest because it is likely to\n contribute significantly to public understanding of the operations or activities of the government\n include:\n\n (i) Whether the subject of the requested records concerns the operations or activities of the\n government;\n\n (ii) Whether the disclosure is likely to contribute to an understanding of government operations or\n activities; and\n\n (iii) Whether disclosure of the requested information will contribute to public understanding as\n opposed to the individual understanding of the requester or a narrow segment of interested\n persons.\n\n (3) The criteria used to determine whether disclosure is primarily in the commercial interest of the\n requester include:\n\n (i) Whether the requester has a commercial interest that would be furthered by the requested\n disclosure; and, if so\n\n (ii) Whether the magnitude of the identified commercial interest of the requester is sufficiently\n large, in comparison with the public interest in disclosure, that disclosure is primarily in the\n commercial interest of the requester.\n\n (4) This request for fee reduction or waiver must accompany the initial request for records and will be\n decided under the same procedures used for record requests.\n\n (5) If no fees or de minimis fees would result from processing a FOIA request and a fee waiver or\n reduction has been sought, the General Counsel will not reach a determination on the waiver or\n reduction request.\n\n (f) Whenever Commission staff determines that the total fee calculated under this section likely is less than\n the cost to collect and process the fee, no fee will be charged.\n\n (g) Review of initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver\n determinations under paragraph (e) of this section may be sought under § 0.461(j).\n\n47 CFR 0.470(g) (enhanced display) page 99 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.471\nCommission Organization\n\n\n[82 FR 4196, Jan. 13, 2017]\n\n\n PLACES FOR MAKING SUBMITTALS OR REQUESTS, FOR FILING APPLICATIONS, AND FOR TAKING EXAMINATIONS\n\n§ 0.471 Miscellaneous submittals or requests.\nPersons desiring to make submittals or requests of a general nature should communicate with the Secretary of the\nCommission.\n\n[36 FR 15121, Aug. 13, 1971]\n\n\n§ 0.473 Reports of violations.\nReports of violations of the Communications Act or of the Commission's rules and regulations may be submitted to\nthe Commission in Washington or to any field office.\n\n[32 FR 10578, July 19, 1967]\n\n\n§ 0.475 Applications for employment.\nPersons who wish to apply for employment should communicate with the Associate Managing Director-Personnel\nManagement.\n\n(Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[49 FR 13368, Apr. 4, 1984]\n\n\n§ 0.481 Place of filing applications for radio authorizations.\nFor locations for filing applications, and appropriate fees, see §§ 1.1102 through 1.1107 of this chapter.\n\n[69 FR 41130, July 7, 2004]\n\n\n§ 0.482 Application for waiver of wireless radio service rules.\nAll requests for waiver of the rules (see § 1.925 of this chapter) governing the Wireless Radio Services (see § 1.907\nof this chapter) that require a fee (see § 1.1102 of this chapter) shall be submitted via the Universal Licensing\nSystem. Waiver requests that do not require a fee should be submitted via the Universal Licensing System or to:\nFederal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325–7245. Waiver requests\nattached to applications must be submitted in accordance with § 0.401(b) or § 0.401(c) of the rules.\n\n[63 FR 68919, Dec. 14, 1998, as amended at 73 FR 9018, Feb. 19, 2008; 88 FR 44736, July 13, 2023]\n\n\n§ 0.483 Applications for amateur or commercial radio operator licenses.\n (a) Application filing procedures for amateur radio operator licenses are set forth in part 97 of this chapter.\n\n (b) Application filing procedures for commercial radio operator licenses are set forth in part 13 of this\n chapter.\n\n\n47 CFR 0.483(b) (enhanced display) page 100 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.484\nCommission Organization\n\n\n[47 FR 53378, Nov. 26, 1982, as amended at 78 FR 23151, Apr. 18, 2013]\n\n\n§ 0.484 Amateur radio operator examinations.\nGenerally, examinations for amateur radio operation licenses shall be administered at locations and times specified\nby volunteer examiners. (See § 97.509). When the FCC conducts examinations for amateur radio operator licenses,\nthey shall take place at locations and times designated by the FCC.\n\n[58 FR 13021, Mar. 9, 1993]\n\n\n§ 0.485 Commercial radio operator examinations.\nGenerally, written and telegraphy examinations for commercial radio operator licenses shall be conducted at\nlocations and times specified by commercial operator license examination managers. (See § 13.209 of this\nchapter). When the FCC conducts these examinations, they shall take place at locations and times specified by the\nFCC.\n\n[58 FR 9124, Feb. 19, 1993]\n\n\n§ 0.489 [Reserved]\n§ 0.491 Application for exemption from compulsory ship radio requirements.\nApplications for exemption filed under the provisions of sections 352(b) or 383 of the Communications Act;\nRegulation 4, chapter I of the Safety Convention; Regulation 5, chapter IV of the Safety Convention; or subpart T of\nPart 80, must be filed as a waiver request using the procedures specified in § 0.482. Emergency requests must be\nfiled via the Universal Licensing System or at the Federal Communications Commission, Office of the Secretary.\n\n[88 FR 77219, Nov. 9, 2023]\n\n\n§ 0.493 Non-radio common carrier applications.\nAll such applications shall be filed at the Commission's offices in Washington, DC.\n\n[28 FR 12413, Nov. 22, 1963. Redesignated at 32 FR 10578, July 19, 1967]\n\n\nSubpart D—Mandatory Declassification of National Security Information\n\nAuthority: Secs. 4(i), 303(r), Communications Act of 1934, as amended (47 U.S.C. 154(i) and 303(r)).\n\nSource: 47 FR 53377, Nov. 26, 1982, unless otherwise noted.\n\n\n\n§ 0.501 General.\nExecutive Order 12356 requires that information relating to national security be protected against unauthorized\ndisclosure as long as required by national security considerations. The Order also provides that all information\nclassified under Executive Order 12356 or predecessor orders be subject to a review for declassification upon\nreceipt of a request made by a United States citizen or permanent resident alien, a Federal agency, or a state or local\ngovernment.\n\n47 CFR 0.501 (enhanced display) page 101 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.502\nCommission Organization\n\n\n§ 0.502 Purpose.\nThis subpart prescribes the procedures to be followed in submitting requests, processing such requests, appeals\ntaken from denials of declassification requests and fees and charges.\n\n§ 0.503 Submission of requests for mandatory declassification review.\n (a) Requests for mandatory review of national security information shall be in writing, addressed to the\n Managing Director, and reasonably describe the information sought with sufficient particularity to enable\n Commission personnel to identify the documents containing that information and be reasonable in scope.\n\n (b) When the request is for information originally classified by the Commission, the Managing Director shall\n assign the request to the appropriate bureau or office for action.\n\n (c) Requests related to information, either derivatively classified by the Commission or originally classified by\n another agency, shall be forwarded, together with a copy of the record, to the originating agency. The\n transmittal may contain a recommendation for action.\n\n§ 0.504 Processing requests for declassification.\n (a) Responses to mandatory declassification review requests shall be governed by the amount of search and\n review time required to process the request. A final determination shall be made within one year from the\n date of receipt of the request, except in unusual circumstances.\n\n (b) Upon a determination by the bureau or office that the requested material originally classified by the\n Commission no longer warrants protection, it shall be declassified and made available to the requester,\n unless withholding is otherwise authorized under law.\n\n (c) If the information may not be declassified or released in whole or in part, the requester shall be notified as\n to the reasons for the denial, given notice of the right to appeal the denial to the Classification Review\n Committee, and given notice that such an appeal must be filed within 60 days of the date of denial in\n order to be considered.\n\n (d) The Commission's Classification Review Committee, consisting of the Managing Director (Chairperson),\n the General Counsel or his/her designee, and the Chief, Internal Review and Security Division, shall have\n authority to act, within 30 days, upon all appeals regarding denials of requests for mandatory\n declassification of Commission-originated classifications. The Committee shall be authorized to overrule\n previous determinations in whole or in part when, in its judgment, continued classification is no longer\n required. If the Committee determines that continued classification is required under the criteria of the\n Order, the requester shall be promptly notified and advised that an application for review may be filed with\n the Commission pursuant to 47 CFR 1.115.\n\n[47 FR 53377, Nov. 26, 1982, as amended at 88 FR 21433, Apr. 10, 2023]\n\n\n§ 0.505 Fees and charges.\n (a) The Commission has designated a contractor to make copies of Commission records and offer them for\n sale (See § 0.465).\n\n (b) An hourly fee is charged for recovery of the direct costs of searching for requested documents (See §\n 0.466).\n\n\n\n47 CFR 0.505(b) (enhanced display) page 102 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.506\nCommission Organization\n\n\n§ 0.506 FOIA and Privacy Act requests.\nRequests for declassification that are submitted under the provisions of the Freedom of Information Act, as\namended, (See § 0.461), of the Privacy Act of 1974, (See § 0.554) shall be processed in accordance with the\nprovisions of those Acts.\n\nSubpart E—Privacy Act Regulations\n\nAuthority: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 (47 U.S.C. 154, 303).\n\nSource: 40 FR 44512, Sept. 26, 1975, unless otherwise noted.\n\n\n\n§ 0.551 Purpose and scope; definitions.\n (a) The purpose of this subpart is to implement the Privacy Act of 1974, 5 U.S.C. 552(a), and to protect the\n rights of the individual in the accuracy and privacy of information concerning him which is contained in\n Commission records. The regulations contained herein cover any group of records under the\n Commission's control from which information about individuals is retrievable by the name of an individual\n or by some other personal identifier.\n\n (b) In this subpart:\n\n (1) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence;\n\n (2) Record means any item, collection or grouping of information about an individual that is maintained\n by the Commission, including but not limited to, such individual's education, financial transactions,\n medical history, and criminal or employment history, and that contains such individual's name, or the\n identifying number, symbol, or other identifying particular assigned to the individual, such as a finger\n or voice print or a photograph.\n\n (3) System of Records means a group of records under the control of the Commission from which\n information is retrievable by the name of the individual or by some identifying number, symbol, or\n other identifying particular assigned to the individual;\n\n (4) Routine Use means, with respect to the disclosure of a record, the use of such record for a purpose\n which is compatible with the purpose for which it was collected;\n\n (5) System Manager means the Commission official responsible for the storage, maintenance,\n safekeeping, and disposal of a system of records.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]\n\n\n§ 0.552 Notice identifying Commission systems of records.\nThe Commission publishes in the FEDERAL REGISTER upon establishment or revision a notice of the existence and\ncharacter of the system of records, including for each system of records:\n\n (a) The name and location of the system;\n\n (b) The categories of individuals on whom records are maintained in the system;\n47 CFR 0.552(b) (enhanced display) page 103 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.552(c)\nCommission Organization\n\n\n (c) The categories of records maintained in the system;\n\n (d) Each routine use of the records contained in the system, including the categories of users and the\n purposes of such use;\n\n (e) The policies and practices of the agency regarding storage, retrievability, access controls, retention, and\n disposal of the records;\n\n (f) The title and business address of the system manager;\n\n (g) The address of the agency office to which inquiries should be addressed and the addresses of locations\n at which the individual may inquire whether a system contains records pertaining to himself;\n\n (h) The agency procedures whereby an individual can be notified how access can be gained to any record\n pertaining to that individual contained in a system of records, and the procedure for correcting or\n contesting its contents; and\n\n (i) The categories of sources of records in the system.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]\n\n\n§ 0.553 New uses of information.\nBefore establishing a new routine use of a system of records, the Commission will publish a notice in the FEDERAL\nREGISTER of its intention to do so, and will provide at least 30 days for public comment on such use. The notice will\ncontain:\n\n (a) The name of the system of records for which the new routine use is to be established;\n\n (b) The authority for the system;\n\n (c) The categories of records maintained;\n\n (d) The proposed routine use(s); and\n\n (e) The categories of recipients for each proposed routine use.\n\n§ 0.554 Procedures for requests pertaining to individual records in a system of records.\n (a) Upon request, the Commission will notify individuals as to whether it maintains information about them in\n a system of records and, subject to the provisons of § 0.555(b), will disclose the substance of such\n information to that individual. In order to properly request notification or access to record information,\n reference must be made to the Notice described in § 0.552. A table of contents, which is alphabetized by\n bureau or office, precedes the system descriptions and allows members of the public to easily identify\n record systems of interest to them. An individual may inquire into information contained in any or all\n systems of records described in the Notice. However, each inquiry shall be limited to information from\n systems located within a single bureau or office and shall be addressed to that bureau or office.\n\n (b) Reasonable identification is required of all individuals making requests pursuant to paragraph (a) of this\n section in order to assure that disclosure of any information is made to the proper person.\n\n\n\n\n47 CFR 0.554(b) (enhanced display) page 104 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.554(b)(1)\nCommission Organization\n\n\n (1) Individuals who choose to register a request for information in person may verify their identity by\n showing any two of the following: social security card; drivers license; employee identification card;\n medicare card; birth certificate; bank credit card; or other positive means of identification.\n Documents incorporating a picture and/or signature of the individual shall be produced if possible. If\n an individual cannot provide suitable documentation for identification, that individual will be required\n to sign an identity statement stipulating that knowingly or willfully seeking or obtaining access to\n records about another person under false pretenses is punishable by a fine of up to $5,000.\n\n\n Note: An individual's refusal to disclose his social security number shall not constitute cause\n in and of itself, for denial of a request.\n\n (2) All requests for record information sent by mail shall be signed by the requestor and shall include his\n printed name, current address and telephone number (if any). Commission officials receiving such\n requests will attempt to verify the identity of the requestor by comparing his or her signature to those\n in the record. If the record contains no signatures and if positive identification cannot be made on\n the basis of other information submitted, the requestor will be required to sign an identity statement\n and stipulate that knowingly or willfully seeking or obtaining access to records about another person\n under false pretense is punishable by a fine of up to $5,000.\n\n (3) If positive identification cannot be made on the basis of the information submitted, and if data in the\n record is so sensitive that unauthorized access could cause harm or embarrassment to the\n individual to whom the record pertains, the Commission reserves the right to deny access to the\n record pending the production of additional more satisfactory evidence of identity.\n\n\n Note: The Commission will require verification of identity only where it has determined that\n knowledge of the existence of record information or its substance is not subject to the public\n disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552, as amended.\n\n (c) All requests for notification of the existence of record information or for access to such information shall\n be delivered to the business address of the system manager responsible for the system of records in\n question, except that requests relating to official personnel records shall be addressed to the Associate\n Managing Director—Personnel Management. Such addresses can be found in the FEDERAL REGISTER Notice\n described in § 0.552.\n\n (d) A written acknowledgement of receipt of a request for notification and/or access will be provided within\n 10 days (excluding Saturdays, Sundays, and legal public holidays) to the individual making the request.\n Such an acknowledgement may, if necessary, request any additional information needed to locate a\n record. A search of all systems of records identified in the individual's request will be made to determine if\n any records pertaining to the individual are contained therein, and the individual will be notified of the\n search results as soon as the search has been completed. Normally, a request will be processed and the\n individual notified of the search results within 30 days (excluding Saturdays, Sundays, and legal holidays)\n from the date the inquiry is received. However, in some cases, as where records have to be recalled from\n Federal Record Centers, notification may be delayed. If it is determined that a record pertaining to the\n individual making the request does exist, the notification will state approximately when the record will be\n available for personal review. No separate acknowledgement is required if the request can be processed\n and the individual notified of the search results within the ten-day period.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n47 CFR 0.554(d) (enhanced display) page 105 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.555\nCommission Organization\n\n\n[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]\n\n\n§ 0.555 Disclosure of record information to individuals.\n (a) Individuals having been notified that the Commission maintains a record pertaining to them in a system of\n records may request access to such record in one of three ways: by in person inspection at the system\n location; by transfer of the record to a nearer location; or by mail.\n\n (1) Individuals who wish to review their records at the system location must do so during regular\n Commission business hours (8:00 a.m.–4:30 p.m., Monday through Friday). For personal and\n administrative convenience, individuals are urged to arrange to review a record by appointment.\n Preferences as to specific dates and times can be made by writing or calling the system manager\n responsible for the system of records in question at least two days in advance of the desired\n appointment date, and by providing a telephone number where the individual can be reached during\n the day in case the appointment must be changed. Verification of identity is required as in §\n 0.554(b)(1) before access will be granted an individual appearing in person. Individuals may be\n accompanied by a person of his or her own choosing when reviewing a record. However, in such\n cases, a written statement authorizing discussion of their record in the presence of a Commission\n representative having physical custody of the records.\n\n (2) Individuals may request that copies of records be sent directly to them. In such cases, individuals\n must verify their identity as described in § 0.554(b)(2) and provide an accurate return mailing\n address or email address. Records shall be sent only to that address.\n\n (b) The disclosure of record information under this section is subject to the following limitations:\n\n (1) Records containing medical information pertaining to an individual are subject to individual access\n under this section unless, in the judgment of the system manager having custody of the records\n after consultation with a medical doctor, access to such record information could have an adverse\n impact on the individual. In such cases, a copy of the record will be delivered to a medical doctor\n named by the individual.\n\n (2) Classified material, investigative material compiled for law enforcement purposes, investigatory\n material compiled solely for determining suitability for Federal employment or access to classified\n information, and certain testing or examination material shall be removed from the records to the\n extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a). Section 0.561 of this subpart sets forth\n the systems of records maintained by the Commission which are either totally or partially exempt\n from disclosure under this subparagraph.\n\n (c) No fee will be imposed if the number of pages of records requested is 25 or less. Requests involving more\n than 25 pages shall be submitted to the duplicating contractor (see § 0.456(a)).\n\n (d) The provisions of this section in no way give an individual the right to access any information compiled in\n reasonable anticipation of a civil action or proceeding.\n\n (e) In the event that a determination is made denying an individual access to records pertaining to that\n individual for any reason, such individual may either:\n\n (1) Seek administrative review of the adverse determination. Such a request shall be in writing and\n should be addressed to the system manager who made the initial decision. In addition, the request\n for review shall state specifically why the initial decision should be reversed.\n\n\n\n47 CFR 0.555(e)(1) (enhanced display) page 106 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.555(e)(2)\nCommission Organization\n\n\n (2) Seek judicial relief in the district courts of the United States pursuant to paragraph (g)(1)(B) of the\n Act.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 40 FR 58858, Dec. 19, 1975; 49 FR 13369, Apr. 4, 1984; 80 FR 53749, Sept. 8, 2015]\n\n\n§ 0.556 Request to correct or amend records.\n (a) An individual may request the amendment of information contained in their record. Except as otherwise\n provided in this paragraph (a), the request to amend should be submitted in writing to the system\n manager responsible for the records. Requests to amend the official personnel records of active FCC\n employees should be submitted to the Associate Managing Director—Human Resources Management, at\n the address indicated in § 0.401(a). Requests to amend official personnel records of former FCC\n employees should be sent to the Assistant Director for Work Force Information, Compliance and\n Investigations Group, Office of Personnel Management, 1900 E Street, NW., Washington, D.C. 20415. Any\n request to amend should contain as a minimum:\n\n (1) The identity verification information required by § 0.554(b)(2) and the information needed to locate\n the record as required by § 0.554(a).\n\n (2) A brief description of the item or items of information to be amended; and\n\n (3) The reason for the requested change.\n\n (b) A written acknowledgement of the receipt of a request to amend a record will be provided within 10 days\n (excluding Saturdays, Sundays, and legal public holidays) to the individual requesting the amendment.\n Such an acknowledgement may, if necessary, request any additional information needed to make a\n determination. There will be no acknowledgement if the request can be reviewed, processed, and the\n individual notified of compliance or denial within the 10 day period.\n\n (c) The responsible system manager, or in the case of official personnel records of active FCC employees, the\n Associate Managing Director—Personnel Management, shall (normally within 30 days) take one of the\n following actions regarding a request to amend:\n\n (1) If the system manager agrees that an amendment to the record is warranted, the system manager\n shall:\n\n (i) So advise the individual in writing;\n\n (ii) Correct the record in compliance with the individual's request; and\n\n (iii) If an accounting of disclosures has been made, advise all previous recipients of the fact that the\n record has been corrected and of the substance of the correction.\n\n (2) If the system manager, after an initial review, does not agree that all or any portion of the record\n merits amendment, the system manager shall:\n\n (i) Notify the individual in writing of such refusal to amend and the reasons therefore;\n\n\n\n\n47 CFR 0.556(c)(2)(i) (enhanced display) page 107 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.556(c)(2)(ii)\nCommission Organization\n\n\n (ii) Advise the individual that further administrative review of the initial decision by the full\n Commission may be sought pursuant to the procedures set forth in § 0.557. (In cases where\n the request to amend involves official personnel records, review is available exclusively from\n the Assistant Director for Work Force Information, Compliance and Investigations Group, Office\n of Personnel Management, Washington, DC 20415; and\n\n (iii) Inform the individual of the procedures for requesting Commission review pursuant to § 0.557.\n\n (d) In reviewing a record in response to a request to amend, the system manager shall assess the accuracy,\n relevance, timeliness, or completeness of the record in light of each data element placed into controversy\n and the use of the record in making decisions that could possibly affect the individual. Moreover, the\n system manager shall ajudge the merits of any request to delete information based on whether or not the\n information in controversy is both relevant and necessary to accomplish a statutory purpose required of\n the Commission by law or executive order of the President.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 45 FR 39850, June 12, 1980; 49 FR 13369, Apr. 4, 1984; 65 FR 58466, Sept. 29, 2000;\n85 FR 64405, Oct. 13, 2020]\n\n\n§ 0.557 Administrative review of an initial decision not to amend a record.\n (a) Individuals have 30 days from the date of the determination not to amend a record consistent with their\n request to seek further administrative review by the full Commisison. Such a request shall be in writing\n and should be addressed to either the system manager who made the initial adverse decision, or, in the\n case of official personnel records of active FCC employees, to the Assistant Director for Work Force\n Information, Compliance and Investigations Group, Office of Personnel Management, Washington, DC\n 20415. Any request for administrative review must:\n\n (1) Clearly identify the questions presented for review (e.g., whether the record information in question\n is, in fact, accurate; whether information subject to a request to delete is relevant and necessary to\n the purpose for which it is maintained);\n\n (2) Specify with particularity why the decision reached by the system manager is erroneous or\n inequitable; and\n\n (3) Clearly state how the record should be amended or corrected.\n\n (b) The Commission shall conduct an independent review of the record in controversy using the standards of\n review set out in § 0.556(d). It may seek such additional information as is necessary to make its\n determination. Final administrative review shall be completed not later than 30 days (excluding Saturdays,\n Sundays and legal public holidays) from the date on which the individual requests such review unless the\n Chairperson determines that a fair and equitable review cannot be made within the 30-day period. In such\n event, the individual will be informed in writing of the reasons for the delay and the approximate date on\n which the review is expected to be completed.\n\n (c) If upon review of the record in controversy the Commission agrees with the individual that the requested\n amendment is warranted, the Commission will proceed in accordance with § 0.556(c)(1) (i) through (iii).\n\n (d) If after the review, the Commission also refuses to amend the record as requested, it shall:\n\n (1) Notify the individual in writing of its refusal and the reasons therefore;\n\n\n47 CFR 0.557(d)(1) (enhanced display) page 108 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.557(d)(2)\nCommission Organization\n\n\n (2) Advise the individual that a concise statement of the reasons for disagreeing with the decision of the\n Commisison may be filed;\n\n (3) Inform the individual:\n\n (i) That such a statement should be signed and addressed to the system manager having custody\n of the record in question;\n\n (ii) That the statement will be made available to any one to whom the record is subsequently\n disclosed together with, at the Commission's discretion, a summary of its reasons for refusing\n to amend the record; and\n\n (iii) That prior recipients of the record will be provided a copy of the statement of dispute to the\n extent that an accounting of such disclosures is maintained; and\n\n (4) Advise the individual that judicial review of the Commisison's decision not to amend the record in any\n district court of the United States is available.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 45 FR 39850, June 12, 1980; 49 FR 13369, Apr. 4, 1984; 88 FR 21433, Apr. 10, 2023]\n\n\n§ 0.558 Advice and assistance.\n (a) Individuals who have questions regarding the procedures contained in this subpart for gaining access to a\n particular system of records or for contesting the contents of a record, either administratively or judicially,\n should contact the Privacy Analyst at Privacy@fcc.gov or at the address indicated in § 0.401(a), Attn:\n Office of General Counsel.\n\n (b) Individuals who request clarification of the Notice described in § 0.552 or who have questions concerning\n the characterization of specific systems of records as set forth therein, should contact the Privacy Analyst\n at Privacy@fcc.gov or at the address indicated in § 0.401(a), Attn: Office of the Managing Director.\n\n[88 FR 21433, Apr. 10, 2023]\n\n\n§ 0.559 Disclosure of disputed information to persons other than the individual to whom it\npertains.\nIf the Commission determines not to amend a record consistent with an individual's request, and if the individual\nfiles a statement of disagreement pursuant to § 0.557(d)(2), the Commission shall clearly annotate the record so\nthat the disputed portion becomes apparent to anyone who may subsequently have access to, use or disclose the\nrecord. A copy of the individual's statement of disagreement shall accompany any subsequent disclosure of the\nrecord. In addition, the Commission may include a brief summary of its reasons for not amending the record when\ndisclosing the record. Such statements become part of the individual's record for granting access, but are not\nsubject to the amendment procedures of § 0.556.\n\n§ 0.560 Penalty for false representation of identity.\nAny individual who knowingly and willfully requests or obtains under false pretenses any record concerning an\nindividual from any system of records maintained by the Commission shall be guilty of a misdemeanor and subject\nto a fine of not more than $5,000.\n\n\n47 CFR 0.560 (enhanced display) page 109 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.561\nCommission Organization\n\n\n§ 0.561 Exemptions.\nThe following systems of records are totally or partially exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H),\nand (I), and (f) of the Privacy Act of 1974, 5 U.S.C. 552(a), and from §§ 0.554 through 0.557 of this subpart:\n\n (a) System name. Radio Operator Records—FCC/FOB–1. Parts of this system of records are exempt pursuant\n to Section (k)(2) of the Act because they contain investigatory material compiled solely for law\n enforcement purposes.\n\n (b) System name. Violators File (records kept on individuals who have been subjects of FCC field\n enforcement actions)—FCC/FOB–2. Parts of this system of records are EXEMPT because they are\n maintained as a protective service for individuals described in section 3056 of title 18, and because they\n are necessary for Commission employees to perform their duties, pursuant to sections (k) (1), (2), and (3)\n of the Act.\n\n (c) System name. Attorney Misconduct Files—FCC/OGC–2. This system of records is exempt pursuant to\n section 3(k)(2) of the Act because it is maintained for law enforcement purposes.\n\n (d) System name. Licensees or Unlicensed Persons Operating Radio Equipment Improperly—FCC. Parts of\n this system of records are exempt pursuant to section 3(k)(2) of the Act because they embody\n investigatory material compiled solely for law enforcement purposes.\n\n (e) System name. Personnel Investigation Records—FCC/Central–6. Parts of these systems of records are\n exempt because they emobdy investigatory material pursuant to sections 3(k)(2) and 3(k)(5) of the Act as\n applicable.\n\n (f) System name. Criminal Investigative Files—FCC/OIG–1. Compiled for the purpose of criminal\n investigations. This system of records is exempt pursuant to section (j)(2) of the Act because the records\n contain investigatory material compiled for criminal law enforcement purposes.\n\n (g) System name. General Investigative Files—FCC/OIG–2. Compiled for law enforcement purposes. This\n system of records is exempt pursuant to section (k)(2) of the Act because the records contain\n investigatory material compiled for law enforcement purposes.\n\n(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))\n\n[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13369, Apr. 4, 1984; 58 FR 11549, Feb. 26, 1993]\n\n\nSubpart F—Meeting Procedures\n\nAuthority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; (47 U.S.C. 154, 303).\n\nSource: 42 FR 12867, Mar. 7, 1977, unless otherwise noted.\n\n\n\n§ 0.601 Definitions.\nFor purposes of this section:\n\n (a) The term agency means:\n\n (1) The Commission,\n\n47 CFR 0.601(a)(1) (enhanced display) page 110 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.601(a)(2)\nCommission Organization\n\n\n (2) A board of Commissioners (see § 0.212),\n\n (3) The Telecommunications Committee (see § 0.215), and\n\n (4) Any other group of Commissioners hereafter established by the Commission on a continuing or ad\n hoc basis and authorized to act on behalf of the Commission.\n\n (b) The term meeting means the deliberations among a quorum of the Commission, a Board of\n Commissioners, or a quorum of a committee of Commissioners, where such deliberations determine or\n result in the joint conduct or disposition of official agency business, except that the term does not include\n deliberations to decide whether to announce a meeting with less than seven days notice, or whether a\n meeting should be open or closed. (The term includes conference telephone calls, but does not include\n the separate consideration of Commission business by Commissioners.) For purposes of this subpart\n each item on the agenda of a meeting is considered a meeting or a portion of a meeting.\n\n[42 FR 12867, Mar. 7, 1977, as amended at 48 FR 56391, Dec. 21, 1983; 64 FR 2149, Jan. 13, 1999]\n\n\n§ 0.602 Open meetings.\n (a) All meetings shall be conducted in accordance with the provisions of this subpart.\n\n (b) Except as provided in § 0.603, every portion of every meeting shall be open to public observation.\n Observation does not include participation or disruptive conduct by observers, and persons engaging in\n such conduct will be removed from the meeting.\n\n (c) The right of the public to observe open meetings does not alter those rules in this chapter which relate to\n the filing of motions, pleadings, or other documents. Unless such pleadings conform to the other\n procedural requirements of this chapter, pleadings based upon comments or discussions at open\n meetings, as a general rule, will not become part of the official record, will receive no consideration, and\n no further action by the Commission will be taken thereon.\n\n (d) Deliberations, discussions, comments or observations made during the course of open meetings do not\n themselves constitute action of the Commission. Comments made by Commissioners may be advanced\n for purposes of discussion and may not reflect the ultimate position of a Commissioner.\n\n[42 FR 12867, Mar. 7, 1977, as amended at 45 FR 63491, Sept. 25, 1980]\n\n\n§ 0.603 Bases for closing a meeting to the public.\nExcept where the agency finds that the public interest requires otherwise, an agency or advisory committee meeting\nmay be closed to the public, and information pertaining to such meetings which would otherwise be disclosed to\nthe public under § 0.605 may be withheld, if the agency determines that an open meeting or the disclosure of such\ninformation is likely to:\n\n (a) Disclose matters that:\n\n (1) Are specifically authorized under criteria established by executive order to be kept secret in the\n interest of national defense or foreign policy, and\n\n (2) are in fact properly classified pursuant to such executive order (see § 0.457(a));\n\n (b) Relate solely to the internal personnel rules and practices of an agency (see § 0.457(b));\n\n\n47 CFR 0.603(b) (enhanced display) page 111 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.603(c)\nCommission Organization\n\n\n (c) Disclose matters specifically exempted from disclosure, by statute (other than the Freedom of Information\n Act, 5 U.S.C. 552). Provided, That such statute\n\n (1) requires that the matters be withheld from the public in such a manner as to leave no discretion on\n the issue, or\n\n (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld\n (see § 0.457(c));\n\n (d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or\n confidential (see § 0.457(d));\n\n (e) Involve accusing any person of a crime or formally censuring any person;\n\n (f) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted\n invasion of personal privacy (see § 0.457(f));\n\n (g) Disclose investigatory records compiled for law enforcement purposes, or information which if written\n would be contained in such records, but only to the extent that the production of such records or\n information would\n\n (1) interfere with enforcement proceedings,\n\n (2) deprive a person of a right to a fair trial or an impartial adjudication,\n\n (3) constitute an unwarranted invasion of personal privacy,\n\n (4) disclose the identity of a confidential source, and, in the case of a record compiled by a criminal law\n enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful\n national security intelligence investigation, confidential information furnished only by the confidential\n source,\n\n (5) disclose investigative techniques and procedures, or\n\n (6) endanger the life or physical safety of law enforcement personnel;\n\n (h) Disclose information contained in or related to examination, operating, or condition reports prepared by,\n on behalf of, or for the use of an agency responsible for the regulation or supervision of financial\n institutions;\n\n (i) Disclose information the premature disclosure of which would be likely to significantly frustrate\n implementation of a proposed agency action, except where the agency has already disclosed to the public\n the content or nature of the disclosed action, or where the agency is required by law to make such\n disclosure on its own initiative prior to taking final agency action on such proposal; or\n\n (j) Specifically concern the agency's issuance of a subpoena, or the agency's participation in a civil action or\n proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct,\n or disposition by the agency of a particular case of formal agency adjudication pursuant to the\n procedures specified in 5 U.S.C. 554 or otherwise involving a determination on the record after\n opportunity for hearing.\n\n§ 0.605 Procedures for announcing meetings.\n (a) Notice of all open and closed meetings will be given.\n\n\n\n47 CFR 0.605(a) (enhanced display) page 112 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.605(b)\nCommission Organization\n\n\n (b) The meeting notice will be submitted for publication in the FEDERAL REGISTER on or before the date on\n which the announcement is made. Copies will be available in the Press and News Media Division on the\n day the announcement is made. Copies will also be attached to “FCC Actions Alert”, which is mailed to\n certain individuals and groups who have demonstrated an interest in representing the public in\n Commission proceedings.\n\n (c)\n\n (1) If the agency staff determines that a meeting should be open to the public, it will, at least one week\n prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is\n to be open to the public, and the name and phone number of the Chief, Press and News Media\n Division, who has been designated to respond to requests for information about the meeting.\n\n (2) If the staff determines that a meeting should be closed to the public, it will refer the matter to the\n General Counsel, who will certify that there is (or is not) a legal basis for closing the meeting to the\n public. Following action by the General Counsel, the matter may be referred to the agency for a vote\n on the question of closing the meeting (See § 0.606).\n\n (d)\n\n (1) If the question of closing a meeting is considered by the agency but no vote is taken, the agency will,\n at least one week prior to the meeting, announce in writing the time, place and subject matter of the\n meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and\n News Media Division.\n\n (2) If a vote is taken, the agency will, in the same announcement and within one day after the vote, make\n public the vote of each participating Commissioner.\n\n (3) If the vote is to close the meeting, the agency will also, in that announcement, set out a full written\n explanation of its action, including the applicable provision(s) of § 0.603, and a list of persons\n expected to attend the meeting, including Commission personnel, together with their affiliations. The\n Commissioners, their assistants, the General Counsel, the Executive Director, the Chief, Press and\n News Media Division, and the Secretary are expected to attend all Commission meetings. The\n appropriate Bureau or Office Chief and Division Chief are expected to attend meetings which relate\n to their responsibilities (see subpart A of this part).\n\n (4) If a meeting is closed, the agency may omit from the announcement information usually included, if\n and to the extent that it finds that disclosure would be likely to have any of the consequences listed\n in § 0.603.\n\n (e) If the prompt and orderly conduct of agency business requires that a meeting be held less than one week\n after the announcement of the meeting, or before that announcement, the agency will issue the\n announcement at the earliest practicable time. In addition to other information, the announcement will\n contain the vote of each member of the agency who participated in the decision to give less than seven\n days notice, and the particular reason for that decision.\n\n (f) If, after announcement of a meeting, the time or place of the meeting is changed or the meeting is\n cancelled, the agency will announce the change at the earliest practicable time.\n\n (g) If the subject matter or the determination to open or close a meeting is changed, the agency will publicly\n announce the change and the vote of each member at the earliest practicable time. The announcement\n will contain a finding that agency business requires the change and that no earlier announcement of the\n change was possible.\n\n47 CFR 0.605(g) (enhanced display) page 113 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.606\nCommission Organization\n\n\n(47 U.S.C. 154, 155, 303)\n\n[42 FR 12867, Mar. 7, 1977, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70472, Dec. 7, 1979; 64 FR 2150, Jan. 13, 1999]\n\n\n§ 0.606 Procedures for closing a meeting to the public.\n (a) For every meeting closed under § 0.603, the General Counsel will certify that there is a legal basis for\n closing the meeting to the public and will state each relevant provision of § 0.603. The staff of the agency\n will refer the matter to the General Counsel for certification before it is referred to the agency for a vote on\n closing the meeting. Certifications will be retained in a public file in the Office of the Secretary.\n\n (b) The agency will vote on the question of closing a meeting.\n\n (1) If a member of the agency requests that a vote be taken;\n\n (2) If the staff recommends that a meeting be closed and one member of the agency requests that a\n vote be taken; or\n\n (3) If a person whose interests may be directly affected by a meeting requests the agency to close the\n meeting for any of the reasons listed in § 0.603 (e), (f) or (g), or if any person requests that a closed\n meeting be opened, and a member of the agency requests that a vote be taken. (Such requests may\n be filed with the Secretary at any time prior to the meeting and should briefly state the reason(s) for\n opening or closing the meeting. To assure that they reach the Commission for consideration prior to\n the meeting, they should be submitted at the earliest practicable time and should be called\n specifically to the attention of the Secretary—in person or by telephone. It will be helpful if copies of\n the request are furnished to the members of the agency and the General Counsel. The filing of a\n request shall not stay the holding of a meeting.)\n\n (c) A meeting will be closed to the public pursuant to § 0.603 only by vote of a majority of the entire\n membership of the agency. The vote of each participating Commissioner will be recorded. No\n Commissioner may vote by proxy.\n\n (d) A separate vote will be taken before any meeting is closed to the public and before any information is\n withheld from the meeting notice. However, a single vote may be taken with respect to a series of\n meetings proposed to be closed to the public, and with respect to information concerning such series of\n meetings (a vote on each question, if both are presented), if each meeting involves the same particular\n matters and is scheduled to be held no later than 30 days after the first meeting in the series.\n\n (e) Less than seven days notice may be given only by majority vote of the entire membership of the agency.\n\n (f) The subject matter or the determination to open or close a meeting will be changed only if a majority of\n the entire membership of the agency determines by recorded vote that agency business so requires and\n that no earlier announcement of the change was possible.\n\n[42 FR 12867, Mar. 7, 1977, as amended at 71 FR 15618, Mar. 29, 2006]\n\n\n§ 0.607 Transcript, recording or minutes; availability to the public.\n (a) The agency will maintain a complete transcript or electronic recording adequate to record fully the\n proceedings of each meeting closed to the public, except that in a meeting closed pursuant to paragraph\n (h) or (j) of § 0.603, the agency may maintain minutes in lieu of a transcript or recording. Such minutes\n shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any\n\n47 CFR 0.607(a) (enhanced display) page 114 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.607(b)\nCommission Organization\n\n\n actions taken, and the reasons therefor, including a description of each of the views expressed on any\n item and the record of any roll call vote. All documents considered in connection with any item will be\n identified in the minutes.\n\n (b) A public file of transcripts (or minutes) of closed meetings will be maintained in the Office of the\n Secretary. The transcript of a meeting will be placed in that file if, after the meeting, the responsible\n Bureau or Office Chief determines, in light of the discussion, that the meeting could have been open to the\n public or that the reason for withholding information concerning the matters discussed no longer\n pertains. Transcripts placed in the public file are available for inspection under § 0.460. Other transcripts,\n and separable portions thereof which do not contain information properly withheld under § 0.603, may be\n made available for inspection under § 0.461. When a transcript, or portion thereof, is made available for\n inspection under § 0.461, it will be placed in the public file. Copies of transcripts may be obtained from\n the duplicating contractor pursuant to § 0.465(a). There will be no search or transcription fee. Requests\n for inspection or copies of transcripts shall specify the date of the meeting, the name of the agenda and\n the agenda item number; this information will appear in the notice of the meeting. Pursuant to §\n 0.465(c)(3), the Commission will make copies of the transcript available directly, free of charge, if it serves\n the financial or regulatory interests of the United States.\n\n (c) The Commission will maintain a copy of the transcript or minutes for a period of at least two years after\n the meeting, or until at least one year after conclusion of the proceeding to which the meeting relates,\n whichever occurs later.\n\n (d) The Commissioner presiding at the meeting will prepare a statement setting out the time and place of the\n meeting, the names of persons other than Commission personnel who were present at the meeting, and\n the names of Commission personnel who participated in the discussion. These statements will be\n retained in a public file in the Minute and Rules Branch, Office of the Secretary.\n\n[42 FR 12867, Mar. 7, 1977, as amended at 71 FR 15618, Mar. 29, 2006]\n\n\nSubpart G—Intergovernmental Communication\n\nSource: 66 FR 8091, Jan. 29, 2001, unless otherwise noted.\n\n\n\n§ 0.701 Intergovernmental Advisory Committee.\n (a) Purpose and term of operations. The Intergovernmental Advisory Committee (IAC) is established to\n facilitate intergovernmental communication between municipal, county, state and tribal governments and\n the Federal Communications Commission. The IAC will commence operations with its first meeting\n convened under this section and is authorized to undertake its mission for a period of two years from that\n date. At his/her discretion, the Chairperson of the Federal Communications Commission may extend the\n IAC's term of operations for an additional two years, for which new members will be appointed as set\n forth in paragraph (b) of this section. Pursuant to Section 204(b) of the Unfunded Mandates Reform Act\n of 1995, 2 U.S.C. 1534(b), the IAC is not subject to, and is not required to follow, the procedures set forth\n in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988).\n\n (b) Membership. The IAC will be composed of 30 members (or their designated employees), with a minimum\n of: Four elected municipal officials (city mayors and city council members); two elected county officials\n (county commissioners or council members); one elected or appointed local government attorney; one\n elected state executive (governor or lieutenant governor); three elected state legislators; one elected or\n\n47 CFR 0.701(b) (enhanced display) page 115 of 116\n\f47 CFR Part 0 (up to date as of 2/20/2024)\n 47 CFR 0.701(c)\nCommission Organization\n\n\n appointed public utilities or public service commissioner; and three elected or appointed Native American\n tribal representatives. The Chairman of the Commission will appoint members through an application\n process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead the IAC. The\n Chairperson of the Commission will appoint members through an application process initiated by a Public\n Notice, and will select a Chairperson and a Vice Chairperson to lead the IAC. The Chairperson of the\n Commission will also appoint members to fill any vacancies and may replace an IAC member, at his or her\n discretion, using the appointment process. Members of the IAC are responsible for travel and other\n incidental expenses incurred while on IAC business and will not be reimbursed by the Commission for\n such expenses.\n\n (c) Location and frequency of meetings. The IAC will meet in Washington, DC four times a year. Members\n must attend a minimum of fifty percent of the IAC's yearly meetings and may be removed by the\n Chairperson of the IAC for failure to comply with this requirement.\n\n (d) Participation in IAC meetings. Participation at IAC meetings will be limited to IAC members or employees\n designated by IAC members to act on their behalf. Members unable to attend an IAC meeting should\n notify the IAC Chairperson a reasonable time in advance of the meeting and provide the name of the\n employee designated on their behalf. With the exception of Commission staff and individuals or groups\n having business before the IAC, no other persons may attend or participate in an IAC meeting.\n\n (e) Commission support and oversight. The Chairperson of the Commission, or Commissioner designated by\n the Chairperson for such purpose, will serve as a liaison between the IAC and the Commission and\n provide general oversight for its activities. The IAC will also communicate directly with the Chief,\n Consumer & Governmental Affairs Bureau, concerning logistical assistance and staff support, and such\n other matters as are warranted.\n\n[68 FR 52519, Sept. 4, 2003, as amended at 83 FR 733, Jan. 8, 2018; 88 FR 21433, Apr. 10, 2023]\n\n\n\n\n47 CFR 0.701(e) (enhanced display) page 116 of 116\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":38,"cells":{"Content":{"kind":"string","value":"47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR Part 18 (Feb. 20, 2024)\nIndustrial, Scientific, and Medical Equipment\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 18 Industrial, Scientific, and Medical Equipment\n Subpart A General Information\n § 18.101 Basis and purpose.\n § 18.107 Definitions.\n § 18.109 General technical requirements.\n § 18.111 General operating conditions.\n § 18.113 Inspection by Commission representatives.\n § 18.115 Elimination and investigation of harmful interference.\n § 18.117 Report of interference investigation.\n § 18.121 Exemptions.\n Subpart B Applications and Authorizations\n § 18.201 Scope.\n § 18.203 Equipment authorization.\n § 18.207 Technical report.\n § 18.209 Identification of authorized equipment.\n § 18.211 Multiple listing of equipment.\n § 18.212 Compliance information.\n § 18.213 Information to the user.\n Subpart C Technical Standards\n § 18.301 Operating frequencies.\n § 18.303 Prohibited frequency bands.\n § 18.305 Field strength limits.\n § 18.307 Conduction limits.\n § 18.309 Frequency range of measurements.\n § 18.311 Methods of measurement.\n § 18.313 Radio frequency exposure requirements.\n\n\nPART 18—INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT\nAuthority: 47 U.S.C. 154, 301, 302, 303, 304, 307.\n\nSource: 50 FR 36067, Sept. 5, 1985, unless otherwise noted.\n\nSubpart A—General Information\n47 CFR 18 (enhanced display) page 1 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.101\nIndustrial, Scientific, and Medical Equipment\n\n\n§ 18.101 Basis and purpose.\nThe rules in this part, in accordance with the applicable treaties and agreements to which the United States is a\nparty, are promulgated pursuant to section 302 of the Communications Act of 1934, as amended, vesting the\nFederal Communications Commission with authority to regulate industrial, scientific, and medical equipment (ISM)\nthat emits electromagnetic energy on frequencies within the radio frequency spectrum in order to prevent harmful\ninterference to authorized radio communication services. This part sets forth the conditions under which the\nequipment in question may be operated.\n\n§ 18.107 Definitions.\n (a) Radio frequency (RF) energy. Electromagnetic energy at any frequency in the radio spectrum from 9 kHz to\n 3 THz (3,000 GHz).\n\n (b) Harmful interference. Interference which endangers the functioning of a radionavigation service or of\n other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication\n service operating in accordance with this chapter.\n\n (c) Industrial, scientific, and medical (ISM) equipment. Equipment or appliances designed to generate and use\n locally RF energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in\n the field of telecommunication. Typical ISM applications are the production of physical, biological, or\n chemical effects such as heating, ionization of gases, mechanical vibrations, hair removal and\n acceleration of charged particles.\n\n (d) Industrial heating equipment. A category of ISM equipment used for or in connection with industrial\n heating operations utilized in a manufacturing or production process.\n\n (e) Medical diathermy equipment. A category of ISM equipment used for therapeutic purposes, not including\n surgical diathermy apparatus designed for intermittent operation with low power.\n\n (f) Ultrasonic equipment. A category of ISM equipment in which the RF energy is used to excite or drive an\n electromechanical transducer for the production of sonic or ultrasonic mechanical energy for industrial,\n scientific, medical or other noncommunication purposes.\n\n (g) Consumer ISM equipment. A category of ISM equipment used or intended to be used by the general public\n in a residential environment, notwithstanding use in other areas. Examples are domestic microwave\n ovens, jewelry cleaners for home use, ultrasonic humidifiers.\n\n (h) ISM frequency. A frequency assigned by this part for the use of ISM equipment. A specified tolerance is\n associated with each ISM frequency. See § 18.301.\n\n (i) Marketing. As used in this part, marketing shall include sale or lease, offer for sale or lease, advertising for\n sale or lease, the import or shipment or other distribution for the purpose of sale or lease or offer for sale\n or lease. See subpart I of part 2 of this chapter.\n\n (j) Magnetic resonance equipment. A category of ISM equipment in which RF energy is used to create images\n and data representing spatially resolved density of transient atomic resources within an object.\n\n\n Note: In the foregoing, sale (or lease) shall mean sale (or lease) to the user or a vendor who in turn\n sells (or leases) to the user. Sale shall not be construed to apply to devices sold to a second party\n for manufacture or fabrication into a device which is subsequently sold (or leased) to the user.\n\n\n47 CFR 18.107(j) (enhanced display) page 2 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.109\nIndustrial, Scientific, and Medical Equipment\n\n\n[50 FR 36067, Sept. 5, 1985, as amended at 59 FR 39472, Aug. 3, 1994]\n\n\n§ 18.109 General technical requirements.\nISM equipment shall be designed and constructed in accordance with good engineering practice with sufficient\nshielding and filtering to provide adequate suppression of emissions on frequencies outside the frequency bands\nspecified in § 18.301.\n\n§ 18.111 General operating conditions.\n (a) Persons operating ISM equipment shall not be deemed to have any vested or recognizable right to the\n continued use of any given frequency, by virtue of any prior equipment authorization and/or compliance\n with the applicable rules.\n\n (b) Subject to the exceptions in paragraphs (c) and (d) of this section and irrespective of whether the\n equipment otherwise complies with the rules in this part, the operator of ISM equipment that causes\n harmful interference to any authorized radio service shall promptly take whatever steps may be necessary\n to eliminate the interference.\n\n (c) The provisions of paragraph (b) of this section shall not apply in the case of interference to an authorized\n radio station or a radiocommunication device operating in an ISM frequency band.\n\n (d) The provisions of paragraph (b) of this section shall not apply in the case of interference to a receiver\n arising from direct intermediate frequency pickup by the receiver of the fundamental frequency emissions\n of ISM equipment operating in an ISM frequency band and otherwise complying with the requirements of\n this part.\n\n§ 18.113 Inspection by Commission representatives.\nUpon request by a representative of the Commission the manufacturer, owner, or operator of any ISM equipment\nshall make the equipment available for inspection and promptly furnish the Commission with such information as\nmay be required to indicate that the equipment complies with this part.\n\n§ 18.115 Elimination and investigation of harmful interference.\n (a) The operator of ISM equipment that causes harmful interference to radio services shall promptly take\n appropriate measures to correct the problem.\n\n (b) If the operator of ISM equipment is notified by the Commission's Regional Director that operation of such\n equipment is endangering the functioning of a radionavigation or safety service, the operator shall\n immediately cease operating the equipment. Operation may be resumed on a temporary basis only for the\n purpose of eliminating the harmful interference. Operation may be resumed on a regular basis only after\n the harmful interference has been eliminated and approval from the Regional Director obtained.\n\n (c) When notified by the Regional Director that a particular installation is causing harmful interference, the\n operator or manufacturer shall arrange for an engineer skilled in techniques of interference measurement\n and control to make an investigation to ensure that the harmful interference has been eliminated. The\n Regional Director may require the engineer making the investigation to furnish proof of his or her\n qualifications.\n\n[50 FR 36067, Sept. 5, 1985, as amended at 80 FR 53750, Sept. 8, 2015]\n\n\n47 CFR 18.115(c) (enhanced display) page 3 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.117\nIndustrial, Scientific, and Medical Equipment\n\n\n§ 18.117 Report of interference investigation.\n (a) An interim report on investigations and corrective measures taken pursuant to § 18.115 of this part shall\n be filed with the Regional Director of the local FCC office within 30 days of notification of harmful\n interference. The final report shall be filed with the Regional Director within 60 days of notification.\n\n (b) The date for filing the final report may be extended by the Regional Director when additional time is\n required to put into effect the corrective measures or to complete the investigation. The request for\n extension of time shall be accompanied by a progress report showing what has been accomplished to\n date.\n\n[80 FR 53750, Sept. 8, 2015]\n\n\n§ 18.121 Exemptions.\nNon-consumer ultrasonic equipment, and non-consumer magnetic resonance equipment, that is used for medical\ndiagnostic and monitoring applications is subject only to the provisions of §§ 18.105, 18.109 through 18.119,\n18.301 and 18.303 of this part.\n\n[59 FR 39472, Aug. 3, 1994; 60 FR 47302, Sept. 12, 1995]\n\n\nSubpart B—Applications and Authorizations\n§ 18.201 Scope.\nThis subpart contains the procedures and requirements for authorization to market or operate ISM equipment under\nthis part.\n\n§ 18.203 Equipment authorization.\n (a) Consumer ISM equipment, unless otherwise specified, must be authorized under either the Supplier's\n Declaration of Conformity or the certification procedure prior to use or marketing. An application for\n certification shall be filed with a Telecommunication Certification Body (TCB), pursuant to the relevant\n sections in part 2, subpart J of this chapter.\n\n (b) Consumer ultrasonic equipment generating less than 500 watts and operating below 90 kHz, and non-\n consumer ISM equipment shall be subject to Supplier's Declaration of Conformity, in accordance with the\n relevant sections of part 2, subpart J of this chapter.\n\n (c) Grants of equipment authorization issued, as well as on-site certifications performed, before March 1,\n 1986, remain in effect and no further action is required.\n\n[82 FR 50834, Nov. 2, 2017]\n\n\n§ 18.207 Technical report.\nWhen required by the Commission a technical report shall include at least the following information:\n\n (a) A description of the measurement facilities in accordance with § 2.948. If such a description is already on\n file with the Commission, it may be included by reference.\n\n\n47 CFR 18.207(a) (enhanced display) page 4 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.207(b)\nIndustrial, Scientific, and Medical Equipment\n\n\n (b) A copy of the installation and operating instructions furnished to the user. A draft copy of such\n instructions may be submitted with the application, provided a copy of the actual document to be\n furnished to the user is submitted as soon as it is available, but no later than 60 days after the grant of the\n application.\n\n (c) The full name and mailing address of the manufacturer of the device and/or applicant filing for the\n equipment authorization.\n\n (d) The FCC Identifier, trade name(s), and/or model number(s) under which the equipment is or will be\n marketed.\n\n (e) A statement of the rated technical parameters that includes:\n\n (1) A block and schematic diagram of the circuitry.\n\n (2) Nominal operating frequency.\n\n (3) Maximum RF energy generated.\n\n (4) Electrical power requirements of equipment.\n\n (5) Any other pertinent operating characteristics.\n\n (f) A report of measurements, including a list of the measuring equipment used, and a statement of the date\n when the measuring equipment was last calibrated and when the measurements were made. The\n frequency range that was investigated in obtaining the report of measurements shall be indicated. See\n also §§ 18.309 and 18.311.\n\n[50 FR 36067, Sept. 5, 1985, as amended at 63 FR 36603, July 7, 1998]\n\n\n§ 18.209 Identification of authorized equipment.\nEach device for which a grant of equipment authorization is issued under this part shall be identified pursuant to the\napplicable provisions of subpart J of part 2 of this chapter.\n\n[82 FR 50834, Nov. 2, 2017]\n\n\n§ 18.211 Multiple listing of equipment.\n (a) When the same or essentially the same equipment will be marketed under more than one FCC Identifier,\n equipment authorization must be requested on an FCC Form 731 for each FCC Identifier.\n\n (b) If equipment authorization for additional FCC Identifiers is requested in the initial application, a statement\n shall be included describing how these additional devices differ from the basic device which was\n measured and stating that the report of measurements submitted for the basic device applies also to the\n additional devices.\n\n (c) If equipment authorization for additional FCC Identifiers is requested after a grant has been issued by the\n FCC for the basic device, the application may, in lieu of the report of measurements, be accompanied by a\n statement including:\n\n (1) FCC Identifier of device for which measurements are on file with the FCC.\n\n\n\n\n47 CFR 18.211(c)(1) (enhanced display) page 5 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.211(c)(2)\nIndustrial, Scientific, and Medical Equipment\n\n\n (2) Date when equipment authorization was granted for the device(s) listed under paragraph (c)(1) of\n this section and the file number of such grant.\n\n (3) Description of the difference between the device listed under paragraph (c)(1) of this section and the\n additional device(s).\n\n (4) A statement that the report of measurements filed for the device listed under paragraph (c)(1) of this\n section applies also to the additional device(s).\n\n (5) Photographs pursuant to § 2.1033(c).\n\n§ 18.212 Compliance information.\n (a) Equipment authorized under Supplier's Declaration of Conformity shall include a compliance statement\n that contains the information set forth in § 2.1077 of this chapter and a statement identical or similar to\n the following: “This device complies with part 18 of the FCC Rules.”\n\n (b) The compliance information may be placed in the instruction manual, on a separate sheet, on the\n packaging, or electronically as permitted under § 2.935 of this chapter. There is no specific format for this\n information.\n\n[82 FR 50834, Nov. 2, 2017]\n\n\n§ 18.213 Information to the user.\nInformation on the following matters shall be provided to the user in the instruction manual or on the packaging if\nan instruction manual is not provided for any type of ISM equipment:\n\n (a) The interference potential of the device or system\n\n (b) Maintenance of the system\n\n (c) Simple measures that can be taken by the user to correct interference.\n\n (d) Manufacturers of RF lighting devices must provide an advisory statement, either on the product packaging\n or with other user documentation, similar to the following: This product may cause interference to radio\n equipment and should not be installed near maritime safety communications equipment or other critical\n navigation or communication equipment operating between 0.45–30 MHz. Variations of this language are\n permitted provided all the points of the statement are addressed and may be presented in any legible font\n or text style.\n\n[50 FR 36069, Sept. 5, 1985, as amended at 51 FR 17970, May 16, 1986; 64 FR 37419, July 12, 1999]\n\n\nSubpart C—Technical Standards\n§ 18.301 Operating frequencies.\nISM equipment may be operated on any frequency above 9 kHz except as indicated in § 18.303. The following\nfrequency bands, in accordance with § 2.106 of the rules, are designated for use by ISM equipment:\n\n\n\n\n47 CFR 18.301 (enhanced display) page 6 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.303\nIndustrial, Scientific, and Medical Equipment\n\n\n Table 1 to § 18.301\n\n ISM frequency Tolerance\n 6.78 MHz ± 15.0 kHz\n 13.56 MHz ± 7.0 kHz\n 27.12 MHz ± 163.0 kHz\n 40.68 MHz ± 20.0 kHz\n 915 MHz ± 13.0 MHz\n 2450 MHz ± 50.0 MHz\n 5800 MHz ± 75.0 MHz\n 24.125 GHz ± 125.0 MHz\n 61.25 GHz ± 250.0 MHz\n 122.50 GHz ± 500.0 MHz\n 245.00 GHz ± 1.0 GHz\n\n\n[85 FR 38740, June 26, 2020]\n\n\n§ 18.303 Prohibited frequency bands.\nOperation of ISM equipment within the following safety, search and rescue frequency bands is prohibited: 490–510\nkHz, 2170–2194 kHz, 8354–8374 kHz, 121.4–121.6 MHz, 156.7–156.9 MHz, and 242.8–243.2 MHz.\n\n§ 18.305 Field strength limits.\n (a) ISM equipment operating on a frequency specified in § 18.301 is permitted unlimited radiated energy in\n the band specified for that frequency.\n\n (b) The field strength levels of emissions which lie outside the bands specified in § 18.301, unless otherwise\n indicated, shall not exceed the following:\n\n Operating RF Power generated by Field strength limit Distance\n Equipment\n frequency equipment (watts) (uV/m) (meters)\n Any type unless otherwise Any ISM Below 500 25 300\n 1300\n specified (miscellaneous) frequency 500 or more 25 × SQRT(power/\n 500)\n Any non-ISM Below 500 15 300\n 1300\n frequency 500 or more 15 × SQRT(power/\n 500)\n Industrial heaters and RF On or below Any 10 1,600\n stabilized arc welders 5,725 MHz Any ( 2) ( 2)\n Above 5,725\n MHz\n Medical diathermy Any ISM Any 25 300\n frequency Any 15 300\n Any non-ISM\n frequency\n\n47 CFR 18.305(b) (enhanced display) page 7 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.305(c)\nIndustrial, Scientific, and Medical Equipment\n\n\n Operating RF Power generated by Field strength limit Distance\n Equipment\n frequency equipment (watts) (uV/m) (meters)\n Ultrasonic Below 490 Below 500 2,400/F(kHz) 300\n 3\n kHz 500 or more 2,400/F(kHz) × 300\n SQRT(power/500)\n 490 to 1,600 Any 24,000/F(kHz) 30\n kHz Any 15 30\n Above 1,600\n kHz\n 4\n Induction cooking ranges Below 90 Any 1,500 30\n 4\n kHz Any 300 30\n On or above\n 90 kHz\n\n 1\n Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment operating below\n 1000 MHz is not permitted the increase in field strength otherwise permitted here for power over\n 500 watts.\n\n 2\n Reduced to the greatest extent possible.\n\n 3 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment is not permitted\n the increase in field strength otherwise permitted here for over 500 watts.\n\n 4\n Induction cooking ranges manufactured prior to February 1, 1980, shall be subject to the field\n strength limits for miscellaneous ISM equipment.\n\n (c) The field strength limits for RF lighting devices shall be the following:\n\n Frequency (MHz) Field strength limit at 30 meters (μV/m)\n Non-consumer equipment:\n 30–88 30\n 88–216 50\n 216–1000 70\n Consumer equipment:\n 30–88 10\n 88–216 15\n 216–1000 20\n\n\nNotes\n 1. The tighter limit shall apply at the boundary between two frequency ranges.\n\n\n\n\n47 CFR 18.305(c) (enhanced display) page 8 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.307\nIndustrial, Scientific, and Medical Equipment\n\n\n 2. Testing for compliance with these limits may be made at closer distances, provided a sufficient number of\n measurements are taken to plot the radiation pattern, to determine the major lobes of radiation, and to\n determine the expected field strength level at 30, 300, or 1600 meters. Alternatively, if measurements are made\n at only one closer fixed distance, then the permissible field strength limits shall be adjusted using 1/d as an\n attenuation factor.\n\n[50 FR 36070, Sept. 5, 1985, as amended at 51 FR 17970, May 16, 1986; 52 FR 43197, Nov. 10, 1987]\n\n\n§ 18.307 Conduction limits.\nFor the following equipment, when designed to be connected to the public utility (AC) power line the radio frequency\nvoltage that is conducted back onto the AC power line on any frequency or frequencies shall not exceed the limits in\nthe following tables. Compliance with the provisions of this paragraph shall be based on the measurement of the\nradio frequency voltage between each power line and ground at the power terminal using a 50 μH/50 ohms line\nimpedance stabilization network (LISN).\n\n (a) All Induction cooking ranges and ultrasonic equipment:\n\n Conducted limit (dBμV)\n Frequency of emission (MHz)\n Quasi-peak Average\n 0.009–0.05 110 —\n 0.05–0.15 90–80 * —\n 0.15–0.5 66 to 56 * 56 to 46 *\n 0.5–5 56 46\n 5–30 60 50\n\n\n * Decreases with the logarithm of the frequency.\n\n (b) All other part 18 consumer devices:\n\n Conducted limit (dBμV)\n Frequency of emission (MHz)\n Quasi-peak Average\n 0.15–0.5 66 to 56 * 56 to 46 *\n 0.5–5 56 46\n 5–30 60 50\n\n\n * Decreases with the logarithm of the frequency.\n\n (c) RF lighting devices:\n\n Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV)\n Non-consumer equipment:\n 0.45 to 1.6 1,000\n 1.6 to 30 3,000\n Consumer equipment:\n\n47 CFR 18.307(c) (enhanced display) page 9 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.307(d)\nIndustrial, Scientific, and Medical Equipment\n\n\n Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV)\n 0.45 to 2.51 250\n 2.51 to 3.0 3,000\n 3.0 to 30 250\n\n\n (d) If testing with a quasi-peak detector demonstrates that the equipment complies with the average limits\n specified in the appropriate table in this section, additional testing to demonstrate compliance using an\n average detector is not required.\n\n (e) These conduction limits shall apply only outside of the frequency bands specified in § 18.301.\n\n (f) For ultrasonic equipment, compliance with the conducted limits shall preclude the need to show\n compliance with the field strength limits below 30 MHz unless requested by the Commission.\n\n (g) The tighter limits shall apply at the boundary between two frequency ranges.\n\n[50 FR 36067, Sept. 5, 1985, as amended at 52 FR 43198, Nov. 10, 1987; 64 FR 37419, July 12, 1999; 67 FR 45671, July 10, 2002]\n\n\n§ 18.309 Frequency range of measurements.\n (a) For field strength measurements:\n\n\n Frequency band in which Range of frequency measurements\n device operates (MHz) Lowest frequency Highest frequency\n Below 1.705 Lowest frequency generated in the device, 30 MHz.\n but not lower than 9 kHz\n 1.705 to 30 Lowest frequency generated in the device, 400 MHz.\n but not lower than 9 kHz\n 30 to 500 Lowest frequency generated in the device Tenth harmonic or 1,000\n or 25 MHz, whichever is lower MHz, whichever is higher.\n 500 to 1,000 Lowest frequency generated in the device Tenth harmonic.\n or 100 MHz, whichever is lower\n Above 1,000 ......do Tenth harmonic or highest\n detectable emission.\n\n\n (b) For conducted powerline measurements, the frequency range over which the limits are specified will be\n scanned.\n\n[50 FR 36070, Sept. 5, 1985, as amended at 51 FR 17971, May 16, 1986]\n\n\n§ 18.311 Methods of measurement.\nThe measurement techniques used to determine compliance with the technical requirements of this part are set out\nin FCC MP–5, “FCC Methods of Measurements of Radio Noise Emissions from Industrial, Scientific, and Medical\nequipment,” or compliance measurements made in accordance with the specific procedures otherwise authorized\nby the Commission.\n\n[82 FR 50835, Nov. 2, 2017]\n\n47 CFR 18.311 (enhanced display) page 10 of 11\n\f47 CFR Part 18 (up to date as of 2/20/2024)\n 47 CFR 18.313\nIndustrial, Scientific, and Medical Equipment\n\n\n§ 18.313 Radio frequency exposure requirements.\nRadio frequency devices operating under the provisions of this part are subject to the radio frequency radiation\nexposure requirements specified in §§ 1.1307(b), 1.1310, 2.1091, and 2.1093 of this chapter, as appropriate.\n\n[85 FR 18150, Apr. 1, 2020]\n\n\n\n\n47 CFR 18.313 (enhanced display) page 11 of 11\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":39,"cells":{"Content":{"kind":"string","value":"47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR Part 69 (Feb. 20, 2024)\nAccess Charges\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\n\n\n\n47 CFR Part 69 (Feb. 20, 2024) (enhanced display) page 1 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR Part 69 (Feb. 20, 2024)\nAccess Charges\n\n\nPart 69 Access Charges\n Subpart A General\n § 69.1 Application of access charges.\n § 69.2 Definitions.\n § 69.3 Filing of access service tariffs.\n § 69.4 Charges to be filed.\n § 69.5 Persons to be assessed.\n Subpart B Computation of Charges\n § 69.101 General.\n § 69.104 End user common line for non-price cap incumbent local exchange carriers.\n § 69.105 Carrier common line for non-price cap local exchange carriers.\n § 69.106 Local switching.\n § 69.108 Transport rate benchmark.\n § 69.109 Information.\n § 69.110 Entrance facilities.\n § 69.111 Tandem-switched transport and tandem charge.\n § 69.112 Direct-trunked transport.\n § 69.113 Non-premium charges for MTS-WATS equivalent services.\n § 69.114 Special access.\n § 69.115 Special access surcharges.\n § 69.118 Traffic sensitive switched services.\n § 69.119 Basic service element expedited approval process.\n § 69.120 Line information database.\n § 69.121 Connection charges for expanded interconnection.\n § 69.123 Density pricing zones for special access and switched transport.\n § 69.124 Interconnection charge.\n § 69.125 Dedicated signalling transport.\n § 69.128 Billing name and address.\n § 69.129 Signalling for tandem switching.\n § 69.130 Line port costs in excess of basic analog service.\n § 69.131 Universal service end user charges.\n § 69.132 End user Consumer Broadband-Only Loop charge for non-price cap incumbent local\n exchange carriers.\n Subpart C Computation of Charges for Price Cap Local Exchange Carriers\n § 69.151 Applicability.\n § 69.152 End user common line for price cap local exchange carriers.\n § 69.153 Presubscribed interexchange carrier charge (PICC).\n § 69.154 Per-minute carrier common line charge.\n § 69.155 Per-minute residual interconnection charge.\n\n47 CFR Part 69 (Feb. 20, 2024) (enhanced display) page 2 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR Part 69 (Feb. 20, 2024)\nAccess Charges\n\n\n § 69.156 Marketing expenses.\n § 69.157 Line port costs in excess of basic, analog service.\n § 69.158 Universal service end user charges.\n Subpart D Apportionment of Net Investment\n § 69.301 General.\n § 69.302 Net investment.\n § 69.303 Information origination/termination equipment (IOT).\n § 69.304 Subscriber line cable and wire facilities.\n § 69.305 Carrier cable and wire facilities (C&WF).\n § 69.306 Central office equipment (COE).\n § 69.307 General support facilities.\n § 69.308 [Reserved]\n § 69.309 Other investment.\n § 69.310 Capital leases.\n § 69.311 Consumer Broadband-Only Loop investment.\n Subpart E Apportionment of Expenses\n § 69.401 Direct expenses.\n § 69.402 Operating taxes (Account 7200).\n § 69.403 Marketing expense (Account 6610).\n § 69.404 Telephone operator services expenses in Account 6620.\n § 69.405 Published directory expenses in Account 6620.\n § 69.406 Local business office expenses in Account 6620.\n § 69.407 Revenue accounting expenses in Account 6620.\n § 69.408 All other customer services expenses in Account 6620.\n § 69.409 Corporate operations expenses (included in Account 6720).\n § 69.411 Other expenses.\n § 69.412 Non participating company payments/receipts.\n § 69.413 High cost loop support universal service fund expenses.\n § 69.414 Lifeline assistance expenses.\n § 69.415 Reallocation of certain transport expenses.\n § 69.416 Consumer Broadband-Only Loop expenses.\n Subpart F Segregation of Common Line Element Revenue Requirement\n § 69.501 General.\n § 69.502 Base factor allocation.\n Subpart G Exchange Carrier Association\n § 69.601 Exchange carrier association.\n § 69.602 Board of directors.\n § 69.603 Association functions.\n § 69.604 Billing and collection of access charges.\n\n47 CFR Part 69 (Feb. 20, 2024) (enhanced display) page 3 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR Part 69 (Feb. 20, 2024)\nAccess Charges\n\n\n § 69.605 Reporting and distribution of pool access revenues.\n § 69.606 Computation of average schedule company payments.\n § 69.607 Disbursement of Carrier Common Line residue.\n § 69.608 Carrier Common Line hypothetical net balance.\n § 69.609 End User Common Line hypothetical net balances.\n § 69.610 Other hypothetical net balances.\n Subpart H Pricing Flexibility\n § 69.701 Application of the rules in this subpart.\n § 69.703 Definitions.\n § 69.705 Procedure.\n § 69.707 Geographic scope of petition.\n § 69.709 Dedicated transport and special access services other than channel terminations\n between LEC end offices and customer premises.\n § 69.711 Channel terminations between LEC end offices and customer premises.\n § 69.713 Common line, traffic-sensitive, and tandem-switched transport services.\n §§ 69.714-69.724 [Reserved]\n § 69.725 Attribution of revenues to particular wire centers.\n § 69.727 Regulatory relief.\n § 69.729 New services.\n § 69.731 Low-end adjustment mechanism.\n Subpart I Business Data Services\n § 69.801 Definitions.\n § 69.803 Competitive market test.\n § 69.805 Prohibition on certain non-disclosure agreement conditions.\n § 69.807 Regulatory relief.\n § 69.809 Low-end adjustment mechanism.\n\n\nPART 69—ACCESS CHARGES\nAuthority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.\n\nSource: 48 FR 10358, Mar. 11, 1983, unless otherwise noted.\n\nSubpart A—General\n§ 69.1 Application of access charges.\n (a) This part establishes rules for access charges for interstate or foreign access services provided by\n telephone companies on or after January 1, 1984.\n\n\n\n\n47 CFR 69.1(a) (enhanced display) page 4 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.1(b)\nAccess Charges\n\n\n (b) Except as provided in § 69.1(c), charges for such access service shall be computed, assessed, and\n collected and revenues from such charges shall be distributed as provided in this part. Access service\n tariffs shall be filed and supported as provided under part 61 of this chapter, except as modified herein.\n\n (c) The following provisions of this part shall apply to telephone companies subject to price cap regulation\n only to the extent that application of such provisions is necessary to develop the nationwide average\n carrier common line charge, for purposes of reporting pursuant to §§ 43.21 and 43.22 of this chapter, and\n for computing initial charges for new rate elements: §§ 69.3(f), 69.106(b), 69.106(f), 69.106(g), 69.109(b),\n 69.110(d), 69.111(c), 69.111(g)(1), 69.111(g)(2), 69.111(g)(3), 69.111(l), 69.112(d), 69.114(b), 69.114(d),\n 69.125(b)(2), 69.301 through 69.310, and 69.401 through 69.412. The computation of rates pursuant to\n these provisions by telephone companies subject to price cap regulation shall be governed by the price\n cap rules set forth in part 61 of this chapter and other applicable Commission rules and orders.\n\n (d) To the extent any provision contained in 47 CFR part 51 subparts H and J conflict with any provision of\n this part, the 47 CFR part 51 provision supersedes the provision of this part.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 55 FR 42385, Oct. 19, 1990; 58 FR 41189, Aug. 3, 1993; 62 FR 40463, July 29, 1997;\n76 FR 73882, Nov. 29, 2011]\n\n\n§ 69.2 Definitions.\nFor purposes of the part:\n\n (a) Access minutes or Access minutes of use is that usage of exchange facilities in interstate or foreign\n service for the purpose of calculating chargeable usage. On the originating end of an interstate or foreign\n call, usage is to be measured from the time the originating end user's call is delivered by the telephone\n company and acknowledged as received by the interexchange carrier's facilities connected with the\n originating exchange. On the terminating end of an interstate or foreign call, usage is to be measured\n from the time the call is received by the end user in the terminating exchange. Timing of usage at both the\n originating and terminating end of an interstate or foreign call shall terminate when the calling or called\n party disconnects, whichever event is recognized first in the originating and terminating end exchanges,\n as applicable.\n\n (b) Access service includes services and facilities provided for the origination or termination of any interstate\n or foreign telecommunication.\n\n (c) Annual revenue requirement means the sum of the return component and the expense component.\n\n (d) Association means the telephone company association described in subpart G of this part.\n\n (e) Big Three Expenses are the combined expense groups comprising: Plant Specific Operations Expense,\n Accounts 6110, 6120, 6210, 6220, 6230, 6310 and 6410; Plant Nonspecific Operations Expenses,\n Accounts 6510, 6530 and 6540, and Customer Operations Expenses, Accounts 6610 and 6620.\n\n (f) Big Three Expense Factors are the ratios of the sum of Big Three Expenses apportioned to each element\n or category to the combined Big Three Expenses.\n\n (g) Cable and wire facilities includes all equipment or facilities that are described as cable and wire facilities\n in the Separations Manual and included in Account 2410.\n\n (h) Carrier cable and wire facilities means all cable and wire facilities that are not subscriber line cable and\n wire facilities.\n\n47 CFR 69.2(h) (enhanced display) page 5 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.2(i)\nAccess Charges\n\n\n (i) Central Office Equipment or COE includes all equipment or facilities that are described as Central Office\n Equipment in the Separations Manual and included in Accounts 2210, 2220 and 2230.\n\n (j) Corporate operations expenses are included in General and Administrative Expenses (Account 6720).\n\n (k) Customer operations expenses include Marketing and Services expenses in Accounts 6610 and 6620,\n respectively.\n\n (l) Direct expense means expenses that are attributable to a particular category or categories of tangible\n investment described in subpart D of this part and includes:\n\n (1) Plant Specific Operations expenses in Accounts 6110, 6120, 6210, 6220, 6230, 6310 and 6410; and\n\n (2) Plant Nonspecific Operations Expenses in Accounts 6510, 6530, 6540 and 6560.\n\n (m) End user means any customer of an interstate or foreign telecommunications service that is not a carrier\n except that a carrier other than a telephone company shall be deemed to be an “end user” when such\n carrier uses a telecommunications service for administrative purposes and a person or entity that offers\n telecommunications services exclusively as a reseller shall be deemed to be an “end user” if all resale\n transmissions offered by such reseller originate on the premises of such reseller.\n\n (n) Entry switch means the telephone company switch in which a transport line or trunk terminates.\n\n (o) Expense component means the total expenses and income charges for an annual period that are\n attributable to a particular element or category.\n\n (p) Expenses include allowable expenses in the Uniform System of Accounts, part 32, apportioned to\n interstate or international services pursuant to the Separations Manual and allowable income charges\n apportioned to interstate and international services pursuant to the Separations Manual.\n\n (q) General support facilities include buildings, land, vehicles, aircraft, work equipment, furniture, office\n equipment and general purpose computers as described in the Separations Manual and included in\n Account 2110.\n\n (r) Information origination/termination equipment includes all equipment or facilities that are described as\n information origination/termination equipment in the Separations Manual and in Account 2310 except\n information origination/termination equipment that is used by telephone companies in their own\n operations.\n\n (s) Interexchange or the interexchange category includes services or facilities provided as an integral part of\n interstate or foreign telecommunications that is not described as “access service” for purposes of this\n part.\n\n (t) Level I Contributors. Telephone companies that are not association Common Line tariff participants, file\n their own Common Line tariffs effective April 1, 1989, and had a lower than average Common Line\n revenue requirement per minute of use in 1988 and thus were net contributors (i.e., had a negative net\n balance) to the association Common Line pool in 1988.\n\n (u) Level I Receivers. Telephone companies that are not association Common Line tariff participants, file their\n own Common Line tariffs effective April 1, 1989, and had a higher than average Common Line revenue\n requirement per minute of use in 1988 and thus were net receivers (i.e., had a positive net balance) from\n the association Common Line Pool in 1988.\n\n\n\n\n47 CFR 69.2(u) (enhanced display) page 6 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.2(v)\nAccess Charges\n\n\n (v) Level II Contributors. A telephone company or group of affiliated telephone companies with fewer than\n 300,000 access lines and less than $150 million in annual operating revenues that is not an association\n Common Line tariff participant, that files its own Common Line tariff effective July 1, 1990, and that had a\n lower than average Common Line revenue requirement per minute of use in 1988 and thus was a net\n contributor (i.e., had a negative net balance) to the association Common Line pool in 1988.\n\n (w) Level II Receivers. A telephone company or group of affiliated telephone companies with fewer than\n 300,000 access lines and less than $150 million in annual operating revenues that is not an association\n Common Line tariff participant, that files its own Common Line tariff effective July 1, 1990, and that had a\n higher than average Common Line revenue requirement per minute of use in 1988 and thus was a net\n receiver (i.e., had a positive net balance) from the association Common Line pool in 1988.\n\n (x) Line or Trunk includes, but is not limited to, transmission media such as radio, satellite, wire, cable and\n fiber optic cable means of transmission.\n\n (y) [Reserved]\n\n (z) Net investment means allowable original cost investment in Accounts 2001 through 2003, 1220 and the\n investments in nonaffiliated companies included in Account 1410, that has been apportioned to interstate\n and foreign services pursuant to the Separations Manual from which depreciation, amortization and other\n reserves attributable to such investment that has been apportioned to interstate and foreign services\n pursuant to the Separations Manual have been subtracted and to which working capital that is attributable\n to interstate and foreign services has been added.\n\n (aa) Operating taxes include all taxes in Account 7200;\n\n (bb) Origination of a service that is switched in a Class 4 switch or an interexchange switch that performs an\n equivalent function ends when the transmission enters such switch and termination of such a service\n begins when the transmission leaves such a switch, except that;\n\n (1) Switching in a Class 4 switch or transmission between Class 4 switches that is not deemed to be\n interexchange for purposes of the Modified Final Judgement entered August 24, 1982, in United\n States v Western Electric Co., D.C. Civil Action No. 82–0192, will be “origination” or “termination” for\n purposes of this part; and\n\n (2) Origination and Termination does not include the use of any part of a line, trunk or switch that is not\n owned or leased by a telephone company.\n\n (cc) Origination of any service other than a service that is switched in a Class 4 switch or a switch that\n performs an equivalent function ends and “termination” of any such service begins at a point of\n demarcation that corresponds with the point of demarcation that is used for a service that is switched in\n a Class 4 switch or a switch that performs an equivalent function.\n\n (dd) Private line means a line that is used exclusively for an interexchange service other than MTS, WATS or an\n MTS-WATS equivalent service, including a line that is used at the closed end of an FX WATS or CCSA\n service or any service that is substantially equivalent to a CCSA service.\n\n (ee) Public telephone is a telephone provided by a telephone company through which an end user may\n originate interstate or foreign telecommunications for which he pays with coins or by credit card, collect\n or third number billing procedures.\n\n (ff) Return component means net investment attributable to a particular element or category multiplied by the\n authorized annual rate of return.\n\n47 CFR 69.2(ff) (enhanced display) page 7 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.2(gg)\nAccess Charges\n\n\n (gg) Subscriber line cable and wire facilities means all lines or trunks on the subscriber side of a Class 5 or end\n office switch, including lines or trunks that do not terminate in such a switch, except lines or trunks that\n connect an interexchange carrier.\n\n (hh) Telephone company or Local exchange carrier as used in this part means an incumbent local exchange\n carrier as defined in section 251(h)(1) of the 1934 Act as amended by the 1996 Act.\n\n (ii) Transitional support (TRS) means funds provided by telephone companies that are not association\n Common Line tariff participants, but were net contributors to the association Common Line pool in 1988,\n to telephone companies that are not association Common Line tariff participants and were net receivers\n from the association Common Line pool in 1988.\n\n (jj) Unit of capacity means the capability to transmit one conversation.\n\n (kk) WATS access line means a line or trunk that is used exclusively for WATS service.\n\n (ll) Equal access investment and equal access expenses mean equal access investment and expenses as\n defined for purposes of the part 36 separations rules.\n\n (mm) Basic service elements are optional unbundled features that enhanced service providers may require or\n find useful in the provision of enhanced services, as defined in Amendments of part 69 of the\n Commission's rules relating to the Creation of Access Charge Subelements for Open Network\n Architecture, Report and Order, 6 FCC Rcd ____, CC Docket No. 89–79, FCC 91–186 (1991).\n\n (nn) Dedicated signalling transport means transport of out-of-band signalling information between an\n interexchange carrier or other person's common channel signalling network and a telephone company's\n signalling transport point on facilities dedicated to the use of a single customer.\n\n (oo) Direct-trunked transport means transport on circuits dedicated to the use of a single interexchange carrier\n or other person, without switching at the tandem,\n\n (1) Between the serving wire center and the end office, or\n\n (2) Between two customer-designated telephone company offices.\n\n (pp) End office means the telephone company office from which the end user receives exchange service.\n\n (qq) Entrance facilities means transport from the interexchange carrier or other person's point of demarcation\n to the serving wire center.\n\n (rr) Serving wire center means the telephone company central office designated by the telephone company to\n serve the geographic area in which the interexchange carrier or other person's point of demarcation is\n located.\n\n (ss) Tandem-switched transport means transport of traffic that is switched at a tandem switch—\n\n (1) Between the serving wire center and the end office, or\n\n (2) Between the telephone company office containing the tandem switching equipment, as described in\n § 36.124 of this chapter, and the end office.\n\n Tandem-switched transport between a serving wire center and an end office consists of circuits dedicated\n to the use of a single interexchange carrier or other person from the serving wire center to the tandem\n (although this dedicated link will not exist if the serving wire center and the tandem are located in the\n same place) and circuits used in common by multiple interexchange carriers or other persons from the\n tandem to the end office.\n\n47 CFR 69.2(ss)(2) (enhanced display) page 8 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.2(tt)\nAccess Charges\n\n\n (tt) [Reserved]\n\n (uu) Price cap regulation means the method of regulation of dominant carriers provided in §§ 61.41 through\n 61.49 of this chapter.\n\n (vv) Signalling for tandem switching means the carrier identification code (CIC) and the OZZ code, or\n equivalent information needed to perform tandem switching functions. The CIC identifies the\n interexchange carrier and the OZZ identifies the interexchange carrier trunk to which traffic should be\n routed.\n\n (ww) Interstate common line support (ICLS) means funds that are provided pursuant to § 54.901 of this\n chapter.\n\n[52 FR 37309, Oct. 6, 1987]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 69.2, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 69.3 Filing of access service tariffs.\n (a) Except as provided in paragraphs (g) and (h) of this section, a tariff for access service shall be filed with\n this Commission for a two-year period. Such tariffs shall be filed with a scheduled effective date of July 1.\n Such tariff filings shall be limited to rate level changes.\n\n (b) The requirements imposed by paragraph (a) of this section shall not preclude the filing of revisions to\n those annual tariffs that will become effective on dates other than July 1.\n\n (c) Any access service tariff filing, the filing of any petitions for rejection, investigation or suspension and the\n filing of any responses to such petitions shall comply with the applicable rules of this Commission\n relating to tariff filings.\n\n (d) The association shall file a tariff as agent for all telephone companies that participate in an association\n tariff.\n\n (e) A telephone company or group of telephone companies may file a tariff that is not an association tariff.\n Such a tariff may cross-reference the association tariff for some access elements and include separately\n computed charges of such company or companies for other elements. Any such tariff must comply with\n the requirements hereinafter provided:\n\n (1) Such a tariff must cross reference association charges for the Carrier Common Line and End User\n Common Line element or elements if such company or companies participate in the pooling of\n revenues and revenue requirements for such elements.\n\n (2) Such a tariff that cross-references an association charge for any end user access element must\n cross-reference association charges for all end user access elements;\n\n (3) Such a tariff that cross-references an association charge for any carrier's carrier access element\n other than the Carrier Common Line element must cross-reference association charges for all\n carrier's carrier access charges other than the Carrier Common Line element;\n\n (4) Except for charges subject to price cap regulation as that term is defined in § 61.3(v) of this chapter,\n any charge in such a tariff that is not an association charge must be computed to reflect the\n combined investment and expenses of all companies that participate in such a charge;\n\n47 CFR 69.3(e)(4) (enhanced display) page 9 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.3(e)(5)\nAccess Charges\n\n\n (5) A telephone company or companies that elect to file such a tariff for 1984 access charges shall\n notify AT&T on or before the 40th day after the release of the Commission order adopting this part;\n\n (6) Except as provided in paragraph (e)(12) of this section, a telephone company or companies that\n elect to file such a tariff shall notify the association not later than March 1 of the year the tariff\n becomes effective, if such company or companies did not file such a tariff in the preceding biennial\n period or cross-reference association charges in such preceding period that will be cross-referenced\n in the new tariff. A telephone company or companies that elect to file such a tariff not in the biennial\n period shall file its tariff to become effective July 1 for a period of one year. Thereafter, such\n telephone company or companies must file its tariff pursuant to paragraphs (f)(1) or (f)(2) of this\n section.\n\n (7) Such a tariff shall not contain charges for any access elements that are disaggregated or\n deaveraged within a study area that is used for purposes of jurisdictional separations, except as\n otherwise provided in this chapter.\n\n (8) Such a tariff shall not contain charges included in the billing and collection category.\n\n (9) Except as provided in paragraph (e)(12) of this section, a telephone company or group of affiliated\n telephone companies that elects to file its own Carrier Common Line tariff pursuant to paragraph (a)\n of this section shall notify the association not later than March 1 of the year the tariff becomes\n effective that it will no longer participate in the association tariff. A telephone company or group of\n affiliated telephone companies that elects to file its own Carrier Common Line tariff for one of its\n study areas shall file its own Carrier Common Line tariff(s) for all of its study areas.\n\n (10) Any data supporting a tariff that is not an association tariff shall be consistent with any data that the\n filing carrier submitted to the association.\n\n (11) Any changes in Association common line tariff participation and Long Term and Transitional Support\n resulting from the merger or acquisition of telephone properties are to be made effective on the next\n annual access tariff filing effective date following consummation of the merger or acquisition\n transaction, in accordance with the provisions of § 69.3(e)(9).\n\n (12)\n\n (i) A local exchange carrier, or a group of affiliated carriers in which at least one carrier is engaging\n in access stimulation, as that term is defined in § 61.3(bbb) of this chapter, shall file its own\n access tariffs within forty-five (45) days of commencing access stimulation, as that term is\n defined in § 61.3(bbb) of this chapter, or within forty-five (45) days of December 29, 2011 if the\n local exchange carrier on that date is engaged in access stimulation, as that term is defined in\n § 61.3(bbb) of this chapter.\n\n (ii) Notwithstanding paragraphs (e)(6) and (e)(9) of this section, a local exchange carrier, or a group\n of affiliated carriers in which at least one carrier is engaging in access stimulation, as that term\n is defined in § 61.3(bbb) of this chapter, must withdraw from all interstate access tariffs issued\n by the association within forty-five (45) days of engaging in access stimulation, as that term is\n defined in § 61.3(bbb) of this chapter, or within forty-five (45) days of December 29, 2011 if the\n local exchange carrier on that date is engaged in access stimulation, as that term is defined in\n § 61.3(bbb) of this chapter.\n\n\n\n\n47 CFR 69.3(e)(12)(ii) (enhanced display) page 10 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.3(e)(12)(iii)\nAccess Charges\n\n\n (iii) Any such carrier(s) shall notify the association when it begins access stimulation, or on\n December 29, 2011 if it is engaged in access stimulation, as that term is defined in § 61.3(bbb)\n of this chapter, on that date, of its intent to leave the association tariffs within forty-five (45)\n days.\n\n (iv) Notwithstanding any other provision of this part, if a rate-of-return local exchange carrier is\n engaged in Access Stimulation, or a group of affiliated carriers in which at least one carrier is\n engaging in Access Stimulation, as defined in § 61.3(bbb) of this chapter, it shall:\n\n (A) Within 45 days of commencing Access Stimulation, or within 45 days of November 27,\n 2019, whichever is later, file tariff revisions removing from its tariff terminating switched\n access tandem switching and terminating switched access tandem transport access\n charges assessable to an Interexchange Carrier for any traffic between the tandem and\n the local exchange carrier's terminating end office or equivalent; and\n\n (B) Within 45 days of commencing Access Stimulation, or within 45 days of November 27,\n 2019, whichever is later, the local exchange carrier shall not file a tariffed rate for\n terminating switched access tandem switching or terminating switched access tandem\n transport access charges that is assessable to an Interexchange Carrier for any traffic\n between the tandem and the local exchange carrier's terminating end office or equivalent.\n\n (f)\n\n (1) A tariff for access service provided by a telephone company that is required to file an access tariff\n pursuant to § 61.38 of this Chapter shall be filed for a biennial period and with a scheduled effective\n date of July 1 of any even numbered year.\n\n (2) A tariff for access service provided by a telephone company that may file an access tariff pursuant to\n § 61.39 of this Chapter shall be filed for a biennial period and with a scheduled effective date of July\n 1 of any odd numbered year. Any such telephone company that does not elect to file an access tariff\n pursuant to the § 61.39 procedures, and does not participate in the Association tariff, and does not\n elect to become subject to price cap regulation, must file an access tariff pursuant to § 61.38 for a\n biennial period and with a scheduled effective date of July 1 of any even numbered year.\n\n (3) For purposes of computing charges for access elements other than Common Line elements to be\n effective on July 1 of any even-numbered year, the association may compute rate changes based\n upon statistical methods which represent a reasonable equivalent to the cost support information\n otherwise required under part 61 of this chapter.\n\n (g) The following rules apply to telephone company participation in the Association common line pool for\n telephone companies involved in a merger or acquisition.\n\n (1) Notwithstanding the requirements of § 69.3(e)(9), any Association common line tariff participant\n that is party to a merger or acquisition may continue to participate in the Association common line\n tariff.\n\n (2) Notwithstanding the requirements of § 69.3(e)(9), any Association common line tariff participant\n that is party to a merger or acquisition may include other telephone properties involved in the\n transaction in the Association common line tariff, provided that the net addition of common lines to\n the Association common line tariff resulting from the transaction in not greater than 50,000, and\n\n\n\n\n47 CFR 69.3(g)(2) (enhanced display) page 11 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.3(g)(3)\nAccess Charges\n\n\n provided further that, if any common lines involved in a merger or acquisition are returned to the\n Association common line tariff, all of the common lines involved in the merger or acquisition must\n be returned to the Association common line tariff.\n\n (3) Telephone companies involved in mergers or acquisitions that wish to have more than 50,000\n common lines reenter the Association common line pool must request a waiver of § 69.3(e)(9). If\n the telephone company has met all other legal obligations, the waiver request will be deemed\n granted on the sixty-first (61st) day from the date of public notice inviting comment on the requested\n waiver unless:\n\n (i) The merger or acquisition involves one or more partial study areas;\n\n (ii) The waiver includes a request for confidentiality of some or all of the materials supporting the\n request;\n\n (iii) The waiver includes a request to return only a portion of the telephone properties involved in the\n transaction to the Association common line tariff;\n\n (iv) The Commission rejects the waiver request prior to the expiration of the sixty-day period;\n\n (v) The Commission requests additional time or information to process the waiver application prior\n to the expiration of the sixty-day period; or\n\n (vi) A party, in a timely manner, opposes a waiver request or seeks conditional approval of the\n waiver in response to our public notice of the waiver request.\n\n (h) Local exchange carriers subject to price cap regulation as that term is defined in § 61.3(ee) of this\n chapter, shall file with this Commission a price cap tariff for access service for an annual period. Such\n tariffs shall be filed to meet the notice requirements of § 61.58 of this chapter, with a scheduled effective\n date of July 1. Such tariff filings shall be limited to changes in the Price Cap Indexes, rate level changes\n (with corresponding adjustments to the affected Actual Price Indexes and Service Band Indexes), and the\n incorporation of new services into the affected indexes as required by § 61.49 of this chapter.\n\n (i) The following rules apply to the withdrawal from Association tariffs under the provision of paragraph\n (e)(6) or (e)(9) of this section or both by telephone companies electing to file price cap tariffs pursuant to\n paragraph (h) of this section.\n\n (1) In addition to the withdrawal provisions of paragraphs (e)(6) and (e)(9) of this section, a telephone\n company or group of affiliated companies that participates in one or more association tariffs during\n the current tariff year and that elects to file price cap tariffs or optional incentive regulation tariffs\n effective July 1 of the following tariff year shall notify the association by March 1 of the following\n tariff year that it is withdrawing from association tariffs, subject to the terms of this section, to\n participate in price cap regulation or optional incentive regulation.\n\n (2) The Association shall maintain records of such withdrawals sufficient to discharge its obligations\n under these Rules and to detect efforts by such companies or their affiliates to rejoin any\n Association tariffs in violation of the provisions of paragraph (i)(4) of this section.\n\n (3) Notwithstanding the provisions of paragraphs (e) (3), (6), and (9) of this section, in the event a\n telephone company withdraws from all Association tariffs for the purpose of filing price cap tariffs\n or optional incentive plan tariffs, such company shall exclude from such withdrawal all “average\n schedule” affiliates and all affiliates so excluded shall be specified in the withdrawal. However, such\n company may include one or more “average schedule” affiliates in price cap regulation or optional\n\n47 CFR 69.3(i)(3) (enhanced display) page 12 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.3(i)(4)\nAccess Charges\n\n\n incentive plan regulation provided that each price cap or optional incentive plan affiliate relinquishes\n “average schedule” status and withdraws from all Association tariffs and any tariff filed pursuant to\n § 61.39(b)(2) of this chapter. See generally §§ 69.605(c), 61.39(b) of this chapter; MTS and WATS\n Market Structure: Average Schedule Companies, Report and Order, 103 FCC 2d 1026–1027 (1986).\n\n (4) If a telephone company elects to withdraw from Association tariffs and thereafter becomes subject\n to price cap regulation as that term is defined in § 61.3(v) of this chapter, neither such telephone\n company nor any of its withdrawing affiliates shall thereafter be permitted to participate in any\n Association tariffs.\n\n (j) [Reserved]\n\n[48 FR 10358, Mar. 11, 1983]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 69.3, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 69.4 Charges to be filed.\n (a) The end user charges for access service filed with this Commission shall include charges for the End User\n Common Line element, and for line port costs in excess of basic, analog service.\n\n (b) Except as provided in paragraphs (c), (e), and (h) of this section, and in § 69.118, the carrier's carrier\n charges for access service filed with this Commission shall include charges for each of the following\n elements:\n\n (1) [Reserved]\n\n (2) Carrier common line, provided that after June 30, 2003, non-price cap local exchange carriers may\n not assess a carrier common line charge;\n\n (3) Local switching;\n\n (4) Information;\n\n (5) Tandem-switched transport;\n\n (6) Direct-trunked transport;\n\n (7) Special access; and\n\n (8) Line information database;\n\n (9) Entrance facilities.\n\n (c) [Reserved]\n\n (d) Recovery of Contributions to the Universal Service Support Mechanisms by Incumbent Local Exchange\n Carriers.\n\n (1) [Reserved]\n\n (2)\n\n\n\n\n47 CFR 69.4(d)(2) (enhanced display) page 13 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.4(d)(2)(i)\nAccess Charges\n\n\n (i) Local exchange carriers may recover their contributions to the universal service support\n mechanisms only through explicit, interstate, end-user charges assessed pursuant to either §\n 69.131 or § 69.158 that are equitable and nondiscriminatory.\n\n (ii) Local exchange carriers may not recover any of their contributions to the universal service\n support mechanisms through access charges imposed on interexchange carriers.\n\n (e) The carrier's carrier charges for access service filed with this Commission by the telephone companies\n specified in § 64.1401(a) of this chapter shall include an element for connection charges for expanded\n interconnection. The carrier's carrier charges for access service filed with this Commission by the\n telephone companies not specified in § 64.1401(a) of this chapter may include an element for connection\n charges for expanded interconnection.\n\n (f) [Reserved]\n\n (g) Local exchange carriers may establish appropriate rate elements for a new service, within the meaning of\n § 61.3(x) of this chapter, in any tariff filing.\n\n (h) In addition to the charges specified in paragraph (b) of this section, the carrier's carrier charges for access\n service filed with this Commission by price cap local exchange carriers shall include charges for each of\n the following elements:\n\n (1) Presubscribed interexchange carrier;\n\n (2) Per-minute residual interconnection;\n\n (3) Dedicated local switching trunk port;\n\n (4) Shared local switching trunk pork;\n\n (5) Dedicated tandem switching trunk port;\n\n (6) [Reserved]\n\n (7) Multiplexers associated with tandem switching.\n\n (i) Paragraphs (b) and (h) of this section are not applicable to a price cap local exchange carrier to the extent\n that it has been granted the pricing flexibility in § 69.727(b)(1).\n\n (j) In addition to the charges specified in paragraph (b) of this section, the carrier's carrier charges for access\n service filed with this Commission by non-price cap local exchange carriers may include charges for each\n of the following elements:\n\n (1) Dedicated local switching trunk port;\n\n (2) Shared local switching trunk port;\n\n (3) Dedicated tandem switching trunk port;\n\n (4) Multiplexers associated with tandem switching;\n\n (5) DS1/voice grade multiplexers associated with analog switches; and\n\n (6) Per-message call setup.\n\n (k) A non-price cap incumbent local exchange carrier may include a charge for the Consumer Broadband-Only\n Loop.\n\n\n47 CFR 69.4(k) (enhanced display) page 14 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.4(l)\nAccess Charges\n\n\n (l) Notwithstanding paragraph (b)(5) of this section, a competitive local exchange carrier or a rate-of-return\n local exchange carrier engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter, the\n Intermediate Access Provider it subtends, or an Intermediate Access Provider that delivers traffic directly\n or indirectly to an IPES Provider engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter,\n shall not bill an Interexchange Carrier, as defined in § 61.3(bbb) of this chapter, for interstate or intrastate\n terminating switched access tandem switching or terminating switched access tandem transport charges\n for any traffic between such competitive local exchange carrier's, such rate-of-return local exchange\n carrier's, or such IPES Provider's terminating end office or equivalent and the associated access tandem\n switch.\n\n[48 FR 43017, Sept. 21, 1983]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 69.4, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 69.5 Persons to be assessed.\n (a) End user charges shall be computed and assessed upon public end users, and upon providers of public\n telephones, as defined in this subpart, and as provided in subpart B of this part.\n\n (b) Carrier's carrier charges shall be computed and assessed upon all Interexchange Carriers that use local\n exchange switching facilities for the provision of interstate or foreign telecommunications services,\n except that:\n\n (1) Competitive local exchange carriers and rate-of-return local exchange carriers shall not assess\n terminating interstate or intrastate switched access tandem switching or terminating switched\n access tandem transport charges described in § 69.4(b)(5) on Interexchange Carriers when the\n terminating traffic is destined for a competitive local exchange carrier, or a rate-of-return local\n exchange carrier, or is destined, directly or indirectly, for an IPES Provider, where such carrier or\n Provider is engaged in Access Stimulation, as that term is defined in § 61.3(bbb) of this chapter,\n consistent with the provisions of § 61.26(g)(3) of this chapter and § 69.3(e)(12)(iv).\n\n (2) Intermediate Access Providers shall not assess terminating interstate or intrastate switched access\n tandem switching or terminating switched access tandem transport charges described in §\n 69.4(b)(5) on Interexchange Carriers when the terminating traffic is destined for a competitive local\n exchange carrier, or a rate-of-return local exchange carrier, or is destined, directly or indirectly, for an\n IPES Provider, where such carrier or Provider is engaged in Access Stimulation, as that term is\n defined in § 61.3(bbb) of this chapter, consistent with the provisions of § 61.26(g)(3) of this chapter\n and § 69.3(e)(12)(iv).\n\n (c) Special access surcharges shall be assessed upon users of exchange facilities that interconnect these\n facilities with means of interstate or foreign telecommunications to the extent that carrier's carrier\n charges are not assessed upon such interconnected usage. As an interim measure pending the\n development of techniques accurately to measure such interconnected use and to assess such charges\n on a reasonable and non-discriminatory basis, telephone companies shall assess special access\n surcharges upon the closed ends of private line services and WATS services pursuant to the provisions of\n § 69.115 of this part.\n\n (d) [Reserved]\n\n\n47 CFR 69.5(d) (enhanced display) page 15 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.101\nAccess Charges\n\n\n[48 FR 43017, Sept. 21, 1983, as amended at 51 FR 10840, Mar. 31, 1986; 51 FR 33752, Sept. 23, 1986; 52 FR 21540, June 8,\n1987; 54 FR 50624, Dec. 8, 1989; 61 FR 65364, Dec. 12, 1996; 64 FR 60359, Nov. 5, 1999; 84 FR 57652, Oct. 28, 2019; 88 FR\n35764, June 1, 2023]\n\n\nSubpart B—Computation of Charges\n§ 69.101 General.\nExcept as provided in § 69.1 and subpart C of this part, charges for each access element shall be computed and\nassessed as provided in this subpart.\n\n[55 FR 42386, Oct. 19, 1990]\n\n\n§ 69.104 End user common line for non-price cap incumbent local exchange carriers.\n (a) This section is applicable only to incumbent local exchange carriers that are not subject to price cap\n regulation as that term is defined in § 61.3(ee) of this chapter. A charge that is expressed in dollars and\n cents per line per month shall be assessed upon end users that subscribe to local exchange telephone\n service or Centrex service to the extent they do not pay carrier common line charges. A charge that is\n expressed in dollars and cents per line per month shall be assessed upon providers of public telephones.\n Such charges shall be assessed for each line between the premises of an end user, or public telephone\n location, and a Class 5 office that is or may be used for local exchange service transmissions.\n\n (b) Charges to multi-line subscribers shall be computed by multiplying a single line rate by the number of lines\n used by such subscriber.\n\n (c) Until December 31, 2001, except as provided in paragraphs (d) through (h) of this section, the single-line\n rate or charge shall be computed by dividing one-twelfth of the projected annual revenue requirement for\n the End User Common Line element by the projected average number of local exchange service\n subscriber lines in use during such annual period.\n\n (d)\n\n (1) Until December 31, 2001, if the monthly charge computed in accordance with paragraph (c) of this\n section exceeds $6, the charge for each local exchange service subscriber line, except a residential\n line, a single-line business line, or a line used for Centrex-CO service that was in place or on order as\n of July 27, 1983, shall be $6.\n\n (2) Until December 31, 2001, the charge for each subscriber line associated with a public telephone shall\n be equal to the monthly charge computed in accordance with paragraph (d)(1) of this section.\n\n (e) Until December 31, 2001, the monthly charge for each residential and single-line business local exchange\n service subscriber shall be the charge computed in accordance with paragraph (c) of this section, or\n $3.50, whichever is lower.\n\n (f) Except as provided in § 54.403 of this chapter, the charge for each residential local exchange service\n subscriber line shall be the same as the charge for each single-line business local exchange service\n subscriber line.\n\n (g) A line shall be deemed to be a residential line if the subscriber pays a rate for such line that is described\n as a residential rate in the local exchange service tariff.\n\n\n\n47 CFR 69.104(g) (enhanced display) page 16 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.104(h)\nAccess Charges\n\n\n (h) A line shall be deemed to be a single line business line if the subscriber pays a rate that is not described\n as a residential rate in the local exchange service tariff and does not obtain more than one such line from\n a particular telephone company.\n\n (i) The End User Common Line charge for each multi-party subscriber shall be assessed as if such\n subscriber had subscribed to single-party service.\n\n (j)–(l) [Reserved]\n\n (m) No charge shall be assessed for any WATS access line.\n\n (n)\n\n (1) Except as provided in paragraphs (r) and (s) of this section, the maximum monthly charge for each\n residential or single-line business local exchange service subscriber line shall be the lesser of:\n\n (i) One-twelfth of the projected annual revenue requirement for the End User Common Line\n element divided by the projected average number of local exchange service subscriber lines in\n use during such annual period; or\n\n (ii) $6.50.\n\n (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the maximum monthly charge in paragraph\n (n)(1)(ii) of this section will be adjusted in the same manner as the adjustment in § 69.152(d)(2).\n\n (o)\n\n (1) Except as provided in paragraphs (r) and (s) of this section, the maximum monthly End User\n Common Line Charge for multi-line business lines will be the lesser of:\n\n (i) $9.20; or\n\n (ii) One-twelfth of the projected annual revenue requirement for the End User Common Line\n element divided by the projected average number of local exchange service subscriber lines in\n use during such annual period;\n\n (2) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in\n paragraph (o)(1)(i) of this section will be adjusted in the same manner as the adjustment in §\n 69.152(k)(2).\n\n (p) Beginning January 1, 2002, non-price cap local exchange carriers shall assess:\n\n (1) No more than one End User Common Line charge as calculated under the applicable method under\n paragraph (n) of this section for Basic Rate Interface integrated services digital network (ISDN)\n service.\n\n (2) No more than five End User Common Line charges as calculated under paragraph (o) of this section\n for Primary Rate Interface ISDN service.\n\n (q) In the event a non-price cap local exchange carrier charges less than the maximum End User Common\n Line charge for any subscriber lines, the carrier may not recover the difference between the amount\n collected and the maximum from carrier common line charges, Interstate Common Line Support, or Long\n Term Support.\n\n\n\n\n47 CFR 69.104(q) (enhanced display) page 17 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.104(r)\nAccess Charges\n\n\n (r) End User Common Line charge deaveraging. Beginning on January 1, 2002, non-price cap local exchange\n carriers may geographically deaverage End User Common Line charges subject to the following\n conditions.\n\n (1) In order for a non-price cap local exchange carrier to be allowed to deaverage End User Common\n Line charges within a study area, the non-price cap local exchange carrier must have:\n\n (i) State commission-approved geographically deaveraged rates for UNE loops within that study\n area; or\n\n (ii) A universal service support disaggregation plan established pursuant to § 54.315 of this\n chapter.\n\n (2) All geographic deaveraging of End User Common Line charges by customer class within a study area\n must be according to the state commission-approved UNE loop zone, or the universal service\n support disaggregation plan established pursuant to § 54.315 of this chapter.\n\n (3) Within a given zone, Multi-line Business End User Common Line rates cannot fall below Residential\n and Single-Line Business rates.\n\n (4) For any given class of customer in any given zone, the End User Common Line Charge in that zone\n must be greater than or equal to the End User Common Line charge in the zone with the next lower\n cost per line.\n\n (5) A non-price cap local exchange carrier shall not receive more through deaveraged End User Common\n Line charges than it would have received if it had not deaveraged its End User Common Line\n charges.\n\n (6) Maximum charge. The maximum zone deaveraged End User Common Line Charge that may be\n charged in any zone is the applicable cap specified in paragraphs (n) or (o) of this section.\n\n (7) Voluntary Reductions. A “Voluntary Reduction” is one in which the non-price cap local exchange\n carrier charges End User Common Line rates below the maximum charges specified in paragraphs\n (n)(1) or (o)(1) of this section other than through offset of net increases in End User Common Line\n charge revenues or through increases in other zone deaveraged End User Common Line charges.\n\n (s) End User Common Line Charges for incumbent local exchange carriers not subject to price cap regulation\n that elect model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to §\n 54.306 of this chapter are limited as follows:\n\n (1) The maximum charge a non-price cap local exchange carrier that elects model-based support\n pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may\n assess for each residential or single-line business local exchange service subscriber line is the rate\n in effect on the last day of the month preceding the month for which model-based support or Alaska\n Plan support, as applicable, is first provided.\n\n (2) The maximum charge a non-price cap local exchange carrier that elects model-based support\n pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may\n assess for each multi-line business local exchange service subscriber line is the rate in effect on the\n last day of the month preceding the month for which model-based support or Alaska Plan support,\n as applicable, is first provided.\n\n\n\n\n47 CFR 69.104(s)(2) (enhanced display) page 18 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.105\nAccess Charges\n\n\n[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43018, Sept. 21, 1983; 52 FR 21540, June 8, 1987; 53 FR 28395, July 28, 1988;\n61 FR 65364, Dec. 12, 1996; 62 FR 31933, June 11, 1997; 62 FR 32962, June 17, 1997; 66 FR 59730, Nov. 30, 2001; 81 FR 24345,\nApr. 25, 2016; 81 FR 69716, Oct. 7, 2016]\n\n\n§ 69.105 Carrier common line for non-price cap local exchange carriers.\n (a) This section is applicable only to local exchange carriers that are not subject to price cap regulation as\n that term is defined in § 61.3(ee) of this chapter. Until June 30, 2003, a charge that is expressed in dollars\n and cents per line per access minute of use shall be assessed upon all interexchange carriers that use\n local exchange common line facilities for the provision of interstate or foreign telecommunications\n services, except that the charge shall not be assessed upon interexchange carriers to the extent they\n resell MTS or MTS-type services of other common carriers (OCCs).\n\n (b)\n\n (1) For purposes of this section and § 69.113:\n\n (i) A carrier or other person shall be deemed to receive premium access if access is provided\n through a local exchange switch that has the capability to provide access for an MTS-WATS\n equivalent service that is substantially equivalent to the access provided for MTS or WATS,\n except that access provided for an MTS-WATS equivalent service that does not use such\n capability shall not be deemed to be premium access until six months after the carrier that\n provides such MTS-WATS equivalent service receives actual notice that such equivalent access\n is or will be available at such switch;\n\n (ii) The term open end of a call describes the origination or termination of a call that utilizes\n exchange carrier common line plant (a call can have no, one, or two open ends); and\n\n (iii) All open end minutes on calls with one open end (e.g., an 800 or FX call) shall be treated as\n terminating minutes.\n\n (2) For association Carrier Common Line tariff participants:\n\n (i) The premium originating Carrier Common Line charge shall be one cent per minute, except as\n described in § 69.105(b)(3), and\n\n (ii) The premium terminating Carrier Common Line charge shall be computed as follows:\n\n (A) For each telephone company subject to price cap regulation, multiply the company's\n proposed premium originating rate by a number equal to the sum of the premium\n originating base period minutes and a number equal to 0.45 multiplied by the non-\n premium originating base period minutes of that telephone company;\n\n (B) For each telephone company subject to price cap regulation, multiply the company's\n proposed premium terminating rate by a number equal to the sum of the premium\n terminating base period minutes and a number equal to 0.45 multiplied by the non-\n premium terminating base period minutes of that telephone company;\n\n (C) Sum the numbers computed in paragraphs (b)(2)(ii) (A) and (B) of this section for all\n companies subject to price cap regulation;\n\n\n\n\n47 CFR 69.105(b)(2)(ii)(C) (enhanced display) page 19 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.105(b)(2)(ii)(D)\nAccess Charges\n\n\n (D) From the number computed in paragraph (b)(2)(ii)(C) of this section, subtract a number\n equal to one cent times the sum of the premium originating base period minutes and a\n number equal to 0.45 multiplied by the non-premium originating base period minutes of all\n telephone companies subject to price cap regulation, and;\n\n (E) Divide the number computed in paragraph (b)(2)(ii)(D) of this section by the sum of the\n premium terminating base period minutes and a number equal to 0.45 multiplied by the\n non-premium terminating base period minutes of all telephone companies subject to price\n cap regulation.\n\n (3) If the calculations described in § 69.105(b)(2) result in a per minute charge on premium terminating\n minutes that is less than once cent, both the originating and terminating premium charges for the\n association CCL tariff participants shall be computed by dividing the number computed in paragraph\n (b)(2)(ii)(C) of this section by a number equal to the sum of the premium originating and terminating\n base period minutes and a number equal to 0.45 multiplied by the sum of the non-premium\n originating and terminating base period minutes of all telephone companies subject to price cap\n regulation.\n\n (4) The Carrier Common Line charges of telephone companies that are not association Carrier Common\n Line tariff participants shall be computed at the level of Carrier Common Line access element\n aggregation selected by such telephone companies pursuant to § 69.3(e)(7). For each such Carrier\n Common Line access element tariff—\n\n (i) The premium originating Carrier Common Line charge shall be one cent per minute, and\n\n (ii) The premium terminating Carrier Common Line charge shall be computed by subtracting the\n projected revenues generated by the originating Carrier Common Line charges (both premium\n and non-premium) from the Carrier Common Line revenue requirement for the companies\n participating in that tariff, and dividing the remainder by the sum of the projected premium\n terminating minutes and a number equal to .45 multiplied by the projected non-premium\n terminating minutes for such companies.\n\n (5) If the calculations described in § 69.105(b)(4) result in a per minute charge on premium terminating\n minutes that is less than one cent, both the originating and terminating premium charges for the\n companies participating in said Carrier Common Line tariff shall be computed by dividing the\n projected Carrier Common Line revenue requirement for such companies by the sum of the\n projected premium minutes and a number equal to .45 multiplied by the projected non-premium\n minutes for such companies.\n\n (6) Telephone companies that are not association Carrier Common Line tariff participants shall submit\n to the Commission and to the association whatever data the Commission shall determine are\n necessary to calculate the charges described in this section.\n\n (c) Any interexchange carrier shall receive a credit for Carrier Common Line charges to the extent that it\n resells services for which these charges have already been assessed (e.g., MTS or MTS-type service of\n other common carriers).\n\n (d) From July 1, 2002, to June 30, 2003, the carrier common line charge calculations pursuant to this section\n shall be limited to an amount equal to the number of projected residential and single-line business lines\n multiplied by the difference between the residential and single-line business End User Common Line rate\n cap and the lesser of $6.50 or the non-price cap local exchange carrier's average cost per line.\n\n\n47 CFR 69.105(d) (enhanced display) page 20 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.106\nAccess Charges\n\n\n[51 FR 10841, Mar. 31, 1986, as amended at 52 FR 21541, June 8, 1987; 54 FR 6293, Feb. 9, 1989; 55 FR 42386, Oct. 19, 1990; 56\nFR 21618, May 10, 1991; 62 FR 31933, June 11, 1997; 66 FR 59731, Nov. 30, 2001]\n\n\n§ 69.106 Local switching.\n (a) Except as provided in § 69.118, charges that are expressed in dollars and cents per access minute of use\n shall be assessed by local exchange carriers that are not subject to price cap regulation upon all\n interexchange carriers that use local exchange switching facilities for the provision of interstate or foreign\n services.\n\n (b) The per minute charge described in paragraph (a) of this section shall be computed by dividing the\n projected annual revenue requirement for the Local Switching element, excluding any local switching\n support received by the carrier pursuant to § 54.301 of this chapter, by the projected annual access\n minutes of use for all interstate or foreign services that use local exchange switching facilities.\n\n (c) If end users of an interstate or foreign service that uses local switching facilities pay message unit\n charges for such calls in a particular exchange, a credit shall be deducted from the Local Switching\n element charges to such carrier for access service in such exchange. The per minute credit for each such\n exchange shall be multiplied by the monthly access minutes for such service to compute the monthly\n credit to such a carrier.\n\n (d) If all local exchange subscribers in such exchange pay message unit charges, the per minute credit\n described in paragraph (c) of this section shall be computed by dividing total message unit charges to all\n subscribers in a particular exchange in a representative month by the total minutes of use that were\n measured for purposes of computing message unit charges in such month.\n\n (e) If some local exchange subscribers pay message unit charges and some do not, a per minute credit\n described in paragraph (c) of this section shall be computed by multiplying a credit computed pursuant to\n paragraph (d) of this section by a factor that is equal to total minutes measured in such month for\n purposes of computing message unit charges divided by the total local exchange minutes in such month.\n\n (f) Except as provided in § 69.118, price cap local exchange carriers shall establish rate elements for local\n switching as follows:\n\n (1) Price cap local exchange carriers shall separate from the projected annual revenues for the Local\n Switching element those costs projected to be incurred for ports (including cards and DS1/voice-\n grade multiplexers required to access end offices equipped with analog switches) on the trunk side\n of the local switch. Price cap local exchange carriers shall further identify costs incurred for\n dedicated trunk ports separately from costs incurred for shared trunk ports.\n\n (i) Price cap local exchange carriers shall recover dedicated trunk port costs identified pursuant to\n paragraph (f)(1) of this section through flat-rated charges expressed in dollars and cents per\n trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port.\n\n (ii) Price cap local exchange carriers shall recover shared trunk port costs identified pursuant to\n paragraph (f)(1) of this section through charges assessed upon purchasers of shared\n transport. This charge shall be expressed in dollars and cents per access minute of use. The\n charge shall be computed by dividing the projected costs of the shared ports by the historical\n annual access minutes of use calculated for purposes of recovery of common transport costs\n in § 69.111(c).\n\n\n\n\n47 CFR 69.106(f)(1)(ii) (enhanced display) page 21 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.106(f)(2)\nAccess Charges\n\n\n (2) Price cap local exchange carriers shall recover the projected annual revenues for the Local Switching\n element that are not recovered in paragraph (f)(1) of this section through charges that are expressed\n in dollars and cents per access minute of use and assessed upon all interexchange carriers that use\n local exchange switching facilities for the provision of interstate or foreign services. The maximum\n charge shall be computed by dividing the projected remainder of the annual revenues for the Local\n Switching element by the historical annual access minutes of use for all interstate or foreign\n services that use local exchange switching facilities.\n\n (g) A local exchange carrier may recover signaling costs associated with call setup through a call setup\n charge imposed upon all interstate interexchange carriers that use that local exchange carrier's facilities\n to originate or terminate interstate interexchange or foreign services. This charge must be expressed as\n dollars and cents per call attempt and may be assessed on originating calls handed off to the\n interexchange carrier's point of presence and on terminating calls received from an interexchange\n carrier's point of presence, whether or not that call is completed at the called location. Local exchange\n carriers may not recover through this charge any costs recovered through other rate elements.\n\n (h) Except as provided in § 69.118, non-price cap local exchange carriers may establish rate elements for\n local switching as follows:\n\n (1) Non-price cap local exchange carriers may separate from the projected annual revenue requirement\n for the Local Switching element those costs projected to be incurred for ports (including cards and\n DS1/voice-grade multiplexers required to access end offices equipped with analog switches) on the\n trunk side of the local switch. Non-price cap local exchange carriers electing to assess these\n charges shall further identify costs incurred for dedicated trunk ports separately from costs incurred\n for shared trunk ports.\n\n (i) Non-price cap local exchange carriers electing to assess trunk port charges shall recover\n dedicated trunk port costs identified pursuant to paragraph (h)(1) of this section through flat-\n rated charges expressed in dollars and cents per trunk port and assessed upon the purchaser\n of the dedicated trunk terminating at the port.\n\n (ii) Non-price cap local exchange carriers electing to assess trunk port charges shall recover\n shared trunk port costs identified pursuant to paragraph (h)(1) of this section through charges\n assessed upon purchasers of shared transport. This charge shall be expressed in dollars and\n cents per access minute of use. The charge shall be computed by dividing the projected costs\n of the shared ports by the historical annual access minutes of use calculated for purposes of\n recovery of common transport costs in § 69.111(c).\n\n (2) Non-price cap local exchange carriers shall recover the projected annual revenue requirement for the\n Local Switching element that are not recovered in paragraph (h)(1) of this section through charges\n that are expressed in dollars and cents per access minute of use and assessed upon all\n interexchange carriers that use local exchange switching facilities for the provision of interstate or\n foreign services. The maximum charge shall be computed by dividing the projected remainder of the\n annual revenue requirement for the Local Switching element by the historical annual access minutes\n of use for all interstate or foreign services that use local exchange switching facilities.\n\n[52 FR 37310, Oct. 6, 1987, as amended at 56 FR 33881, July 24, 1991; 62 FR 31933, June 11, 1997; 62 FR 40463, July 29, 1997;\n66 FR 59731, Nov. 30, 2001]\n\n\n\n\n47 CFR 69.106(h)(2) (enhanced display) page 22 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.108\nAccess Charges\n\n\n§ 69.108 Transport rate benchmark.\n (a) For transport charges computed in accordance with this subpart, the DS3-to-DS1 benchmark ratio shall be\n calculated as follows: the telephone company shall calculate the ratio of:\n\n (1) The total charge for a 1.609 km (1 mi) channel termination, 16.09 km (10 mi) of interoffice\n transmission, and one DS3 multiplexer using the telephone company's DS3 special access rates to;\n\n (2) The total charge for a 1.609 km (1 mi) channel termination plus 16.09 km (10 mi) of interoffice\n transmission using the telephone company's DS1 special access rates.\n\n (b) Initial transport rates will generally be presumed reasonable if they are based on special access rates with\n a DS3-to-DS1 benchmark ratio of 9.6 to 1 or higher.\n\n (c) If a telephone company's initial transport rates are based on special access rates with a DS3-to-DS1\n benchmark ratio of less than 9.6 to 1, those initial transport rates will generally be suspended and\n investigated absent a substantial cause showing by the telephone company. Alternatively, the telephone\n company may adjust its initial transport rates so that the DS3-to-DS1 ratio calculated as described in\n paragraph (a) of this section of those rates is 9.6 or higher. In that case, initial transport rates that depart\n from existing special access rates effective on September 1, 1992 so as to be consistent with the\n benchmark will be presumed reasonable only so long as the ratio of revenue recovered through the\n interconnection charge to the revenue recovered through facilities-based charges is the same as it would\n be if the telephone company's existing special access rates effective on September 1, 1992 were used.\n\n[58 FR 41189, Aug. 3, 1993, as amended at 58 FR 44952, Aug. 25, 1993; 58 FR 45267, Aug. 27, 1993]\n\n\n§ 69.109 Information.\n (a) A charge shall be assessed upon all interexchange carriers that are connected to assistance boards\n through interexchange directory assistance trunks.\n\n (b) Except as provided in § 69.118, if such connections are maintained exclusively by carriers that offer MTS,\n the projected annual revenue requirement for the Information element shall be divided by 12 to compute\n the monthly assessment to such carriers.\n\n (c) If such connections are provided to additional carriers, charges shall be established that reflect the\n relative use of such directory assistance service by such interexchange carriers.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 56 FR 33881, July 24, 1991]\n\n\n§ 69.110 Entrance facilities.\n (a) A flat-rated entrance facilities charge expressed in dollars and cents per unit of capacity shall be assessed\n upon all interexchange carriers and other persons that use telephone company facilities between the\n interexchange carrier or other person's point of demarcation and the serving wire center.\n\n (b)\n\n (1) For telephone companies subject to price cap regulation, initial entrance facilities charges based on\n special access channel termination rates for equivalent voice grade, DS1, and DS3 services as of\n September 1, 1992, adjusted for changes in the price cap index calculated for the July 1, 1993\n annual filing for telephone companies subject to price cap regulation, generally shall be presumed\n\n47 CFR 69.110(b)(1) (enhanced display) page 23 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.110(b)(2)\nAccess Charges\n\n\n reasonable if the benchmark defined in § 69.108 is satisfied. Entrance facilities charges may be\n distance-sensitive. Distance shall be measured as airline kilometers between the point of\n demarcation and the serving wire center.\n\n (2) For telephone companies not subject to price cap regulation, entrance facilities charges based on\n special access channel termination rates for equivalent voice grade, DS1, and DS3 services generally\n shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Entrance facilities\n charges may be distance-sensitive. Distance shall be measured as airline kilometers between the\n point of demarcation and the serving wire center.\n\n (c) If the telephone company employs distance-sensitive rates:\n\n (1) A distance-sensitive component shall be assessed for use of the transmission facilities, including\n any intermediate transmission circuit equipment between the end points of the entrance facilities;\n and\n\n (2) A nondistance-sensitive component shall be assessed for use of the circuit equipment at the ends of\n the transmission links.\n\n (d) Telephone companies shall apply only their shortest term special access rates in setting entrance\n facilities charges.\n\n (e) Except as provided in paragraphs (f), (g), and (h) of this section, and subpart H of this part, telephone\n companies shall not offer entrance facilities based on term discounts or volume discounts for multiple\n DS3s or any other service with higher volume than DS3.\n\n (f) Except in the situations set forth in paragraphs (g) and (h) of this section, telephone companies may offer\n term and volume discounts in entrance facilities charges within each study area used for the purpose of\n jurisdictional separations, in which interconnectors have taken either:\n\n (1) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in\n § 69.121(a)(1) of this chapter) in offices in the study area that the telephone company has assigned\n to the lowest priced density pricing zone (zone 1) under an approved density pricing zone plan as\n described in §§ 61.38(b)(4) and 61.49(k) of this chapter; or\n\n (2) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per\n office assigned to the lowest priced density pricing zone (zone 1).\n\n (g) In study areas in which the telephone company has implemented density zone pricing, but no offices have\n been assigned to the lowest price density pricing zone (zone 1), telephone companies may offer term and\n volume discounts in entrance facilities charges within the study area when interconnectors have taken at\n least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described in §\n 69.121(a)(1) of this chapter) in offices in the study area.\n\n (h) In study areas in which the telephone company has not implemented density zone pricing, telephone\n companies may offer term and volume discounts in entrance facilities charges when interconnectors\n have taken at least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as\n described in § 69.121(a)(1) of this chapter) in offices in the study area.\n\n[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, 41191, Aug. 3, 1993; 58 FR 44950, Aug. 25, 1993; 58 FR 48763, Sept.\n17, 1993; 59 FR 10304, Mar. 4, 1994; 60 FR 50121, Sept. 28, 1995; 64 FR 51267, Sept. 22, 1999]\n\n\n\n\n47 CFR 69.110(h) (enhanced display) page 24 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.111\nAccess Charges\n\n\n§ 69.111 Tandem-switched transport and tandem charge.\n (a)\n\n (1) Through June 30, 1998, except as provided in paragraph (l) of this section, tandem-switched\n transport shall consist of two rate elements, a transmission charge and a tandem switching charge.\n\n (2) Beginning July 1, 1998, except as provided in paragraph (l) of this section, tandem-switched\n transport shall consist of three rate elements as follows:\n\n (i) A per-minute charge for transport of traffic over common transport facilities between the\n incumbent local exchange carrier's end office and the tandem switching office. This charge\n shall be expressed in dollars and cents per access minute of use and shall be assessed upon\n all purchasers of common transport facilities between the local exchange carrier's end office\n and the tandem switching office.\n\n (ii) A per-minute tandem switching charge. This tandem switching charge shall be set in\n accordance with paragraph (g) of this section, excluding multiplexer and dedicated port costs\n recovered in accordance with paragraph (l) of this section, and shall be assessed upon all\n interexchange carriers and other persons that use incumbent local exchange carrier tandem\n switching facilities.\n\n (iii) A flat-rated charge for transport of traffic over dedicated transport facilities between the serving\n wire center and the tandem switching office. This charge shall be assessed as a charge for\n dedicated transport facilities provisioned between the serving wire center and the tandem\n switching office in accordance with § 69.112.\n\n (b) [Reserved]\n\n (c)\n\n (1) Until June 30, 1998:\n\n (i) Except in study areas where the incumbent local exchange carrier has implemented density\n pricing zones as described in section 69.123, per-minute common transport charges described\n in paragraph (a)(1) of this section shall be presumed reasonable if the incumbent local\n exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked\n transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in\n the tandem to end office links (or a surrogate based on the proportion of copper and fiber\n facilities in the interoffice network), calculated using the total actual voice-grade minutes of\n use, geographically averaged on a study-area-wide basis, that the incumbent local exchange\n carrier experiences based on the prior year's annual use. Tandem-switched transport\n transmission charges that are not presumed reasonable shall be suspended and investigated\n absent a substantial cause showing by the incumbent local exchange carrier.\n\n (ii) In study areas where the incumbent local exchange carrier has implemented density pricing\n zones as described in section 69.123, per-minute common transport charges described in\n paragraph (a)(1) of this section shall be presumed reasonable if the incumbent local exchange\n carrier bases the charges on a weighted per-minute equivalent of direct-trunked transport DS1\n and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to\n end office links (or a surrogate based on the proportion of copper and fiber facilities in the\n interoffice network), calculated using the total actual voice-grade minutes of use, averaged on a\n zone-wide basis, that the incumbent local exchange carrier experiences based on the prior\n\n47 CFR 69.111(c)(1)(ii) (enhanced display) page 25 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.111(c)(2)\nAccess Charges\n\n\n year's annual use. Tandem-switched transport transmission charges that are not presumed\n reasonable shall be suspended and investigated absent a substantial cause showing by the\n incumbent local exchange carrier.\n\n (2) Beginning July 1, 1998:\n\n (i) Except in study areas where the incumbent local exchange carrier has implemented density\n pricing zones as described in section 69.123, per-minute common transport charges described\n in paragraph (a)(2)(i) of this section shall be presumed reasonable if the incumbent local\n exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked\n transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in\n the tandem to end office links (or a surrogate based on the proportion of copper and fiber\n facilities in the interoffice network), calculated using the total actual voice-grade minutes of\n use, geographically averaged on a study-area-wide basis, that the incumbent local exchange\n carrier experiences based on the prior year's annual use. Tandem-switched transport\n transmission charges that are not presumed reasonable shall be suspended and investigated\n absent a substantial cause showing by the incumbent local exchange carrier.\n\n (ii) In study areas where the incumbent local exchange carrier has implemented density pricing\n zones as described in section 69.123, per-minute common transport charges described in\n paragraph (a)(2)(i) of this section shall be presumed reasonable if the incumbent local\n exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked\n transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in\n the tandem to end office links (or a surrogate based on the proportion of copper and fiber\n facilities in the interoffice network), calculated using the total actual voice-grade minutes of\n use, averaged on a zone-wide basis, that the incumbent local exchange carrier experiences\n based on the prior year's annual use. Tandem-switched transport transmission charges that are\n not presumed reasonable shall be suspended and investigated absent a substantial cause\n showing by the incumbent local exchange carrier.\n\n (d)\n\n (1) Through June 30, 1998, the tandem-switched transport transmission charges may be distance-\n sensitive. Distance shall be measured as airline distance between the serving wire center and the\n end office, unless the customer has ordered tandem-switched transport between the tandem office\n and the end office, in which case distance shall be measured as airline distance between the tandem\n office and the end office.\n\n (2) Beginning July 1, 1998, the per-minute charge for transport of traffic over common transport facilities\n described in paragraph (a)(2)(i) of this section may be distance-sensitive. Distance shall be\n measured as airline distance between the tandem switching office and the end office.\n\n (e)\n\n (1) Through June 30, 1998, if the telephone company employs distance-sensitive rates:\n\n (i) A distance-sensitive component shall be assessed for use of the transmission facilities,\n including intermediate transmission circuit equipment between the end points of the interoffice\n circuit; and\n\n (ii) A non-distance-sensitive component shall be assessed for use of the circuit equipment at the\n ends of the interoffice transmission links.\n\n47 CFR 69.111(e)(1)(ii) (enhanced display) page 26 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.111(e)(2)\nAccess Charges\n\n\n (2) Beginning July 1, 1998, if the telephone company employs distance-sensitive rates for transport of\n traffic over common transport facilities, as described in paragraph (a)(2)(i) of this section:\n\n (i) A distance-sensitive component shall be assessed for use of the common transport facilities,\n including intermediate transmission circuit equipment between the end office and tandem\n switching office; and\n\n (ii) A non-distance-sensitive component shall be assessed for use of the circuit equipment at the\n ends of the interoffice transmission links.\n\n (f) [Reserved]\n\n (g)\n\n (1) The tandem switching charge imposed pursuant to paragraphs (a)(1) or (a)(2)(ii) of this section, as\n applicable, shall be set to recover twenty percent of the annual part 69 interstate tandem revenue\n requirement plus one third of the portion of the tandem switching revenue requirement being\n recovered through the interconnection charge recovered by §§ 69.124, 69.153, and 69.155, excluding\n multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section.\n\n (2) Beginning January 1, 1999, the tandem switching charge imposed pursuant to paragraph (a)(2)(ii) of\n this section shall be set to recover the amount prescribed in paragraph (g)(1) of this section plus one\n half of the remaining portion of the tandem switching revenue requirement then being recovered\n through the interconnection charge recovered by §§ 69.124, 69.153, and 69.155, excluding\n multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section.\n\n (3) Beginning January 1, 2000, the tandem switching charge imposed pursuant to paragraph (a)(2)(ii) of\n this section shall be set to recover the entire interstate tandem switching revenue requirement,\n including that portion formerly recovered through the interconnection charge recovered in §§ 69.124,\n 69.153, and 69.155, and excluding multiplexer and dedicated port costs recovered in accordance\n with paragraph (l) of this section.\n\n (4) A local exchange carrier that is subject to price cap regulation as that term is defined in § 61.3(x) of\n this chapter shall calculate its tandem switching revenue requirement as used in this paragraph by\n dividing the tandem switching revenue requirement that was included in the original interconnection\n charge by the original interconnection charge, and then multiplying this result by the annual revenues\n recovered through the interconnection charge, described in § 69.124, as of June 30, 1997. A local\n exchange carrier that is subject to price cap regulation as that term is defined in § 61.3(x) of this\n chapter shall then make downward exogenous adjustments to the service band index for the\n interconnection charge service category (defined in § 61.42(e)(2)(vi) of this chapter) and\n corresponding upward adjustments to the service band index for the tandem-switched transport\n service category (defined in § 61.42(e)(2)(v) of this chapter) at the times and in the amounts\n prescribed in paragraphs (g)(1) through (g)(3) of this section .\n\n (h) All telephone companies shall provide tandem-switched transport service.\n\n (i) Except in the situations set forth in paragraphs (j) and (k) of this section, telephone companies may offer\n term and volume discounts in tandem-switched transport charges within each study area used for the\n purpose of jurisdictional separations, in which interconnectors have taken either:\n\n\n\n\n47 CFR 69.111(i) (enhanced display) page 27 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.111(i)(1)\nAccess Charges\n\n\n (1) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in\n § 69.121(a)(1) of this chapter) in offices in the study area that the telephone company has assigned\n to the lowest priced density pricing zone (zone 1) under an approved density pricing zone plan as\n described in §§ 61.38(b)(4) and 61.49(k) of this chapter; or\n\n (2) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per\n office assigned to the lowest priced density pricing zone (zone 1).\n\n (j) In study areas in which the telephone company has implemented density zone pricing, but no offices have\n been assigned to the lowest priced density pricing zone (zone 1), telephone companies may offer term\n and volume discounts in tandem-switched transport charges within the study area when interconnectors\n have taken at least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described\n in § 69.121(a)(1) of this chapter) in offices in the study area.\n\n (k) In study areas in which the telephone company has not implemented density zone pricing, telephone\n companies may offer term and volume discounts in tandem-switched transport charges when\n interconnectors have taken at least 100 DS1-equivalent cross-connects for the transmission of switched\n traffic (as described in § 69.121(a)(1) of this chapter) in offices in the study area.\n\n (l) In addition to the charges described in this section, price cap local exchange carriers shall establish\n separate charges for multiplexers and dedicated trunk ports used in conjunction with the tandem switch\n as follows:\n\n (1) Local exchange carriers must establish a traffic-sensitive charge for DS3/DS1 multiplexers used on\n the end office side of the tandem switch, assessed on purchasers of common transport to the\n tandem switch. This charge must be expressed in dollars and cents per access minute of use. The\n maximum charge shall be calculated by dividing the total costs of the multiplexers on the end office-\n side of the tandem switch by the annual access minutes of use calculated for purposes of recovery\n of common transport costs in paragraph (c) of this section. A similar charge shall be assessed for\n DS1/voice-grade multiplexing provided on the end-office side of analog tandem switches.\n\n (2)\n\n (i) Local exchange carriers must establish a flat-rated charge for dedicated DS3/DS1 multiplexing\n on the serving wire center side of the tandem switch provided in conjunction with dedicated\n DS3 transport service from the serving wire center to the tandem switch. This charge shall be\n assessed on interexchange carriers purchasing tandem-switched transport in proportion to the\n number of DS3 trunks provisioned for that interexchange carrier between the serving wire\n center and the tandem-switch.\n\n (ii) Local exchange carriers must establish a flat-rated charge for dedicated DS1/voice-grade\n multiplexing provided on the serving wire center side of analog tandem switches. This charge\n may be assessed on interexchange carriers purchasing tandem-switched transport in\n proportion to the interexchange carrier's transport capacity on the serving wire center side of\n the tandem.\n\n (3) Price cap local exchange carriers may recover the costs of dedicated trunk ports on the serving wire\n center side of the tandem switch only through flat-rated charges expressed in dollars and cents per\n trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port.\n\n\n\n\n47 CFR 69.111(l)(3) (enhanced display) page 28 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.111(m)\nAccess Charges\n\n\n (m) In addition to the charges described in this section, non-price cap local exchange carriers may establish\n separate charges for multiplexers and dedicated trunk ports used in conjunction with the tandem switch\n as follows:\n\n (1)\n\n (i) Non-price cap local exchange carriers may establish a flat-rated charge for dedicated DS3/DS1\n multiplexing on the serving wire center side of the tandem switch provided in conjunction with\n dedicated DS3 transport service from the serving wire center to the tandem switch. This charge\n shall be assessed on interexchange carriers purchasing tandem-switched transport in\n proportion to the number of DS3 trunks provisioned for that interexchange carrier between the\n serving wire center and the tandem switch.\n\n (ii) Non-price cap local exchange carriers may establish a flat-rated charge for dedicated DS1/\n voice-grade multiplexing provided on the serving wire center side of analog tandem switches.\n This charge may be assessed on interexchange carriers purchasing tandem-switched transport\n in proportion to the interexchange carrier's transport capacity on the serving wire center side of\n the tandem.\n\n (2) Non-price cap local exchange carriers may recover the costs of dedicated trunk ports on the serving\n wire center side of the tandem switch through flat-rated charges expressed in dollars and cents per\n trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port.\n\n[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 FR 48764, Sept. 17, 1993; 60 FR 50121, Sept. 28, 1995;\n62 FR 31933, June 11, 1997; 62 FR 40463, July 29, 1997; 62 FR 56132, Oct. 29, 1997; 64 FR 46594, Aug. 26, 1999; 66 FR 59732,\nNov. 30, 2001]\n\n\n§ 69.112 Direct-trunked transport.\n (a) A flat-rated direct-trunked transport charge expressed in dollars and cents per unit of capacity shall be\n assessed upon all interexchange carriers and other persons that use telephone company direct-trunked\n transport facilities.\n\n (b)\n\n (1) For telephone companies subject to price cap regulation, initial direct-trunked transport charges\n based on the interoffice charges for equivalent voice grade, DS1, and DS3 special access services as\n of September 1, 1992, adjusted for changes in the price cap index calculated for the July 1, 1993\n annual filing for telephone companies subject to price cap regulation, generally shall be presumed\n reasonable if the benchmark defined in § 69.108 is satisfied. Direct-trunked transport charges may\n be distance-sensitive. Distance shall be measured as airline kilometers between customer-\n designated points.\n\n (2) For telephone companies not subject to price cap regulation, initial direct-trunked transport charges\n based on the interoffice charges for equivalent voice grade, DS1, and DS3 special access services\n generally shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Direct-\n trunked transport charges may be distance-sensitive. Distance shall be measured as airline\n kilometers between customer-designated points.\n\n (c) If the telephone company employs distance-sensitive rates:\n\n\n\n\n47 CFR 69.112(c) (enhanced display) page 29 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.112(c)(1)\nAccess Charges\n\n\n (1) A distance-sensitive component shall be assessed for use of the transmission facilities, including\n intermediate transmission circuit equipment, between the end points of the circuit; and\n\n (2) A nondistance-sensitive component shall be assessed for use of the circuit equipment at the ends of\n the transmission links.\n\n (d) Telephone companies shall apply only their shortest term special access rates in setting direct-trunked\n transport rates.\n\n (e) Except as provided in pagagraphs (f), (g), and (h) of this section, telephone companies shall not offer\n direct-trunked transport rates based on term discounts or volume discounts for multiple DS3s or any\n other service with higher volume than DS3.\n\n (f) Except in the situations set forth in paragraphs (g) and (h) of this section, telephone companies may offer\n term and volume discounts in direct-trunked transport charges within each study area used for the\n purpose of jurisdictional separations, in which interconnectors have taken either:\n\n (1) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in\n § 69.121(a)(1)) in offices in the study area that the telephone company has assigned to the lowest\n priced density pricing zone (zone 1) under an approved density pricing zone plan as described in §§\n 61.38(b)(4) and 61.49(k) of this section; or\n\n (2) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per\n office assigned to the lowest priced density pricing zone (zone 1).\n\n (g) In study areas in which the telephone company has implemented density zone pricing, but no offices have\n been assigned to the lowest priced density pricing zone (zone 1), telephone companies may offer term\n and volume discounts in direct-trunked transport charges within the study area when interconnectors\n have taken at least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described\n in § 69.121(a)(1) of this chapter) in offices in the study area.\n\n (h) In study areas in which the telephone company has not implemented density zone pricing, telephone\n companies may offer term and volume discounts in direct-trunked transport charges when\n interconnectors have taken at least 100 DS1-equivalent cross-connects for the transmission of switched\n traffic (as described in § 69.121(a)(1) of this chapter) in offices in the study area.\n\n (i) Centralized equal access providers as described in Transport Rate Structure and Pricing, CC Docket No.\n 91–213, FCC 92–442, 7 FCC Rcd 7002 (1992), are not required to provide direct-trunked transport service.\n Telephone companies that do not have measurement and billing capabilities at their end offices are not\n required to provide direct-trunked transport services at those end offices without measurement and billing\n capabilities. Telephone companies that are not classified as Class A companies under § 32.11 of this\n chapter are required to provide direct-trunked transport service upon request. All other telephone\n companies shall provide a direct-trunked transport service.\n\n[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 FR 44950, Aug. 25, 1993; 58 FR 48764, Sept. 17, 1993;\n60 FR 50121, Sept. 28, 1995]\n\n\n\n\n47 CFR 69.112(i) (enhanced display) page 30 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.113\nAccess Charges\n\n\n§ 69.113 Non-premium charges for MTS-WATS equivalent services.\n (a) Charges that are computed in accordance with this section shall be assessed upon interexchange carriers\n or other persons that receive access that is not deemed to be premium access as this term in defined in §\n 69.105(b)(1) in lieu of carrier charges that are computed in accordance with §§ 69.105, 69.106, 69.118,\n 69.124, and 69.127.\n\n (b) The non-premium charge for the Carrier Common Line element shall be computed by multiplying the\n premium charge for such element by .45.\n\n (c) For telephone companies that are not subject to price cap regulation as that term is defined in § 61.3(x) of\n this chapter, the non-premium charge for the Local Switching element shall be computed by multiplying a\n hypothetical premium charge for such element by .45. The hypothetical premium charge for such element\n shall be computed by dividing the annual revenue requirement for each element by the sum of the\n projected access minutes for such period and a number that is computed by multiplying the projected\n non-premium minutes for such element for such period by .45. For telephone companies that are price\n cap carriers, the non-premium charge for the Local Switching element shall be computed by multiplying\n the premium charge for such element by .45. Though June 30, 1993, the non-premium charge shall be\n computed by multiplying the LS2 charge for such element by .45.\n\n (d) The non-premium charge or charges for the interconnection charge element shall be computed by\n multiplying the corresponding premium charge or charges by .45.\n\n (e) The non-premium charge for any BSEs in local switching shall be computed by multiplying the premium\n charge for the corresponding BSEs by .45.\n\n[54 FR 6293, Feb. 9, 1989, as amended at 55 FR 42386, Oct. 19, 1990; 55 FR 50559, Dec. 7, 1990; 56 FR 33881, July 24, 1991; 57\nFR 54721, Nov. 20, 1992; 59 FR 10304, Mar. 4, 1994; 64 FR 46594, Aug. 26, 1999]\n\n\n§ 69.114 Special access.\n (a) Appropriate subelements shall be established for the use of equipment or facilities that are assigned to\n the Special Access element for purposes of apportioning net investment, or that are equivalent to such\n equipment or facilities for companies subject to price cap regulation as that term is defined in § 61.3(ff)\n of this chapter.\n\n (b) Charges for all subelements shall be designed to produce total annual revenue that is equal to the\n projected annual revenue requirement for the Special Access element.\n\n (c) Charges for an individual element shall be assessed upon all interexchange carriers that use the\n equipment or facilities that are included within such subelement.\n\n (d) Charges for individual subelements shall be designed to reflect cost differences among subelements in a\n manner that complies with applicable Commission rules or decisions.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43019, Sept. 21, 1983. Redesignated at 54 FR 6293, Feb. 9, 1989, as amended\nat 55 FR 42386, Oct. 19, 1990; 64 FR 46594, Aug. 26, 1999; 83 FR 67123, Dec. 28, 2018]\n\n\n\n\n47 CFR 69.114(d) (enhanced display) page 31 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.115\nAccess Charges\n\n\n§ 69.115 Special access surcharges.\n (a) Pending the development of techniques accurately to measure usage of exchange facilities that are\n interconnected by users with means of interstate or foreign telecommunications, a surcharge that is\n expressed in dollars and cents per line termination per month shall be assessed upon users that\n subscribe to private line services or WATS services that are not exempt from assessment pursuant to\n paragraph (e) of this section.\n\n (b) Except as provided in paragraph (f) of this section, such surcharge shall be computed to reflect a\n reasonable approximation of the carrier usage charges which, assuming non-premium interconnection,\n would have been paid for average interstate or foreign usage of common lines, end office facilities, and\n transport facilities, attributable to each Special Access line termination which is not exempt from\n assessment pursuant to paragraph (e) of this section.\n\n (c) If the association, carrier or carriers that file the tariff are unable to estimate such average usage for a\n period ending May 31, 1985, the surcharge for such period shall be twenty-five dollars ($25) per line\n termination per month. As of June 30, 2000, these rates will remain and be capped at the current levels\n until June 30, 2005.\n\n (d) A telephone company may propose reasonable and nondiscriminatory end user surcharges, to be filed in\n its federal access tariffs and to be applied to the use of exchange facilities which are interconected by\n users with means of interstate or foreign telecommunication which are not provided by the telephone\n company, and which are not exempt from assessment pursuant to paragraph (e) of this section.\n Telephone companies which wish to avail themselves of this option must undertake to use reasonable\n efforts to identify such means of interstate or foreign telecommunication, and to assess end user\n surcharges in a reasonable and nondiscriminatory manner.\n\n (e) No special access surcharges shall be assessed for any of the following terminations:\n\n (1) The open end termination in a telephone company switch of an FX line, including CCSA and CCSA-\n equivalent ONALs;\n\n (2) Any termination of an analog channel that is used for radio or television program transmission;\n\n (3) Any termination of a line that is used for telex service;\n\n (4) Any termination of a line that by nature of its operating characteristics could not make use of\n common lines; and\n\n (5) Any termination of a line that is subject to carrier usage charges pursuant to § 69.5.\n\n (6) Any termination of a line that the customer certifies to the exchange carrier is not connected to a\n PBX or other device capable of interconnecting a local exchange subscriber line with the private line\n or WATS access line.\n\n (f) The maximum special access surcharge a non-price cap local exchange carrier that elects model-based\n support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter\n may assess is the rate in effect on the last day of the month preceding the month for which model-based\n support or Alaska Plan support, as applicable, is first provided.\n\n(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 553)\n\n[48 FR 43019, Sept. 21, 1983, as amended at 49 FR 7829, Mar. 2, 1984; 51 FR 10841, Mar. 31, 1986; 52 FR 8259, Mar. 17, 1987; 65\nFR 38701, June 21, 2000; 81 FR 24345, Apr. 25, 2016; 81 FR 69716, Oct. 7, 2016]\n\n47 CFR 69.115(f) (enhanced display) page 32 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.118\nAccess Charges\n\n\n§ 69.118 Traffic sensitive switched services.\nNotwithstanding §§ 69.4(b), 69.106, 69.109, 69.110, 69.111, 69.112, and 69.124, telephone companies subject to\nthe BOC ONA Order, 4 FCC Rcd 1 (1988) shall, and other telephone companies may, establish approved Basic\nService Elements as provided in Amendments of part 69 of the Commission's rules relating to the Creation of\nAccess Charge Subelements for Open Network Architecture, Report and Order, 6 FCC Rcd 4524 (1991) and 800 data\nbase subelements, as provided in Provision of Access for 800 Service, 8 FCC Rcd ____, CC Docket 86–10, FCC\n93–53 (1993). Moreover, all customers that use basic 800 database service shall be assessed a charge that is\nexpressed in dollars and cents per query. Telephone companies shall take into account revenues from the relevant\nBasic Service Element or Elements and 800 Database Service Elements in computing rates for the Local Switching,\nEntrance Facilities, Tandem-Switched Transport, Direct-Trunked Transport, Interconnection Charge, and/or\nInformation elements.\n\n[58 FR 7868, Feb. 10, 1993]\n\n\n§ 69.119 Basic service element expedited approval process.\nThe rules for filing comments and reply comments on requests for expedited approval of new basic service\nelements are those indicated in § 1.45 of the rules, except as specified otherwise.\n\n[56 FR 33881, July 24, 1991]\n\n\n§ 69.120 Line information database.\n (a) A charge that is expressed in dollars and cents per query shall be assessed upon all carriers that access\n validation information from a local exchange carrier database to recover the costs of:\n\n (1) The transmission facilities between the local exchange carrier's signalling transfer point and the\n database; and\n\n (2) The signalling transfer point facilities dedicated to the termination of the transmission facilities\n connecting the database to the exchange carrier's signalling network.\n\n (b) A charge that is expressed in dollars and cents per query shall be assessed upon all carriers that access\n validation information from a local exchange carrier line information database to recover the costs of the\n database.\n\n[57 FR 24380, June 9, 1992]\n\n\n§ 69.121 Connection charges for expanded interconnection.\n (a) Appropriate connection charge subelements shall be established for the use of equipment and facilities\n that are associated with offerings of expanded interconnection for special access and switched transport\n services, as defined in part 64, subpart N of this chapter. To the extent that the same equipment and\n facilities are used to provide expanded interconnection for both special access and switched transport,\n the same connection charge subelements shall be used.\n\n\n\n\n47 CFR 69.121(a) (enhanced display) page 33 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.121(a)(1)\nAccess Charges\n\n\n (1) A cross-connect subelement shall be established for charges associated with the cross-connect\n cable and associated facilities connecting the equipment owned by or dedicated to the use of the\n interconnector with the telephone company's equipment and facilities used to provide interstate\n special or switched access services. Charges for the cross-connect subelement shall not be\n deaveraged within a study area that is used for purposes of jurisdictional separations.\n\n (2) Charges for subelements associated with physical collocation or virtual collocation, other than the\n subelement described in paragraph (a)(1) of this section and subelements recovering the cost of the\n virtual collocation equipment described in § 64.1401(e)(1) of this chapter, may reasonably differ in\n different central offices, notwithstanding § 69.3(e)(7).\n\n (b) Connection charge subelements shall be computed based upon the costs associated with the equipment\n and facilities that are included in such subelements, including no more than a just and reasonable portion\n of the telephone company's overhead costs.\n\n (c) Connection charge subelements shall be assessed upon all interconnectors that use the equipment or\n facilities that are included in such subelements.\n\n[57 FR 54332, Nov. 18, 1992, as amended at 58 FR 48764, Sept. 17, 1993; 59 FR 38930, Aug. 1, 1994]\n\n\n§ 69.123 Density pricing zones for special access and switched transport.\n (a)\n\n (1) Incumbent local exchange carriers not subject to price cap regulation may establish any number of\n density zones within a study area that is used for purposes of jurisdictional separations, provided\n that each zone, except the highest-cost zone, accounts for at least 15 percent of that carrier's\n special access and transport revenues within that study area, calculated pursuant to the\n methodology set forth in § 69.725.\n\n (2) Such a system of pricing zones shall be designed to reasonably reflect cost-related characteristics,\n such as the density of total interstate traffic in central offices located in the respective zones.\n\n (3) Non-price cap incumbent local exchange carriers may establish only one set of density pricing zones\n within each study area, to be used for the pricing of both special and switched access pursuant to\n paragraphs (c) and (d) of this section.\n\n (b)\n\n (1) Incumbent local exchange carriers subject to price cap regulation may establish any number of\n density zones within a study area that is used for purposes of jurisdictional separations, provided\n that each zone, except the highest-cost zone, accounts for at least 15 percent of that carrier's\n trunking basket revenues within that study area, calculated pursuant to the methodology set forth in\n § 69.725.\n\n (2) Price cap incumbent local exchange carriers may establish only one set of density pricing zones\n within each study area, to be used for the pricing of all services within the trunking basket for which\n zone density pricing is permitted.\n\n (3) An access service subelement for which zone density pricing is permitted shall be deemed to be\n offered in the zone that contains the telephone company location from which the service is provided.\n\n\n\n47 CFR 69.123(b)(3) (enhanced display) page 34 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.123(b)(4)\nAccess Charges\n\n\n (4) An access service subelement for which zone density pricing is permitted which is provided to a\n customer between telephone company locations shall be deemed to be offered in the highest priced\n zone that contains one of the locations between which the service is offered.\n\n (c) Notwithstanding § 69.3(e)(7), in study areas in which a telephone company offers a cross-connect, as\n described in § 69.121(a)(1), for the transmission of interstate special access traffic, telephone companies\n may charge rates for special access sub-elements of DS1, DS3, and such other special access services as\n the Commission may designate, that differ depending on the zone in which the service is offered, provided\n that the charges for any such service shall not be deaveraged within any such zone.\n\n (1) A special access service subelement shall be deemed to be offered in the zone that contains the\n telephone company location from which the service is provided.\n\n (2) A special access service subelement provided to a customer between telephone company locations\n shall be deemed to be offered in the highest priced zone that contains one of the locations between\n which the service is offered.\n\n (d) Notwithstanding § 69.3(e)(7), in study areas in which a telephone company offers a cross-connect, as\n described in § 69.121(a)(1), for the transmission of interstate switched traffic, or is using collocated\n facilities to interconnect with telephone company interstate switched transport services, telephone\n companies may charge rates for sub-elements of direct-trunked transport, tandem-switched transport,\n entrance facilities, and dedicated signaling transport that differ depending on the zone in which the\n service is offered, provided that the charge for any such service shall not be deaveraged within any such\n zone.\n\n (1) A switched transport service subelement shall be deemed to be offered in the zone that contains the\n telephone company location from which the service is provided.\n\n (2) A switched transport service subelement provided to a customer between telephone company\n locations shall be deemed to be offered in the highest priced zone that contains either of the\n locations between which the service is offered.\n\n (e)\n\n (1) Telephone companies not subject to price cap regulation may charge a rate for each service in the\n highest priced zone that exceeds the rate for the same service in the lowest priced zone by no more\n than fifteen percent of the rate for the service in the lowest priced zone during the period from the\n date that the zones are initially established through the following June 30. The difference between\n the rates for any such service in the highest priced zone and the lowest priced zone in a study area,\n measured as a percentage of the rate for the service in the lowest priced zone, may increase by no\n more than an additional fifteen percentage points in each succeeding year, measured from the rate\n differential in effect on the last day of the preceding tariff year.\n\n (2) Notwithstanding § 69.3(e)(7), incumbent local exchange carriers subject to price cap regulation may\n charge different rates for services in different zones pursuant to § 61.47(f) of this chapter, provided\n that the charges for any such service are not deaveraged within any such zone.\n\n (f)\n\n (1) An incumbent local exchange carrier that establishes density pricing zones under this section must\n reallocate additional amounts recovered under the interconnection charge prescribed in § 69.124 of\n this subpart to facilities-based transport rates, to reflect the higher costs of serving lower density\n\n\n47 CFR 69.123(f)(1) (enhanced display) page 35 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.123(f)(2)\nAccess Charges\n\n\n areas. Each incumbent local exchange carrier must reallocate costs from the interexchange charge\n each time it increases the ratio between the prices in its lowest-cost zone and any other zone in that\n study area.\n\n (2) Any incumbent local exchange carrier that has already deaveraged its rates on January 1, 1998 must\n reallocate an amount equivalent to that described in paragraph (f)(1) of this section from the\n interconnection charge prescribed in § 69.124 to its transport services.\n\n (3) Price cap local exchange carriers shall reassign to direct-trunked transport and tandem-switched\n transport categories or subcategories interconnection charge amounts reallocated under paragraph\n (f)(1) or (f)(2) of this section in a manner that reflects the way density pricing zones are being\n implemented by the incumbent local exchange carrier.\n\n[57 FR 54333, Nov. 18, 1992, as amended at 58 FR 48764, Sept. 17, 1993; 62 FR 31935, June 11, 1997; 64 FR 51267, Sept. 22,\n1999; 69 FR 25336, May 6, 2004]\n\n\n§ 69.124 Interconnection charge.\n (a) Until December 31, 2001, local exchange carriers not subject to price cap regulation shall assess an\n interconnection charge expressed in dollars and cents per access minute upon all interexchange carriers\n and upon all other persons using the telephone company switched access network.\n\n (b) If the use made of the local exchange carrier's switched access network includes the local switch, but not\n local transport, the interconnection charge assessed pursuant to paragraph (a) of this section shall be\n computed by subtracting entrance facilities, tandem-switched transport, direct-trunked transport, and\n dedicated signalling transport revenues, as well as any interconnection charge revenues that the local\n exchange carrier anticipates will be reassigned to other, facilities-based rate elements in the future, from\n the part 69 transport revenue requirement, and dividing by the total interstate local switching minutes.\n\n (c) If the use made of the local exchange carrier's switched access network includes local transport, the\n interconnection charge to be assessed pursuant to paragraph (a) of this section shall be computed by\n dividing any interconnection charge revenues that the local exchange carrier anticipates will be\n reassigned to other, facilities-based rate elements in the future by the total interstate local transport\n minutes, and adding thereto the per minute amount calculated pursuant to paragraph (b) of this section.\n\n[62 FR 66030, Dec. 17, 1997, as amended at 66 FR 59732, Nov. 30, 2001]\n\n\n§ 69.125 Dedicated signalling transport.\n (a) Dedicated signalling transport shall consist of two elements, a signalling link charge and a signalling\n transfer point (STP) port termination charge.\n\n (b)\n\n (1) A flat-rated signalling link charge expressed in dollars and cents per unit of capacity shall be\n assessed upon all interexchange carriers and other persons that use facilities between an\n interexchange carrier or other person's common channel signalling network and a telephone\n company signalling transfer point or equivalent facilities offered by a telephone company. Signalling\n link charges may be distance-sensitive. Distance shall be measured as airline kilometers between\n the signalling point of interconnection of the interexchange carrier's or other person's common\n channel signalling network and the telephone company's signalling transfer point.\n\n47 CFR 69.125(b)(1) (enhanced display) page 36 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.125(b)(2)\nAccess Charges\n\n\n (2) Signalling link rates will generally be presumed reasonable if they are based on the interoffice\n charges for equivalent special access services. Telephone companies that have, before February 18,\n 1993, tariffed a signalling link service for signalling transport between the interexchange carrier's or\n other person's common channel signalling network and the telephone company's STP are permitted\n to use the rates that are in place.\n\n (c) A flat-rated STP port termination charge expressed in dollars and cents per port shall be assessed upon\n all interexchange carriers and other persons that use dedicated signalling transport.\n\n[57 FR 54721, Nov. 20, 1992, as amended at 58 FR 41191, Aug. 3, 1993; 58 FR 44950, Aug. 25, 1993; 62 FR 31935, June 11, 1997]\n\n\n§ 69.128 Billing name and address.\nAppropriate subelements shall be established for the use of equipment or facilities that are associated with\nofferings of billing name and address.\n\n[58 FR 36145, July 6, 1993]\n\n\n§ 69.129 Signalling for tandem switching.\nA charge that is expressed in dollars and cents shall be assessed upon the purchasing entity by a local telephone\ncompany for provision of signalling for tandem switching.\n\n[59 FR 32930, June 27, 1994]\n\n\n§ 69.130 Line port costs in excess of basic analog service.\n (a) To the extent that the costs of ISDN line ports, and line ports associated with other services, exceed the\n costs of a line port used for basic, analog service, non-price cap local exchange carriers may recover the\n difference through a separate monthly end-user charge, provided that no portion of such excess cost may\n be recovered through other common line access charges, or through Connect America Fund Broadband\n Loop Support.\n\n (b) The maximum charge a non-price cap local exchange carrier that elects model-based support pursuant to\n § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may assess is the\n rate in effect on the last day of the month preceding the month for which model-based support or Alaska\n Plan support, as applicable, is first provided.\n\n[81 FR 24345, Apr. 25, 2016, amended at 81 FR 69716, Oct. 7, 2016]\n\n\n§ 69.131 Universal service end user charges.\nTo the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to §§\n54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the\namount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a\ncharge to end users other than Lifeline users. The charge to recover these contributions is not part of any other\nelement established pursuant to part 69. Such a charge may be assessed on a per-line basis or as a percentage of\ninterstate retail revenues, and at the option of the local exchange carrier it may be combined for billing purposes\nwith other end user retail rate elements. A non-price cap local exchange carrier opting to assess the Universal\n\n\n47 CFR 69.131 (enhanced display) page 37 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.132\nAccess Charges\n\n\nService end-user rate element on a per-line basis may apply that charge using the “equivalency” relationships\nestablished for the multi-line business PICC for Primary Rate ISDN service, as per § 69.153(d), and for Centrex lines,\nas per § 69.153(e).\n\n[66 FR 59732, Nov. 30, 2001]\n\n\n§ 69.132 End user Consumer Broadband-Only Loop charge for non-price cap incumbent local\nexchange carriers.\n (a) This section is applicable only to incumbent local exchange carriers that are not subject to price cap\n regulation as that term is defined in § 61.3(ee) of this chapter.\n\n (b) A charge that is expressed in dollars and cents per line per month may be assessed upon end users that\n subscribe to Consumer Broadband-Only Loop service. Such charge shall be assessed for each line\n without regulated local exchange voice service provided by a rate-of-return incumbent local exchange\n carrier to a customer, for use in connection with fixed Broadband Internet access service, as defined in §\n 8.2 of this chapter.\n\n (c) For carriers not electing model-based support pursuant to § 54.311 of this chapter or Alaska Plan support\n pursuant to § 54.306 of this chapter, the single-line rate or charge shall be computed by dividing one-\n twelfth of the projected annual revenue requirement for the Consumer Broadband-Only Loop category (net\n of the projected annual Connect America Fund Broadband Loop Support attributable to consumer\n broadband-only loops) by the projected average number of consumer broadband-only service lines in use\n during such annual period.\n\n (d) The maximum monthly per line charge for each Consumer Broadband-Only Loop provided by a non-price\n cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska\n Plan support pursuant to § 54.306 of this chapter shall be $42.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 81 FR 24345, Apr. 25, 2016; 81 FR 69716, Oct. 7, 2016]\n\n\nSubpart C—Computation of Charges for Price Cap Local Exchange Carriers\n\nSource: 62 FR 31935, June 11, 1997, unless otherwise noted.\n\n\n\n§ 69.151 Applicability.\nThis subpart shall apply only to telephone companies subject to the price cap regulations set forth in part 61 of this\nchapter.\n\n§ 69.152 End user common line for price cap local exchange carriers.\n (a) A charge that is expressed in dollars and cents per line per month shall be assessed upon end users that\n subscribe to local exchange telephone service or Centrex service to the extent they do not pay carrier\n common line charges. A charge that is expressed in dollars and cents per line per month shall be\n assessed upon providers of public telephones. Such charge shall be assessed for each line between the\n premises of an end user, or public telephone location, and a Class 5 office that is or may be used for local\n exchange service transmissions.\n\n\n47 CFR 69.152(a) (enhanced display) page 38 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.152(b)\nAccess Charges\n\n\n (b) [Reserved]\n\n (c) The charge for each subscriber line associated with a public telephone shall be equal to the monthly\n charge computed in accordance with paragraph (k) of this section.\n\n (d)\n\n (1) Beginning July 1, 2000, in a study area that does not have deaveraged End User Common Line\n Charges, the maximum monthly charge for each primary residential or single-line business local\n exchange service subscriber line shall be the lesser of:\n\n (i) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter; or\n\n (ii) The following:\n\n (A) On July 1, 2000, $4.35.\n\n (B) On July 1, 2001, $5.00.\n\n (C) On July 1, 2002, $6.00.\n\n (D) On July 1, 2003, $6.50.\n\n (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the maximum monthly charge in paragraph\n (d)(1)(ii) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this chapter.\n\n (e)\n\n (1) Beginning July 1, 2000, in a study area that does not have deaveraged End User Common Line\n Charges, the maximum monthly charge for each non-primary residential local exchange service\n subscriber line shall be the lesser of:\n\n (i) $7.00; or\n\n (ii) The greater of:\n\n (A) The rate as of June 30, 2000 less reductions needed to ensure over recovery of CMT\n Revenues does not occur; or\n\n (B) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this\n chapter.\n\n (2) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in\n paragraph (e)(1)(i) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this\n chapter.\n\n (3) Where the local exchange carrier provides a residential line to another carrier so that the other carrier\n may resell that residential line to a residence that already receives a primary residential line, the local\n exchange carrier may collect the non-primary residential charge described in paragraph (e) of this\n section from the other carrier.\n\n (f) The charge for each primary residential local exchange service subscriber line shall be the same as the\n charge for each single-line business local exchange service subscriber line.\n\n (g) A line shall be deemed to be a residential subscriber line if the subscriber pays a rate for such line that is\n described as a residential rate in the local exchange service tariff.\n\n\n47 CFR 69.152(g) (enhanced display) page 39 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.152(h)\nAccess Charges\n\n\n (h) Effective July 1, 1999, only one of the residential subscriber lines a price cap local exchange carrier\n provides to a location shall be deemed to be a primary residential line.\n\n (1) Effective July 1, 1999, for purposes of § 69.152(h) of this chapter, “residential subscriber line”\n includes residential lines that a price cap local exchange carrier provides to a competitive local\n exchange carrier that resells the line and on which the price cap local exchange carrier may assess\n access charges.\n\n (2) Effective July 1, 1999, if a customer subscribes to residential lines from a price cap local exchange\n carrier and at least one reseller of the price cap local exchange carrier's lines, the line sold by the\n price cap local exchange carrier shall be the primary line, except that if a resold price cap LEC line is\n already the primary line, the resold line will remain the primary line should a price cap local exchange\n carrier subsequently sell an additional line to that residence.\n\n (i) A line shall be deemed to be a single-line business subscriber line if the subscriber pays a rate that is not\n described as a residential rate in the local exchange service tariff and does not obtain more than one such\n line from a particular telephone company.\n\n (j) No charge shall be assessed for any WATS access line.\n\n (k)\n\n (1) Beginning on July 1, 2000, for any study area that does not have deaveraged End User Common Line\n charges and in the absence of voluntary reductions, the maximum monthly End User Common Line\n Charge for multi-line business lines will be the lesser of:\n\n (i) $9.20; or\n\n (ii) The greater of:\n\n (A) The rate as of June 30, 2000, less reductions needed to ensure over recovery of CMT\n Revenues does not occur; or\n\n (B) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this\n chapter.\n\n\n Note to paragraph (k)(1): Except when the local exchange carrier reduces the rate\n through voluntary reductions, the multi-line business End User Common Line charge\n will be frozen until the study area's multi-line business PICC and CCL charge are\n eliminated.\n\n (2) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in\n paragraph (k)(1)(i) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this\n chapter.\n\n (l)\n\n (1) Beginning January 1, 1998, local exchange carrier shall assess no more than one End User Common\n Line charge as calculated under the applicable method under paragraph (e) of this section for Basic\n Rate Interface integrated services digital network (ISDN) service.\n\n (2) Local exchange carriers shall assess no more than five End User Common Line charges as\n calculated under paragraph (k) of this section for Primary Rate Interface ISDN service.\n\n47 CFR 69.152(l)(2) (enhanced display) page 40 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.152(m)\nAccess Charges\n\n\n (m) In the event the local exchange carrier charges less than the maximum End User Common Line charge for\n any subscriber lines, the local exchange carrier may not recover the difference between the amount\n collected and the maximum from carrier common line charges or PICCs.\n\n (n)–(p) [Reserved]\n\n (q) End User Common Line Charge De-Averaging. Beginning on July 1, 2000, local exchange carriers may\n geographically deaverage End User Common Line charges subject to the following conditions:\n\n (1) In order for a price cap local exchange carrier to be allowed to de-average End User Common Line\n charges within a study area, the price cap local exchange carrier must have state Commission\n approved geographically deaveraged rates for UNE loops within that study area. Except where a LEC\n geographically deaverages through voluntary reductions, before a price cap local exchange carrier\n may geographically deaverage its End User Common Line rates, its Originating and Terminating CCL\n and Multi-line Business PICC rates in that study area must equal $0.00.\n\n (2) All geographic deaveraging of End User Common Line charges by customer class within a study area\n must be according to the state commission-approved UNE loop zone. Solely for the purposes of\n determining interstate subscriber line charges and the interstate access universal service support\n described in §§ 54.806 and 54.807 of this chapter, a price cap local exchange carrier may not have\n more than four geographic End User Common Line Charge/Universal Service zones absent a review\n by the Commission. Where a price cap local exchange carrier has more than four state-created UNE\n zones and the Commission has not approved use of additional zones, the price cap local exchange\n carrier will determine, at its discretion, which state-created UNE zones to consolidate so that it has\n no more than four zones for the purpose of determining interstate subscriber line charges and\n interstate access universal service support.\n\n (3) Within a given zone, Multi-line Business End User Common Line rates cannot fall below Primary\n Residential and Single-Line Business or Non-Primary Residential End User Common Line charges.\n Non-Primary End User Common Line charges cannot fall below Primary Residential and Single-Line\n Business charges.\n\n (4) For any given class of customer in any given zone, the Zone deaveraged End User Common Line\n Charge in that zone must be greater than or equal to the Zone deaveraged End User Common Line\n charge in the zone with the next lower Zone Average Revenue Per Line.\n\n (5) The sum of all revenues per month that would be generated from all deaveraged End User Common\n Line charges in all zones within a study area plus Interstate Access Universal Service Support per\n Line month (as defined in § 54.807 of this chapter) for the applicable customer classes and zones\n receiving such support multiplied by corresponding base period lines, divided by the number of base\n period lines in that study area cannot exceed Average Price Cap CMT Revenue per Line month as\n defined in § 61.3(d) of this chapter for that study area. In addition, the sum of revenues per month\n that would be generated from all deaveraged End User Common Line charges in all End User\n Common Line charge deaveraging zones within a study area plus revenues per month from all End\n User Common Line charge, multi-line business PICC and CCL charges from study areas within that\n study area that have not geographically deaveraged End User Common Line charges plus the sum of\n all Interstate Access Universal Service Support per Line month (as defined in § 54.807 of this\n chapter) for the applicable customer classes and zones receiving such support, multiplied by the\n corresponding base period lines for the applicable customer classes and zones within the study\n area, divided by the number of total base period lines in the study area cannot exceed Average Price\n Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter for the study area.\n\n47 CFR 69.152(q)(5) (enhanced display) page 41 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.152(q)(6)\nAccess Charges\n\n\n (6) Maximum charge. The maximum zone deaveraged End User Common Line Charge that may be\n charged in any zone is the applicable cap specified in § 69.152(d)(1), § 69.152(e)(1)(i) or § 69.152\n (k)(1)(i) Zone Average Revenue Per Line is the Average Price Cap CMT Revenue per Line month\n allocated to a particular state-defined zone used for deaveraging of UNE loop prices. The zone\n average revenue per line is computed pursuant to § 61.3 (zz) of this chapter.\n\n (7) Minimum charge. Except where a local exchange carrier chooses to lower the deaveraged End User\n Common Line charge through voluntary reductions, the minimum zone deaveraged End User\n Common Line charge in any zone in a study area is at least the Minimum End User Common Line\n charge. Minimum End User Common Line charge is Zone Average Revenue Per Line for the zone\n with the lowest Zone Average Revenue Per Line in that study area plus an amount per line calculated\n to recover the difference between Interstate Access Universal Service Support Per Line (as defined in\n § 54.807 of this chapter) multiplied by base period lines for the applicable customer class and zones\n receiving such support and Study Area Above Benchmark Revenues, first from Zone 1 until the End\n User Common Line charges in Zone 1 equal the End User Common Line charges in Zone 2, and then\n from lines in Zones 1 and 2 equally until the End User Common Line charges in those Zones reach\n Zone 3 (with all End User Common Line charges subject to the applicable residential and multi-line\n business lines nominal caps).\n\n (i) For the purposes of this part, “Study Area Above Benchmark Revenues” is the sum of all Zone\n Above Benchmark Revenues.\n\n (ii) For the purposes of this part, “Zone Above Benchmark Revenues” is calculated as follows:\n\n Zone Above Benchmark Revenues is the sum of Zone Above Benchmark Revenues for\n Residential and Single-line Business lines and Zone Above Benchmark Revenues for Multi-line\n Business lines. Zone Above Benchmark Revenues for Residential and Single-line Business lines\n is, within each zone, (Zone Average Revenue Per Line minus $7.00) multiplied by all eligible\n telecommunications carrier Base Period Residential and Single-line Business lines times 12. If\n negative, the Zone Above Benchmark Revenues for Residential and Single-line Business lines\n for the zone is zero. Zone Above Benchmark Revenues for Multi-line Business lines is, within\n each zone,\n\n (Zone Average Revenue Per Line minus $9.20) multiplied by all eligible telecommunications\n carrier zone Base Period Multi-line Business lines times 12. If negative, the Zone Above\n Benchmark Revenues for Multi-line Business lines for the zone is zero.\n\n (8) Voluntary Reductions. A “Voluntary Reduction” is one in which the local exchange carrier reduces\n prices other than through offset of net increases in End User Common Line charge revenues or\n Interstate Access Universal Service support received pursuant to § 54.807 of this chapter, or through\n increases in other zone deaveraged End User Common Line charges.\n\n[65 FR 38701, June 21, 2000; 65 FR 57744, Sept. 26, 2000]\n\n\n§ 69.153 Presubscribed interexchange carrier charge (PICC).\n (a) A charge expressed in dollars and cents per line may be assessed upon the Multi-line business\n subscriber's presubscribed interexchange carrier to recover revenues totaling Average Price Cap CMT\n Revenues per Line month times the number of base period lines less revenues recovered through the End\n User Common Line charge established under § 69.152 and Interstate Access Universal Service Support\n Per Line (as defined in § 54.807 of this chapter) multiplied by base period lines for the applicable\n\n47 CFR 69.153(a) (enhanced display) page 42 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.153(b)\nAccess Charges\n\n\n customer class and zones receiving such support, up to a maximum of $4.31 per line per month. In the\n event the ceilings on the PICC prevent the PICC from recovering all the residual common line/marketing\n and residual interconnection charge revenues, the PICC shall recover all residual common line/marketing\n revenues before it recovers residual interconnection charge revenues.\n\n (b) If an end-user customer does not have a presubscribed interexchange carrier, the local exchange carrier\n may collect the PICC directly from the end user.\n\n (c) [Reserved]\n\n (d) Local exchange carriers shall assess no more than five PICCs as calculated under paragraph (a) of this\n section for Primary Rate Interface ISDN service.\n\n (e) The maximum monthly PICC for Centrex lines shall be one-ninth of the maximum charge determined\n under paragraph (a) of this section, except that if a Centrex customer has fewer than nine lines, the\n maximum monthly PICC for those lines shall be the maximum charge determined under paragraph (a) of\n this section divided by the customer's number of Centrex lines.\n\n (f) The PICC shall not be applicable to any payphone lines.\n\n (g)–(h) [Reserved]\n\n[65 FR 38703, June 21, 2000; 65 FR 57744, Sept. 26, 2000, as amended at 68 FR 43329, July 22, 2003]\n\n\n§ 69.154 Per-minute carrier common line charge.\n (a) Local exchange carriers may recover a per-minute carrier common line charge from interexchange\n carriers, collected on originating access minutes and calculated using the weighting method set forth in\n paragraph (c) of this section. The maximum such charge shall be the lower of:\n\n (1) The per-minute rate using base period demand that would recover the maximum allowable carrier\n common line revenue as defined in § 61.46(d) of this chapter; or\n\n (2) The sum of the local switching, carrier common line and interconnection charge charges assessed\n on originating minutes on December 31, 1997, minus the local switching charges assessed on\n originating minutes.\n\n (b) To the extent that paragraph (a) of this section does not recover from interexchange carriers all permitted\n carrier common line revenue, the excess may be collected through a per-minute charge on terminating\n access calculated using the weighting method set forth in paragraph (c) of this section.\n\n (c) For each Carrier Common Line access element tariff, the premium originating Carrier Common Line\n charge shall be set at a level that recovers revenues allowed under paragraphs (a) and (b) of this section.\n The non-premium charges shall be equal to .45 multiplied by the premium charges.\n\n[62 FR 31935, June 11, 1997, as amended at 65 FR 38703, June 21, 2000]\n\n\n§ 69.155 Per-minute residual interconnection charge.\n (a) Local exchange carriers may recover a per-minute residual interconnection charge on originating access.\n The maximum such charge shall be the lower of:\n\n\n\n\n47 CFR 69.155(a) (enhanced display) page 43 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.155(a)(1)\nAccess Charges\n\n\n (1) The per-minute rate that would recover the total annual residual interconnection charge revenues\n permitted less the portion of the residual interconnection charge allowed to be recovered under §\n 69.153; or\n\n (2) The sum of the local switching, carrier common line and residual interconnection charges assessed\n on originating minutes on December 31, 1997, minus the local switching charges assessed on\n originating minutes, less the maximum amount allowed to be recovered under § 69.154(a).\n\n (b) To the extent that paragraph (a) of this section prohibits a local exchange carrier from recovering all of the\n residual interconnection charge revenues permitted, the residual may be collected through a per-minute\n charge on terminating access.\n\n (c)\n\n (1) No portion of the charge assessed pursuant to paragraphs (a) or (b) of this section that recovers\n revenues that the local exchange carrier anticipates will be reassigned to other, facilities-based rate\n elements, including the tandem-switching rate element described in § 69.111(g), the three-part\n tandem switched transport rate structure described in § 69.111(a)(2), and port and multiplexer\n charges described in § 69.111(l), shall be assessed upon minutes utilizing the local exchange\n carrier's local switching facilities, but not the local exchange carrier's transport service.\n\n (2) If a local exchange carrier cannot recover its full residual interconnection charge revenues through\n the PICC mechanism established in § 69.153, and will consequently cover a portion of its residual\n interconnection charge revenues through per-minute charges assessed pursuant to paragraphs (a)\n and (b) of this section, then the local exchange carrier must allocate its residual interconnection\n charge revenues subject to the exemption established in paragraph (c)(1) of this section between\n the PICC and the per-minute residual interconnection charge in the same proportion as other\n residual interconnection charge revenues are allocated between these two recovery mechanisms.\n\n[62 FR 31938, June 11, 1997; 62 FR 40460, July 29, 1997, as amended at 62 FR 56133, Oct. 29, 1997]\n\n\n§ 69.156 Marketing expenses.\nEffective July 1, 2000, the marketing expenses formerly allocated to the common line and traffic sensitive baskets,\nand the switched services within the trunking basket pursuant to § 32.6610 of this chapter and § 69.403 will now be\nrecovered in the CMT basket created pursuant to § 61.42(d)(1) of this chapter. These marketing expenses will be\nrecovered through the elements outlined in §§ 69.152, 69.153 and 69.154.\n\n[65 FR 38703, June 21, 2000]\n\n\n§ 69.157 Line port costs in excess of basic, analog service.\nTo the extent that the costs of ISDN line ports, and line ports associated with other services, exceed the costs of a\nline port used for basic, analog service, local exchange carriers may recover the difference through a separate\nmonthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005.\n\n[65 FR 38704, June 21, 2000; 65 FR 57744, Sept. 26, 2000]\n\n\n\n\n47 CFR 69.157 (enhanced display) page 44 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.158\nAccess Charges\n\n\n§ 69.158 Universal service end user charges.\nTo the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to §§\n54.706 and 54.709 of this chapter and the local exchange carrier seeks to recover some or all of the amount of such\ncontribution, the local exchange carrier shall recover those contributions through a charge to end users other than\nLifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these\ncontributions is not part of any other element established pursuant to part 69. Such a charge may be assessed on a\nper-line basis or as a percentage of interstate retail revenues, and at the option of the local exchange carrier it may\nbe combined for billing purposes with other end user retail rate elements. A local exchange carrier opting to assess\nthe Universal Service end-user rate element on a per-line basis may apply that charge using the “equivalency”\nrelationships established for the multi-line business PICC for Primary Rate ISDN service, as per § 69.153(d), and for\nCentrex lines, as per § 69.153(e).\n\n[65 FR 38704, June 21, 2000; 65 FR 57744, Sept. 26, 2000]\n\n\nSubpart D—Apportionment of Net Investment\n\nSource: 52 FR 37312, Oct. 6, 1987, unless otherwise noted.\n\n\n\n§ 69.301 General.\n (a) For purposes of computing annual revenue requirements for access elements net investment as defined\n in § 69.2 (z) shall be apportioned among the interexchange category, the billing and collection category\n and access elements as provided in this subpart. For purposes of this subpart, local transport includes\n five elements: entrance facilities, direct-trunked transport, tandem-switched transport, dedicated signaling\n transport, and the interconnection charge. Expenses shall be apportioned as provided in subpart E of this\n part.\n\n (b) The End User Common Line and Carrier Common Line elements shall be combined for purposes of this\n subpart and subpart E of this part. Those elements shall be described collectively as the Common Line\n element. The Common Line element revenue requirement shall be segregated in accordance with subpart\n F of this part.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992]\n\n\n§ 69.302 Net investment.\n (a) Investment in Accounts 2001, 1220 and Class B Rural Telephone Bank Stock booked in Account 1410\n shall be apportioned among the interexchange category, billing and collection category and appropriate\n access elements as provided in §§ 69.303 through 69.309.\n\n (b) Investment in Accounts 2002, 2003 and to the extent such inclusions are allowed by this Commission,\n Account 2005 shall be apportioned on the basis of the total investment in Account 2001,\n Telecommunications Plant in Service.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989; 67 FR 5703, Feb. 6, 2002]\n\n\n\n\n47 CFR 69.302(b) (enhanced display) page 45 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.303\nAccess Charges\n\n\n§ 69.303 Information origination/termination equipment (IOT).\nInvestment in all other IOT shall be apportioned between the Special Access and Common Line elements on the\nbasis of the relative number of equivalent lines in use, as provided herein. Each interstate or foreign Special Access\nLine, excluding lines designated in § 69.115(e), shall be counted as one or more equivalent lines where channels are\nof higher than voice bandwidth, and the number of equivalent lines shall equal the number of voice capacity analog\nor digital channels to which the higher capacity is equivalent. Local exchange subscriber lines shall be multiplied by\nthe interstate Subscriber Plant Factor to determine the number of equivalent local exchange subscriber lines.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]\n\n\n§ 69.304 Subscriber line cable and wire facilities.\n (a) Investment in local exchange subscriber lines shall be assigned to the Common Line element.\n\n (b) Investment in interstate and foreign private lines and interstate WATS access lines shall be assigned to\n the Special access element.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]\n\n\n§ 69.305 Carrier cable and wire facilities (C&WF).\n (a) Carrier C&WF that is not used for “origination” or “termination” as defined in § 69.2(bb) and § 69.2(cc)\n shall be assigned to the interexchange category.\n\n (b) Carrier C&WF, other than WATS access lines, not assigned pursuant to paragraph (a), (c), or (e) of this\n section that is used for interexchange services that use switching facilities for origination and termination\n that are also used for local exchange telephone service shall be apportioned to the local Transport\n elements.\n\n (c) Carrier C&WF that is used to provide transmission between the local exchange carrier's signalling transfer\n point and the database shall be assigned to the Line Information Database sub-element at § 69.120(a).\n\n (d) All Carrier C&WF that is not apportioned pursuant to paragraphs (a), (b), (c), and (e) of this section shall be\n assigned to the Special Access element.\n\n (e) Carrier C&WF that is used to provide transmission between the local exchange carrier's signalling transfer\n point and the local switch shall be assigned to the local switching category.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 24380, June 9, 1992; 58 FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997]\n\n\n§ 69.306 Central office equipment (COE).\n (a) The Separations Manual categories shall be used for purposes of apportioning investment in such\n equipment except that any Central office equipment attributable to local transport shall be assigned to the\n Transport elements.\n\n (b) COE Category 1 (Operator Systems Equipment) shall be apportioned among the interexchange category\n and the access elements as follows: Category 1 that is used for intercept services shall be assigned to\n the Local Switching element. Category 1 that is used for directory assistance shall be assigned to the\n Information element. Category 1 other than service observation boards that is not assigned to the\n Information element and is not used for intercept services shall be assigned to the interexchange\n\n47 CFR 69.306(b) (enhanced display) page 46 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.306(c)\nAccess Charges\n\n\n category. Service observation boards shall be apportioned among the interexchange category, and the\n Information and Transport access elements based on the remaining combined investment in COE\n Category 1, Category 2 and Category 3.\n\n (c) COE Category 2 (Tandem Switching Equipment) that is deemed to be exchange equipment for purposes\n of the Modification of Final Judgment in United States v. Western Electric Co. shall be assigned to the\n tandem switching charge subelement and the interconnection charge element. COE Category 2 which is\n associated with the signal transfer point function shall be assigned to the local switching category. COE\n Category 2 which is used to provide transmission facilities between the local exchange carrier's signalling\n transfer point and the database shall be assigned to the Line Information Database subelement at §\n 69.120(a). All other COE Category 2 shall be assigned to the interexchange category.\n\n (d) COE Category 3 (Local Switching Equipment) shall be assigned to the Local Switching element except as\n provided in paragraph (a) of this section; and that,\n\n (1) For telephone companies subject to price cap regulation set forth in part 61 of this chapter, line-side\n port costs shall be assigned to the Common Line rate element; and\n\n (2) [Reserved]\n\n (3) Beginning July 1, 2012, a non-price cap local exchange carrier shall assign line-side port costs to the\n Common Line rate element equal to the amount of line-side port costs it shifted in its 2011 projected\n Interstate Switched Access Revenue Requirement.\n\n (e) COE Category 4 (Circuit Equipment) shall be apportioned among the interexchange category and the\n Common Line, Transport, and Special Access elements. COE Category 4 shall be apportioned in the same\n proportions as the associated Cable and Wireless Facilities; except that any DS1/voice-grade multiplexer\n investment associated with analog local switches and assigned to the local transport category by this\n section shall be reallocated to the local switching category.\n\n[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992; 58 FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997;\n66 FR 59732, Nov. 30, 2001; 78 FR 26269, May 6, 2013; 81 FR 24345, Apr. 25, 2016]\n\n\n§ 69.307 General support facilities.\n (a) General purpose computer investment used in the provision of the Line Information Database sub-element\n at § 69.120(b) shall be assigned to that sub-element.\n\n (b) General purpose computer investment used in the provision of the billing name and address element at §\n 69.128 shall be assigned to that element.\n\n (c)\n\n (1) Until June 30, 2002, for all local exchange carriers not subject to price cap regulation and for other\n carriers that acquire all of the billing and collection services that they provide to interexchange\n carriers from unregulated affiliates through affiliate transactions, from unaffiliated third parties, or\n from both of these sources, all other General Support Facilities investments shall be apportioned\n among the interexchange category, the billing and collection category, and Common Line, Local\n Switching, Information, Transport, and Special Access elements on the basis of Central Office\n Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities,\n combined.\n\n\n\n47 CFR 69.307(c)(1) (enhanced display) page 47 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.307(c)(2)\nAccess Charges\n\n\n (2) Beginning July 1, 2002, for all local exchange carriers that acquire all of the billing and collection\n services that they provide to interexchange carriers from unregulated affiliates through affiliate\n transactions, from unaffiliated third parties, or from both of these sources, all other General Support\n Facilities investments shall be apportioned among the interexchange category, the billing and\n collection category, and Common Line, Local Switching, Information, Transport, and Special Access\n elements on the basis of Central Office Equipment, Information Origination/Termination Equipment,\n and Cable and Wire Facilities, combined.\n\n (d) For local exchange carriers subject to price cap regulation and not covered by Section 69.307(c), a portion\n of General purpose computer investment (Account 2124), investment in Land (Account 2111), Buildings\n (Account 2121), and Office equipment (Account 2123) shall be apportioned to the billing and collection\n category on the basis of the Big Three Expense Factors allocator, defined in Section 69.2 of this Part,\n modified to exclude expenses that are apportioned on the basis of allocators that include General Support\n Facilities investment. The remaining portion of investment in these four accounts together with all other\n General Support Facilities investments shall be apportioned among the interexchange category, the billing\n and collection category, and Common Line, Local Switching, Information, Transport, and Special Access\n Elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and\n Cable and Wire Facilities, combined.\n\n (e) Beginning July 1, 2002, for non-price cap local exchange carriers not covered by § 69.307(c)(2), a portion\n of General purpose computer investment shall be apportioned to the billing and collection category on the\n basis of the Big Three Expense Factors allocator, defined in § 69.2, modified to exclude expenses that are\n apportioned on the basis of allocators that include General Support Facilities investment. The remaining\n General Support Facilities investments shall be apportioned among the interexchange category, the billing\n and collection category, and Common Line, Local Switching, Information, Transport, and Special Access\n Elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and\n Cable and Wire Facilities, combined.\n\n[58 FR 30995, May 28, 1993, as amended at 58 FR 36145, July 6, 1993; 62 FR 31939, June 11, 1997; 62 FR 40464, July 29, 1997;\n62 FR 65622, Dec. 15, 1997; 66 FR 59732, Nov. 30, 2001]\n\n\n§ 69.308 [Reserved]\n§ 69.309 Other investment.\nInvestment that is not apportioned pursuant to §§ 69.302 through 69.307 shall be apportioned among the\ninterexchange category, the billing and collection category and access elements in the same proportions as the\ncombined investment that is apportioned pursuant to §§ 69.303 through 69.307.\n\n[62 FR 31939, June 11, 1997]\n\n\n§ 69.310 Capital leases.\nCapital Leases in Account 2680 shall be directly assigned to the appropriate interexchange category or access\nelements consistent with the treatment prescribed for similar plant costs or shall be apportioned in the same\nmanner as Account 2001.\n\n\n\n\n47 CFR 69.310 (enhanced display) page 48 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.311\nAccess Charges\n\n\n§ 69.311 Consumer Broadband-Only Loop investment.\n (a) Each non-price cap local exchange carrier shall remove consumer broadband-only loop investment\n assigned to the special access category by §§ 69.301 through 69.310 from the special access category\n and assign it to the Consumer Broadband-Only Loop category when the tariff charge described in §\n 69.132 of this part becomes effective.\n\n (b) Until June 30, 2018, the consumer broadband-only loop investment to be removed from the special\n access category shall be determined using the following estimation method.\n\n (1) To determine the investment in Common Line facilities as if 100 percent were allocated to the\n interstate jurisdiction, a carrier shall use 100 percent as the interstate allocator in determining\n investment and the allocation of investment to the common line category under part 36 of this\n chapter and this part.\n\n (2) The result of paragraph (b)(1) of this section shall be divided by the number of voice and voice/data\n lines in the study area to produce an average investment per line.\n\n (3) The average investment per line determined by paragraph (b)(2) of this section shall be multiplied by\n the number of Consumer Broadband-only Loops in the study area to derive the investment to be\n shifted from the Special Access category to the Consumer Broadband-only Loop category.\n\n (c) Beginning July 1, 2018, each carrier shall determine, consistent with the Part 36 and Part 69 cost\n allocation rules, the amount of Consumer Broadband-Only Loop investment and related reserves and\n other investment assigned to the interstate Special Access category that is to be shifted to the Consumer\n Broadband-Only Loop category.\n\n[81 FR 24345, Apr. 25, 2016, as amended at 82 FR 14340, Mar. 20, 2017; 83 FR 14189, Apr. 3, 2018]\n\n\nSubpart E—Apportionment of Expenses\n\nSource: 52 FR 37313, Oct. 6, 1987, unless otherwise noted.\n\n\n\n§ 69.401 Direct expenses.\n (a) Plant Specific Operations Expenses in Accounts 6110 and 6120 shall be apportioned among the\n interexchange category, the billing and collection category and appropriate access elements on the\n following basis:\n\n (1) Account 6110—Apportion on the basis of other investment apportioned pursuant to § 69.309.\n\n (2) Account 6120—Apportion on the basis of General and Support Facilities investment pursuant to §\n 69.307.\n\n (b) Plant Specific Operations Expenses in Accounts 6210, 6220, and 6230, shall be apportioned among the\n interexchange category and access elements on the basis of the apportionment of the investment in\n Accounts 2210, 2220, and 2230, respectively; provided that any expenses associated with DS1/voice-\n grade multiplexers, to the extent that they are not associated with an analog tandem switch, assigned to\n the local transport category by this paragraph shall be reallocated to the local switching category;\n provided further that any expenses associated with common channel signalling included in Account 6210\n shall be assigned to the local transport category.\n\n47 CFR 69.401(b) (enhanced display) page 49 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.401(c)\nAccess Charges\n\n\n (c) Plant Specific Operations Expenses in Accounts 6310 and 6410 shall be assigned to the appropriate\n investment category and shall be apportioned among the interexchange category and access elements in\n the same proportions as the total associated investment.\n\n (d) Plant Non Specific Operations Expenses in Accounts 6510 and 6530 shall be apportioned among the\n interchange category, the billing and collection category, and access elements in the same proportions as\n the combined investment in COE, IOT, and C&WF apportioned to each element and category.\n\n (e) Plant Non Specific Operations Expenses in Account 6540 shall be assigned to the interexchange category.\n\n (f) Plant Non Specific Operations Expenses in Account 6560 shall be apportioned among the interexchange\n category, the billing and collection category, and access elements in the same proportion as the\n associated investment.\n\n (g) Amortization of embedded customer premises wiring investment shall be deemed to be associated with §\n 69.303(b) IOT investment for purposes of the apportionment described in paragraph (c) of this section.\n\n[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]\n\n\n§ 69.402 Operating taxes (Account 7200).\n (a) Federal income taxes, state and local income taxes, and state and local gross receipts or gross earnings\n taxes that are collected in lieu of a corporate income tax shall be apportioned among the interexchange\n category, the billing and collection category and all access elements based on the approximate net\n taxable income on which the tax is levied (positive or negative) applicable to each element and category.\n\n (b) All other operating taxes shall be apportioned among the interexchange category, the billing and collection\n category and all access elements in the same manner as the investment apportioned to each element\n and category pursuant to § 69.309 Other Investment.\n\n§ 69.403 Marketing expense (Account 6610).\nMarketing expense shall be apportioned among the interexchange category and all access elements in the same\nproportions as the combined investment that is apportioned pursuant to § 69.309.\n\n§ 69.404 Telephone operator services expenses in Account 6620.\nTelephone Operator Services expenses shall be apportioned among the interexchange category, and the Local\nSwitching and Information elements based on the relative number of weighted standard work seconds. For those\ncompanies who contract with another company for the provision of these services, the expenses incurred shall be\ndirectly assigned among the interexchange category and the Local Switching and Information elements on the\nbasis of the bill rendered for the services provided.\n\n§ 69.405 Published directory expenses in Account 6620.\nPublished Directory expenses shall be assigned to the Information element.\n\n§ 69.406 Local business office expenses in Account 6620.\n (a) Local business office expenses shall be assigned as follows:\n\n\n\n\n47 CFR 69.406(a) (enhanced display) page 50 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.406(a)(1)\nAccess Charges\n\n\n (1) End user service order processing expenses attributable to presubscription shall be apportioned\n among the Common Line, Switching, and Transport elements in the same proportion as the\n investment apportioned to those elements pursuant to § 69.309.\n\n (2) End user service order processing, payment and collection, and billing inquiry expenses attributable\n to the company's own interstate private line and special access service shall be assigned to the\n Special Access element.\n\n (3) End user service order processing, payment and collection, and billing inquiry expenses attributable\n to interstate private line service offered by an interexhange carrier shall be assigned to the billing\n and collection category.\n\n (4) End user service order processing, payment and collection, and billing inquiry expenses attributable\n to the company's own interstate message toll service shall be assigned to the interexchange\n category. End user service order processing, payment and collection, and billing inquiry expenses\n attributable to interstate message toll service offered by an interexchange carrier shall be assigned\n to the billing and collection category. End user payment and collection and billing inquiry expenses\n attributable to End User Common Line access billing shall be assigned to the Common Line element.\n\n (5) End user service order processing, payment and collection, and billing inquiry expenses attributable\n to TWX service shall be assigned to the Special Access element.\n\n (6) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses\n attributable to private lines and special access shall be assigned to the Special Access element.\n\n (7) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses\n attributable to interstate switched access and message toll, shall be apportioned among the\n Common Line, Local Switching and Transport elements in the same proportion as the investment\n apportioned to those elements pursuant to § 69.309.\n\n (8) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses\n attributable to billing and collection service shall be assigned to the billing and collection category.\n\n[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]\n\n\n§ 69.407 Revenue accounting expenses in Account 6620.\n (a) Revenue accounting expenses that are attributable to End User Common Line access billings shall be\n assigned to the Common Line element.\n\n (b) Revenue Accounting Expenses that are attributable to carrier's carrier access billing and collecting\n expense shall be apportioned among all carrier's carrier access elements except the Common Line\n element. Such expenses shall be apportioned in the same proportion as the combined investment in COE,\n C&WF and IOT apportioned to those elements.\n\n (c) Revenue Accounting Expenses allocated to the interstate jurisdiction that are attributable to the provision\n of billing name and address information shall be assigned to the Billing Name and Address element.\n\n (d) All other Revenue Accounting Expenses shall be assigned to the billing and collection category.\n\n[52 FR 37313, Oct. 6, 1987, as amended at 58 FR 65671, Dec. 16, 1993]\n\n\n\n\n47 CFR 69.407(d) (enhanced display) page 51 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.408\nAccess Charges\n\n\n§ 69.408 All other customer services expenses in Account 6620.\nAll other customer services expenses shall be apportioned among the Interexchange category, the billing and\ncollection category and all access elements based on the combined expenses in §§ 69.404 through 69.407.\n\n[52 FR 37313, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989]\n\n\n§ 69.409 Corporate operations expenses (included in Account 6720).\nAll corporate operations expenses shall be apportioned among the interexchange category, the billing and collection\ncategory and all access elements in accordance with the Big 3 Expense Factor as defined in § 69.2(f).\n\n§ 69.411 Other expenses.\nExcept as provided in §§ 69.412, 69.413, and 69.414, expenses that are not apportioned pursuant to §§ 69.401\nthrough 69.409 shall be apportioned among the interexchange category and all access elements in the same\nmanner as § 69.309 Other investment.\n\n[62 FR 31639, June 11, 1997]\n\n\n§ 69.412 Non participating company payments/receipts.\nFor telephone companies that are not association Common Line tariff participants, the payment or receipt of funds\ndescribed in § 69.612(a) and (b) shall be apportioned, respectively, as an addition to or a deduction from their\ncommon line revenue requirement.\n\n§ 69.413 High cost loop support universal service fund expenses.\nBeginning April 1, 1989, expenses allocated to the interstate jurisdiction pursuant to §§ 54.1310 and 36.641 of this\nchapter shall be assigned to the Universal Service Fund Element.\n\n[79 FR 39193, July 9, 2014]\n\n\n§ 69.414 Lifeline assistance expenses.\nExpenses allocated to the interstate jurisdiction pursuant to § 36.741 shall be assigned to the Carrier Common Line\nelement until March 31, 1989. Beginning April 1, 1989, such expenses shall be assigned to the Lifeline Assistance\nelement.\n\n§ 69.415 Reallocation of certain transport expenses.\n (a)–(c) [Reserved]\n\n (d) Beginning July 1, 2012, the amount of the Transport Interconnection Charges to be reallocated to each\n category shall be equal to the amount of Transport Interconnection Charge costs the non-price cap local\n exchange carrier was projected to shift to each category in projecting its 2011 Interstate Switched Access\n Revenue Requirement.\n\n[66 FR 59733, Nov. 30, 2001, as amended at 78 FR 5750, Jan. 28, 2013; 78 FR 26269, May 6, 2013; 81 FR 24346, Apr. 25, 2016]\n\n\n\n47 CFR 69.415(d) (enhanced display) page 52 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.416\nAccess Charges\n\n\n§ 69.416 Consumer Broadband-Only Loop expenses.\n (a) Each non-price cap local exchange carrier shall remove consumer broadband-only loop expenses\n assigned to the Special Access category by §§ 69.401 through 69.415 from the special access category\n and assign them to the Consumer Broadband-Only Loop category when the tariff charge described in §\n 69.132 of this Part becomes effective.\n\n (b) Until June 30, 2018, the consumer broadband-only loop expenses to be removed from the special access\n category shall be determined using the following estimation method.\n\n (1) The expenses assigned to the Common Line category as if the common line expenses were 100\n percent interstate shall be determined using the methodology employed in § 69.311(b)(1).\n\n (2) The result of paragraph (b)(1) of this section shall be divided by the number of voice and voice/data\n lines in the study area to produce an average expense per line.\n\n (3) The average expense per line determined by paragraph (b)(2) of this section shall be multiplied by\n the number of Consumer Broadband-only Loops in the study area to derive the expenses to be\n shifted from the Special Access category to the Consumer Broadband-only Loop category.\n\n (c) Beginning July 1, 2018, each carrier shall determine, consistent with the Part 36 and Part 69 cost\n allocation rules, the amount of Consumer Broadband-Only Loop expenses assigned to the interstate\n Special Access category that are to be shifted to the Consumer Broadband-Only Loop category.\n\n[81 FR 24346, Apr. 25, 2016, as amended at 83 FR 14189, Apr. 3, 2018]\n\n\nSubpart F—Segregation of Common Line Element Revenue Requirement\n§ 69.501 General.\n (a) [Reserved]\n\n (b) Until December 31, 2001, any portion of the Common Line element annual revenue requirement that is\n attributable to CPE investment or expense or surrogate CPE investment or expense shall be assigned to\n the Carrier Common Line element or elements.\n\n (c) Until December 31, 2001, any portion of the Common Line element annual revenue requirement that is\n attributable to customer premises wiring included in IOT investment or expense shall be assigned to the\n Carrier Common Line element or elements.\n\n (d) [Reserved]\n\n (e) Until December 31, 2001, any portion of the Common Line element revenue requirement that is not\n assigned to Carrier Common Line elements pursuant to paragraphs (b) and (c) of this section shall be\n apportioned between End User Common Line and Carrier Common Line pursuant to § 69.502. Such\n portion of the Common Line element annual revenue requirement shall be described as the base factor\n portion for purposes of this subpart.\n\n (f) Beginning January 1, 2002, the Common Line element revenue requirement shall be apportioned between\n End User Common Line and Carrier Common Line pursuant to § 69.502. The Common Line element\n annual revenue requirement shall be described as the base factor portion for purposes of this subpart.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 18262, Apr. 30, 1985; 52 FR 21542, June 8, 1987; 52 FR 37314, Oct. 6, 1987; 61\nFR 65364, Dec. 12, 1996; 62 FR 31939, June 11, 1997; 66 FR 59733, Nov. 30, 2001]\n47 CFR 69.501(f) (enhanced display) page 53 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.502\nAccess Charges\n\n\n§ 69.502 Base factor allocation.\nProjected revenues from the following shall be deducted from the base factor portion to determine the amount that\nis assigned to the Carrier Common Line element:\n\n (a) End User Common Line charges, less any marketing expense revenues recovered through end user\n common line charges pursuant to § 69.156;\n\n (b) Special Access surcharges; and\n\n (c) Beginning July 1, 2002, the portion of per-line support that carriers receive pursuant to § 54.901 of this\n chapter; and\n\n (d) Line port costs in excess of basic analog service pursuant to § 69.130.\n\n[62 FR 31939, June 11, 1997, as amended at 62 FR 40464, July 29, 1997; 66 FR 59733, Nov. 30, 2001; 78 FR 5750, Jan. 28, 2013]\n\n\nSubpart G—Exchange Carrier Association\n§ 69.601 Exchange carrier association.\n (a) An association shall be established in order to prepare and file access charge tariffs on behalf of all\n telephone companies that do not file separate tariffs or concur in a joint access tariff of another\n telephone company for all access elements.\n\n (b) All telephone companies that participate in the distribution of Carrier Common Line revenue requirement,\n pay long term support to association Common Line tariff participants, or receive payments from the\n transitional support fund administered by the association shall be deemed to be members of the\n association.\n\n (c) All data submissions to the association required by this title shall be accompanied by the following\n certification statement signed by the officer or employee responsible for the overall preparation for the\n data submission:\n\n\n Certification\n I am (title of certifying officer or employee). I hereby certify that I have overall responsibility for the preparation\n of all data in the attached data submission for (name of carrier) and that I am authorized to execute this\n certification. Based on information known to me or provided to me by employees responsible for the\n preparation of the data in this submission, I hereby certify that the data have been examined and reviewed and\n are complete, accurate, and consistent with the rules of the Federal Communications Commission.\n\n Date:\n\n Name:\n\n Title:\n\n (Persons making willful false statements in this data submission can be punished by fine or imprisonment\n under the provisions of the U.S. Code, Title 18, Section 1001).\n\n\n47 CFR 69.601(c) (enhanced display) page 54 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.602\nAccess Charges\n\n\n[48 FR 10358, Mar. 11, 1983, as amended at 52 FR 21542, June 8, 1987; 60 FR 19530, Apr. 19, 1995]\n\n\n§ 69.602 Board of directors.\n (a) For purposes of this section, the association membership shall be divided into three subsets:\n\n (1) The first subset shall consist of the telephone companies owned and operated by the seven Regional\n Bell Holding Companies;\n\n (2) The second subset shall consist of all other telephone companies with annual operating revenues in\n excess of forty million dollars;\n\n (3) The third subset shall consist of all other telephone companies. All commonly controlled companies\n shall be deemed to be one company for purposes of this section.\n\n (b) There shall be fifteen directors of the association.\n\n (c) Two directors shall represent the first subset, two directors shall represent the second subset, six\n directors shall represent the third subset, and five directors shall represent all three subsets.\n\n (d) No director who represents all three subsets shall be a current or former officer or employee of the\n association or of any association member, or have a business relationship or other interest that could\n interfere with his or her exercise of independent judgment.\n\n (e) Each subset of the association membership shall select the directors who will represent it through\n elections in which each member of the subset shall be entitled to one vote for each director position\n within that subset.\n\n (f) The association membership shall select the directors who will represent all three subsets through an\n election in which each member of the association shall be entitled to one vote for each director position.\n No director representing all three subsets may serve for more than six consecutive calendar years without\n standing for an election in which that director is opposed by at least one other candidate meeting the\n qualifications in paragraph (d) of this section.\n\n (g) At least one director representing all three subsets shall be a member of each committee of association\n directors.\n\n (h) For each access element or group of access elements for which voluntary pooling is permitted, there shall\n be a committee that is responsible for the preparation of charges for the associated access elements that\n comply with all applicable sections in this part.\n\n[60 FR 19530, Apr. 19, 1995, as amended at 68 FR 46502, Aug. 6, 2003]\n\n\n§ 69.603 Association functions.\n (a) The Association shall not engage in any activity that is not related to the preparation of access charge\n tariffs or the collection and distribution of access charge revenues or the operation of a billing and\n collection pool on an untariffed basis unless such activity is expressly authorized by order of the\n Commission.\n\n (b) Participation in Commission or court proceedings relating to access charge tariffs, the billing and\n collection of access charges, the distribution of access charge revenues, or the operation of a billing and\n collection pool on an untariffed basis shall be deemed to be authorized association activities.\n\n\n47 CFR 69.603(b) (enhanced display) page 55 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.603(c)\nAccess Charges\n\n\n (c)–(e) [Reserved]\n\n (f) The association shall also prepare and file an access charge tariff containing terms and conditions for\n access service and form for the filing of rate schedules by telephone companies that choose to reference\n these terms and conditions while filing their own access rates.\n\n (g) The association shall divide the expenses of its operations into two categories. The first category\n (“Category I Expenses”) shall consist of those expenses that are associated with the preparation, defense,\n and modification of association tariffs, those expenses that are associated with the administration of\n pooled receipts and distributions of exchange carrier revenues resulting from association tariffs, those\n expenses that are associated with association functions pursuant to paragraphs (c) through (g) of this\n section, and those expenses that pertain to Commission proceedings involving this subpart. The second\n category (“Category II Expenses”) shall consist of all other association expenses. Category I Expenses\n shall be sub-divided into three components in proportion to the revenues associated with each\n component. The first component (“Category I.A Expenses”) shall be in proportion to High Cost Loop\n Support revenues. The second component (“Category I.B Expenses”) shall be in proportion to the sum of\n the association End User Common Line revenues and the association Special Access Surcharge\n revenues. Interstate Common Line Support Revenues and Connect America Fund Broadband Loop\n Support revenues shall be included in the allocation base for Category I.B expenses. The third component\n (“Category I.C Expenses”) shall be in proportion to the revenues from all other association interstate\n access charges.\n\n (h)\n\n (1) The revenue requirement for association tariffs filed pursuant to § 69.4(c) shall not include any\n association expenses other than Category I.A Expenses.\n\n (2) The revenue requirement for association tariffs filed pursuant to § 69.4 (a) and (b)(2) shall not\n include any Association expenses other than Category I.B Expenses.\n\n (3) The revenue requirement for association tariffs filed pursuant to § 69.4(b) (1) and (3)–(7) shall not\n include any association expenses other than Category I.C Expenses.\n\n (4) No distribution to an exchange carrier of High Cost Loop Support revenues shall include adjustments\n for association expenses other than Category I.A. Expenses.\n\n (5) No distribution to an exchange carrier of revenues from association End User Common Line charges\n shall include adjustments for association expenses other than Category I.B Expenses. Interstate\n Common Line Support and Connect America Fund Broadband Loop Support shall be subject to this\n provision.\n\n (6) No distribution to an exchange carrier of revenues from association interstate access charges other\n than End User Common Line charges and Special Access Surcharges shall include adjustments for\n association expenses other than Category I.C Expenses.\n\n (7) The association shall separately identify all Category I.A, I.B and I.C expenses in cost support\n materials filed with each annual association access tariff filing.\n\n[54 FR 8197, Feb. 27, 1989, as amended at 54 FR 8199, Feb. 27, 1989; 62 FR 41306, Aug. 1, 1997; 63 FR 70578, Dec. 21, 1998; 66\nFR 59733, Nov. 30, 2001; 81 FR 24346, Apr. 25, 2016]\n\n\n\n\n47 CFR 69.603(h)(7) (enhanced display) page 56 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.604\nAccess Charges\n\n\n§ 69.604 Billing and collection of access charges.\n (a) Telephone companies shall bill and collect all access charges except those charges specified in §§\n 69.116 and 69.117.\n\n (b) All access charges shall be billed monthly.\n\n[51 FR 9012, Mar. 17, 1986, as amended at 52 FR 21543, June 8, 1987]\n\n\n§ 69.605 Reporting and distribution of pool access revenues.\n (a) Access revenues and cost data shall be reported by participants in association tariffs to the association\n for computation of monthly pool revenues distributions in accordance with this subpart.\n\n (b) Association expenses incurred during the month that are allowable access charge expenses shall be\n reimbursed before any other funds are disbursed.\n\n (c) Except as provided in paragraph (b) of this section, payments to average schedule companies that are\n computed in accordance with § 69.606 shall be disbursed before any other funds are disbursed. For\n purposes of this part, a telephone company that was participating in average schedule settlements on\n December 1, 1982, shall be deemed to be an average schedule company except that any company that\n does not join in association tariffs for all access elements shall not be deemed to be an average schedule\n company.\n\n (d) The residue shall be disbursed to telephone companies that are not average schedule companies in\n accordance with §§ 69.607 through 69.610.\n\n (e) The association shall submit a report on or before February 1 of each calendar year describing the\n association's cost study review process for the preceding calendar year as well as the results of that\n process. For any revisions to cost study results made or recommended by the association that would\n change the respective carrier's calculated annual common line or traffic sensitive revenue requirement by\n ten percent or more, the report shall include the following information:\n\n (1) The name of the carrier;\n\n (2) A detailed description of the revisions;\n\n (3) The amount of the revisions;\n\n (4) The impact of the revisions on the carrier's calculated common line and traffic sensitive revenue\n requirements; and\n\n (5) The carrier's total annual common line and traffic sensitive revenue requirement.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 17027, May 8, 1986; 52 FR 21543, June 8, 1987; 54 FR 11537, Mar. 21, 1989;\n60 FR 19530, Apr. 19, 1995]\n\n\n§ 69.606 Computation of average schedule company payments.\n (a) Payments shall be made in accordance with a formula approved or modified by the Commission. Such\n formula shall be designed to produce disbursements to an average schedule company that simulate the\n disbursements that would be received pursuant to § 69.607 by a company that is representative of\n average schedule companies.\n\n\n47 CFR 69.606(a) (enhanced display) page 57 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.606(b)\nAccess Charges\n\n\n (b) The association shall submit a proposed revision of the formula for each annual period subsequent to\n December 31, 1986, or certify that a majority of the directors of the association believe that no revisions\n are warranted for such period on or before December 31 of the preceding year.\n\n(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 553)\n\n[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 41356, Oct. 10, 1985; 55 FR 6990, Feb. 28, 1990]\n\n\n§ 69.607 Disbursement of Carrier Common Line residue.\n (a) The association shall compute a monthly net balance for each member telephone company that is not an\n average schedule company. If such a company has a negative net balance, the association shall bill that\n amount to such company. If such a company has a positive net balance, the association shall disburse\n that amount to such company.\n\n (b) The net balance for such a company shall be computed by multiplying a hypothetical net balance for such\n a company by a factor that is computed by dividing the Carrier Common Line residue by the sum of the\n hypothetical net balances for such companies.\n\n (c) The hypothetical net balance for each company shall be the sum of the hypothetical net balances for each\n access element. Such hypothetical net balances shall be computed in accordance with §§ 69.608 to\n 69.610.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]\n\n\n§ 69.608 Carrier Common Line hypothetical net balance.\nThe hypothetical net balance shall be equal to a Carrier Common Line revenue requirement for each such company\nthat is computed in accordance with subpart F of this part.\n\n§ 69.609 End User Common Line hypothetical net balances.\n (a) If the company does not participate in the association tariff for such element, the hypothetical net balance\n shall be zero.\n\n (b) If the company does participate in the association tariff for such element, the hypothetical net balance\n shall be computed by multiplying an amount that is computed by deducting access revenues collected by\n such company for such element from an End User Common Line revenue requirement for such company\n that is computed in accordance with subpart F of this part by a factor that is computed by dividing access\n revenues collected by all such companies for such element by an End User Common Line revenue\n requirement for all such companies that is computed in accordance with subpart F of this part. For\n purposes of this calculation, access revenues collected shall include any revenues foregone because of a\n voluntary reduction made pursuant to § 69.104(r)(7).\n\n[48 FR 10358, Mar. 11, 1983, as amended at 66 FR 59733, Nov. 30, 2001]\n\n\n§ 69.610 Other hypothetical net balances.\n (a) The hypothetical net balance for an access element other than a Common Line element shall be\n computed as provided in this section.\n\n\n47 CFR 69.610(a) (enhanced display) page 58 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.610(b)\nAccess Charges\n\n\n (b) If the company does not participate in the association tariff for such element, the hypothetical net balance\n shall be zero.\n\n (c) If the company does participate in the association tariff for such element, the hypothetical net balance\n shall be computed by deducting access revenues collected for such element from the sum of expense\n attributable to such element and the element residue apportioned to such company. The element residue\n shall be apportioned among such companies in the same proportions as the net investment attributable\n to such element.\n\n (d) The element residue shall be computed by deducting expenses of all participating companies attributable\n to such element from revenues collected by all participating companies for such element.\n\n[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]\n\n\nSubpart H—Pricing Flexibility\n\nSource: 64 FR 51267, Sept. 22, 1999, unless otherwise noted.\n\n\n\n§ 69.701 Application of the rules in this subpart.\nThe rules in this subpart apply to all incumbent LECs subject to price cap regulation, as defined in § 61.3(bb) of this\nchapter, seeking pricing flexibility on the basis of the development of competition in parts of its service area for\nswitched access services only.\n\n[82 FR 25711, June 2, 2017]\n\n\n§ 69.703 Definitions.\nFor purposes of this subpart:\n\n (a) Channel terminations.\n\n (1) A channel termination between an IXC POP and a serving wire center is a dedicated channel\n connecting an IXC POP and a serving wire center, offered for purposes of carrying special access\n traffic.\n\n (2) A channel termination between a LEC end office and a customer premises is a dedicated channel\n connecting a LEC end office and a customer premises, offered for purposes of carrying special\n access traffic.\n\n (b) Metropolitan Statistical Area (MSA). This term shall have the definition provided in § 22.909(a) of this\n chapter.\n\n (c) Interexchange Carrier Point of Presence (IXC POP). The point of interconnection between an\n interexchange carrier's network and a local exchange carrier's network.\n\n (d) Wire center. For purposes of this subpart, the term “wire center” shall refer to any location at which an\n incumbent LEC is required to provide expanded interconnection for special access pursuant to §\n 64.1401(a) of this chapter, and any location at which an incumbent LEC is required to provide expanded\n interconnection for switched transport pursuant to § 64.1401(b)(1) of this chapter.\n\n\n47 CFR 69.703(d) (enhanced display) page 59 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.703(e)\nAccess Charges\n\n\n (e) Study area. A common carrier's entire service area within a state.\n\n§ 69.705 Procedure.\nPrice cap LECs filing petitions for pricing flexibility shall follow the procedures set forth in § 1.774 of this chapter.\n\n§ 69.707 Geographic scope of petition.\n (a) MSA.\n\n (1) A price cap LEC filing a petition for pricing flexibility in an MSA shall include data sufficient to support\n its petition, as set forth in this subpart, disaggregated by MSA.\n\n (2) A price cap LEC may request pricing flexibility for two or more MSAs in a single petition, provided\n that it submits supporting data disaggregated by MSA.\n\n (b) Non-MSA.\n\n (1) A price cap LEC will receive pricing flexibility with respect to those parts of a study area that fall\n outside of any MSA, provided that it provides data sufficient to support a finding that competitors\n have collocated in a number of wire centers in that non-MSA region sufficient to satisfy the criteria\n for the pricing flexibility sought in the petition, as set forth in this subpart, if the region at issue were\n an MSA.\n\n (2) The petitioner may aggregate data for all the non-MSA regions in a single study area for which it\n requests pricing flexibility in its petition.\n\n (3) A petitioner may request pricing flexibility in the non-MSA regions of two or more of its study areas,\n provided that it submits supporting data disaggregated by study area.\n\n§ 69.709 Dedicated transport and special access services other than channel terminations\nbetween LEC end offices and customer premises.\n (a) Scope. This paragraph governs requests for pricing flexibility with respect to the following services:\n\n (1) Entrance facilities, as described in § 69.110.\n\n (2) Transport of traffic over dedicated transport facilities between the serving wire center and the\n tandem switching office, as described in § 69.111(a)(2)(iii).\n\n (3) Direct-trunked transport, as described in § 69.112.\n\n (4) Special access services, as described in § 69.114, other than channel terminations as defined in §\n 69.703(a)(2) of this part.\n\n (b) Phase I triggers. To obtain Phase I pricing flexibility, as specified in § 69.727(a) of this part, for the\n services described in paragraph (a) of this section, a price cap LEC must show that, in the relevant area as\n described in § 69.707 of this part, competitors unaffiliated with the price cap LEC have collocated:\n\n (1) In fifteen percent of the petitioner's wire centers, and that at least one such collocator in each wire\n center is using transport facilities owned by a transport provider other than the price cap LEC to\n transport traffic from that wire center; or\n\n\n\n\n47 CFR 69.709(b)(1) (enhanced display) page 60 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.709(b)(2)\nAccess Charges\n\n\n (2) In wire centers accounting for 30 percent of the petitioner's revenues from dedicated transport and\n special access services other than channel terminations between LEC end offices and customer\n premises, determined as specified in § 69.725 of this part, and that at least one such collocator in\n each wire center is using transport facilities owned by a transport provider other than the price cap\n LEC to transport traffic from that wire center.\n\n (c) Phase II triggers. To obtain Phase II pricing flexibility, as specified in § 69.727(b) of this part, for the\n services described in paragraph (a) of this section, a price cap LEC must show that, in the relevant area as\n described in § 69.707 of this part, competitors unaffiliated with the price cap LEC have collocated:\n\n (1) in 50 percent of the petitioner's wire centers, and that at least one such collocator in each wire center\n is using transport facilities owned by a transport provider other than the price cap LEC to transport\n traffic from that wire center; or\n\n (2) in wire centers accounting for 65 percent of the petitioner's revenues from dedicated transport and\n special access services other than channel terminations between LEC end offices and customer\n premises, determined as specified in § 69.725 of this part, and that at least one such collocator in\n each wire center is using transport facilities owned by a transport provider other than the price cap\n LEC to transport traffic from that wire center.\n\n§ 69.711 Channel terminations between LEC end offices and customer premises.\n (a) Scope. This paragraph governs requests for pricing flexibility with respect to channel terminations\n between LEC end offices and customer premises.\n\n (b) Phase I triggers. To obtain Phase I pricing flexibility, as specified in § 69.727(a) of this part, for channel\n terminations between LEC end offices and customer premises, a price cap LEC must show that, in the\n relevant area as described in § 69.707 of this part, competitors unaffiliated with the price cap LEC have\n collocated:\n\n (1) In 50 percent of the petitioner's wire centers, and that at least one such collocator in each wire center\n is using transport facilities owned by a transport provider other than the price cap LEC to transport\n traffic from that wire center; or\n\n (2) In wire centers accounting for 65 percent of the petitioner's revenues from channel terminations\n between LEC end offices and customer premises, determined as specified in § 69.725 of this part,\n and that at least one such collocator in each wire center is using transport facilities owned by a\n transport provider other than the price cap LEC to transport traffic from that wire center.\n\n (c) Phase II triggers. To obtain Phase II pricing flexibility, as specified in § 69.727(b) of this part, for channel\n terminations between LEC end offices and customer premises, a price cap LEC must show that, in the\n relevant area as described in § 69.707, competitors unaffiliated with the price cap LEC have collocated:\n\n (1) In 65 percent of the petitioner's wire centers, and that at least one such collocator in each wire center\n is using transport facilities owned by a transport provider other than the price cap LEC to transport\n traffic from that wire center; or\n\n (2) In wire centers accounting for 85 percent of the petitioner's revenues from channel terminations\n between LEC end offices and customer premises, determined as specified in § 69.725, and that at\n least one such collocator in each wire center is using transport facilities owned by a transport\n provider other than the price cap LEC to transport traffic from that wire center.\n\n\n\n47 CFR 69.711(c)(2) (enhanced display) page 61 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.713\nAccess Charges\n\n\n§ 69.713 Common line, traffic-sensitive, and tandem-switched transport services.\n (a) Scope. This paragraph governs requests for pricing flexibility with respect to the following services:\n\n (1) Common line services, as described in §§ 69.152, 69.153, and 69.154.\n\n (2) Services in the traffic-sensitive basket, as described in § 61.42(d)(2) of this chapter.\n\n (3) The traffic-sensitive components of tandem-switched transport services, as described in §§\n 69.111(a)(2)(i) and (ii).\n\n (b) Phase I triggers.\n\n (1) To obtain Phase I pricing flexibility, as specified in § 69.727(a), for the services identified in\n paragraph (a) of this section, a price cap LEC must provide convincing evidence that, in the relevant\n area as described in § 69.707, its unaffiliated competitors, in aggregate, offer service to at least 15\n percent of the price cap LEC's customer locations.\n\n (2) For purposes of the showing required by paragraph (b)(1) of this section, the price cap LEC may not\n rely on service the competitors provide solely by reselling the price cap LEC's services, or provide\n through unbundled network elements as defined in § 51.5 of this chapter, except that the price cap\n LEC may rely on service the competitors provide through the use of the price cap LEC's unbundled\n loops.\n\n (c) [Reserved]\n\n§§ 69.714-69.724 [Reserved]\n§ 69.725 Attribution of revenues to particular wire centers.\nIf a price cap LEC elects to show, in accordance with § 69.709 or § 69.711, that competitors have collocated in wire\ncenters accounting for a certain percentage of revenues from the services at issue, the LEC must make the\nfollowing revenue allocations:\n\n (a) For entrance facilities and channel terminations between an IXC POP and a serving wire center, the\n petitioner shall attribute all the revenue to the serving wire center.\n\n (b) For channel terminations between a LEC end office and a customer premises, the petitioner shall attribute\n all the revenue to the LEC end office.\n\n (c) For any dedicated service routed through multiple wire centers, the petitioner shall attribute 50 percent of\n the revenue to the wire center at each end of the transmission path, unless the petitioner can make a\n convincing case in its petition that some other allocation would be more representative of the extent of\n competitive entry in the MSA or the non-MSA parts of the study area at issue.\n\n§ 69.727 Regulatory relief.\n (a) Phase I relief. Upon satisfaction of the Phase I triggers specified in § 69.709(b), § 69.711(b), or §\n 69.713(b) for an MSA or the non-MSA parts of a study area, a price cap LEC will be granted the following\n regulatory relief in that area for the services specified in § 69.709(a), § 69.711(a), or § 69.713(a),\n respectively:\n\n (1) Volume and term discounts;\n\n (2) Contract tariff authority, provided that\n\n47 CFR 69.727(a)(2) (enhanced display) page 62 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.727(a)(2)(i)\nAccess Charges\n\n\n (i) Contract tariff services are made generally available to all similarly situated customers; and\n\n (ii) The price cap LEC excludes all contract tariff offerings from price cap regulation pursuant to §\n 61.42(f)(1) of this chapter.\n\n (iii) Before the price cap LEC provides a contract tariffed service, under § 69.727(a), to one of its\n long-distance affiliates, as described in section 272 of the Communications Act of 1934, as\n amended, or § 64.1903 of this chapter, the price cap LEC certifies to the Commission that it\n provides service pursuant to that contract tariff to an unaffiliated customer.\n\n (b) Phase II relief. Upon satisfaction of the Phase II triggers specified in § 69.709(c) or § 69.711(c) for an\n MSA or the non-MSA parts of a study area, a price cap LEC will be granted the following regulatory relief\n in that area for the services specified in §§ 69.709(a) or 69.711(a), respectively:\n\n (1) Elimination of the rate structure requirements in subpart B of this part;\n\n (2) Elimination of price cap regulation; and\n\n (3) Filing of tariff revisions on one day's notice, notwithstanding the notice requirements for tariff filings\n specified in § 61.58 of this chapter.\n\n§ 69.729 New services.\n (a) Except for new services subject to paragraph (b) of this section, a price cap LEC may obtain pricing\n flexibility for a new service that has not been incorporated into a price cap basket by demonstrating in its\n pricing flexibility petition that the new service would be properly incorporated into one of the price cap\n baskets and service bands for which the price cap LEC seeks pricing flexibility.\n\n (b) Notwithstanding paragraph (a) of this section, a price cap LEC must demonstrate satisfaction of the\n triggers in § 69.711(b) to be granted pricing flexibility for any new service that falls within the definition of\n a “channel termination between a LEC end office and a customer premises” as specified in § 69.703(a)(2).\n\n§ 69.731 Low-end adjustment mechanism.\n (a) Any price cap LEC obtaining Phase I or Phase II pricing flexibility for any service in any MSA in its service\n region, or for the non-MSA portion of any study area in its service region, shall be prohibited from making\n any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region.\n\n (b) Any affiliate of any price cap LEC obtaining Phase I or Phase II pricing flexibility for any service in any MSA\n in its service region shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii)\n of this chapter in all or part of its service region.\n\nSubpart I—Business Data Services\n\nSource: 82 FR 25711, June 2, 2017, unless otherwise noted.\n\n\n\n§ 69.801 Definitions.\n (a) Business data services. The dedicated point-to-point transmission of data at certain guaranteed speeds\n and service levels using high-capacity connections.\n\n (b) Competitive market test. The competitive market test is defined in § 69.803.\n\n\n47 CFR 69.801(b) (enhanced display) page 63 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.801(c)\nAccess Charges\n\n\n (c) County. A county or county equivalent as defined in § 10.10 of this chapter. County-equivalents include\n parishes, boroughs, independent cities, census areas, the District of Columbia, and various entities in the\n territories.\n\n (d) End user channel termination. A dedicated channel connecting a local exchange carrier end office and a\n customer premises, offered for purposes of carrying special access traffic.\n\n (e) Grandfathered market. A county that does not satisfy the competitive market test set forth in § 69.803 for\n which a price cap local exchange carrier obtained Phase II relief pursuant to § 69.711(c).\n\n (f) Market deemed competitive. A county that satisfies the competitive market test set forth in § 69.803.\n\n (g) Market deemed non-competitive. A county that does not satisfy the competitive market test set forth in §\n 69.803.\n\n (h) Non-disclosure agreement. A non-disclosure agreement is a contract, contractual provision, or tariff\n provision wherein a party agrees not to disclose certain information shared by the other party.\n\n (i) Special access data collection. The special access data collection refers to the data and other information\n the Commission collected from business data services providers and purchasers pursuant to its\n December 18, 2012 Report and Order in WC Docket 05–25.\n\n (j) Transport includes interoffice facilities, channel terminations between the serving wire center and point of\n presence, and all special access services that are described in § 69.114 other than end user channel\n terminations.\n\n§ 69.803 Competitive market test.\n (a) The competitive market test is used to determine which counties served by a price cap local exchange\n carrier, as defined in § 61.3(bb) of this chapter, are deemed competitive and therefore warrant relief from\n price cap regulation and detariffing of DS1 and DS3 end user channel terminations, and certain other\n business data services, sold by such carriers.\n\n (b) Initial test. A county is deemed competitive in the initial competitive market test if:\n\n (1) Either 50 percent of the locations with business data services demand within the county are within\n one half mile of a location served by a competitive provider based on data from the special access\n data collection, or 75 percent of the census blocks within the county are reported to have broadband\n connection availability by a cable operator based on Form 477 data as of December 2016. Lists of\n counties deemed competitive, non-competitive or grandfathered by the initial competitive market\n test are published on the Commission's Web site.\n\n (2) The DS1 and DS3 end user channel terminations sold by price cap local exchange carriers in\n counties deemed competitive are no longer subject to price cap regulation and are detariffed\n according to § 61.201.\n\n (c) Subsequent tests. The results of the initial competitive market test will be updated every three years\n following the effective date of the initial test.\n\n (1) A county will be deemed competitive in a subsequent competitive market test if 75 percent of the\n census blocks within the county are reported to have broadband connection availability by a cable\n operator based on Form 477 data as of the date of the most recent collection.\n\n\n\n\n47 CFR 69.803(c)(1) (enhanced display) page 64 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.803(c)(2)\nAccess Charges\n\n\n (2) No later than three years following the effective date of the previous test, the Wireline Competition\n Bureau will conclude a subsequent test and will publish a revised list of counties deemed\n competitive at the conclusion of the test.\n\n (3) A county deemed competitive in the competitive market test will retain its status in subsequent\n tests.\n\n§ 69.805 Prohibition on certain non-disclosure agreement conditions.\n (a) In markets deemed non-competitive, buyers and sellers of business data services shall not enter into a\n tariff, contract-based tariff, or commercial agreement, including but not limited to master service\n agreement, that contains a non-disclosure agreement as defined in § 69.801(g), that restricts or prohibits\n disclosure of information to the Commission, or requires a prior request or legal compulsion by the\n Commission to effect such disclosure.\n\n (b) Confidential information subject to a protective order as defined in § 0.461 of this chapter in effect as of\n the effective date of a tariff, contract-based tariff, or commercial agreement must be submitted pursuant\n to the terms of that protective order or otherwise pursuant to the Commission's rules regarding\n submission of confidential data in §§ 0.457(d) and 0.459.\n\n§ 69.807 Regulatory relief.\n (a) Price cap local exchange carrier TDM transport, end user channel terminations in markets deemed\n competitive, and end user channel terminations in grandfathered markets for a price cap local exchange\n carrier that was granted Phase II pricing flexibility prior to June 2017, are granted the following regulatory\n relief:\n\n (1) Elimination of the rate structure requirements contained in subpart B of this part;\n\n (2) Elimination of price cap regulation; and\n\n (3) Elimination of tariffing requirements as specified in § 61.201 of this chapter.\n\n (b) Price cap local exchange carrier end user channel terminations in markets deemed non-competitive are\n granted the following regulatory relief:\n\n (1) Ability to offer volume and term discounts;\n\n (2) Ability to enter into contract-based tariffs, provided that:\n\n (i) Contract-based tariff services are made generally available to all similarly situated customers;\n\n (ii) The price cap local exchange carrier excludes all contract-based tariff offerings from price cap\n regulation pursuant to § 61.42(f) of this chapter;\n\n (3) Ability to file tariff revisions on at least one day's notice, notwithstanding the notice requirements for\n tariff filings specified in § 61.58 of this chapter.\n\n (c) A price cap local exchange carrier that was granted Phase II pricing flexibility prior to June 2017 in a\n grandfathered market must retain its business data services rates at levels no higher than those in effect\n as of April 20, 2017, pending the detariffing of those services pursuant to § 61.201 of this chapter.\n\n[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]\n\n\n\n\n47 CFR 69.807(c) (enhanced display) page 65 of 66\n\f47 CFR Part 69 (up to date as of 2/20/2024)\n 47 CFR 69.809\nAccess Charges\n\n\n§ 69.809 Low-end adjustment mechanism.\n (a) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that had\n obtained Phase II pricing flexibility under § 69.709 or § 69.711 for any service in any MSA in its service\n region, or for the non-MSA portion of any study area in its service region, shall be prohibited from making\n any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region.\n\n (b) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that exercises\n the regulatory relief pursuant to § 69.807 in any part of its service region shall be prohibited from making\n any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region.\n\n (c) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that exercises\n the option to use generally accepted accounting principles rather than the uniform system of accounts\n pursuant to § 32.11(g) of this chapter shall be prohibited from making any low-end adjustment pursuant\n to § 61.45(d)(1)(vii) of this chapter in all or part of its service region.\n\n\n\n\n47 CFR 69.809(c) (enhanced display) page 66 of 66\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":40,"cells":{"Content":{"kind":"string","value":"47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter C —Broadcast Radio Services\n\n\n\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 1 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\nPart 76 Multichannel Video and Cable Television Service\n\n\n\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 2 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n Subpart A General\n § 76.1 Purpose.\n § 76.3 Other pertinent rules.\n § 76.5 Definitions.\n § 76.6 General pleading requirements.\n § 76.7 General special relief, waiver, enforcement, complaint, show cause, forfeiture, and\n declaratory ruling procedures.\n § 76.8 Status conference.\n § 76.9 Confidentiality of proprietary information.\n § 76.10 Review.\n § 76.11 Lockbox enforcement.\n Subpart B Registration Statements\n § 76.29 Special temporary authority.\n Subpart C Cable Franchising\n § 76.41 Franchise application process.\n § 76.42 In-kind contributions.\n § 76.43 Mixed-use rule.\n Subpart D Carriage of Television Broadcast Signals\n § 76.51 Major television markets.\n § 76.53 Reference points.\n § 76.54 Significantly viewed signals; method to be followed for special showings.\n § 76.55 Definitions applicable to the must-carry rules.\n § 76.56 Signal carriage obligations.\n § 76.57 Channel positioning.\n § 76.59 Modification of television markets.\n § 76.60 Compensation for carriage.\n § 76.61 Disputes concerning carriage.\n § 76.62 Manner of carriage.\n § 76.64 Retransmission consent.\n § 76.65 Good faith and exclusive retransmission consent complaints.\n § 76.66 Satellite broadcast signal carriage.\n § 76.70 Exemption from input selector switch rules.\n Subpart E Equal Employment Opportunity Requirements\n § 76.71 Scope of application.\n § 76.73 General EEO policy.\n § 76.75 Specific EEO program requirements.\n § 76.77 Reporting requirements and enforcement.\n § 76.79 Records available for public inspection.\n Subpart F Network Non-duplication Protection, Syndicated Exclusivity and Sports\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 3 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n Blackout\n § 76.92 Cable network non-duplication; extent of protection.\n § 76.93 Parties entitled to network non-duplication protection.\n § 76.94 Notification.\n § 76.95 Exceptions.\n § 76.101 Cable syndicated program exclusivity: extent of protection.\n § 76.103 Parties entitled to syndicated exclusivity.\n § 76.105 Notification.\n § 76.106 Exceptions.\n § 76.107 Exclusivity contracts.\n § 76.108 Indemnification contracts.\n § 76.109 Requirements for invocation of protection.\n § 76.110 Substitutions.\n § 76.120 Network non-duplication protection and syndicated exclusivity rules for satellite\n carriers: Definitions.\n § 76.122 Satellite network non-duplication.\n § 76.123 Satellite syndicated program exclusivity.\n § 76.124 Requirements for invocation of protection.\n § 76.125 Indemnification contracts.\n § 76.130 Substitutions.\n Subpart G Cablecasting\n § 76.205 Origination cablecasts by legally qualified candidates for public office; equal\n opportunities.\n § 76.206 Candidate rates.\n § 76.213 Lotteries.\n § 76.225 Commercial limits in children's programs.\n § 76.227 [Reserved]\n Subpart H General Operating Requirements\n § 76.309 Customer service obligations.\n Subpart I [Reserved]\n Subpart J Ownership of Cable Systems\n § 76.501 Cross-ownership.\n § 76.502 Time limits applicable to franchise authority consideration of transfer applications.\n § 76.503 National subscriber limits.\n § 76.504 Limits on carriage of vertically integrated programming.\n § 76.505 Prohibition on buy outs.\n Subpart K Technical Standards\n § 76.601 Performance tests.\n § 76.602 Incorporation by reference.\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 4 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n § 76.605Technical standards.\n § 76.606Closed captioning.\n § 76.607Transmission of commercial advertisements.\n § 76.609Measurements.\n § 76.610Operation in the frequency bands 108–137 MHz and 225–400 MHz—scope of\n application.\n § 76.611 Cable television basic signal leakage performance criteria.\n § 76.612 Cable television frequency separation standards.\n § 76.613 Interference from a multichannel video programming distributor (MVPD).\n § 76.614 Cable television system regular monitoring.\n § 76.616 Operation near certain aeronautical and marine emergency radio frequencies.\n § 76.617 Responsibility for interference.\n §§ 76.618-76.620 [Reserved]\n § 76.630 Compatibility with consumer electronics equipment.\n § 76.640 Support for unidirectional digital cable products on digital cable systems.\n Subpart L Cable Television Access\n § 76.701 Leased access channels.\n § 76.702 Public access.\n Subpart M Cable Inside Wiring\n § 76.800 Definitions.\n § 76.801 Scope.\n § 76.802 Disposition of cable home wiring.\n § 76.804 Disposition of home run wiring.\n § 76.805 Access to molding.\n § 76.806 Pre-termination access to cable home wiring.\n Subpart N Cable Rate Regulation\n § 76.901 Definitions.\n § 76.905 Standards for identification of cable systems subject to effective competition.\n § 76.906 Presumption of effective competition.\n § 76.907 Petition for a determination of effective competition.\n § 76.910 Franchising authority certification.\n § 76.911 Petition for reconsideration of certification.\n § 76.912 Joint certification.\n § 76.913 Assumption of jurisdiction by the Commission.\n § 76.914 Revocation of certification.\n § 76.916 Petition for recertification.\n § 76.917 Notification of certification withdrawal.\n § 76.920 Composition of the basic tier.\n § 76.921 Buy-through of other tiers prohibited.\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 5 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n § 76.922\n Rates for the basic service tier and cable programming services tiers.\n § 76.923\n Rates for equipment and installation used to receive the basic service tier.\n § 76.924\n Allocation to service cost categories.\n § 76.925\n Costs of franchise requirements.\n § 76.930\n Initiation of review of basic cable service and equipment rates.\n § 76.933\n Franchising authority review of basic cable rates and equipment costs.\n § 76.934\n Small systems and small cable companies.\n § 76.935\n Participation of interested parties.\n § 76.936\n Written decision.\n § 76.937\n Burden of proof.\n § 76.938\n Proprietary information.\n § 76.939\n Truthful written statements and responses to requests of franchising authority.\n § 76.940\n Prospective rate reduction.\n § 76.941\n Rate prescription.\n § 76.942\n Refunds.\n § 76.943\n Fines.\n § 76.944\n Commission review of franchising authority decisions on rates for the basic service\n tier and associated equipment.\n § 76.945 Procedures for Commission review of basic service rates.\n § 76.946 Advertising of rates.\n § 76.952 Information to be provided by cable operator on monthly subscriber bills.\n § 76.962 Implementation and certification of compliance.\n § 76.963 Forfeiture.\n § 76.970 Commercial leased access rates.\n § 76.971 Commercial leased access terms and conditions.\n § 76.975 Commercial leased access dispute resolution.\n § 76.977 Minority and educational programming used in lieu of designated commercial leased\n access capacity.\n § 76.980 Charges for customer changes.\n § 76.981 Negative option billing.\n § 76.982 Continuation of rate agreements.\n § 76.983 Discrimination.\n § 76.984 Geographically uniform rate structure.\n § 76.985 Subscriber bill itemization.\n § 76.990 Small cable operators.\n Subpart O Competitive Access to Cable Programming\n § 76.1000 Definitions.\n § 76.1001 Unfair practices generally.\n § 76.1002 Specific unfair practices prohibited.\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 6 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n § 76.1003 Program access proceedings\n § 76.1004 Applicability of program access rules to common carriers and affiliates.\n §§ 76.1005-76.1010 [Reserved]\n Subpart P Competitive Availability of Navigation Devices\n § 76.1200 Definitions.\n § 76.1201 Rights of subscribers to use or attach navigation devices.\n § 76.1202 Availability of navigation devices.\n § 76.1203 Incidence of harm.\n § 76.1204 Availability of equipment performing conditional access or security functions.\n § 76.1205 Availability of interface information.\n § 76.1206 Equipment sale or lease charge subsidy prohibition.\n § 76.1207 Waivers.\n § 76.1208 Sunset of regulations.\n § 76.1209 Theft of service.\n § 76.1210 Effect on other rules.\n Subpart Q Regulation of Carriage Agreements\n § 76.1300 Definitions.\n § 76.1301 Prohibited practices.\n § 76.1302 Carriage agreement proceedings.\n §§ 76.1303-76.1305 [Reserved]\n Subpart R Telecommunications Act Implementation\n § 76.1400 Purpose.\n § 76.1404 Use of cable facilities by local exchange carriers.\n Subpart S Open Video Systems\n § 76.1500 Definitions.\n § 76.1501 Qualifications to be an open video system operator.\n § 76.1502 Certification.\n § 76.1503 Carriage of video programming providers on open video systems.\n § 76.1504 Rates, terms and conditions for carriage on open video systems.\n § 76.1505 Public, educational and governmental access.\n § 76.1506 Carriage of television broadcast signals.\n § 76.1507 Competitive access to satellite cable programming.\n § 76.1508 Network non-duplication.\n § 76.1509 Syndicated program exclusivity.\n § 76.1510 Application of certain Title VI provisions.\n § 76.1511 Fees.\n § 76.1512 Programming information.\n § 76.1513 Open video dispute resolution.\n § 76.1514 Bundling of video and local exchange services.\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 7 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n Subpart T Notices\n § 76.1600 Electronic delivery of notices.\n § 76.1601 Deletion or repositioning of broadcast signals.\n § 76.1602 Customer service—general information.\n § 76.1603 Customer service—rate and service changes.\n § 76.1604 Charges for customer service changes.\n § 76.1607 Principal headend.\n § 76.1608 System technical integration requiring uniform election of must-carry or\n retransmission consent status.\n § 76.1609 Non-duplication and syndicated exclusivity.\n § 76.1610 Change of operational information.\n § 76.1611 Political cable rates and classes of time.\n § 76.1614 Identification of must-carry signals.\n § 76.1615 Sponsorship identification.\n § 76.1616 Contracts with local exchange carriers.\n § 76.1617 Initial must-carry notice.\n § 76.1618 Basic tier availability.\n § 76.1619 Information on subscriber bills.\n § 76.1620 Availability of signals.\n §§ 76.1621-76.1622 [Reserved]\n Subpart U Documents to be Maintained for Inspection\n § 76.1700 Records to be maintained by cable system operators.\n § 76.1701 Political file.\n § 76.1702 Equal employment opportunity.\n § 76.1703 Commercial records on children's programs.\n § 76.1704 Proof-of-performance test data.\n § 76.1705 [Reserved]\n § 76.1706 Signal leakage logs and repair records.\n § 76.1707 Leased access.\n § 76.1708 [Reserved]\n § 76.1709 Availability of signals.\n § 76.1711 Emergency alert system (EAS) tests and activation.\n § 76.1712 Open video system (OVS) requests for carriage.\n § 76.1713 Complaint resolution.\n § 76.1714 Familiarity with FCC rules.\n § 76.1715 Sponsorship identification.\n § 76.1716 Subscriber records and public inspection file.\n § 76.1717 Compliance with technical standards.\n Subpart V Reports and Filings\n\n47 CFR Part 76 (Feb. 20, 2024) (enhanced display) page 8 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR Part 76 (Feb. 20, 2024)\nMultichannel Video and Cable Television Service\n\n\n § 76.1800 Additional reports and filings.\n § 76.1801 Registration statement.\n § 76.1802 Annual employment report.\n § 76.1803 Signal leakage monitoring.\n § 76.1804 Aeronautical frequencies: leakage monitoring (CLI).\n § 76.1805 Alternative rate regulation agreements.\n Subpart W Encoding Rules\n § 76.1901 Applicability.\n § 76.1902 Definitions.\n § 76.1903 Interfaces.\n § 76.1904 Encoding rules for defined business models.\n § 76.1905 Petitions to modify encoding rules for new services within defined business models.\n § 76.1906 Encoding rules for undefined business models.\n § 76.1907 Temporary bona fide trials.\n § 76.1908 Certain practices not prohibited.\n § 76.1909 Redistribution control of unencrypted digital terrestrial broadcast content.\n Subpart X Access to MDUs\n § 76.2000 Exclusive access to multiple dwelling units generally.\n Alphabetical Index\n Part 76\n\n\nPART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION\nSERVICE\nAuthority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340,\n 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571,\n 572, 573.\n\nSource: 37 FR 3278, Feb. 12, 1972, unless otherwise noted.\n\nSubpart A—General\n§ 76.1 Purpose.\nThe rules and regulations set forth in this part provide for the certification of cable television systems and for their\noperation in conformity with standards for carriage of television broadcast signals, program exclusivity,\ncablecasting, access channels, and related matters. The rules and regulations in this part also describe broadcast\ncarriage requirements for cable operators and satellite carriers.\n\n[37 FR 3278, Feb. 12, 1972, as amended at 70 FR 21670, Apr. 27, 2005]\n\n\n\n\n47 CFR 76.1 (enhanced display) page 9 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.3\nMultichannel Video and Cable Television Service\n\n\n§ 76.3 Other pertinent rules.\nOther pertinent provisions of the Commission's rules and regulations relating to Multichannel Video and the Cable\nTelevision Service are included in the following parts of this chapter:\n\n Part 1—Practice and Procedure.\n\n Part 11—Emergency Alert System (EAS).\n\n Part 21—Domestic Public Radio Services (Other Than Maritime Mobile).\n\n Part 63—Extension of Lines and Discontinuance of Service by Carriers.\n\n Part 64—Miscellaneous Rules Relating to Common Carriers.\n\n Part 78—Cable Television Relay Service.\n\n Part 79—Closed Captioning of Video Programming.\n\n Part 91—Industrial Radio Services.\n\n[65 FR 53614, Sept. 5, 2000]\n\n\n§ 76.5 Definitions.\n (a) Cable system or cable television system. A facility consisting of a set of closed transmission paths and\n associated signal generation, reception, and control equipment that is designed to provide cable service\n which includes video programming and which is provided to multiple subscribers within a community, but\n such term does not include:\n\n (1) A facility that services only to retransmit the television signals of one or more television broadcast\n stations;\n\n (2) A facility that serves subscribers without using any public right-of-way;\n\n (3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the\n Communications Act of 1934, as amended, except that such facility shall be considered a cable\n system to the extent such facility is used in the transmission of video programming directly to\n subscribers, unless the extent of such use is solely to provide interactive on-demand services;\n\n (4) An open video system that complies with Section 653 of the Communications Act; or\n\n (5) Any facilities of any electric utility used solely for operating its electric utility systems.\n\n\n Note to paragraph (a): The provisions of subparts D and F of this part shall also apply to all\n facilities defined previously as cable systems on or before April 28, 1985, except those that\n serve subscribers without using any public right-of-way.\n\n\n\n\n47 CFR 76.5(a)(5) (enhanced display) page 10 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Television station; television broadcast station. Any television broadcast station operating on a channel\n regularly assigned to its community by § 73.606 or § 73.622 of this chapter, and any television broadcast\n station licensed by a foreign government: Provided, however, That a television broadcast station licensed\n by a foreign government shall not be entitled to assert a claim to carriage, program exclusivity, or\n retransmission consent authorization pursuant to subpart D or F of this part, but may otherwise be carried\n if consistent with the rules on any service tier. Further provided that a television broadcast station\n operating on channels regularly assigned to its community by both §§ 73.606 and 73.622 of this chapter\n may assert a claim for carriage pursuant to subpart D of this part only for a channel assigned pursuant to\n § 73.606.\n\n (c) Television translator station. A television broadcast translator station as defined in § 74.701 of this\n chapter.\n\n (d) Grade A and Grade B contours. The field intensity contours defined in § 73.683(a) of this chapter.\n\n (e) Specified zone of a television broadcast station. The area extending 56.3 air km (35 air miles) from the\n reference point in the community to which that station is licensed or authorized by the Commission. A list\n of reference points is contained in § 76.53. A television broadcast station that is authorized but not\n operating has a specified zone that terminates eighteen (18) months after the initial grant of its\n construction permit.\n\n (f) Major television market. The specified zone of a commercial television station licensed to a community\n listed in § 76.51, or a combination of such specified zones where more than one community is listed.\n\n (g) Designated community in a major television market. A community listed in § 76.51.\n\n (h) Smaller television market. The specified zone of a commercial television station licensed to a community\n that is not listed in § 76.51.\n\n (i) Significantly viewed. Viewed in over-the-air households as follows:\n\n (1) For a full or partial network station—a share of viewing hours of at least 3 percent (total week hours),\n and a net weekly circulation of at least 25 percent; and\n\n (2) for an independent station—a share of viewing hours of at least 2 percent (total week hours), and a\n net weekly circulation of at least 5 percent. See § 76.54.\n\n\n Note: As used in this paragraph, “share of viewing hours” means the total hours that over-the-\n air television households viewed the subject station during the week, expressed as a\n percentage of the total hours these households viewed all stations during the period, and “net\n weekly circulation” means the number of over-the-air television households that viewed the\n station for 5 minutes or more during the entire week, expressed as a percentage of the total\n over-the-air television households in the survey area.\n\n (j) Full network station. A commercial television broadcast station that generally carries in weekly prime time\n hours 85 percent of the hours of programing offered by one of the three major national television\n networks with which it has a primary affiliation (i.e., right of first refusal or first call).\n\n (k) Partial network station. A commercial television broadcast station that generally carries in prime time\n more than 10 hours of programming per week offered by the three major national television networks, but\n less than the amount specified in paragraph (j) of this section.\n\n47 CFR 76.5(k) (enhanced display) page 11 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(l)\nMultichannel Video and Cable Television Service\n\n\n (l) Independent station. A commercial television broadcast station that generally carries in prime time not\n more than 10 hours of programing per week offered by the three major national television networks.\n\n (m) A network program is any program delivered simultaneously to more than one broadcast station regional\n or national, commercial or noncommercial.\n\n (n) Prime time. The 5-hour period from 6 to 11 p.m., local time, except that in the central time zone the\n relevant period shall be between the hours of 5 and 10 p.m., and in the mountain time zone each station\n shall elect whether the period shall be 6 to 11 p.m. or 5 to 10 p.m.\n\n\n Note: Unless the Commission is notified to the contrary, a station in the mountain time zone shall\n be presumed to have elected the 6 to 11 p.m. period.\n\n (o) Cablecasting. Programming (exclusive of broadcast signals) carried on a cable television system. See\n paragraphs (y), (z) and (aa) (Classes II, III, and IV cable television channels) of this section.\n\n (p) Origination cablecasting. Programing (exclusive of broadcast signals) carried on a cable television system\n over one or more channels and subject to the exclusive control of the cable operator.\n\n (q) Legally qualified candidate.\n\n (1) Any person who:\n\n (i) Has publicly announced his or her intention to run for nomination or office;\n\n (ii) Is qualified under the applicable local, State or Federal law to hold the office for which he or she\n is a candidate; and\n\n (iii) Has met the qualifications set forth in either paragraphs (q)(2), (3) or (4) of this section.\n\n (2) A person seeking election to any public office including that of President or Vice President of the\n United States, or nomination for any public office except that of President or Vice President, by\n means of a primary, general or special election, shall be considered a legally qualified candidate if, in\n addition to meeting the criteria set forth in paragraph (q)(1) of this section, that person:\n\n (i) Has qualified for a place on the ballot, or\n\n (ii) Has publicly committed himself or herself to seeking election by the write-in method and is\n eligible under applicable law to be voted for by sticker, by writing in his or her name on the\n ballot or by other method, and makes a substantial showing that he or she is a bona fide\n candidate for nomination or office.\n\n Persons seeking election to the office of President or Vice President of the United States shall, for\n the purposes of the Communications Act and the rules thereunder, be considered legally qualified\n candidates only in those States or territories (or the District of Columbia) in which they have met the\n requirements set forth in paragraphs (q) (1) and (2) of this rule; except that any such person who has\n met the requirements set forth in paragraphs (q) (1) and (2) in at least 10 States (or nine and the\n District of Columbia) shall be considered a legally qualified candidate for election in all States,\n territories and the District of Columbia for purposes of this Act.\n\n (3) A person seeking nomination to any public office except that of President or Vice President of the\n United States, by means of a convention, caucus or similar procedure, shall be considered a legally\n qualified candidate if, in addition to meeting the requirements set forth in paragraph (q)(1) of this\n\n47 CFR 76.5(q)(3) (enhanced display) page 12 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(q)(4)\nMultichannel Video and Cable Television Service\n\n\n section, that person makes a substantial showing that he or she is a bona fide candidate for such\n nomination; except that no person shall be considered a legally qualified candidate for nomination\n by the means set forth in this paragraph prior to 90 days before the beginning of the convention,\n caucus or similar procedure in which he or she seeks nomination.\n\n (4) A person seeking nomination for the office of President or Vice President of the United States shall,\n for the purposes of the Communications Act and the rules thereunder, be considered a legally\n qualified candidate only in those States or territories (or the District of Columbia) in which, in\n addition meeting the requirements set forth in paragraph (q)(1) of this section.\n\n (i) He or she, or proposed delegates on his or her behalf, have qualified for the primary of\n Presidential preference ballot in that State, territory or the District of Columbia, or\n\n (ii) He or she has made a substantial showing of bona fide candidacy for such nomination in that\n State, territory of the District of Columbia; except that such person meeting the requirements\n set forth in paragraph (q) (1) and (4) in at least 10 States (or nine and the District of Columbia)\n shall be considered a legally qualified candidate for nomination in all States, territories and the\n District of Columbia for purposes of the Act.\n\n (5) The term “substantial showing” of a bona fide candidacy as used in paragraphs (q)(2) through (4) of\n this section means evidence that the person claiming to be a candidate has:\n\n (i) Satisfied the requirements under applicable law to run as a write-in (such as registering,\n collecting signatures, paying fees, etc.); and\n\n (ii) Has engaged to a substantial degree in activities commonly associated with political\n campaigning. Such activities normally would include making campaign speeches, distributing\n campaign literature, issuing press releases, maintaining a campaign committee, establishing\n campaign headquarters (even though the headquarters in some instances might be the\n residence of the candidate or his or her campaign manager), creating a campaign website, and\n using social media for the purpose of promoting or furthering a campaign for public office. Not\n all of the listed activities are necessarily required in each case to demonstrate a substantial\n showing, and there may be activities not listed herein which would contribute to such a\n showing. The creation of a campaign website and the use of social media shall be additional\n indicators of a bona fide candidacy, not determinative factors, and such digital activities must\n be combined with other activities commonly associated with political campaigning that are\n conducted in substantial portions of the relevant geographic area.\n\n (r) Class I cable television channel. A signaling path provided by a cable television system to relay to\n subscriber terminals television broadcast programs that are received off-the-air or are obtained by\n microwave or by direct connection to a television broadcast station.\n\n (s) Class II cable television channel. A signaling path provided by a cable television system to deliver to\n subscriber terminals television signals that are intended for reception by a television broadcast receiver\n without the use of an auxilliary decoding device and which signals are not involved in a broadcast\n transmission path.\n\n (t) Class III cable television channel. A signaling path provided by a cable television system to deliver to\n subscriber terminals signals that are intended for reception by equipment other than a television\n broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding\n equipment.\n\n\n47 CFR 76.5(t) (enhanced display) page 13 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(u)\nMultichannel Video and Cable Television Service\n\n\n (u) Class IV cable television channel. A signaling path provided by a cable television system to transmit\n signals of any type from a subscriber terminal to another point in the cable television system.\n\n (v) Subscriber terminal. The cable television system terminal to which a subscriber's equipment is connected.\n Separate terminals may be provided for delivery of signals of various classes. Terminal devices\n interconnected to subscriber terminals of a cable system must comply with the provisions of part 15 of\n this Chapter for TV interface devices.\n\n (w) System noise. That combination of undesired and fluctuating disturbances within a cable television\n channel that degrades the transmission of the desired signal and that is due to modulation processes or\n thermal or other noise-producing effects, but does not include hum and other undesired signals of\n discrete frequency. System noise is specified in terms of its rms voltage or its mean power level as\n measured in the 4 MHz bandwidth between 1.25 and 5.25 MHz above the lower channel boundary of a\n cable television channel.\n\n (x) Terminal isolation. The attenuation, at any subscriber terminal, between that terminal and any other\n subscriber terminal in the cable television system.\n\n (y) Visual signal level. The rms voltage produced by the visual signal during the transmission of synchronizing\n pulses.\n\n (z) Affiliate. When used in relation to any person, another person who owns or controls, is owned or\n controlled by, or is under common ownership or control with, such person.\n\n (aa) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental\n entity.\n\n (bb) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper\n properties pursuant to §§ 73.3555, 73.3615, and 76.501.\n\n (cc) Cable system operator. Any person or group of persons\n\n (1) who provides cable service over a cable system and directly or through one or more affiliates owns a\n significant interest in such cable system; or\n\n (2) who otherwise controls or is responsible for, through any arrangement, the management and\n operation of such a cable system.\n\n (dd) System community unit: Community unit. A cable television system, or portion of a cable television\n system, that operates or will operate within a separate and distinct community or municipal entity\n (including unincorporated communities within unincorporated areas and including single, discrete\n unincorporated areas).\n\n (ee) Subscribers.\n\n (1) As used in the context of cable service, subscriber or cable subscriber means a member of the\n general public who receives broadcast programming distributed by a cable television system and\n does not further distribute it.\n\n (2) As used in the context of satellite service, subscriber or satellite subscriber means a person who\n receives a secondary transmission service from a satellite carrier and pays a fee for the service,\n directly or indirectly, to the satellite carrier or to a distributor.\n\n\n\n\n47 CFR 76.5(ee)(2) (enhanced display) page 14 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(ff)\nMultichannel Video and Cable Television Service\n\n\n (ff) Cable service. The one-way transmission to subscribers of video programming, or other programming\n service; and, subscriber interaction, if any, which is required for the selection or use of such video\n programming or other programming service. For the purposes of this definition, “video programming” is\n programming provided by, or generally considered comparable to programming provided by, a television\n broadcast station; and, “other programming service” is information that a cable operator makes available\n to all subscribers generally.\n\n (gg) Satellite community.\n\n (1) For purposes of the significantly viewed rules (see § 76.54), a separate and distinct community or\n municipal entity (including unincorporated communities within unincorporated areas and including\n single, discrete unincorporated areas). The boundaries of any such unincorporated community may\n be defined by one or more adjacent five-digit zip code areas. Satellite communities apply only in\n areas in which there is no pre-existing cable community, as defined in paragraph (dd) of this section.\n\n (2) For purposes of the market modification rules (see § 76.59), a county.\n\n (hh) Input selector switch. Any device that enables a viewer to select between cable service and off-the-air\n television signals. Such a device may be more sophisticated than a mere two-sided switch, may utilize\n other cable interface equipment, and may be built into consumer television receivers.\n\n (ii) A syndicated program is any program sold, licensed, distributed or offered to television station licensees in\n more than one market within the United States other than as network programming as defined in §\n 76.5(m).\n\n (jj) Rural area. A community unit with a density of less than 19 households per route kilometer or thirty\n households per route mile of coaxial and/or fiber optic cable trunk and feeder line.\n\n (kk) Technically integrated. Having 75% or more of the video channels received from a common headend.\n\n (ll) Cable home wiring. The internal wiring contained within the premises of a subscriber which begins at the\n demarcation point. Cable home wiring includes passive splitters on the subscriber's side of the\n demarcation point, but does not include any active elements such as amplifiers, converter or decoder\n boxes, or remote control units.\n\n (mm) Demarcation point.\n\n (1) For new and existing single unit installations, the demarcation point shall be a point at (or about)\n twelve inches outside of where the cable wire enters the subscriber's premises.\n\n (2) For new and existing multiple dwelling unit installations with non-loop-through wiring configurations,\n the demarcation point shall be a point at (or about) twelve inches outside of where the cable wire\n enters the subscriber's dwelling unit, or, where the wire is physically inaccessible at such point, the\n closest practicable point thereto that does not require access to the individual subscriber's dwelling\n unit.\n\n (3) For new and existing multiple dwelling unit installations with loop-through wiring configurations, the\n demarcation points shall be at (or about) twelve inches outside of where the cable wire enters or\n exits the first and last individual dwelling units on the loop, or, where the wire is physically\n inaccessible at such point(s), the closest practicable point thereto that does not require access to an\n individual subscriber's dwelling unit.\n\n (4) As used in this paragraph (mm)(3), the term “physically inaccessible” describes a location that:\n\n\n47 CFR 76.5(mm)(4) (enhanced display) page 15 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.5(mm)(4)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Would require significant modification of, or significant damage to, preexisting structural\n elements, and\n\n (ii) Would add significantly to the physical difficulty and/or cost of accessing the subscriber's home\n wiring.\n\n\n Note to § 76.5 paragraph (mm)(4): For example, wiring embedded in brick, metal\n conduit, cinder blocks, or sheet rock with limited or without access openings would likely\n be physically inaccessible; wiring enclosed within hallway molding would not.\n\n (nn) Activated channels. Those channels engineered at the headend of a cable system for the provision of\n services generally available to residential subscribers of the cable system, regardless of whether such\n services actually are provided, including any channel designated for public, educational or governmental\n use.\n\n (oo) Usable activated channels. Those activated channels of a cable system, except those channels whose use\n for the distribution of broadcast signals would conflict with technical and safety regulations. See part 76,\n subpart K.\n\n (pp) Principal headend.\n\n (1) The headend, in the case of a cable system with a single headend or,\n\n (2) In the case of a cable system with more than one headend, the principal headend designated by the\n cable operator, except that such designation shall not undermine or evade the requirements of\n subpart D of this part. Each cable system must provide information regarding the designation and\n location of the principal headend to the Commission promptly upon request. Except for good cause,\n an operator may not change its choice of principal headend. Cable systems may elect voluntarily to\n provide the location of the principal headend in the Commission's online public inspection file\n database and may choose whether to make this information accessible only by the Commission or\n to also make it publicly available. Systems that elect not to provide this information in the online file,\n or to protect this information in the online file from public view, must make it available to broadcast\n television stations and local franchisors upon request. If a request is submitted by a television\n station or franchisor in writing by certified mail, cable systems must respond in writing by certified\n mail within 15 calendar days. Cable systems may in addition elect to respond to requests from these\n entities submitted by telephone or email, but must respond in writing by certified mail if requested to\n do so by the station or franchisor.\n\n (qq) Emergency Alert System (EAS). The EAS is composed of broadcast networks; cable networks and\n program suppliers; AM, FM and TV broadcast stations; Low Power TV (LPTV) stations; cable systems and\n wireless cable systems; and other entities and industries operating on an organized basis during\n emergencies at the National, State, or local levels.\n\n (rr) Channel Slates. A written notice that appears on screen in place of a dropped video feed.\n\n[37 FR 3278, Feb. 12, 1972]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 76.5, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n47 CFR 76.5(rr) (enhanced display) page 16 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.6\nMultichannel Video and Cable Television Service\n\n\n§ 76.6 General pleading requirements.\n (a) General pleading requirements. All written submissions, both substantive and procedural, must conform to\n the following standards:\n\n (1) A pleading must be clear, concise, and explicit. All matters concerning a claim, defense or requested\n remedy, should be pleaded fully and with specificity.\n\n (2) Pleadings must contain facts which, if true, are sufficient to warrant a grant of the relief requested.\n\n (3) Facts must be supported by relevant documentation or affidavit.\n\n (4) The original of all pleadings and submissions by any party shall be signed by that party, or by the\n party's attorney. Complaints must be signed by the complainant. The signing party shall state his or\n her address and telephone number and the date on which the document was signed. Copies should\n be conformed to the original. Each submission must contain a written verification that the signatory\n has read the submission and to the best of his or her knowledge, information and belief formed after\n reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith\n argument for the extension, modification or reversal of existing law; and that it is not interposed for\n any improper purpose. If any pleading or other submission is signed in violation of this provision, the\n Commission shall upon motion or upon its own initiative impose appropriate sanctions.\n\n (5) Legal arguments must be supported by appropriate judicial, Commission, or statutory authority.\n Opposing authorities must be distinguished. Copies must be provided of all non-Commission\n authorities relied upon which are not routinely available in national reporting systems, such as\n unpublished decisions or slip opinions of courts or administrative agencies.\n\n (6) Parties are responsible for the continuing accuracy and completeness of all information and\n supporting authority furnished in a pending complaint proceeding. Information submitted, as well as\n relevant legal authorities, must be current and updated as necessary and in a timely manner at any\n time before a decision is rendered on the merits of the complaint.\n\n (b) Copies to be Filed. Unless otherwise directed by specific regulation or the Commission, an original and\n two (2) copies of all pleadings shall be filed in accordance with § 0.401(a) of this chapter, except that\n petitions requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with §\n 0.401(b) of this chapter.\n\n (c) Frivolous pleadings. It shall be unlawful for any party to file a frivolous pleading with the Commission. Any\n violation of this paragraph shall constitute an abuse of process subject to appropriate sanctions.\n\n[64 FR 6569, Feb. 10, 1999]\n\n\n§ 76.7 General special relief, waiver, enforcement, complaint, show cause, forfeiture, and\ndeclaratory ruling procedures.\n (a) Initiating pleadings. In addition to the general pleading requirements, initiating pleadings must adhere to\n the following requirements:\n\n (1) Petitions. On petition by any interested party, cable television system operator, a multichannel video\n programming distributor, local franchising authority, or an applicant, permittee, or licensee of a\n television broadcast or translator station, the Commission may waive any provision of this part 76,\n\n\n\n47 CFR 76.7(a)(1) (enhanced display) page 17 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.7(a)(2)\nMultichannel Video and Cable Television Service\n\n\n impose additional or different requirements, issue a ruling on a complaint or disputed question, issue\n a show cause order, revoke the certification of the local franchising authority, or initiate a forfeiture\n proceeding. Petitions may be submitted informally by letter.\n\n (2) Complaints. Complaints shall conform to the relevant rule section under which the complaint is being\n filed.\n\n (3) Certificate of service. Petitions and Complaints shall be accompanied by a certificate of service on\n any cable television system operator, multichannel video programming distributor, franchising\n authority, station licensee, permittee, or applicant, or other interested person who is likely to be\n directly affected if the relief requested is granted.\n\n (4) Statement of relief requested.\n\n (i) The petition or complaint shall state the relief requested. It shall state fully and precisely all\n pertinent facts and considerations relied on to demonstrate the need for the relief requested\n and to support a determination that a grant of such relief would serve the public interest.\n\n (ii) The petition or complaint shall set forth all steps taken by the parties to resolve the problem,\n except where the only relief sought is a clarification or interpretation of the rules.\n\n (iii) A petition or complaint may, on request of the filing party, be dismissed without prejudice as a\n matter of right prior to the adoption date of any final action taken by the Commission with\n respect to the petition or complaint. A request for the return of an initiating document will be\n regarded as a request for dismissal.\n\n (5) Failure to prosecute. Failure to prosecute petition or complaint, or failure to respond to official\n correspondence or request for additional information, will be cause for dismissal. Such dismissal\n will be without prejudice if it occurs prior to the adoption date of any final action taken by the\n Commission with respect to the initiating pleading.\n\n (b) Responsive pleadings. In addition to the general pleading requirements, responsive pleadings must adhere\n to the following requirements:\n\n (1) Comments/oppositions to petitions. Unless otherwise directed by the Commission, interested\n persons may submit comments or oppositions within twenty (20) days after the date of public notice\n of the filing of such petition. Comments or oppositions shall be served on the petitioner and on all\n persons listed in petitioner's certificate of service, and shall contain a detailed full showing,\n supported by affidavit, of any facts or considerations relied on.\n\n (2) Answers to complaints.\n\n (i) Unless otherwise directed by the Commission, any party who is served with a complaint shall\n file an answer in accordance with the following, and the relevant rule section under which the\n complaint is being filed.\n\n (ii) The answer shall be filed within 20 days of service of the complaint, unless another period is set\n forth in the relevant rule section.\n\n (iii) The answer shall advise the parties and the Commission fully and completely of the nature of\n any and all defenses, and shall respond specifically to all material allegations of the complaint.\n Collateral or immaterial issues shall be avoided in answers and every effort should be made to\n narrow the issues. Any party against whom a complaint is filed failing to file and serve an\n\n\n47 CFR 76.7(b)(2)(iii) (enhanced display) page 18 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.7(b)(2)(iv)\nMultichannel Video and Cable Television Service\n\n\n answer within the time and in the manner prescribed by these rules may be deemed in default\n and an order may be entered against defendant in accordance with the allegations contained in\n the complaint.\n\n (iv) The answer shall admit or deny the averments on which the adverse party relies. If the\n defendant is without knowledge or information sufficient to form a belief as to the truth of an\n averment, the defendant shall so state and this has the effect of a denial. When a defendant\n intends in good faith to deny only part of an averment, the answer shall specify so much of it as\n is true and shall deny only the remainder. The defendant may make its denials as specific\n denials of designated averments or paragraphs, or may generally deny all the averments except\n such designated averments or paragraphs as the defendant expressly admits. When the\n defendant intends to controvert all averments, the defendant may do so by general denial.\n\n (v) Averments in a complaint are deemed to be admitted when not denied in the answer.\n\n (c) Reply. In addition to the general pleading requirements, reply comments and replies must adhere to the\n following requirements:\n\n (1) The petitioner or complainant may file a reply to a responsive pleading which shall be served on all\n persons who have filed pleadings and shall also contain a detailed full showing, supported by\n affidavit, of any additional facts or considerations relied on. Unless expressly permitted by the\n Commission, reply comments and replies to an answer shall not contain new matters.\n\n (2) Failure to reply will not be deemed an admission of any allegations contained in the responsive\n pleading, except with respect to any affirmative defense set forth therein.\n\n (3) Unless otherwise directed by the Commission or the relevant rule section, comments and replies to\n answers must be filed within ten (10) days after submission of the responsive pleading.\n\n (d) Motions. Except as provided in this section, or upon a showing of extraordinary circumstances, additional\n motions or pleadings by any party will not be accepted.\n\n (e) Additional procedures and written submissions.\n\n (1) The Commission may specify other procedures, such as oral argument or evidentiary hearing\n directed to particular aspects, as it deems appropriate. In the event that an evidentiary hearing is\n required, the Commission will determine, on the basis of the pleadings and such other procedures as\n it may specify, whether temporary relief should be afforded any party pending the hearing and the\n nature of any such temporary relief.\n\n (2) The Commission may require the parties to submit any additional information it deems appropriate\n for a full, fair, and expeditious resolution of the proceeding, including copies of all contracts and\n documents reflecting arrangements and understandings alleged to violate the requirements set forth\n in the Communications Act and in this part, as well as affidavits and exhibits.\n\n (3) The Commission may, in its discretion, require the parties to file briefs summarizing the facts and\n issues presented in the pleadings and other record evidence.\n\n (i) These briefs shall contain the findings of fact and conclusions of law which that party is urging\n the Commission to adopt, with specific citations to the record, and supported by relevant\n authority and analysis.\n\n (ii) Any briefs submitted shall be filed concurrently by both the complainant and defendant at such\n time as is designated by the staff. Such briefs shall not exceed fifty (50) pages.\n\n47 CFR 76.7(e)(3)(ii) (enhanced display) page 19 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.7(e)(3)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) Reply briefs may be submitted by either party within twenty (20) days from the date initial briefs\n are due. Reply briefs shall not exceed thirty (30) pages.\n\n (f) Discovery.\n\n (1) The Commission staff may in its discretion order discovery limited to the issues specified by the\n Commission. Such discovery may include answers to written interrogatories, depositions or\n document production.\n\n (2) The Commission staff may in its discretion direct the parties to submit discovery proposals, together\n with a memorandum in support of the discovery requested. Such discovery requests may include\n answers to written interrogatories, document production or depositions. The Commission staff may\n hold a status conference with the parties, pursuant to § 76.8 of this part, to determine the scope of\n discovery, or direct the parties regarding the scope of discovery. If the Commission staff determines\n that extensive discovery is required or that depositions are warranted, the staff may advise the\n parties that the proceeding will be referred to an administrative law judge in accordance with\n paragraph (g) of this section.\n\n (g) Referral to administrative law judge.\n\n (1) After reviewing the pleadings, and at any stage of the proceeding thereafter, the Commission staff\n may, in its discretion, designate any proceeding or discrete issues arising out of any proceeding for\n an adjudicatory hearing before an administrative law judge.\n\n (2) Before designation for hearing, the staff shall notify, either orally or in writing, the parties to the\n proceeding of its intent to so designate, and the parties shall be given a period of ten (10) days to\n elect to resolve the dispute through alternative dispute resolution procedures, or to proceed with an\n adjudicatory hearing. Such election shall be submitted in writing to the Commission.\n\n (3) Unless otherwise directed by the Commission, or upon motion by the Media Bureau Chief, the Media\n Bureau Chief shall not be deemed to be a party to a proceeding designated for a hearing before an\n administrative law judge pursuant to this paragraph (g).\n\n (h) System community units outside the Contiguous States. On a finding that the public interest so requires,\n the Commission may determine that a system community unit operating or proposing to operate in a\n community located outside of the 48 contiguous states shall comply with provisions of subparts D, F, and\n G of this part in addition to the provisions thereof otherwise applicable.\n\n (i) Commission ruling. The Commission, after consideration of the pleadings, may determine whether the\n public interest would be served by the grant, in whole or in part, or denial of the request, or may issue a\n ruling on the complaint or dispute, issue an order to show cause, or initiate a forfeiture proceeding.\n\n\n Note 1 to § 76.7: After issuance of an order to show cause pursuant to this section, the rules of\n procedure in Title 47, part 1, subpart A, §§ 1.91–1.95 of this chapter shall apply.\n\n\n Note 2 to § 76.7: Nothing in this section is intended to prevent the Commission from initiating\n show cause or forfeiture proceedings on its own motion; Provided, however, that show cause\n proceedings and forfeiture proceedings pursuant to § 1.80(g) of this chapter will not be initiated\n by such motion until the affected parties are given an opportunity to respond to the Commission's\n\n\n47 CFR 76.7(i) (enhanced display) page 20 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.8\nMultichannel Video and Cable Television Service\n\n\n\n charges.\n\n\n Note 3 to § 76.7: Forfeiture proceedings are generally nonhearing matters conducted pursuant to\n the provisions of § 1.80(f) of this chapter (Notice of Apparent Liability). Petitioners who contend\n that the alternative hearing procedures of § 1.80(g) of this chapter should be followed in a\n particular case must support this contention with a specific showing of the facts and\n considerations relied on.\n\n\n Note 4 to § 76.7: To the extent a conflict is perceived between the general pleading requirements\n of this section, and the procedural requirements of a specific section, the procedural requirements\n of the specific section should be followed.\n\n\n[64 FR 6569, Feb. 10, 1999, as amended at 67 FR 13234, Mar. 21, 2002; 76 FR 60673, Sept. 29, 2011; 80 FR 59663, Oct. 2, 2015;\n85 FR 63184, Oct. 6, 2020]\n\n\n§ 76.8 Status conference.\n (a) In any proceeding subject to the part 76 rules, the Commission staff may in its discretion direct the\n attorneys and/or the parties to appear for a conference to consider:\n\n (1) Simplification or narrowing of the issues;\n\n (2) The necessity for or desirability of amendments to the pleadings, additional pleadings, or other\n evidentiary submissions;\n\n (3) Obtaining admissions of fact or stipulations between the parties as to any or all of the matters in\n controversy;\n\n (4) Settlement of the matters in controversy by agreement of the parties;\n\n (5) The necessity for and extent of discovery, including objections to interrogatories or requests for\n written documents;\n\n (6) The need and schedule for filing briefs, and the date for any further conferences; and\n\n (7) Such other matters that may aid in the disposition of the proceeding.\n\n (b) Any party may request that a conference be held at any time after an initiating document has been filed.\n\n (c) Conferences will be scheduled by the Commission at such time and place as it may designate, to be\n conducted in person or by telephone conference call.\n\n (d) The failure of any attorney or party, following advance notice with an opportunity to be present, to appear\n at a scheduled conference will be deemed a waiver and will not preclude the Commission from conferring\n with those parties or counsel present.\n\n (e) During a status conference, the Commission staff may issue oral rulings pertaining to a variety of matters\n relevant to the conduct of the proceeding including, inter alia, procedural matters, discovery, and the\n submission of briefs or other evidentiary materials. These rulings will be promptly memorialized in writing\n\n47 CFR 76.8(e) (enhanced display) page 21 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.9\nMultichannel Video and Cable Television Service\n\n\n and served on the parties. When such rulings require a party to take affirmative action not subject to\n deadlines established by another provision of this subpart, such action will be required within ten (10)\n days from the date of the written memorialization unless otherwise directed by the staff.\n\n[64 FR 6571, Feb. 10, 1999]\n\n\n§ 76.9 Confidentiality of proprietary information.\n (a) Any materials filed in the course of a proceeding under this provision may be designated as proprietary by\n that party if the party believes in good faith that the materials fall within an exemption to disclosure\n contained in the Freedom of Information Act (FOIA), 5 U.S.C. 552(b). Any party asserting confidentiality\n for such materials shall so indicate by clearly marking each page, or portion thereof, for which a\n proprietary designation is claimed. If a proprietary designation is challenged, the party claiming\n confidentiality will have the burden of demonstrating, by a preponderance of the evidence, that the\n material designated as proprietary falls under the standards for nondisclosure enunciated in FOIA.\n\n (b) Submissions containing information claimed to be proprietary under this section shall be submitted to the\n Commission in confidence pursuant to the requirements of § 0.459 of this chapter and clearly marked\n “Not for Public Inspection.” An edited version removing all proprietary data shall be filed with the\n Commission for inclusion in the public file within five (5) days from the date the unedited reply is\n submitted, and shall be served on the opposing parties.\n\n (c) Except as provided in paragraph (d) of this section, materials marked as proprietary may be disclosed\n solely to the following persons, only for use in the proceeding, and only to the extent necessary to assist\n in the prosecution or defense of the case:\n\n (i) Counsel of record representing the parties in the proceeding and any support personnel employed by\n such attorneys;\n\n (ii) Officers or employees of the parties in the proceeding who are named by another party as being\n directly involved in the proceeding;\n\n (iii) Consultants or expert witnesses retained by the parties;\n\n (iv) The Commission and its staff; and\n\n (v) Court reporters and stenographers in accordance with the terms and conditions of this section.\n\n (d) The Commission will entertain, subject to a proper showing, a party's request to further restrict access to\n proprietary information as specified by the party. The other parties will have an opportunity to respond to\n such requests.\n\n (e) The persons designated in paragraphs (c) and (d) of this section shall not disclose information\n designated as proprietary to any person who is not authorized under this section to receive such\n information, and shall not use the information in any activity or function other than the prosecution or\n defense of the case before the Commission. Each individual who is provided access to the information by\n the opposing party shall sign a notarized statement affirmatively stating, or shall certify under penalty of\n perjury, that the individual has personally reviewed the Commission's rules and understands the\n limitations they impose on the signing party.\n\n (f) No copies of materials marked proprietary may be made except copies to be used by persons designated\n in paragraphs (c) and (d) of this section. Each party shall maintain a log recording the number of copies\n made of all proprietary material and the persons to whom the copies have been provided.\n\n47 CFR 76.9(f) (enhanced display) page 22 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.9(g)\nMultichannel Video and Cable Television Service\n\n\n (g) Upon termination of the complaint proceeding, including all appeals and petitions, all originals and\n reproductions of any proprietary materials, along with the log recording persons who received copies of\n such materials, shall be provided to the producing party. In addition, upon final termination of the\n proceeding, any notes or other work product derived in whole or in part from the proprietary materials of\n an opposing or third party shall be destroyed.\n\n[64 FR 6571, Feb. 10, 1999]\n\n\n§ 76.10 Review.\n (a) Interlocutory review.\n\n (1) Except as provided below, no party may seek review of interlocutory rulings until a decision on the\n merits has been issued by the staff or administrative law judge.\n\n (2) Rulings listed in this paragraph are reviewable as a matter of right. An application for review of such\n ruling may not be deferred and raised as an exception to a decision on the merits.\n\n (i) If the staff's ruling denies or terminates the right of any person to participate as a party to the\n proceeding, such person, as a matter of right, may file an application for review of that ruling.\n\n (ii) If the staff's ruling requires production of documents or other written evidence, over objection\n based on a claim of privilege, the ruling on the claim of privilege is reviewable as a matter of\n right.\n\n (iii) If the staff's ruling denies a motion to disqualify a staff person from participating in the\n proceeding, the ruling is reviewable as a matter of right.\n\n (b) Petitions for reconsideration. Petitions for reconsideration of interlocutory actions by the Commission's\n staff or by an administrative law judge will not be entertained. Petitions for reconsideration of a decision\n on the merits made by the Commission's staff should be filed in accordance with §§ 1.104 through 1.106\n of this chapter.\n\n (c) Application for review.\n\n (1) Any party to a part 76 proceeding aggrieved by any decision on the merits issued by the staff\n pursuant to delegated authority may file an application for review by the Commission in accordance\n with § 1.115 of this chapter.\n\n (2) Any party to a proceeding under this part aggrieved by any decision on the merits by an\n administrative law judge may file an appeal of the decision directly with the Commission, in\n accordance with §§ 1.276(a) and 1.277(a) through (c) of this chapter.\n\n[64 FR 6571, Feb. 10, 1999, as amended at 85 FR 81812, Dec. 17, 2020]\n\n\n§ 76.11 Lockbox enforcement.\nAny party aggrieved by the failure or refusal of a cable operator to provided a lockbox as provided for in Title VI of\nthe Communications Act may petition the Commission for relief in accordance with the provisions and procedures\nset forth in § 76.7 for petitions for special relief.\n\n[50 FR 18661, May 2, 1985]\n\n\n47 CFR 76.11 (enhanced display) page 23 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.29\nMultichannel Video and Cable Television Service\n\n\nSubpart B—Registration Statements\n§ 76.29 Special temporary authority.\n (a) In circumstances requiring the temporary use of community units for operations not authorized by the\n Commission's rules, a cable television system may request special temporary authority to operate. The\n Commission may grant special temporary authority, upon a finding that the public interest would be\n served thereby, for a period not to exceed ninety (90) days, and may extend such authority, upon a like\n finding, for one additional period, not to exceed ninety (90) days.\n\n (b) Requests for special temporary authority may be submitted informally, by letter, and shall contain the\n following:\n\n (1) Name and address of the applicant cable system.\n\n (2) Community in which the community unit is located.\n\n (3) Type of operation to be conducted.\n\n (4) Date of commencement of proposed operations.\n\n (5) Duration of time for which temporary authority is required.\n\n (6) All pertinent facts and considerations relied on to demonstrate the need for special temporary\n authority and to support a determination that a grant of such authority would serve the public\n interest.\n\n (7) A certificate of service on all interested parties.\n\n (c) A request for special temporary authority shall be filed at least ten (10) days prior to the date of\n commencement of the proposed operations, or shall be accompanied by a statement of reasons for the\n delay in submitting such request.\n\n (d) A grant of special temporary authority may be rescinded by the Commission at any time upon a finding of\n facts which warrant such action.\n\n[39 FR 35166, Sept. 30, 1974; 42 FR 19346, Apr. 13, 1977, as amended at 43 FR 49008, Oct. 20, 1978]\n\n\nSubpart C—Cable Franchising\n§ 76.41 Franchise application process.\n (a) Definition. Competitive franchise applicant. For the purpose of this section, an applicant for a cable\n franchise in an area currently served by another cable operator or cable operators in accordance with 47\n U.S.C. 541(a)(1).\n\n (b) A competitive franchise applicant must include the following information in writing in its franchise\n application, in addition to any information required by applicable State and local laws:\n\n (1) The applicant's name;\n\n (2) The names of the applicant's officers and directors;\n\n (3) The business address of the applicant;\n\n (4) The name and contact information of a designated contact for the applicant;\n\n47 CFR 76.41(b)(4) (enhanced display) page 24 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.41(b)(5)\nMultichannel Video and Cable Television Service\n\n\n (5) A description of the geographic area that the applicant proposes to serve;\n\n (6) The PEG channel capacity and capital support proposed by the applicant;\n\n (7) The term of the agreement proposed by the applicant;\n\n (8) Whether the applicant holds an existing authorization to access the public rights-of-way in the\n subject franchise service area as described under paragraph (b)(5) of this section;\n\n (9) The amount of the franchise fee the applicant offers to pay; and\n\n (10) Any additional information required by applicable State or local laws.\n\n (c) A franchising authority may not require a competitive franchise applicant to negotiate or engage in any\n regulatory or administrative processes prior to the filing of the application.\n\n (d) When a competitive franchise applicant files a franchise application with a franchising authority and the\n applicant has existing authority to access public rights-of-way in the geographic area that the applicant\n proposes to serve, the franchising authority must grant or deny the application within 90 days of the date\n the application is received by the franchising authority. If a competitive franchise applicant does not have\n existing authority to access public rights-of-way in the geographic area that the applicant proposes to\n serve, the franchising authority must grant or deny the application within 180 days of the date the\n application is received by the franchising authority. A franchising authority and a competitive franchise\n applicant may agree in writing to extend the 90-day or 180-day deadline, whichever is applicable.\n\n (e) If a franchising authority does not grant or deny an application within the time limit specified in paragraph\n (d) of this section, the competitive franchise applicant will be authorized to offer service pursuant to an\n interim franchise in accordance with the terms of the application submitted under paragraph (b) of this\n section.\n\n (f) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority denies\n an application, the competitive franchise applicant must discontinue operating under the interim franchise\n specified in paragraph (e) of this section unless the franchising authority provides consent for the interim\n franchise to continue for a limited period of time, such as during the period when judicial review of the\n franchising authority's decision is pending. The competitive franchise applicant may seek judicial review\n of the denial under 47 U.S.C. 555.\n\n (g) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority and a\n competitive franchise applicant agree on the terms of a franchise, upon the effective date of that\n franchise, that franchise will govern and the interim franchise will expire.\n\n[72 FR 13215, Mar. 21, 2007]\n\n\n§ 76.42 In-kind contributions.\n (a) In-kind, cable-related contributions are “franchise fees” subject to the five percent cap set forth in 47\n U.S.C. 542(b). Such contributions, which count toward the five percent cap at their fair market value,\n include any non-monetary contributions related to the provision of cable service by a cable operator as a\n condition or requirement of a local franchise, including but not limited to:\n\n (1) Costs attributable to the provision of free or discounted cable service to public buildings, including\n buildings leased by or under control of the franchising authority;\n\n\n\n47 CFR 76.42(a)(1) (enhanced display) page 25 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.42(a)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Costs in support of public, educational, or governmental access facilities, with the exception of\n capital costs; and\n\n (3) Costs attributable to the construction of institutional networks.\n\n (b) In-kind, cable-related contributions do not include the costs of complying with build-out and customer\n service requirements.\n\n[84 FR 44750, Aug. 27, 2019]\n\n\n§ 76.43 Mixed-use rule.\nA franchising authority may not regulate the provision of any services other than cable services offered over the\ncable system of a cable operator, with the exception of channel capacity on institutional networks.\n\n[84 FR 44750, Aug. 27, 2019]\n\n\nSubpart D—Carriage of Television Broadcast Signals\n§ 76.51 Major television markets.\nFor purposes of the cable television rules, the following is a list of the major television markets and their designated\ncommunities:\n\n (a) First 50 major television markets:\n\n (1) New York, New York-Linden-Paterson-Newark, New Jersey.\n\n (2) Los Angeles-San Bernardino-Corona-Riverside-Anaheim, Calif.\n\n (3) Chicago, Ill.\n\n (4) Philadelphia, Pa.-Burlington, N.J.\n\n (5) Detroit, Mich.\n\n (6) Boston-Cambridge-Worcester-Lawrence, Mass.\n\n (7) San Francisco-Oakland-San Jose, Calif.\n\n (8) Cleveland-Lorain-Akron, Ohio.\n\n (9) Washington, DC.\n\n (10) Pittsburgh, Pa.\n\n (11) St. Louis, Mo.\n\n (12) Dallas-Fort Worth, Tex.\n\n (13) Minneapolis-St. Paul, Minn.\n\n (14) Baltimore, Md.\n\n (15) Houston, Tex.\n\n (16) Indianapolis-Bloomington, Ind.\n\n47 CFR 76.51(a)(16) (enhanced display) page 26 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.51(a)(17)\nMultichannel Video and Cable Television Service\n\n\n (17) Cincinnati, Ohio-Newport, Ky.\n\n (18) Atlanta-Rome, Ga.\n\n (19) Hartford-New Haven-New Britain-Waterbury-New London, Ct.\n\n (20) Seattle-Tacoma, Wash.\n\n (21) Miami, Fla.\n\n (22) Kansas City, Mo.\n\n (23) Milwaukee, Wis.\n\n (24) Buffalo, N.Y.\n\n (25) Sacramento-Stockton-Modesto, Calif.\n\n (26) Memphis, Tenn.\n\n (27) Columbus-Chillicothe, Ohio.\n\n (28) Tampa-St. Petersburg-Clearwater, Florida.\n\n (29) Portland, Oreg.\n\n (30) Nashville, Tenn.\n\n (31) New Orleans, La.\n\n (32) Denver-Castle Rock, Colorado.\n\n (33) Providence, R.I.-New Bedford, Mass.\n\n (34) Albany-Schenectady-Troy, N.Y.\n\n (35) Syracuse, N.Y.\n\n (36) Charleston-Huntington, W. Va.\n\n (37) Kalamazoo-Grand Rapids-Battle Creek, Mich.\n\n (38) Louisville, Ky.\n\n (39) Oklahoma City, Okla.\n\n (40) Birmingham, Ala.\n\n (41) Dayton-Kettering, Ohio.\n\n (42) Charlotte, N.C.\n\n (43) Phoenix-Mesa, Ariz.\n\n (44) Norfolk-Newport News-Portsmouth-Hampton, Va.\n\n (45) San Antonio, Tex.\n\n (46) Greenville-Spartanburg-Anderson, S.C.-Asheville, N.C.\n\n (47) Greensboro-High Point-Winston Salem, N.C.\n\n\n47 CFR 76.51(a)(47) (enhanced display) page 27 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.51(a)(48)\nMultichannel Video and Cable Television Service\n\n\n (48) Salt Lake City, Utah.\n\n (49) Wilkes Barre-Scranton, Pa.\n\n (50) Little Rock-Pine Bluff, Arkansas.\n\n (b) Second 50 major television markets:\n\n (51) San Diego, Calif.\n\n (52) Toledo, Ohio.\n\n (53) Omaha, Nebr.\n\n (54) Tulsa, Okla.\n\n (55) Orlando-Daytona Beach-Melbourne-Cocoa-Clermont, Florida.\n\n (56) Rochester, N.Y.\n\n (57) Harrisburg-Lancaster-York, Pa.\n\n (58) Texarkana, Tex.-Shreveport, La.\n\n (59) Mobile, Ala.-Pensacola, Fla.\n\n (60) Davenport, Iowa-Rock Island-Moline, Ill.\n\n (61) Flint-Bay City-Saginaw, Mich.\n\n (62) Green Bay, Wis.\n\n (63) Richmond-Petersburg, Va.\n\n (64) Springfield-Decatur-Champaign, Illinois.\n\n (65) Cedar Rapids-Waterloo, Iowa.\n\n (66) Des Moines-Ames, Iowa.\n\n (67) Wichita-Hutchinson, Kans.\n\n (68) Jacksonville, Fla.\n\n (69) Cape Girardeau, Mo.-Paducah, Ky.-Harrisburg, Ill.\n\n (70) Roanoke-Lynchburg, Va.\n\n (71) Knoxville, Tenn.\n\n (72) Fresno-Visalia-Hanford-Clovis-Merced-Porterville, California.\n\n (73) Raleigh-Durham-Goldsboro-Fayetteville, North Carolina.\n\n (74) Johnstown-Altoona, Pa.\n\n (75) Portland-Poland Spring, Maine.\n\n (76) Spokane, Wash.\n\n (77) Jackson, Miss.\n\n\n47 CFR 76.51(a)(77) (enhanced display) page 28 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.51(a)(78)\nMultichannel Video and Cable Television Service\n\n\n (78) Chattanooga, Tenn.\n\n (79) Youngstown, Ohio.\n\n (80) South Bend-Elkhart, Ind.\n\n (81) Albuquerque, N. Mex.\n\n (82) Fort Wayne-Roanoke, Ind.\n\n (83) Peoria, Ill.\n\n (84) Greenville-Washington-New Bern, N.C.\n\n (85) Sioux Falls-Mitchell, S. Dak.\n\n (86) Evansville, Ind.\n\n (87) Baton Rouge, La.\n\n (88) Beaumont-Port Arthur, Tex.\n\n (89) Duluth, Minn.-Superior, Minn.\n\n (90) Wheeling, W. Va.-Steubenville, Ohio.\n\n (91) Lincoln-Hastings-Kearney, Nebr.\n\n (92) Lansing-Onondaga, Mich.\n\n (93) Madison, Wis.\n\n (94) Columbus, Ga.\n\n (95) Amarillo, Tex.\n\n (96) Huntsville-Decatur, Ala.\n\n (97) Rockford-Freeport, Ill.\n\n (98) Fargo-Valley City, N.D.\n\n (99) Monroe, La.-El Dorado, Ark.\n\n (100) Columbia, S.C.\n\n\n Note: Requests for changes to this list shall be made in the form of a petition for rulemaking\n pursuant to § 1.401 of this chapter, except that such petitions shall not be subject to the public\n notice provisions of § 1.403 of this chapter.\n\n\n[37 FR 3278, Feb. 12, 1972]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 76.51, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n\n\n47 CFR 76.51(a)(100) (enhanced display) page 29 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n§ 76.53 Reference points.\nThe following list of reference points shall be used to identify the boundaries of the major and smaller television\nmarkets (defined in § 76.5). Where a community's reference point is not given, the geographic coordinates of the\nmain post office in the community shall be used.\n\n State and community Latitude Longitude\n Alabama:\n Anniston 33°39′49″ 85°49′47″\n Birmingham 33°31′01″ 86°48′36″\n Decatur 34°36′35″ 86°58′45″\n Demopolis 32°30′56″ 87°50′07″\n Dothan 31°13′27″ 85°23′35″\n Dozier 31°29′30″ 86°21′59″\n Florence 34°48′05″ 87°40′31″\n Huntsville 34°44′18″ 86°35′19″\n Louisville 31°47′00″ 85°33′09″\n Mobile 30°41′36″ 88°02′33″\n Montgomery 32°22′33″ 86°18′31″\n Mount Cheaha State Park 33°29′26″ 85°48′30″\n Selma 24°24′26″ 87°01′15″\n Tuscaloosa 33°12′05″ 87°33′44″\n Alaska:\n Anchorage 61°13′09″ 149°53′29″\n College 64°51′22″ 147°48′38″\n Fairbanks 64°50′35″ 147°41′51″\n Juneau 58°18′06″ 134°25′09″\n Sitka 57°02′58″ 135°20′12″\n Arizona:\n Flagstaff 35°11′54″ 111°39′02″\n Mesa 33°24′54″ 111°49′41″\n Nogales 31°20′14″ 110°56′12″\n Phoenix 33°27′12″ 112°04′28″\n Tucson 32°13′15″ 110°58′08″\n Yuma 32°43′16″ 114°37′01″\n Arkansas:\n El Dorado 33°12′39″ 92°39′40″\n Fayetteville 36°03′41″ 94°09′38″\n Fort Smith 35°23′10″ 94°25′36″\n Jonesboro 35°50′14″ 90°42′11″\n Little Rock 34°44′42″ 92°16′37″\n California:\n\n\n47 CFR 76.53 (enhanced display) page 30 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Bakersfield 35°22′31″ 119°01′16″\n Chico 39°44′07″ 121°49′57″\n Concord 37°58′46″ 122°01′51″\n Corona 33°52′35″ 117°33′56″\n El Centro 32°47′25″ 115°32′45″\n Eureka 40°48′08″ 124°09′46″\n Fontana 34°05′45″ 117°26′29″\n Fresno 36°44′12″ 119°47′11″\n Guasti 34°03′48″ 117°35′10″\n Hanford 36°19′51″ 119°38′48″\n Los Angeles 34°03′15″ 118°14′28″\n Modesto 37°38′26″ 120°59′44″\n Monterey 36°35′44″ 121°53′39″\n Oakland 37°48′03″ 122°15′54″\n Palm Springs 33°49′22″ 116°32′46″\n Redding 40°34′57″ 122°23′34″\n Sacramento 38°34′57″ 121°29′41″\n Salinas 36°40′24″ 121°39′25″\n San Bernardino 34°06′30″ 117°17′28″\n San Diego 32°42′53″ 117°09′21″\n San Francisco 37°46′39″ 122°24′40″\n San Jose 37°20′16″ 121°53′24″\n San Luis Obispo 35°16′49″ 120°39′34″\n San Mateo 37°34′08″ 122°19′16″\n Santa Barbara 34°25′18″ 119°41′55″\n Santa Maria 34°57′02″ 120°26′10″\n Stockton 37°57′30″ 121°17′16″\n Tulare 36°12′31″ 119°20′35″\n Ventura 34°16′47″ 119°17′22″\n Visalia 36°19′46″ 119°17′30″\n Colorado:\n Colorado Springs 38°50′07″ 104°49′16″\n Denver 39°44′58″ 104°59′22″\n Durango 37°16′29″ 107°52′25″\n Grand Junction 39°04′06″ 108°33′54″\n Montrose 38°28′44″ 107°52′31″\n Pueblo 38°16′17″ 104°36′33″\n Sterling 40°37′29″ 103°12′25″\n Connecticut:\n Bridgeport 41°10′49″ 73°11′22″\n\n\n47 CFR 76.53 (enhanced display) page 31 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Hartford 41°46′12″ 72°40′49″\n New Britain 41°40′02″ 72°47′08″\n New Haven 41°18′25″ 72°55′30″\n Norwich 41°31′36″ 72°04′31″\n Waterbury 41°33′13″ 73°02′31″\n Delaware:\n Wilmington 39°44′46″ 75°32′51″\n District of Columbia:\n Washington 38°53′51″ 77°00′33″\n Florida:\n Clearwater 27°57′56″ 82°47′51″\n Daytona Beach 29°12′44″ 81°01′10″\n Fort Lauderdale 26°07′11″ 80°08′34″\n Fort Myers 26°38′42″ 81°52′06″\n Fort Pierce 27°26′48″ 80°19′38″\n Gainesville 29°38′56″ 82°19′19″\n Jacksonville 30°19′44″ 81°39′42″\n Largo 27°54′54″ 82°47′32″\n Leesburg 28°48′43″ 81°52′30″\n Melbourne 28°04′41″ 80°36′29″\n Miami 25°46′37″ 80°11′32″\n Ocala 29°11′34″ 82°08′14″\n Orlando 28°32′42″ 81°22′38″\n Panama City 30°09′24″ 85°39′47″\n Pensacola 30°24′51″ 87°12′56″\n St. Petersburg 27°46′18″ 82°38′16″\n Sarasota 27°20′05″ 82°32′29″\n Tallahassee 30°26′30″ 84°16′50″\n Tampa 27°56′58″ 82°27′26″\n West Palm Beach 26°42′36″ 80°03′05″\n Georgia:\n Albany 31°34′36″ 84°09′22″\n Athens 33°57′34″ 83°22′39″\n Atlanta 33°45′10″ 84°23′37″\n Augusta 33°28′20″ 81°58′00″\n Chatsworth 34°46′08″ 84°46′10″\n Cochran 32°23′18″ 83°21′18″\n Columbus 32°28′07″ 84°59′24″\n Dawson 31°46′33″ 84°26′20″\n Macon 32°50′12″ 83°37′36″\n\n\n47 CFR 76.53 (enhanced display) page 32 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Pelham 31°07′42″ 84°09′02″\n Savannah 32°04′42″ 81°05′37″\n Thomasville 30°50′25″ 83°58′59″\n Waycross 31°12′19″ 82°21′47″\n Wrens 33°12′21″ 82°23′23″\n Guam:\n Agana 13°28′23″ 144°45′00″\n Hawaii:\n Hilo 19°43′42″ 155°05′30″\n Honolulu 21°18′36″ 157°51′48″\n Wailuku 20°53′21″ 156°30′27″\n Idaho:\n Boise 43°37′07″ 116°11′58″\n Idaho Falls 43°29′39″ 112°02′28″\n Lewiston 46°25′05″ 117°01′10″\n Moscow 46°43′58″ 116°59′54″\n Pocatello 42°51′38″ 112°27′01″\n Twin Falls 42°33′25″ 114°28′21″\n Illinois:\n Aurora 41°45′22″ 88°18′56″\n Bloomington 40°28′58″ 88°59′32″\n Carbondale 37°43′38″ 89°13′00″\n Champaign 40°07′05″ 88°14′48″\n Chicago 41°52′28″ 87°38′22″\n Decatur 39°50′37″ 88°57′11″\n Elgin 42°02′14″ 88°16′53″\n Freeport 42°17′57″ 89°37′07″\n Harrisburg 37°44′20″ 88°32′25″\n Jacksonville 39°44′03″ 90°13′44″\n Joliet 41°31′37″ 88°04′52″\n La Salle 41°19′49″ 89°05′44″\n Moline 41°30′31″ 90°30′49″\n Mount Vernon 38°18′29″ 88°54′26″\n Olney 38°43′47″ 88°05′00″\n Peoria 40°41′42″ 89°35′33″\n Quincy 39°55′59″ 91°24′12″\n Rockford 42°16′07″ 89°05′48″\n Rock Island 41°30′40″ 90°34′24″\n Springfield 39°47′58″ 89°38′51″\n Urbana 40°06′41″ 88°13′13″\n\n\n47 CFR 76.53 (enhanced display) page 33 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Indiana:\n Bloomington 39°09′56″ 86°31′52″\n Elkhart 41°40′56″ 85°58′15″\n Evansville 37°58′20″ 87°34′21″\n Fort Wayne 41°04′21″ 85°08′26″\n Gary 41°35′59″ 87°20′07″\n Hammond 41°35′13″ 87°27′43″\n Indianapolis 39°46′07″ 86°09′46″\n Lafayette 40°25′11″ 86°53′39″\n Marion 40°33′17″ 85°39′49″\n Muncie 40°11′28″ 85°23′16″\n Richmond 39°49′49″ 84°53′26″\n Roanoke 40°57′50″ 85°22′30″\n St. John 41°27′00″ 87°28′13″\n South Bend 41°40′33″ 86°15′01″\n Terre Haute 39°28′03″ 87°24′26″\n Vincennes 38°40′52″ 87°31′12″\n Iowa:\n Ames 42°01′36″ 93°36′44″\n Cedar Rapids 41°58′48″ 91°39′48″\n Davenport 41°31′24″ 90°34′21″\n Des Moines 41°35′14″ 93°37′00″\n Dubuque 42°29′55″ 90°40′08″\n Fort Dodge 42°30′12″ 94°11′05″\n Iowa City 41°39′37″ 91°31′52″\n Mason City 43°09′15″ 93°12′00″\n Sioux City 42°29′46″ 96°24′30″\n Waterloo 42°29′40″ 92°20′20″\n Kansas:\n Ensign 37°38′48″ 100°14′00″\n Garden City 37°57′54″ 100°52′20″\n Goodland 39°20′53″ 101°42′35″\n Great Bend 38°22′04″ 98°45′58″\n Hays 38°52′16″ 99°19′57″\n Hutchinson 38°03′11″ 97°55′20″\n Pittsburg 37°24′50″ 94°42′11″\n Salina 38°50′36″ 97°36′46″\n Topeka 39°03′16″ 95°40′23″\n Wichita 37°41′30″ 97°20′16″\n Kentucky:\n\n\n47 CFR 76.53 (enhanced display) page 34 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Ashland 38°28′36″ 82°38′23″\n Bowling Green 36°59′41″ 86°26′33″\n Covington 39°05′00″ 84°30′29″\n Elizabethtown 37°41′38″ 85°51′35″\n Hazard 37°14′54″ 83°11′31″\n Lexington 38°02′50″ 84°29′46″\n Louisville 38°14′47″ 85°45′49″\n Madisonville 37°19′45″ 87°29′54″\n Morehead 38°10′53″ 83°26′08″\n Murray 36°36′35″ 88°18′39″\n Newport 39°05′28″ 84°29′20″\n Owensboro 37°46′27″ 87°06′46″\n Owenton 38°32′11″ 84°50′16″\n Paducah 37°05′13″ 88°35′56″\n Pikesville 37°28′49″ 82°31′09″\n Somerset 37°05′35″ 84°36′17″\n Louisiana:\n Alexandria 31°18′33″ 92°26′47″\n Baton Rouge 30°26′58″ 91°11′00″\n Houma 29°35′34″ 90°43′09″\n Lafayette 30°13′24″ 92°01′06″\n Lake Charles 30°13′45″ 93°12′52″\n Monroe 32°30′02″ 92°06′55″\n New Orleans 29°56′53″ 90°04′10″\n Shreveport 32°30′46″ 93°44′58″\n West Monroe 32°30′51″ 92°08′13″\n Maine:\n Augusta 44°18′53″ 69°46′29″\n Bangor 44°48′13″ 68°46′18″\n Calais 45°11′04″ 67°16′43″\n Orono 44°53′15″ 68°40′12″\n Poland Spring 44°01′42″ 70°21′40″\n Portland 43°39′33″ 70°15′19″\n Presque Isle 46°40′57″ 68°00′52″\n Maryland:\n Baltimore 39°17′26″ 76°36′45″\n Cumberland 39°39′01″ 78°45′45″\n Hagerstown 39°38′39″ 77°43′15″\n Salisbury 38°21′56″ 75°35′56″\n Massachusetts:\n\n\n47 CFR 76.53 (enhanced display) page 35 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Adams 42°37′30″ 73°07′05″\n Boston 42°21′24″ 71°03′25″\n Cambridge 42°21′58″ 71°06′24″\n Greenfield 42°35′15″ 72°35′54″\n New Bedford 41°38′13″ 70°55′41″\n Springfield 42°06′21″ 72°35′32″\n Worcester 42°15′37″ 71°48′17″\n Michigan:\n Allen Park 42°15′12″ 83°12′57″\n Battle Creek 42°18′58″ 85°10′48″\n Bay City 43°36′04″ 83°53′15″\n Cadillac 44°15′10″ 85°23′52″\n Cheboygan 45°38′38″ 84°28′38″\n Detroit 42°19′48″ 83°02′57″\n Escanaba 45°44′45″ 87°03′18″\n Flint 43°00′50″ 83°41′33″\n Grand Rapids 42°58′03″ 85°40′13″\n Jackson 42°14′43″ 84°24′22″\n Kalamazoo 42°17′29″ 85°35′14″\n Lansing 42°44′01″ 84°33′15″\n Marquette 46°32′37″ 87°23′43″\n Mount Pleasant 43°16′12″ 84°46′31″\n Muskegon 43°14′17″ 86°15′02″\n Onondaga 42°26′41″ 84°33′43″\n Saginaw 43°25′52″ 83°56′05″\n Sault Ste. Marie 46°29′58″ 84°20′37″\n Traverse City 44°45′47″ 85°37′25″\n University Center 43°33′31″ 83°59′09″\n Minnesota:\n Alexandria 45°53′06″ 95°22′39″\n Appleton 45°12′00″ 96°01′02″\n Austin 43°39′57″ 92°58′20″\n Duluth 46°46′56″ 92°06′24″\n Hibbing 47°25′43″ 92°56′21″\n Mankato 44°09′49″ 94°00′09″\n Minneapolis 44°58′57″ 93°15′43″\n Rochester 44°01′21″ 92°28′03″\n St. Cloud 45°33′35″ 94°09′38″\n St. Paul 44°56′50″ 93°05′11″\n Walker 47°05′57″ 94°35′12″\n\n\n47 CFR 76.53 (enhanced display) page 36 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Mississippi:\n Biloxi 30°23′43″ 88°53′08″\n Bude 31°27′46″ 90°50′34″\n Columbus 33°29′40″ 88°25′33″\n Greenwood 33°31′05″ 90°10′55″\n Gulfport 30°22′04″ 89°05′36″\n Jackson 32°17′56″ 90°11′06″\n Laurel 31°41′40″ 89°07′48″\n Meridian 32°21′57″ 88°42′02″\n Oxford 34°22′00″ 89°31′07″\n State College 33°27′18″ 88°47′13″\n Tupelo 34°15′26″ 88°42′30″\n Missouri:\n Cape Girardeau 37°18′29″ 89°31′29″\n Columbia 38°57′03″ 92°19′46″\n Hannibal 39°42′24″ 91°22′45″\n Jefferson City 38°34′40″ 92°10′24″\n Joplin 37°05′26″ 94°30′50″\n Kansas City 39°04′56″ 94°35′20″\n Kirksville 40°11′37″ 92°34′58″\n Poplar Bluff 36°45′20″ 90°23′38″\n St. Joseph 39°45′57″ 94°51′02″\n St. Louis 38°37′45″ 90°12′22″\n Sedalia 38°42′08″ 93°13′26″\n Springfield 37°13′03″ 93°17′32″\n Montana:\n Anaconda 46°07′40″ 112°57′12″\n Billings 45°47′00″ 108°30′04″\n Butte 46°01′06″ 112°32′11″\n Glendive 47°06′42″ 104°43′02″\n Great Falls 47°29′33″ 111°18′23″\n Helena 46°35′33″ 112°02′24″\n Kalispell 48°11′45″ 114°18′44″\n Miles City 46°24′34″ 105°50′30″\n Missoula 46°52′23″ 113°59′29″\n Nebraska:\n Albion 41°41′23″ 97°59′53″\n Alliance 42°06′04″ 102°52′08″\n Bassett 42°35′00″ 99°32′10″\n Grand Island 40°55′33″ 98°20′23″\n\n\n47 CFR 76.53 (enhanced display) page 37 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Hastings 40°35′21″ 98°23′20″\n Hayes Center 40°30′36″ 101°01′18″\n Hay Springs 42°41′03″ 102°41′22″\n Kearney 40°41′58″ 99°04′53″\n Lexington 40°46′30″ 99°44′41″\n Lincoln 40°48′59″ 96°42′15″\n McCook 40°12′02″ 100°37′32″\n Merriman 42°55′07″ 101°42′02″\n Norfolk 42°01′56″ 97°24′42″\n North Platte 41°08′14″ 100°45′43″\n Omaha 41°15′42″ 95°56′14″\n Scottsbluff 41°51′40″ 103°39′00″\n Superior 40°01′12″ 98°04′00″\n Nevada:\n Elko 40°50′00″ 115°45′41″\n Henderson 36°02′00″ 114°58′57″\n Las Vegas 36°10′20″ 115°08′37″\n Reno 39°31′27″ 119°48′40″\n New Hampshire:\n Berlin 44°28′20″ 71°10′43″\n Durham 43°08′02″ 70°55′35″\n Hanover 43°42′03″ 72°17′24″\n Keene 42°56′02″ 72°16′44″\n Lebanon 43°38′34″ 72°15′12″\n Littleton 44°18′22″ 71°46′13″\n Manchester 42°59′28″ 71°27′41″\n New Jersey:\n Atlantic City 39°21′32″ 74°25′53″\n Burlington 40°04′21″ 74°51′47″\n Camden 39°56′45″ 75°07′20″\n Glen Ridge 40°48′16″ 74°12′14″\n Linden 40°37′57″ 74°15′22″\n Newark 40°44′14″ 74°10′19″\n New Brunswick 40°29′38″ 74°26′49″\n Paterson 40°54′51″ 74°09′51″\n Trenton 40°13′16″ 74°45′28″\n Vineland 39°29′13″ 75°01′17″\n Wildwood 38°59′18″ 74°48′43″\n New Mexico:\n Albuquerque 35°05′01″ 106°39′05″\n\n\n47 CFR 76.53 (enhanced display) page 38 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Carlsbad 32°25′09″ 104°13′47″\n Clovis 34°24′11″ 103°12′08″\n Portales 34°10′58″ 103°20′10″\n Roswell 33°23′47″ 104°31′26″\n New York:\n Albany 42°39′01″ 73°45′01″\n Binghamton 42°06′03″ 75°54′47″\n Buffalo 42°52′52″ 78°52′21″\n Carthage 43°58′50″ 75°36′26″\n Elmira 42°05′26″ 76°48′22″\n Garden City 40°43′26″ 73°38′03″\n Ithaca 42°26′33″ 76°29′42″\n Jamestown 42°05′45″ 79°14′40″\n New York 40°45′06″ 73°59′39″\n North Pole 44°23′59″ 73°51′00″\n Norwood 44°45′00″ 75°59′39″\n Oneonta 42°27′21″ 75°03′42″\n Patchogue 40°45′56″ 73°00′42″\n Plattsburgh 44°42′03″ 73°27′07″\n Riverhead 40°55′06″ 72°39′51″\n Rochester 43°09′41″ 77°36′21″\n Schenectady 42°48′52″ 73°56′24″\n Syracuse 43°03′04″ 76°09′14″\n Utica 43°06′12″ 75°13′33″\n Watertown 43°58′30″ 75°54′48″\n North Carolina:\n Asheville 35°35′42″ 82°33′26″\n Chapel Hill 35°54′51″ 79°03′11″\n Charlotte 35°13′44″ 80°50′45″\n Columbia 35°55′06″ 76°15′04″\n Concord 35°24′29″ 80°34′45″\n Durham 35°59′48″ 78°54′00″\n Fayetteville 35°03′12″ 78°52′54″\n Greensboro 36°04′17″ 79°47′25″\n Greenville 35°36′49″ 77°22′22″\n Hickory 35°43′54″ 81°20′20″\n High Point 35°57′14″ 80°00′15″\n Jacksonville 34°45′00″ 77°25′54″\n Linville 36°04′06″ 81°52′16″\n New Bern 35°06′33″ 77°02′23″\n\n\n47 CFR 76.53 (enhanced display) page 39 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Raleigh 35°46′38″ 78°38′21″\n Washington 35°32′35″ 77°03′16″\n Wilmington 34°14′14″ 77°56′58″\n Winston-Salem 36°05′52″ 80°14′42″\n North Dakota:\n Bismark 46°48′23″ 100°47′17″\n Devils Lake 48°06′42″ 98°51′29″\n Dickinson 46°52′55″ 102°47′06″\n Fargo 46°52′30″ 96°47′18″\n Minot 48°14′09″ 101°17′38″\n Pembina 48°58′00″ 97°14′37″\n Valley City 46°55′31″ 98°00′04″\n Williston 48°08′47″ 103°36′59″\n Ohio:\n Akron 41°05′00″ 81°30′44″\n Athens 39°19′38″ 82°06′09″\n Bowling Green 41°22′37″ 83°39′03″\n Canton 40°47′50″ 81°22′37″\n Cincinnati 39°06′07″ 84°30′35″\n Cleveland 41°29′51″ 81°41′50″\n Columbus 39°57′47″ 83°00′17″\n Dayton 39°45′32″ 84°11′43″\n Kettering 39°41′22″ 84°10′07″\n Lima 40°44′29″ 84°06′34″\n Lorain 41°27′48″ 82°10′23″\n Marion 40°35′14″ 83°07′36″\n Newark 40°03′35″ 82°24′15″\n Oxford 39°30′28″ 84°44′26″\n Portsmouth 38°44′06″ 82°59′39″\n Springfield 39°55′38″ 83°48′29″\n Steubenville 40°21′42″ 80°36′53″\n Toledo 41°39′14″ 83°32′39″\n Youngstown 41°05′57″ 80°39′02″\n Zanesville 39°56′59″ 82°00′56″\n Oklahoma:\n Ada 34°46′24″ 96°40′36″\n Ardmore 34°10′18″ 97°07′50″\n Lawton 34°36′27″ 98°23′41″\n Oklahoma City 35°28′26″ 97°31′04″\n Sayre 35°17′34″ 99°38′23″\n\n\n47 CFR 76.53 (enhanced display) page 40 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Tulsa 36°09′12″ 95°59′34″\n Oregon:\n Coos Bay 43°22′02″ 124°13′09″\n Corvallis 44°34′10″ 123°16′12″\n Eugene 44°03′16″ 123°05′30″\n Klamath Falls 42°13′32″ 121°46′32″\n La Grande 45°19′47″ 118°05′45″\n Medford 42°19′33″ 122°52′31″\n Portland 45°31′06″ 122°40′35″\n Roseburg 43°12′34″ 123°20′26″\n Salem 44°56′21″ 123°01′59″\n Pennsylvania:\n Allentown 40°36′11″ 75°28′06″\n Altoona 40°30′55″ 78°24′03″\n Bethlehem 40°37′57″ 75°21′36″\n Clearfield 41°01′20″ 78°26′10″\n Erie 42°07′15″ 80°04′57″\n Harrisburg 40°15′43″ 76°52′59″\n Hershey 40°17′04″ 76°39′01″\n Johnstown 40°19′35″ 78°55′03″\n Lancaster 40°02′25″ 76°18′29″\n Philadelphia 39°56′58″ 75°09′21″\n Pittsburgh 40°26′19″ 80°00′00″\n Reading 40°20′09″ 75°55′40″\n Scranton 41°24′32″ 75°39′46″\n Wilkes-Barre 41°14′32″ 75°53′17″\n York 39°57′35″ 76°43′36″\n Puerto Rico:\n Aguadilla 18°25′53″ 67°09′18″\n Arecibo 18°28′26″ 66°43′39″\n Caguas 18°13′59″ 66°02′06″\n Fajardo 18°19′35″ 65°39′21″\n Mayaguez 18°12′16″ 67°08′36″\n Ponce 18°00′51″ 66°36′58″\n San Juan 18°26′55″ 66°03′55″\n Rhode Island:\n Providence 41°49′32″ 71°24′41″\n South Carolina:\n Allendale 33°00′30″ 81°18′26″\n Anderson 34°30′06″ 82°38′54″\n\n\n47 CFR 76.53 (enhanced display) page 41 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Charleston 32°46′35″ 79°55′53″\n Columbia 34°00′02″ 81°02′00″\n Florence 34°11′49″ 79°46′06″\n Greenville 34°50′50″ 82°24′01″\n Spartanburg 34°57′03″ 81°56′06″\n South Dakota:\n Aberdeen 45°27′31″ 98°29′03″\n Brookings 44°18′38″ 96°47′53″\n Florence 45°03′14″ 97°19′35″\n Lead 44°21′07″ 103°46′03″\n Mitchell 43°42′48″ 98°01′36″\n Pierre 44°22′06″ 100°20′57″\n Rapid City 44°04′52″ 103°13′11″\n Reliance 43°52′45″ 99°36′18″\n Sioux Falls 43°32′35″ 96°43′35″\n Vermillion 42°46′52″ 96°55′35″\n Tennessee:\n Chattanooga 35°02′41″ 85°18′32″\n Jackson 35°36′48″ 88°49′15″\n Johnson City 36°19′04″ 82°20′56″\n Kingsport 36°32′57″ 82°33′44″\n Knoxville 35°57′39″ 83°55′07″\n Lexington 35°38′58″ 88°23′31″\n Memphis 35°08′46″ 90°03′13″\n Nashville 36°09′33″ 86°46′55″\n Sneedville 36°31′46″ 83°13′04″\n Texas:\n Abilene 32°27′05″ 99°43′51″\n Amarillo 35°12′27″ 101°50′04″\n Austin 30°16′09″ 97°44′37″\n Beaumont 30°05′20″ 94°06′09″\n Belton 31°03′31″ 97°27′39″\n Big Spring 32°15′03″ 101°28′38″\n Bryan 30°38′48″ 96°21′31″\n College Station 30°37′05″ 96°20′41″\n Corpus Christi 27°47′51″ 97°23′45″\n Dallas 32°47′09″ 96°47′37″\n El Paso 31°45′36″ 106°29′11″\n Fort Worth 32°44′55″ 97°19′44″\n Galveston 29°18′10″ 94°47′43″\n\n\n47 CFR 76.53 (enhanced display) page 42 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Harlingen 26°11′29″ 97°41′35″\n Houston 29°45′26″ 95°21′37″\n Laredo 27°30′22″ 99°30′30″\n Longview 32°28′24″ 94°43′45″\n Lubbock 33°35′05″ 101°50′33″\n Lufkin 31°20′14″ 94°43′21″\n Midland 31°59′54″ 102°04′31″\n Monahans 31°35′16″ 102°53′26″\n Nacogdoches 31°36′13″ 94°39′20″\n Odessa 31°50′49″ 102°22′01″\n Port Arthur 29°52′09″ 93°56′01″\n Richardson 32°57′06″ 96°44′05″\n Rosenberg 29°33′30″ 95°48′15″\n San Angelo 31°27′39″ 100°26′03″\n San Antonio 29°25′37″ 98°29′06″\n Sweetwater 32°28′24″ 100°24′18″\n Temple 31°06′02″ 97°20′22″\n Texarkana 33°25′29″ 94°02′34″\n Tyler 32°21′21″ 95°17′52″\n Victoria 28°48′01″ 97°00′06″\n Waco 31°33′12″ 97°08′00″\n Weslaco 26°09′24″ 97°59′33″\n Wichita Falls 33°54′34″ 98°29′28″\n Utah:\n Logan 41°44′03″ 111°50′11″\n Ogden 41°13′31″ 111°58′21″\n Provo 40°14′07″ 111°39′34″\n Salt Lake City 40°45′23″ 111°53′26″\n Vermont:\n Burlington 44°28′34″ 73°12′46″\n Rutland 43°36′29″ 72°58′56″\n St. Johnsbury 44°25′16″ 72°01′13″\n Windsor 43°28′38″ 72°23′32″\n Virginia:\n Bristol 36°35′48″ 82°11′04″\n Charlottesville 38°01′52″ 78°28′50″\n Goldvein 38°26′54″ 77°39′19″\n Hampton 37°01′32″ 76°20′32″\n Harrisonburg 38°27′01″ 78°52′07″\n Lynchburg 37°24′51″ 79°08′37″\n\n\n47 CFR 76.53 (enhanced display) page 43 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.53\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Norfolk 36°51′10″ 76°17′21″\n Norton 36°56′05″ 82°37′31″\n Petersburg 37°13′40″ 77°24′15″\n Portsmouth 36°50′12″ 76°17′54″\n Richmond 37°32′15″ 77°26′09″\n Roanoke 37°16′13″ 79°56′44″\n Staunton 38°09′02″ 79°04′34″\n Virgin Islands:\n Charlotte Amalie 18°20′36″ 64°55′53″\n Christiansted 17°44′44″ 64°42′21″\n Washington:\n Bellingham 48°45′02″ 122°28′36″\n Kennewick 46°12′28″ 119°08′32″\n Lakewood Center 47°07′37″ 122°31′15″\n Pasco 46°13′50″ 119°05′27″\n Pullman 46°43′42″ 117°10′46″\n Richland 46°16′36″ 119°16′21″\n Seattle 47°36′32″ 122°20′12″\n Spokane 47°39′32″ 117°25′33″\n Tacoma 47°14′59″ 122°26′15″\n Yakima 46°36′09″ 120°30′39″\n West Virginia:\n Bluefield 37°15′29″ 81°13′20″\n Charleston 38°21′01″ 81°37′52″\n Clarksburg 39°16′50″ 80°20′38″\n Grandview 37°49′28″ 81°04′20″\n Huntington 38°25′12″ 82°26′33″\n Morgantown 39°37′41″ 79°57′28″\n Oak Hill 37°58′31″ 81°08′45″\n Parkersburg 39°15′57″ 81°33′46″\n Weston 39°02′19″ 80°28′05″\n Wheeling 40°04′03″ 80°43′20″\n Wisconsin:\n Eau Claire 44°48′31″ 91°29′49″\n Fond Du Lac 43°46′35″ 88°26′52″\n Green Bay 44°30′48″ 88°00′50″\n Janesville 42°40′52″ 89°01′39″\n Kenosha 42°35′04″ 87°49′14″\n La Crosse 43°48′48″ 91°15′02″\n Madison 43°04′23″ 89°22′55″\n\n\n47 CFR 76.53 (enhanced display) page 44 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.54\nMultichannel Video and Cable Television Service\n\n\n State and community Latitude Longitude\n Milwaukee 43°02′19″ 87°54′15″\n Rhinelander 45°38′09″ 89°24′50″\n Superior 46°43′14″ 92°06′07″\n Wausau 44°57′30″ 89°37′40″\n Wyoming:\n Casper 42°51′00″ 106°19′22″\n Cheyenne 41°08′09″ 104°49′07″\n Rawlins 41°47′23″ 107°14′37″\n Riverton 43°01′29″ 108°23′03″\n\n\n[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 51 FR 18451, May 20, 1986; 51 FR 44608, Dec. 11, 1986;\n54 FR 25716, June 19, 1989; 56 FR 49707, Oct. 1, 1991]\n\n\n§ 76.54 Significantly viewed signals; method to be followed for special showings.\n (a) Signals that are significantly viewed in a county (and thus are deemed to be significantly viewed within all\n communities within the county) are those that are listed in Appendix B of the memorandum opinion and\n order on reconsideration of the Cable Television Report and Order (Docket 18397 et al.), FCC 72–530, and\n those communities listed in the Significantly Viewed List as it appears on the official website of the\n Federal Communications Commission.\n\n (b) Significant viewing in a cable television or satellite community for signals not shown as significantly\n viewed under paragraphs (a) or (d) of this section may be demonstrated by an independent professional\n audience survey of over-the-air television homes that covers at least two weekly periods separated by at\n least thirty (30) days but no more than one of which shall be a week between the months of April and\n September. If two surveys are taken, they shall include samples sufficient to assure that the combined\n surveys result in an average figure at least one standard error above the required viewing level. If surveys\n are taken for more than 2-weekly periods in any 12 months, all such surveys must result in an average\n figure at least one standard error above the required viewing level. If a cable television system serves\n more than one community, a single survey may be taken, provided that the sample includes over-the-air\n television homes from each community that are proportional to the population. A satellite carrier may\n demonstrate significant viewing in more than one community or satellite community through a single\n survey, provided that the sample includes over-the-air television homes from each community that are\n proportional to the population.\n\n (c) Notice of a survey to be made pursuant to paragraph (b) of this section shall be served on all licensees or\n permittees of television broadcast stations within whose predicted noise limited service contour, as\n defined in § 73.622(e) of this chapter, the cable or satellite community or communities are located, in\n whole or in part, and on all other system community units, franchisees, and franchise applicants in the\n cable community or communities at least (30) days prior to the initial survey period. Such notice shall\n include the name of the survey organization and a description of the procedures to be used. Objections to\n survey organizations or procedures shall be served on the party sponsoring the survey within twenty (20)\n days after receipt of such notice.\n\n (d) Signals of television broadcast stations not encompassed by the surveys (for the periods May 1970,\n November 1970 and February/March 1971) used in establishing appendix B of the Memorandum Opinion\n and Order on Reconsideration of Cable Television Report and Order, FCC 72–530, 36 FCC 2d 326 (1972),\n\n47 CFR 76.54(d) (enhanced display) page 45 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.54(e)\nMultichannel Video and Cable Television Service\n\n\n may be demonstrated as significantly viewed on a county-wide basis by independent professional\n audience surveys which cover three separate, consecutive four-week periods and are otherwise\n comparable to the surveys used in compiling the above-referenced appendix B: Provided, however, That\n such demonstration shall be based upon audience survey data for the first three years of the subject\n station's broadcast operations.\n\n (e) Satellite carriers that intend to retransmit the signal of a significantly viewed television broadcast station\n to a subscriber located outside such station's local market, as defined by § 76.55(e), must provide written\n notice to all television broadcast stations that are assigned to the same local market as the intended\n subscriber at least 60 days before commencing retransmission of the significantly viewed station. Such\n satellite carriers must also provide the notifications described in § 76.66(d)(5)(i). Except as provided in\n this paragraph (e), such written notice must be sent via certified mail, return receipt requested, to the\n address for such station(s) as listed in the consolidated database maintained by the Federal\n Communications Commission. After July 31, 2020, such written notice must be delivered to stations\n electronically in accordance with § 76.66(d)(2)(ii).\n\n (f) Satellite carriers that retransmit the signal of a significantly viewed television broadcast station to a\n subscriber located outside such station's local market must list all such stations and the communities to\n which they are retransmitted on their website.\n\n (g) Limitations on satellite subscriber eligibility. A satellite carrier may retransmit a significantly viewed\n network station to a subscriber, provided the conditions in paragraphs (g)(1) and (g)(2) of this section are\n satisfied or one of the two exceptions to these conditions provided in paragraphs (g)(3) and (g)(4) of this\n section apply.\n\n (1) Local service requirement. A satellite carrier may retransmit to a subscriber the signal of a\n significantly viewed station if:\n\n (i) Such subscriber receives local-into-local service pursuant to § 76.66; and\n\n (ii) Such satellite carrier is in compliance with § 76.65 with respect to the stations located in the\n local market into which the significantly viewed station will be retransmitted.\n\n (2) HD format requirement. Subject to the conditions in paragraphs (g)(2)(i) through (iv) of this section, a\n satellite carrier may retransmit to a subscriber in high definition (HD) format the signal of a\n significantly viewed station only if such carrier also retransmits in HD format the signal of a station\n located in the local market of such subscriber and affiliated with the same network whenever such\n format is available from such station, including when the HD signal is broadcast on a multicast\n stream.\n\n (i) The requirement in paragraph (g)(2) of this section applies only where a satellite carrier\n retransmits to a subscriber the significantly viewed station in HD format, and does not restrict a\n satellite carrier from retransmitting to a subscriber a significantly viewed station in standard\n definition (SD) format.\n\n (ii) For purposes of paragraph (g)(2) of this section, the term “HD format” refers to a picture quality\n resolution of 720p, 1080i, or higher.\n\n (iii) For purposes of paragraph (g)(2) of this section, the local station's HD signal will be considered\n “available” to the satellite carrier when the station:\n\n (A) Elects mandatory carriage or grants retransmission consent;\n\n\n47 CFR 76.54(g)(2)(iii)(A) (enhanced display) page 46 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.54(g)(2)(iii)(B)\nMultichannel Video and Cable Television Service\n\n\n (B) Provides a good quality HD signal to the satellite carrier's local receive facility (LRF); and\n\n (C) Complies with the requirements of §§ 76.65 and 76.66.\n\n (iv) Notwithstanding the provisions of paragraph (g)(2)(iii) of this section, if the local station is\n willing to grant retransmission consent and make its HD signal available to the satellite carrier,\n but the satellite carrier does not negotiate with the local station in good faith, as required by §\n 76.65, then the local station's HD signal will be deemed “available” for purposes of paragraph\n (g)(2) of this section.\n\n (3) Exception if no network affiliate in local market. The limitations in paragraphs (g)(1) and (g)(2) of this\n section will not prohibit a satellite carrier from retransmitting a significantly viewed network station\n to a subscriber located in a local market in which there are no network stations affiliated with the\n same television network as the significantly viewed station.\n\n (4) Exception if waiver granted by local station. The limitations in paragraphs (g)(1) and (g)(2) of this\n section will not apply if, and to the extent that, the local network station affiliated with the same\n television network as the significantly viewed station has granted a waiver in accordance with 47\n U.S.C. 340(b)(4).\n\n (h) [Reserved]\n\n (i) For purposes of paragraph (g) of this section, television network and network station are as defined in 47\n U.S.C. 339(d).\n\n (j) Notwithstanding the requirements of this section, the signal of a television broadcast station will be\n deemed to be significantly viewed if such station is shown to qualify for such status pursuant to 47 U.S.C.\n 341(a).\n\n (k) Notwithstanding the other provisions of this section, a satellite carrier may not retransmit as significantly\n viewed the signal of a television broadcast station into the Designated Market Areas identified in 47\n U.S.C. 341(b).\n\n[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 40 FR 48930, Oct. 20, 1975; 41 FR 32429, Aug. 3, 1976; 42\nFR 19346, Apr. 13, 1977; 53 FR 17051, May 13, 1988; 56 FR 33392, July 22, 1991; 70 FR 76529, Dec. 27, 2005; 75 FR 72986, Nov.\n29, 2010; 85 FR 16004, Mar. 20, 2020]\n\n\n§ 76.55 Definitions applicable to the must-carry rules.\nFor purposes of the must-carry rules set forth in this subpart, the following definitions apply:\n\n (a) Qualified noncommercial educational (NCE) television station. A qualified NCE television station is any\n television broadcast station which\n\n (1)\n\n (i) Under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by\n the Commission as an NCE television broadcast station and which is owned and operated by a\n public agency, nonprofit foundation, corporation, or association; and\n\n\n\n\n47 CFR 76.55(a)(1)(i) (enhanced display) page 47 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.55(a)(1)(ii)\nMultichannel Video and Cable Television Service\n\n\n (ii) Has as its licensee an entity which is eligible to receive a community service grant, or any\n successor grant thereto, from the Corporation for Public Broadcasting, or any successor\n organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of the\n Communications Act of 1934, as amended; or\n\n (2) Is owned and operated by a municipality and transmits noncommercial programs for educational\n programs for educational purposes, as defined in § 73.621 of this chapter, for at least 50 percent of\n its broadcast week.\n\n (3) This definition includes:\n\n (i) The translator of any NCE television station with five watts or higher power serving the\n franchise area,\n\n (ii) A full-service station or translator if such station or translator is licensed to a channel reserved\n for NCE use pursuant to § 73.606 of this chapter, or any successor regulations thereto, and\n\n (iii) Such stations and translators operating on channels not so reserved but otherwise qualified as\n NCE stations.\n\n\n Note to paragraph (a): For the purposes of § 76.55(a), “serving the franchise area” will be\n based on the predicted protected contour of the NCE translator.\n\n (b) Qualified local noncommercial educational (NCE) television station. A qualified local NCE television station\n is a qualified NCE television station:\n\n (1) That is licensed to a community whose reference point, as defined in § 76.53 is within 80.45 km (50\n miles) of the principal headend, as defined in § 76.5(pp), of the cable system; or\n\n (2) Whose Grade B service contour encompasses the principal headend, as defined in § 76.5(pp), of the\n cable system.\n\n (3) Notwithstanding the provisions of this section, a cable operator shall not be required to add the\n signal of a qualified local noncommercial educational television station not already carried under the\n provision of § 76.56(a)(5), where such signal would be considered a distant signal for copyright\n purposes unless such station agrees to indemnify the cable operator for any increased copyright\n liability resulting from carriage of such signal on the cable system.\n\n (c) Local commercial television station. A local commercial television station is any full power television\n broadcast station, other than a qualified NCE television station as defined in paragraph (a) of this section,\n licensed and operating on a channel regularly assigned to its community by the Commission that, with\n respect to a particular cable system, is within the same television market, as defined below in paragraph\n (e) of this section, as the cable system, except that the term local commercial television station does not\n include:\n\n (1) Low power television stations, television translator stations, and passive repeaters with operate\n pursuant to part 74 of this chapter.\n\n (2) A television broadcast station that would be considered a distant signal under the capable\n compulsory copyright license, 17 U.S.C. 111, if such station does not agree to indemnify the cable\n operator for any increased copyright liability resulting from carriage on the cable system; or\n\n\n\n47 CFR 76.55(c)(2) (enhanced display) page 48 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.55(c)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) A television broadcast station that does not deliver to the principal headend, as defined in § 76.5(pp),\n of a cable system a signal level of −45dBm for analog UHF signals, −49dBm for analog VHF signals,\n or −61dBm for digital signals at the input terminals of the signal processing equipment, i.e., the input\n to the first active component of the signal processing equipment relevant to the signal at issue, if\n such station does not agree to be responsible for the costs of delivering to the cable system a signal\n of good quality or a baseband video signal.\n\n (d) Qualified low power station. A qualified low power station is any television broadcast station conforming\n to the low power television rules contained in part 74 of this chapter, only if:\n\n (1) Such station broadcasts for at least the minimum number of hours of operation required by the\n Commission for full power television broadcast stations under part 73 of this chapter;\n\n (2) Such station meets all obligations and requirements applicable to full power television broadcast\n stations under part 73 of this chapter, with respect to the broadcast of nonentertainment\n programming; programming and rates involving political candidates, election issues, controversial\n issues of public importance, editorials, and personal attacks; programming for children; and equal\n employment opportunity; and the Commission determines that the provision of such programming\n by such station would address local news and informational needs which are not being adequately\n served by full power television broadcast stations because of the geographic distance of such full\n power stations from the low power station's community of license;\n\n (3) Such station complies with interference regulations consistent with its secondary status pursuant to\n part 74 of this chapter;\n\n (4) Such station is located no more than 56.32 km (35 miles) from the cable system's principal headend,\n as defined in § 76.5(pp), and delivers to that headend an over-the-air signal of good quality;\n\n (5) The community of license of such station and the franchise area of the cable system are both\n located outside of the largest 160 Metropolitan Statistical Areas, ranked by population, as\n determined by the Office of Management and Budget on June 30, 1990, and the population of such\n community of license on such date did not exceed 35,000; and\n\n (6) There is no full power television broadcast station licensed to any community within the county or\n other equivalent political subdivision (of a State) served by the cable system.\n\n\n Note to paragraph (d): For the purposes of this section, for over-the-air broadcast, a good\n quality signal shall mean a signal level of either −45 dBm for analog VHF signals, −49 dBm for\n analog UHF signals, or −61 dBm for digital signals (at all channels) at the input terminals of\n the signal processing equipment.\n\n (e) Television market.\n\n (1) Until January 1, 2000, a commercial broadcast television station's market, unless amended pursuant\n to § 76.59, shall be defined as its Area of Dominant Influence (ADI) as determined by Arbitron and\n published in the Arbitron 1991–1992 Television ADI Market Guide, as noted below, except that for\n areas outside the contiguous 48 states, the market of a station shall be defined using Nielsen's\n Designated Market Area (DMA), where applicable, as published in the Nielsen 1991–92 DMA Market\n and Demographic Rank Report, and that Puerto Rico, the U.S. Virgin Islands, and Guam will each be\n considered a single market.\n\n\n47 CFR 76.55(e)(1) (enhanced display) page 49 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.55(e)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) A commercial broadcast station's market, unless amended pursuant to § 76.59, shall be defined as\n its Designated Market Area (DMA) as determined by Nielsen Media Research and published in its\n Nielsen Local TV Station Information Report or any successor publications.\n\n (i) The applicable DMA list for the 2023 election pursuant to § 76.64(f) will be the DMA\n assignments specified in the Nielsen October 2021 Local TV Station Information Report, and so\n forth using the publications for the October two years prior to each triennial election pursuant\n to § 76.64(f).\n\n (ii) The applicable DMA list for the 2002 election pursuant to § 76.64(f) will be the DMA\n assignments specified in the 2000–2001 list, and so forth for each triennial election pursuant\n to § 76.64(f).\n\n (3) In addition, the county in which a station's community of license is located will be considered within\n its market.\n\n (4) A cable system's television market(s) shall be the one or more ADI markets in which the\n communities it serves are located until January 1, 2000, and the one or more DMA markets in which\n the communities it serves are located thereafter.\n\n (5) In the absence of any mandatory carriage complaint or market modification petition, cable operators\n in communities that shift from one market to another, due to the change in 1999–2000 from ADI to\n DMA, will be permitted to treat their systems as either in the new DMA market, or with respect to the\n specific stations carried prior to the market change from ADI to DMA, as in both the old ADI market\n and the new DMA market.\n\n (6) If the change from the ADI market definition to the DMA market definition in 1999–2000 results in\n the filing of a mandatory carriage complaint, any affected party may respond to that complaint by\n filing a market modification request pursuant to § 76.59, and these two actions may be jointly\n decided by the Commission.\n\n\n Note to paragraph (e): For the 1996 must-carry/retransimission consent election, the ADI\n assignments specified in the 1991–1992 Television ADI Market Guide, available from the\n Arbitron Ratings Co., 9705 Patuxent Woods Drive, Columbia, MD, will apply. For the 1999\n election, which becomes effective on January 1, 2000, DMA assignments specified in the\n 1997–98 DMA Market and Demographic Rank Report, available from Nielsen Media Research,\n 299 Park Avenue, New York, NY, shall be used. The applicable DMA list for the 2002 election\n will be the 2000–2001 list, etc.\n\n (f) Network. For purposes of the must-carry rules, a commercial television network is an entity that offers\n programming on a regular basis for 15 or more hours per week to at least 25 affiliates in 10 or more\n states.\n\n[58 FR 17359, Apr. 2, 1993, as amended at 58 FR 44951, Aug. 25, 1993; 59 FR 62344, Dec. 5, 1994; 61 FR 29313, June 10, 1996;\n64 FR 42617, Aug. 5, 1999; 68 FR 17312, Apr. 9, 2003; 73 FR 5685, Jan. 30, 2008; 83 FR 7626, Feb. 22, 2018; 87 FR 74988, Dec. 7,\n2022]\n\n\n\n\n47 CFR 76.55(f) (enhanced display) page 50 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.56\nMultichannel Video and Cable Television Service\n\n\n§ 76.56 Signal carriage obligations.\n (a) Carriage of qualified noncommercial educational stations. A cable television system shall carry qualified\n NCE television stations in accordance with the following provisions:\n\n (1) Each cable operator shall carry on its cable television system any qualified local NCE television\n station requesting carriage, except that\n\n (i) Systems with 12 or fewer usable activated channels, as defined in § 76.5(oo), shall be required\n to carry the signal of one such station;\n\n (ii) Systems with 13 to 36 usable activated channels, as defined in § 76.5(oo), shall be required to\n carry at least one qualified local NCE station, but not more than three such stations; and\n\n (iii) Systems with more than 36 usable activated channels shall be required to carry the signals of\n all qualified local NCE television stations requesting carriage, but in any event at least three\n such signals; however a cable system with more than 36 channels shall not be required to carry\n an additional qualified local NCE station whose programming substantially duplicates the\n programming of another qualified local NCE station being carried on the system.\n\n\n Note: For purposes of this paragraph, a station will be deemed to “substantially\n duplicate” the programming of another station if it broadcasts the same programming,\n simultaneous or non-simultaneous, for more than 50 percent of prime time, as defined in\n § 76.5(n), and more than 50 percent outside of prime time over a three-month period.\n\n (2)\n\n (i) In the case of a cable system with 12 or fewer channels that operates beyond the presence of\n any qualified local NCE stations, the cable operator shall import one qualified NCE television\n station.\n\n (ii) A cable system with between 13 and 36 channels that operates beyond the presence of any\n qualified local NCE stations, the cable operator shall import at least one qualified NCE\n television station.\n\n (3) A cable system with 12 or fewer usable activated channels shall not be required to remove any\n programming service provided to subscribers as of March 29, 1990, to satisfy these requirements,\n except that the first available channel must be used to satisfy these requirements.\n\n (4) A cable system with 13 to 36 usable activated channels which carries the signal of a qualified local\n NCE station affiliated with a State public television network shall not be required to carry more than\n one qualified local NCE station affiliated with such network, if the programming of such additional\n stations substantially duplicates, as defined in the note in paragraph (a)(1) of this section, the\n programming of a qualified local NCE television station receiving carriage.\n\n (5) Notwithstanding the requirements of paragraph (a)(1) of this section, all cable operators shall\n continue to provide carriage to all qualified local NCE television stations whose signals were carried\n on their systems as of March 29, 1990. In the case of a cable system that is required to import a\n distance qualified NCE signal, and such system imported the signal of a qualified NCE station as of\n March 29, 1990, such cable system shall continue to import such signal until such time as a qualified\n\n\n\n47 CFR 76.56(a)(5) (enhanced display) page 51 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.56(b)\nMultichannel Video and Cable Television Service\n\n\n local NCE signal is available to the cable system. This requirements may be waived with respect to a\n particular cable operator and a particular NCE station, upon the written consent of the cable operator\n and the station.\n\n (b) Carriage of local commercial television stations. A cable television system shall carry local commercial\n broadcast television stations in accordance with the following provisions:\n\n (1) A cable system with 12 or fewer usable activated channels, as defined in § 76.5(oo), shall carry the\n signals of at least three qualified local commercial television stations, except that if such system\n serves 300 or fewer subscribers it shall not be subject to these requirements as long as it does not\n delete from carriage the signal of a broadcast television station which was carried on that system on\n October 5, 1992.\n\n (2) A cable system with more than 12 usable activated channels, as defined in § 76.5(oo), shall carry\n local commercial television stations up to one-third of the aggregate number of usable activated\n channels of such system.\n\n (3) If there are not enough local commercial television stations to fill the channels set aside under\n paragraphs (b)(1) and (b)(2) of this section, a cable operator of a system with 35 or fewer usable\n activated channels, as defined in § 76.5(oo), shall, if such stations exist, carry one qualified low\n power television station and a cable system with more than 35 usable activated channels shall carry\n two qualified low power stations.\n\n (4) Whenever the number of local commercial television stations exceeds the maximum number of\n signals a cable system is required to carry under paragraph (b)(1) or (b)(2) of this section, the cable\n operator shall have discretion in selecting which such stations shall be carried on its cable system,\n except that\n\n (i) Under no circumstances shall a cable operator carry a qualified low power station in lieu of a\n local commercial television station; and\n\n (ii) If the cable operator elects to carry an affiliate of a broadcast network, as defined in § 76.55(f),\n such cable operator shall carry the affiliate of such broadcast network whose community of\n license reference point, as defined in § 76.53, is closest to the principal headend, as defined in\n § 76.5(pp), of the cable system.\n\n (5) A cable operator is not required to carry the signal of any local commercial television station that\n substantially duplicates the signal of another local commercial television station that is carried on\n its cable system, or to carry the signals of more than one local commercial television station\n affiliated with a particular broadcast network, as defined in § 76.55(f). However, if a cable operator\n declines to carry duplicating signals, such cable operator shall carry the station whose community of\n license reference point, as defined in § 76.53, is closest to the principal headend of the cable\n system. For purposes of this paragraph, substantially duplicates means that a station regularly\n simultaneously broadcasts the identical programming as another station for more than 50 percent\n of the broadcast week. For purposes of this definition, only identical episodes of a television series\n are considered duplicative and commercial inserts are excluded from the comparison. When the\n stations being compared are licensed to communities in different time zones, programming aired by\n a station within one hour of the identical program being broadcast by another station will be\n considered duplicative.\n\n (6) [Reserved]\n\n\n47 CFR 76.56(b)(6) (enhanced display) page 52 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.56(b)(7)\nMultichannel Video and Cable Television Service\n\n\n (7) A local commercial television station carried to fulfill the requirements of this paragraph, which\n subsequently elects retransmission consent pursuant to § 76.64, shall continue to be carried by the\n cable system until the effective date of such retransmission consent election.\n\n (c) Use of public, educational, or governmental (PEG) channels. A cable operator required to carry more than\n one signal of a qualified low power station or to add qualified local NCE stations in fulfillment of these\n must-carry obligations may do so, subject to approval by the franchising authority pursuant to Section 611\n of the Communications Act of 1934, as amended, by placing such additional station on public,\n educational, or governmental channels not in use for their designated purposes.\n\n (d) Availability of signals.\n\n (1) Local commercial television stations carried in fulfillment of the requirements of this section shall be\n provided to every subscriber of a cable system. Such signals shall be viewable via cable on all\n television receivers of a subscriber which are connected to a cable system by a cable operator or for\n which a cable operator provides a connection.\n\n (2) Qualified local NCE television stations carried in fulfillment of the carriage obligations of a cable\n operator under this section shall be available to every subscriber as part of the cable system's lowest\n priced service tier that includes the retransmission of local commercial television broadcast signals.\n\n (e) Carriage of additional broadcast television signals on such system shall be at the discretion of the cable\n operator, subject to the retransmission consent rules, § 76.64. A cable system may also carry any\n ancillary or other transmission contained in the broadcast television signal.\n\n (f) Calculation of broadcast signals carried. When calculating the portion of a cable system devoted to\n carriage of local commercial television stations under paragraph (b) of this section, a cable operator may\n count the primary video and program-related signals of all such stations, and any alternative-format\n versions of those signals, that they carry.\n\n (g) Channel sharing carriage rights. A broadcast television station that voluntarily relinquishes spectrum\n usage rights under 73.3700 of this chapter in order to share a television channel and that possessed\n carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 338; 534;\n 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that\n would apply to such station at such location if it were not sharing a channel.\n\n (h) Next Gen TV carriage rights.\n\n (1) A broadcast television station that chooses to deploy Next Gen TV service, see § 73.682(f) of this\n chapter, may assert mandatory carriage rights under this section only with respect to its ATSC 1.0\n signal and may not assert mandatory carriage rights with respect to its ATSC 3.0 signal.\n\n (2) With respect to a Next Gen TV station that moves its 1.0 simulcast signal to a host station's (i.e., a\n station whose facilities are being used to transmit programming originated by another station)\n facilities, the station may assert mandatory carriage rights under this section only if it:\n\n (i) Qualified for, and has been exercising, mandatory carriage rights at its original location; and\n\n (ii) Continues to qualify for mandatory carriage at the host station's facilities, including (but not\n limited to) delivering a good quality 1.0 signal to the cable system principal headend, or\n agreeing to be responsible for the costs of delivering such 1.0 signal to the cable system.\n\n\n Note 1 to § 76.56: Section 76.1620 provides notification requirements for a cable operator who\n\n47 CFR 76.56(h)(2)(ii) (enhanced display) page 53 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.57\nMultichannel Video and Cable Television Service\n\n\n\n authorizes subscribers to install additional receiver connections, but does not provide the\n subscriber with such connections, or with the equipment and materials for such connections.\n\n\n Note 2 to § 76.56: Section 76.1614 provides response requirements for a cable operator who\n receives a written request to identify its must-carry signals.\n\n\n Note 3 to § 76.56: Section 76.1709 provides recordkeeping requirements with regard to a cable\n operator's list of must-carry signals.\n\n\n[58 FR 17360, Apr. 2, 1993, as amended at 58 FR 39161, July 22, 1993; 58 FR 40368, July 28, 1993; 59 FR 62344, Dec. 5, 1994; 65\nFR 53614, Sept. 5, 2000; 66 FR 16553, Mar. 26, 2001; 73 FR 6054, Feb. 1, 2008; 77 FR 30426, May 23, 2012; 77 FR 36192, June 18,\n2012; 83 FR 5028, Feb. 2, 2018; 83 FR 7626, Feb. 22, 2018]\n\n\n§ 76.57 Channel positioning.\n (a) At the election of the licensee of a local commercial broadcast television station, and for the purpose of\n this section, a qualified low power television station, carried in fulfillment of the must-carry obligations, a\n cable operator shall carry such signal on the cable system channel number on which the local commercial\n television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, or\n on the channel on which it was carried on January 1, 1992.\n\n (b) At the election of the licensee of a qualified local NCE broadcast television station carried in fulfillment of\n the must-carry obligations, a cable operator shall carry such signal on the cable system channel number\n on which the qualified NCE television station is broadcast over the air, or on the channel on which it was\n carried on July 19, 1985.\n\n (c) With respect to digital signals of a television station carried in fulfillment of the must-carry obligations, a\n cable operator shall carry the information necessary to identify and tune to the broadcast television\n signal.\n\n (d) Any signal carried in fulfillment of the must-carry obligations may be carried on such other channel\n number as is mutually agreed upon by the station and the cable operator.\n\n (e) At the time a local commercial station elects must-carry status pursuant to § 76.64, such station shall\n notify the cable system of its choice of channel position as specified in paragraphs (a), (b), and (d) of this\n section. A qualified NCE station shall notify the cable system of its choice of channel position when it\n requests carriage.\n\n (f) Pursuant to § 76.64(f)(3), a local commercial broadcast television station that fails to make an election is\n deemed a must-carry station. A cable operator shall carry such a television station on the cable system\n channel number on which the local commercial television station is broadcast over the air, or on the\n channel on which it was carried on July 19, 1985, or on the channel on which it was carried on January 1,\n 1992. In the event that none of these specified channel positions is available due to a channel positioning\n request from a commercial television station affirmatively asserting its must-carry rights or such a\n request from a qualified local noncommercial educational station, the cable operator shall place the\n signal of such a television station on a channel of the cable system's choice, so long as that channel is\n included on the basic service tier.\n\n47 CFR 76.57(f) (enhanced display) page 54 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.59\nMultichannel Video and Cable Television Service\n\n\n\n Note to § 76.57: Any existing agreement for channel position between a local commercial station\n entitled to must-carry status and a cable operator entered into prior to June 26, 1990, may\n continue through the expiration of such agreement.\n\n\n[58 FR 17361, Apr. 2, 1993, as amended at 58 FR 40368, July 28, 1993; 59 FR 62345, Dec. 5, 1994; 66 FR 16553, Mar. 26, 2001; 83\nFR 7626, Feb. 22, 2018]\n\n\n§ 76.59 Modification of television markets.\n (a) The Commission, following a written request from a broadcast station, cable system, satellite carrier or\n county government (only with respect to satellite modifications), may deem that the television market, as\n defined either by § 76.55(e) or § 76.66(e), of a particular commercial television broadcast station should\n include additional communities within its television market or exclude communities from such station's\n television market. In this respect, communities may be considered part of more than one television\n market.\n\n (b) Such requests for modification of a television market shall be submitted in accordance with § 76.7,\n petitions for special relief, and shall include the following evidence:\n\n (1) A map or maps illustrating the relevant community locations and geographic features, station\n transmitter sites, cable system headend or satellite carrier local receive facility locations, terrain\n features that would affect station reception, mileage between the community and the television\n station transmitter site, transportation routes and any other evidence contributing to the scope of the\n market.\n\n (2) Noise-limited service contour maps (for full-power digital stations) or protected contour maps (for\n Class A and low power television stations) delineating the station's technical service area and\n showing the location of the cable system headends or satellite carrier local receive facilities and\n communities in relation to the service areas.\n\n\n Note to paragraph (b)(2): Service area maps using Longley-Rice (version 1.2.2) propagation\n curves may also be included to support a technical service exhibit.\n\n (3) Available data on shopping and labor patterns in the local market.\n\n (4) Television station programming information derived from station logs or the local edition of the\n television guide.\n\n (5) Cable system or satellite carrier channel line-up cards or other exhibits establishing historic carriage,\n such as television guide listings.\n\n (6) Published audience data for the relevant station showing its average all day audience (i.e., the\n reported audience averaged over Sunday–Saturday, 7 a.m.–1 a.m., or an equivalent time period) for\n both multichannel video programming distributor (MVPD) and non-MVPD households or other\n specific audience indicia, such as station advertising and sales data or viewer contribution records.\n\n (7) If applicable, a statement that the station is licensed to a community within the same state as the\n relevant community.\n\n\n47 CFR 76.59(b)(7) (enhanced display) page 55 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.59(c)\nMultichannel Video and Cable Television Service\n\n\n (c) Petitions for Special Relief to modify television markets that do not include such evidence shall be\n dismissed without prejudice and may be refiled at a later date with the appropriate filing fee.\n\n (d) A cable operator or satellite carrier shall not delete from carriage the signal of a commercial television\n station during the pendency of any proceeding pursuant to this section.\n\n (e) A market determination under this section shall not create additional carriage obligations for a satellite\n carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by\n means of its satellites in operation at the time of the determination.\n\n (f) No modification of a commercial television broadcast station's local market pursuant to this section shall\n have any effect on the eligibility of households in the community affected by such modification to receive\n distant signals from a satellite carrier pursuant to 47 U.S.C. 339.\n\n[58 FR 17361, Apr. 2, 1993, as amended at 64 FR 33796, June 24, 1999; 67 FR 53892, Aug. 22, 2002; 80 FR 59663, Oct. 2, 2015]\n\n\n§ 76.60 Compensation for carriage.\nA cable operator is prohibited from accepting or requesting monetary payment or other valuable consideration in\nexchange either for carriage or channel positioning of any broadcast television station carried in fulfillment of the\nmust-carry requirements, except that\n\n (a) Any such station may be required to bear the costs associated with delivering a good quality signal or a\n baseband video signal to the principal headend of the cable system; or\n\n (b) A cable operator may accept payments from stations which would be considered distant signals under\n the cable compulsory copyright license, 17 U.S.C. 111, as indemnification for any increased copyright\n liability resulting from carriage of such signal.\n\n\n Note: A cable operator may continue to accept monetary payment or other valuable consideration\n in exchange for carriage or channel positioning of the signal of any local commercial television\n station carried in fulfillment of the must-carry requirements, through, but not beyond, the date of\n expiration of an agreement between a cable operator and a local commercial television station\n entered into prior to June 26, 1990.\n\n (c) A cable operator may accept payments from stations pursuant to a retransmission consent agreement,\n even if such station will be counted towards the must-carry complement, as long as all other applicable\n rules are adhered to.\n\n[58 FR 17362, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994]\n\n\n§ 76.61 Disputes concerning carriage.\n (a) Complaints regarding carriage of local commercial television stations.\n\n\n\n\n47 CFR 76.61(a) (enhanced display) page 56 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.61(a)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Whenever a local commercial television station or a qualified low power television station believes\n that a cable operator has failed to meet its carriage or channel positioning obligations, pursuant to\n §§ 76.56 and 76.57, such station shall notify the operator, in writing, of the alleged failure and\n identify its reasons for believing that the cable operator is obligated to carry the signal of such\n station or position such signal on a particular channel.\n\n (2) The cable operator shall, within 30 days of receipt of such written notification, respond in writing to\n such notification and either commence to carry the signal of such station in accordance with the\n terms requested or state its reasons for believing that it is not obligated to carry such signal or is in\n compliance with the channel positioning and repositioning and other requirements of the must-carry\n rules. If a refusal for carriage is based on the station's distance from the cable system's principal\n headend, the operator's response shall include the location of such headend. If a cable operator\n denies carriage on the basis of the failure of the station to deliver a good quality signal at the cable\n system's principal headend, the cable operator must provide a list of equipment used to make the\n measurements, the point of measurement and a list and detailed description of the reception and\n over-the-air signal processing equipment used, including sketches such as block diagrams and a\n description of the methodology used for processing the signal at issue, in its response.\n\n (3) A local commercial television station or qualified low power television station that is denied carriage\n or channel positioning or repositioning in accordance with the must-carry rules by a cable operator\n may file a complaint with the Commission in accordance with the procedures set forth in § 76.7 of\n this part. In addition to the requirements of § 76.7 of this part, such complaint shall specifically:\n\n (i) Allege the manner in which such cable operator has failed to meet its obligations and the basis\n for such allegations.\n\n (ii) Be accompanied by the notice from the complainant to the cable television system operator,\n and the cable television system operator's response, if any. If no timely response was received,\n the complaint shall so state.\n\n (iii) Establish the complaint is being filed within the sixty-day deadline stated in paragraph (a)(5) of\n this section.\n\n (4) If the Commission determines that a cable operator has failed to meet its must-carry obligations, the\n Commission shall order that, within 45 days of such order or such other time period as the\n Commission may specify, the cable operator reposition the complaining station or, in the case of an\n obligation to carry a station, commence or resume carriage of the station and continue such\n carriage for at least 12 months. If the Commission determines that the cable operator has fully met\n the must-carry requirements, it shall dismiss the complaint.\n\n (5) No must-carry complaint filed pursuant to paragraph (a) of this section will be accepted by the\n Commission if filed more than sixty (60) days after—\n\n (i) The denial by a cable television system operator of request for carriage or channel position\n contained in the notice required by paragraph (a)(1) of this section, or\n\n (ii) The failure to respond to such notice within the time period allowed by paragraph (a)(2) of this\n section.\n\n (b) Complaints regarding carriage of qualified local NCE television stations.\n\n\n\n\n47 CFR 76.61(b) (enhanced display) page 57 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.61(b)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Whenever a qualified local NCE television station believes that a cable operator has failed to comply\n with the signal carriage or channel positioning requirements, pursuant to §§ 76.56 through 76.57 of\n this part, the station may file a complaint with the Commission in accordance with the procedures\n set forth in § 76.7 of this part. In addition to the requirements of § 76.7 of this part, such complaint\n shall specifically:\n\n (i) Allege the manner in which such cable operator has failed to comply with such requirements\n and state the basis for such allegations.\n\n (ii) Be accompanied by any relevant correspondence between the complainant and the cable\n television system operator.\n\n (2) If the Commission determines that a cable operator has failed to meet its must-carry obligations, the\n Commission shall order that, within 45 days of such order or such other period as the Commission\n may specify, the cable operator reposition the complaining station or, in the case of an obligation to\n carry a station, commence or resume carriage of the station and continue such carriage for a period\n of time the Commission deems appropriate for the specific case under consideration. If the\n Commission determines that the cable operator has fully met the must-carry requirements, it shall\n dismiss the complaint.\n\n (3) With respect to must-carry complaints filed pursuant to paragraph (b) of this section, such\n complaints may be filed at any time the complainant believes that the cable television system\n operator has failed to comply with the applicable provisions of subpart D of this part.\n\n[58 FR 17362, Apr. 2, 1993, as amended at 64 FR 6572, Feb. 10, 1999]\n\n\n§ 76.62 Manner of carriage.\n (a) Cable operators shall carry the entirety of the program schedule of any television station (including low\n power television stations) carried by the system unless carriage of specific programming is prohibited,\n and other programming authorized to be substituted, under § 76.67 or subpart F of part 76, or unless\n carriage is pursuant to a valid retransmission consent agreement for the entire signal or any portion\n thereof as provided in § 76.64.\n\n (b) Each digital television broadcast signal carried shall be carried without material degradation. Each analog\n television broadcast signal carried shall be carried without material degradation and in compliance with\n technical standards set forth in subpart K of this part.\n\n (c) Each local commercial television station whose signal is carried shall, to the extent technically feasible\n and consistent with good engineering practice, be provided no less than the same quality of signal\n processing and carriage provided for carriage of any other type of standard television signal.\n\n (d) Each qualified local noncommercial educational television station whose signal is carried shall be\n provided with bandwidth and technical capacity equivalent to that provided to commercial television\n broadcast stations carried.\n\n (e) Each commercial broadcast television station carried pursuant to § 76.56 shall include in its entirety the\n primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical\n blanking interval and, to the extent technically feasible, program-related material carried in the vertical\n blanking interval or on subcarriers. Where appropriate and feasible, operators may delete signal\n enhancements, such as ghost-canceling, from the broadcast signal and employ such enhancements at\n the system headend or headends.\n\n47 CFR 76.62(e) (enhanced display) page 58 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.62(f)\nMultichannel Video and Cable Television Service\n\n\n (f) Each qualified local NCE television station carried pursuant to § 76.56 shall include in its entirety the\n primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical\n blanking interval and, to the extent technically feasible, program-related material carried in the vertical\n blanking interval or on subcarriers, that may be necessary for receipt of programming by handicapped\n persons or for educational or language purposes.\n\n (g) With respect to carriage of digital signals, operators are not required to carry ancillary or supplementary\n transmissions or non-program related video material.\n\n (h) If a digital television broadcast signal is carried in accordance with § 76.62(b) and either (c) or (d), the\n carriage of that signal in additional formats does not constitute material degradation.\n\n[58 FR 17362, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994; 66 FR 16553, Mar. 26, 2001; 73 FR 6054, Feb. 1, 2008]\n\n\n§ 76.64 Retransmission consent.\n (a) No multichannel video programming distributor shall retransmit the signal of any commercial\n broadcasting station without the express authority of the originating station, except as provided in\n paragraph (b) of this section.\n\n (b) A commercial broadcast signal may be retransmitted without express authority of the originating station\n if—\n\n (1) The distributor is a cable system and the signal is that of a commercial television station (including a\n low-power television station) that is being carried pursuant to the Commission's must-carry rules set\n forth in § 76.56;\n\n (2) The multichannel video programming distributor obtains the signal of a superstation that is\n distributed by a satellite carrier and the originating station was a superstation on May 1, 1991, and\n the distribution is made only to areas outside the local market of the originating station; or\n\n (3) The distributor is a satellite carrier and the signal is transmitted directly to a home satellite antenna,\n provided that:\n\n (i) The broadcast station is not owned or operated by, or affiliated with, a broadcasting network\n and its signal was retransmitted by a satellite carrier on May 1, 1991, or\n\n (ii) The broadcast station is owned or operated by, or affiliated with a broadcasting network, and\n the household receiving the signal is an unserved household. This paragraph shall terminate at\n midnight on December 31, 2019, provided that if Congress further extends this date, the rules\n remain in effect until the statutory authorization expires.\n\n (c) For purposes of this section, the following definitions apply:\n\n (1) A satellite carrier is an entity that uses the facilities of a satellite or satellite service licensed by the\n Federal Communications Commission, to establish and operate a channel of communications for\n point-to-multipoint distribution of television station signals, and that owns or leases a capacity or\n service on a satellite in order to provide such point-to-multipoint distribution, except to the extent\n that such entity provides such distribution pursuant to tariff under the Communications Act of 1934,\n other than for private home viewing;\n\n (2) A superstation is a television broadcast station other than a network station, licensed by the Federal\n Communications Commission that is secondarily transmitted by a satellite carrier;\n\n47 CFR 76.64(c)(2) (enhanced display) page 59 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.64(c)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) An unserved household with respect to a television network is a household that\n\n (i) Cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-\n the-air signal of grade B intensity of a primary network station affiliated with that network, and\n\n (ii) Has not, within 90 days before the date on which that household subscribes, either initially or on\n renewal, received secondary transmissions by a satellite carrier of a network station affiliated\n with that network, subscribed to a cable system that provides the signal of a primary network\n station affiliated with the network.\n\n (4) A primary network station is a network station that broadcasts or rebroadcasts the basic\n programming service of a particular national network;\n\n (5) The terms “network station,” and “secondary transmission” have the meanings given them in 17\n U.S.C. 111(f).\n\n (d) A multichannel video program distributor is an entity such as, but not limited to, a cable operator, a BRS/\n EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, or\n a satellite master antenna television system operator, that makes available for purchase, by subscribers\n or customers, multiple channels of video programming.\n\n (e) The retransmission consent requirements of this section are not applicable to broadcast signals received\n by master antenna television facilities or by direct over-the-air reception in conjunction with the provision\n of service by a multichannel video program distributor provided that the multichannel video program\n distributor makes reception of such signals available without charge and at the subscribers option and\n provided further that the antenna facility used for the reception of such signals is either owned by the\n subscriber or the building owner; or under the control and available for purchase by the subscriber or the\n building owner upon termination of service.\n\n (f) Commercial television stations are required to make elections between retransmission consent and must-\n carry status according to the following schedule:\n\n (1) The initial election must be made by June 17, 1993.\n\n (2) Subsequent elections must be made at three year intervals; the second election must be made by\n October 1, 1996 and will take effect on January 1, 1997; the third election must be made by October\n 1, 1999 and will take effect on January 1, 2000, etc.\n\n (3) Television stations that fail to make an election by the specified deadline will be deemed to have\n elected must carry status for the relevant three-year period.\n\n (4) New television stations and stations that return their analog spectrum allocation and broadcast in\n digital only shall make their initial election any time between 60 days prior to commencing broadcast\n and 30 days after commencing broadcast or commencing broadcasting in digital only; such initial\n election shall take effect 90 days after it is made.\n\n (5) Television broadcast stations that become eligible for must carry status with respect to a cable\n system or systems due to a change in the market definition may, within 30 days of the effective date\n of the new definition, elect must-carry status with respect to such system or systems. Such elections\n shall take effect 90 days after they are made.\n\n (g) If one or more franchise areas served by a cable system overlaps with one or more franchise areas served\n by another cable system, television broadcast stations are required to make the same election for both\n cable systems.\n\n47 CFR 76.64(g) (enhanced display) page 60 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.64(h)\nMultichannel Video and Cable Television Service\n\n\n (h)\n\n (1) On or before each must carry/retransmission consent election deadline, each television broadcast\n station shall place a copy of its election statement, and copies of any election change notices\n applying to the upcoming carriage cycle, in the station's public file if the station is required to\n maintain a public file.\n\n (2) Each cable operator shall, no later than July 31, 2020, provide an up-to-date email address for\n carriage election notice submissions with respect to its systems and an up-to-date phone number\n for carriage-related questions. Each cable operator is responsible for the continuing accuracy and\n completeness of the information furnished. It must respond to questions from broadcasters as soon\n as is reasonably possible.\n\n (3) A station shall send a notice of its election to a cable operator only if changing its election with\n respect to one or more of that operator's systems. Such notice shall be sent to the email address\n provided by the cable system and carbon copied to ElectionNotices@FCC.gov. A notice must include,\n with respect to each station referenced in the notice, the:\n\n (i) Call sign;\n\n (ii) Community of license;\n\n (iii) DMA where the station is located;\n\n (iv) Specific change being made in election status;\n\n (v) Email address for carriage-related questions;\n\n (vi) Phone number for carriage-related questions;\n\n (vii) Name of the appropriate station contact person; and,\n\n (viii) If the station changes its election for some systems of the cable operator but not all, the\n specific cable systems for which a carriage election applies.\n\n (4) Cable operators must respond via email as soon as is reasonably possible, acknowledging receipt of\n a television station's election notice.\n\n (5) Low power television stations and non-commercial educational translator stations that are qualified\n under § 76.55 and retransmitted by a multichannel video programming distributor shall, beginning no\n later than July 31, 2020, respond as soon as is reasonably possible to messages or calls from\n multichannel video programming distributors that are received via the email address or phone\n number the station provides in the Commission's Licensing and Management System.\n\n (i) Notwithstanding a television station's election of must-carry status, if a cable operator proposes to\n retransmit that station's signal without according the station must-carry rights (i.e., pursuant to §\n 76.56(e)), the operator must obtain the station's express authority prior to retransmitting its signal.\n\n (j) Retransmission consent agreements between a broadcast station and a multichannel video programming\n distributor shall be in writing and shall specify the extent of the consent being granted, whether for the\n entire signal or any portion of the signal. This rule applies for either the analog or the digital signal of a\n television station.\n\n\n\n\n47 CFR 76.64(j) (enhanced display) page 61 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.64(k)\nMultichannel Video and Cable Television Service\n\n\n (k) A cable system commencing new operation is required to notify all local commercial and noncommercial\n broadcast stations of its intent to commence service. The cable operator must send such notification, by\n certified mail except as provided in this paragraph (k), at least 60 days prior to commencing cable service.\n After July 31, 2020, the cable operator must send such notification by electronic delivery in accordance\n with § 76.1600. Commercial broadcast stations must notify the cable system within 30 days of the\n receipt of such notice of their election for either must-carry or retransmission consent with respect to\n such new cable system. If the commercial broadcast station elects must-carry, it must also indicate its\n channel position in its election statement to the cable system. Such election shall remain valid for the\n remainder of any three-year election interval, as established in paragraph (f)(2) of this section.\n Noncommercial educational broadcast stations should notify the cable operator of their request for\n carriage and their channel position. The new cable system must notify each station if its signal quality\n does not meet the standards for carriage and if any copyright liability would be incurred for the carriage of\n such signal. Pursuant to § 76.57(e), a commercial broadcast station which fails to respond to such a\n notice shall be deemed to be a must-carry station for the remainder of the current three-year election\n period.\n\n (l) Exclusive retransmission consent agreements are prohibited. No television broadcast station shall make\n or negotiate any agreement with one multichannel video programming distributor for carriage to the\n exclusion of other multichannel video programming distributors.\n\n (m) A multichannel video programming distributor providing an all-band FM radio broadcast service (a service\n that does not involve the individual processing of specific broadcast signals) shall obtain retransmission\n consents from all FM radio broadcast stations that are included on the service that have transmitters\n located within 92 kilometers (57 miles) of the receiving antenna for such service. Stations outside of this\n 92 kilometer (57 miles) radius shall be presumed not to be carried in an all-band reception mode but may\n affirmatively assert retransmission consent rights by providing 30 days advance notice to the distributor.\n\n\n Note 1 to § 76.64: Section 76.1608 provides notification requirements for a cable system that\n changes its technical configuration in such a way as to integrate two formerly separate cable\n systems.\n\n\n[58 FR 17363, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994; 65 FR 15575, Mar. 23, 2000; 65 FR 53615, Sept. 5, 2000; 66\nFR 16553, Mar. 26, 2001; 67 FR 17015, Apr. 9, 2002; 69 FR 72045, Dec. 10, 2004; 70 FR 40224, July 13, 2005; 74 FR 69286, Dec.\n31, 2009; 80 FR 11330, Mar. 3, 2015; 83 FR 7626, Feb. 22, 2018; 84 FR 45669, Aug. 30, 2019; 85 FR 16005, Mar. 19, 2020; 85 FR\n22651, Apr. 23, 2020; 85 FR 44217, July 22, 2020; 86 FR 26186, May 13, 2021]\n\n\n§ 76.65 Good faith and exclusive retransmission consent complaints.\n (a) Duty to negotiate in good faith. Television broadcast stations and multichannel video programming\n distributors shall negotiate in good faith the terms and conditions of retransmission consent agreements\n to fulfill the duties established by section 325(b)(3)(C) of the Act; provided, however, that it shall not be a\n failure to negotiate in good faith if:\n\n (1) The television broadcast station proposes or enters into retransmission consent agreements\n containing different terms and conditions, including price terms, with different multichannel video\n programming distributors if such different terms and conditions are based on competitive\n marketplace considerations; or\n\n\n\n47 CFR 76.65(a)(1) (enhanced display) page 62 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.65(a)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The multichannel video programming distributor enters into retransmission consent agreements\n containing different terms and conditions, including price terms, with different broadcast stations if\n such different terms and conditions are based on competitive marketplace considerations. If a\n television broadcast station or multichannel video programming distributor negotiates in accordance\n with the rules and procedures set forth in this section, failure to reach an agreement is not an\n indication of a failure to negotiate in good faith.\n\n (b) Good faith negotiation —\n\n (1) Standards. The following actions or practices violate a broadcast television station's or multichannel\n video programming distributor's (the “Negotiating Entity”) duty to negotiate retransmission consent\n agreements in good faith:\n\n (i) Refusal by a Negotiating Entity to negotiate retransmission consent;\n\n (ii) Refusal by a Negotiating Entity to designate a representative with authority to make binding\n representations on retransmission consent;\n\n (iii) Refusal by a Negotiating Entity to meet and negotiate retransmission consent at reasonable\n times and locations, or acting in a manner that unreasonably delays retransmission consent\n negotiations;\n\n (iv) Refusal by a Negotiating Entity to put forth more than a single, unilateral proposal;\n\n (v) Failure of a Negotiating Entity to respond to a retransmission consent proposal of the other\n party, including the reasons for the rejection of any such proposal;\n\n (vi) Execution by a Negotiating Entity of an agreement with any party, a term or condition of which,\n requires that such Negotiating Entity not enter into a retransmission consent agreement with\n any other television broadcast station or multichannel video programming distributor;\n\n (vii) Refusal by a Negotiating Entity to execute a written retransmission consent agreement that sets\n forth the full understanding of the television broadcast station and the multichannel video\n programming distributor; and\n\n (viii) Coordination of negotiations or negotiation on a joint basis by two or more television broadcast\n stations in the same local market to grant retransmission consent to a multichannel video\n programming distributor, unless such stations are directly or indirectly under common de jure\n control permitted under the regulations of the Commission.\n\n (ix) The imposition by a television broadcast station of limitations on the ability of a multichannel\n video programming distributor to carry into the local market of such station a television signal\n that has been deemed significantly viewed, within the meaning of § 76.54 of this part, or any\n successor regulation, or any other television broadcast signal such distributor is authorized to\n carry under 47 U.S.C. 338, 339, 340 or 534, unless such stations are directly or indirectly under\n common de jure control permitted by the Commission.\n\n (2) Negotiation of retransmission consent between qualified multichannel video programming distributor\n buying groups and large station groups.\n\n (i) A multichannel video programming distributor may satisfy its obligation to negotiate in good\n faith for retransmission consent with a large station group by designating a qualified MVPD\n buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself\n negotiates in good faith in accordance with this section.\n\n47 CFR 76.65(b)(2)(i) (enhanced display) page 63 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.65(b)(2)(ii)\nMultichannel Video and Cable Television Service\n\n\n (ii) It is a violation of the obligation to negotiate in good faith for a qualified MVPD buying group to\n disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a\n negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely,\n to enter into the final terms negotiated by the qualified MVPD buying group.\n\n (iii) A large station group has an obligation to negotiate in good faith for retransmission consent\n with a qualified MVPD buying group.\n\n (A) “Qualified MVPD buying group” means an entity that, with respect to a negotiation with a\n large station group for retransmission consent—\n\n (1) Negotiates on behalf of two or more multichannel video programming distributors—\n\n (i) None of which is a multichannel video programming distributor that serves\n more than 500,000 subscribers nationally; and\n\n (ii) That do not collectively serve more than 25 percent of all households served by\n multichannel video programming distributors in any single local market in which\n the applicable large station group operates; and\n\n (2) Negotiates agreements for such retransmission consent—\n\n (i) That contain standardized contract provisions, including billing structures and\n technical quality standards, for each multichannel video programming\n distributor on behalf of which the entity negotiates; and\n\n (ii) Under which the entity assumes liability to remit to the applicable large station\n group all fees received from the multichannel video programming distributors\n on behalf of which the entity negotiates.\n\n (B) “Large station group” means a group of television broadcast stations that—\n\n (1) Are directly or indirectly under common de jure control permitted by the regulations\n of the Commission;\n\n (2) Generally negotiate agreements for retransmission consent under this section as a\n single entity; and\n\n (3) Include only television broadcast stations that collectively have a national audience\n reach of more than 20 percent;\n\n (3) Definitions. For purposes of this section and section 76.64 of this subpart, the following definitions\n apply:\n\n (i) “Local market” has the meaning given such term in 17 U.S.C. 122(j); and\n\n (ii) “Multichannel video programming distributor” has the meaning given such term in 47 U.S.C.\n 522.\n\n (4) Totality of the circumstances. In addition to the standards set forth in paragraphs (b)(1) and (2) of\n this section, a Negotiating Entity may demonstrate, based on the totality of the circumstances of a\n particular retransmission consent negotiation, that a television broadcast station or multichannel\n video programming distributor breached its duty to negotiate in good faith as set forth in paragraph\n (a) of this section.\n\n\n\n47 CFR 76.65(b)(4) (enhanced display) page 64 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.65(c)\nMultichannel Video and Cable Television Service\n\n\n (c) Good faith negotiation and exclusivity complaints. Any television broadcast station or multichannel video\n programming distributor aggrieved by conduct that it believes constitutes a violation of the regulations\n set forth in this section or § 76.64(l) may commence an adjudicatory proceeding at the Commission to\n obtain enforcement of the rules through the filing of a complaint. The complaint shall be filed and\n responded to in accordance with the procedures specified in § 76.7.\n\n (d) Burden of proof. In any complaint proceeding brought under this section, the burden of proof as to the\n existence of a violation shall be on the complainant.\n\n (e) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one\n year of the date on which one of the following events occurs:\n\n (1) A complainant enters into a retransmission consent agreement with a television broadcast station or\n multichannel video programming distributor that the complainant alleges to violate one or more of\n the rules contained in this subpart; or\n\n (2) A television broadcast station or multichannel video programming distributor engages in\n retransmission consent negotiations with a complainant that the complainant alleges to violate one\n or more of the rules contained in this subpart, and such negotiation is unrelated to any existing\n contract between the complainant and the television broadcast station or multichannel video\n programming distributor; or\n\n (3) The television broadcast station or multichannel video programming distributor has denied,\n unreasonably delayed, or failed to acknowledge a request to negotiate retransmission consent in\n violation of one or more of the rules contained in this subpart.\n\n[70 FR 40224, July 13, 2005, as amended at 74 FR 69286, Dec. 31, 2009; 79 FR 28630, May 19, 2014; 80 FR 11330, Mar. 3, 2015;\n85 FR 36801, June 18, 2020; 85 FR 81812, Dec. 17, 2020; 86 FR 26186, May 13, 2021]\n\n\n§ 76.66 Satellite broadcast signal carriage.\n (a) Definitions —\n\n (1) Satellite carrier. A satellite carrier is an entity that uses the facilities of a satellite or satellite service\n licensed by the Federal Communications Commission, and operates in the Fixed-Satellite Service\n under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service\n under part 100 of title 47 of the Code of Federal Regulations, to establish and operate a channel of\n communications for point-to-multipoint distribution of television station signals, and that owns or\n leases a capacity or a service on a satellite in order to provide such point-to-multipoint distribution,\n except to the extent that such entity provides such distribution pursuant to tariff under the\n Communications Act of 1934, other than for private home viewing.\n\n (2) Secondary transmission. A secondary transmission is the further transmitting of a primary\n transmission simultaneously with the primary transmission.\n\n (3) Subscriber. A subscriber is a person who receives a secondary transmission service from a satellite\n carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.\n\n (4) Television broadcast station. A television broadcast station is an over-the-air commercial or\n noncommercial television broadcast station licensed by the Commission under subpart E of part 73\n of title 47, Code of Federal Regulations, except that such term does not include a low-power or\n translator television station.\n\n47 CFR 76.66(a)(4) (enhanced display) page 65 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(a)(5)\nMultichannel Video and Cable Television Service\n\n\n (5) Television network. For purposes of this section, a television network is an entity which offers an\n interconnected program service on a regular basis for 15 or more hours per week to at least 25\n affiliated broadcast stations in 10 or more States.\n\n (6) Local-into-local television service. A satellite carrier is providing local-into-local service when it\n retransmits a local television station signal back into the local market of that television station for\n reception by subscribers.\n\n (b) Signal carriage obligations.\n\n (1) Each satellite carrier providing, under section 122 of title 17, United States Code, secondary\n transmissions to subscribers located within the local market of a television broadcast station of a\n primary transmission made by that station, shall carry upon request the signals of all television\n broadcast stations located within that local market, subject to section 325(b) of title 47, United\n States Code, and other paragraphs in this section. Satellite carriers are required to carry digital-only\n stations upon request in markets in which the satellite carrier is providing any local-into-local service\n pursuant to the statutory copyright license.\n\n (2) A satellite carrier that offers multichannel video programming distribution service in the United\n States to more than 5,000,000 subscribers shall, no later than December 8, 2005, carry upon request\n the signal originating as an analog signal of each television broadcast station that is located in a\n local market in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon request the signals\n originating as digital signals of each television broadcast station that is located in a local market in\n Alaska or Hawaii. Such satellite carrier is not required to carry the signal originating as analog after\n commencing carriage of digital signals on June 8, 2007. Carriage of signals originating as digital\n signals of each television broadcast station that is located in a local market in Alaska or Hawaii shall\n include the entire free over-the-air signal, including multicast and high definition digital signals.\n\n (c) Election cycle. In television markets where a satellite carrier is providing local-into-local service, a\n commercial television broadcast station may elect either retransmission consent, pursuant to section 325\n of title 47 United States Code, or mandatory carriage, pursuant to section 338, title 47 United States Code.\n\n (1) The first retransmission consent-mandatory carriage election cycle shall be for a four-year period\n commencing on January 1, 2002 and ending December 31, 2005.\n\n (2) The second retransmission consent-mandatory carriage election cycle, and all cycles thereafter, shall\n be for a period of three years (e.g. the second election cycle commences on January 1, 2006 and\n ends at midnight on December 31, 2008).\n\n (3) A commercial television station must notify a satellite carrier, by July 1, 2001, of its retransmission\n consent-mandatory carriage election for the first election cycle commencing January 1, 2002.\n\n (4) Except as provided in paragraphs (c)(6), (d)(2) and (d)(3) of this section, local commercial television\n broadcast stations shall make their retransmission consent-mandatory carriage election by October\n 1st of the year preceding the new cycle for all election cycles after the first election cycle.\n\n (5) [Reserved]\n\n (6) A commercial television broadcast station located in a local market in Alaska or Hawaii shall make\n its retransmission consent-mandatory carriage election by October 1, 2005, for carriage of its signal\n that originates as an analog signal for carriage commencing on December 8, 2005, and by April 1,\n 2007, for its signal that originates as a digital signal for carriage commencing on June 8, 2007 and\n ending on December 31, 2008. For analog and digital signal carriage cycles commencing after\n\n47 CFR 76.66(c)(6) (enhanced display) page 66 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(d)\nMultichannel Video and Cable Television Service\n\n\n December 31, 2008, such stations shall follow the election cycle in paragraphs (c)(2) and (4). A\n noncommercial television broadcast station located in a local market in Alaska or Hawaii must\n request carriage by October 1, 2005, for carriage of its signal that originates as an analog signal for\n carriage commencing on December 8, 2005, and by April 1, 2007, for its signal that originates as a\n digital signal for carriage commencing on June 8, 2007 and ending on December 31, 2008.\n\n (d) Carriage procedures —\n\n (1) Carriage requests.\n\n (i) An election for mandatory carriage made by a television broadcast station shall be treated as a\n request for carriage. For purposes of this paragraph (d), the term election request includes an\n election of retransmission consent or mandatory carriage.\n\n (ii) Each satellite carrier shall, no later than July 31, 2020, provide an up-to-date email address for\n carriage election notice submissions and an up-to-date phone number for carriage-related\n questions. Each satellite carrier is responsible for the continuing accuracy and completeness of\n the information furnished. It must respond to questions from broadcasters as soon as is\n reasonably possible.\n\n (iii) A station shall send a notice of its election to a satellite carrier only if changing its election with\n respect to one or more of the markets served by that carrier. Such notice shall be sent to the\n email address provided by the satellite carrier and carbon copied to ElectionNotices@FCC.gov.\n\n (iv) A television station's written notification shall include with respect to each station referenced in\n the notice, the:\n\n (A) Call sign;\n\n (B) Community of license;\n\n (C) DMA where the station is located;\n\n (D) Specific change being made in election status;\n\n (E) Email address for carriage-related questions;\n\n (F) Phone number for carriage-related questions; and\n\n (G) Name of the appropriate station contact person.\n\n (v) A satellite carrier must respond via email as soon as is reasonably possible, acknowledging\n receipt of a television station's election notice.\n\n (vi) Within 30 days of receiving a television station's carriage request, and subject to paragraph\n (d)(2)(ii) of this section, a satellite carrier shall notify in writing:\n\n (A) Those local television stations it will not carry, along with the reasons for such a decision;\n and\n\n (B) Those local television stations it intends to carry.\n\n (vii) A satellite carrier is not required to carry a television station, for the duration of the election\n cycle, if the station fails to assert its carriage rights by the deadlines established in this section.\n\n (2) New local-into-local service.\n\n\n47 CFR 76.66(d)(2) (enhanced display) page 67 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(d)(2)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) A new satellite carrier or a satellite carrier providing local service in a market for the first time\n after July 1, 2001, shall inform each television broadcast station licensee within any local\n market in which a satellite carrier proposes to commence carriage of signals of stations from\n that market, not later than 60 days prior to the commencement of such carriage\n\n (A) Of the carrier's intention to launch local-into-local service under this section in a local\n market, the identity of that local market, and the location of the carrier's proposed local\n receive facility for that local market;\n\n (B) Of the right of such licensee to elect carriage under this section or grant retransmission\n consent under section 325(b);\n\n (C) That such licensee has 30 days from the date of the receipt of such notice to make such\n election; and\n\n (D) That failure to make such election will result in the loss of the right to demand carriage\n under this section for the remainder of the 3-year cycle of carriage under section 325.\n\n (ii) Except as provided in this paragraph (d)(2)(ii), satellite carriers shall transmit the notices\n required by paragraph (d)(2)(i) of this section via certified mail to the address for such\n television station licensee listed in the consolidated database system maintained by the\n Commission. After July 31, 2020, the written notices required by paragraphs (d)(1)(vi), (d)(2)(i),\n (v), and (vi), (d)(3)(iv), (d)(5)(i), (f)(3) and (4), and (h)(5) of this section shall be delivered\n electronically via email to the email address for carriage-related questions that the station lists\n in its public file in accordance with §§ 73.3526 and 73.3527 of this title.\n\n (iii) A satellite carrier with more than five million subscribers shall provide the notice as required by\n paragraphs (d)(2)(i) and (ii) of this section to each television broadcast station located in a\n local market in Alaska or Hawaii, not later than March 1, 2007 with respect to carriage of digital\n signals; provided, further, that the notice shall also describe the carriage requirements pursuant\n to 47 U.S.C. 338(a)(4), and paragraph (b)(2) of this section.\n\n (iv) A satellite carrier shall commence carriage of a local station by the later of 90 days from receipt\n of an election of mandatory carriage or upon commencing local-into-local service in the new\n television market.\n\n (v) Within 30 days of receiving a local television station's election of mandatory carriage in a new\n television market, a satellite carrier shall notify in writing those local television stations it will\n not carry, along with the reasons for such decision, and those local television stations it intends\n to carry. After July 31, 2020, the written notices required by this paragraph (d)(2)(v) shall be\n delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section.\n\n (vi) Satellite carriers shall notify all local stations in a market of their intent to launch HD carry-one,\n carry-all in that market at least 60 days before commencing such carriage. After July 31, 2020,\n the written notices required by this paragraph (d)(2)(vi) shall be delivered to stations\n electronically in accordance with paragraph (d)(2)(ii) of this section.\n\n (3) New television stations.\n\n (i) A television station providing over-the-air service in a market for the first time on or after July 1,\n 2001, shall be considered a new television station for satellite carriage purposes.\n\n\n\n47 CFR 76.66(d)(3)(i) (enhanced display) page 68 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(d)(3)(ii)\nMultichannel Video and Cable Television Service\n\n\n (ii) A new television station shall make its election request, in writing, sent to the satellite carrier's\n email address provided by the satellite carrier and carbon copied to ElectionNotices@FCC.gov,\n between 60 days prior to commencing broadcasting and 30 days after commencing\n broadcasting. This written notification shall include the information required by paragraph\n (d)(1)(iv) of this section.\n\n (iii) A satellite carrier shall commence carriage within 90 days of receiving the request for carriage\n from the television broadcast station or whenever the new television station provides over-the-\n air service.\n\n (iv) Within 30 days of receiving a new television station's election of mandatory carriage, a satellite\n carrier shall notify the station in writing that it will not carry the station, along with the reasons\n for such decision, or that it intends to carry the station. After July 31, 2020, the written notices\n required by this paragraph (d)(3)(iv) shall be delivered to stations electronically in accordance\n with paragraph (d)(2)(ii) of this section.\n\n (4) Television broadcast stations must send election requests as provided in paragraphs (d)(1), (2), and\n (3) of this section on or before the relevant deadline.\n\n (5) Elections in markets in which significantly viewed signals are carried.\n\n (i) Beginning with the election cycle described in paragraph (c)(2) of this section, the\n retransmission of significantly viewed signals pursuant to § 76.54 by a satellite carrier that\n provides local-into-local service is subject to providing the notifications to stations in the\n market pursuant to paragraphs (d)(5)(i)(A) and (B) of this section, unless the satellite carrier\n was retransmitting such signals as of the date these notifications were due. After July 31, 2020,\n the written notices required by this paragraph (d)(5)(i) shall be delivered to stations\n electronically in accordance with paragraph (d)(2)(ii) of this section.\n\n (A) In any local market in which a satellite carrier provided local-into-local service on\n December 8, 2004, at least 60 days prior to any date on which a station must make an\n election under paragraph (c) of this section, identify each affiliate of the same television\n network that the carrier reserves the right to retransmit into that station's local market\n during the next election cycle and the communities into which the satellite carrier reserves\n the right to make such retransmissions;\n\n (B) In any local market in which a satellite carrier commences local-into-local service after\n December 8, 2004, at least 60 days prior to the commencement of service in that market,\n and thereafter at least 60 days prior to any date on which the station must thereafter make\n an election under § 76.66(c) or (d)(2), identify each affiliate of the same television network\n that the carrier reserves the right to retransmit into that station's local market during the\n next election cycle.\n\n (ii) A television broadcast station located in a market in which a satellite carrier provides local-into-\n local television service may elect either retransmission consent or mandatory carriage for each\n county within the station's local market if the satellite carrier provided notice to the station,\n pursuant to paragraph (d)(5)(i) of this section, that it intends to carry during the next election\n cycle, or has been carrying on the date notification was due, in the station's local market\n another affiliate of the same network as a significantly viewed signal pursuant to § 76.54.\n\n\n\n\n47 CFR 76.66(d)(5)(ii) (enhanced display) page 69 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(d)(5)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) A television broadcast station that elects mandatory carriage for one or more counties in its\n market and elects retransmission consent for one or more other counties in its market\n pursuant to paragraph (d)(5)(ii) of this section shall conduct a unified negotiation for the entire\n portion of its local market for which retransmission consent is elected.\n\n (iv) A television broadcast station that receives a notification from a satellite carrier pursuant to\n paragraph (d)(5)(i) of this section with respect to an upcoming election cycle may choose\n either retransmission consent or mandatory carriage for any portion of the 3-year election cycle\n that is not covered by an existing retransmission consent agreement.\n\n (6) Carriage after a market modification. Television broadcast stations that become eligible for\n mandatory carriage with respect to a satellite carrier (pursuant to § 76.66) due to a change in the\n market definition (by operation of a market modification pursuant to § 76.59) may, within 30 days of\n the effective date of the new definition, elect retransmission consent or mandatory carriage with\n respect to such carrier. A satellite carrier shall commence carriage within 90 days of receiving the\n carriage election from the television broadcast station. The election must be made in accordance\n with the requirements in paragraph (d)(1) of this section.\n\n (e) Market definitions.\n\n (1) A local market, in the case of both commercial and noncommercial television broadcast stations, is\n the designated market area in which a station is located, unless such market is amended pursuant to\n § 76.59, and\n\n (i) In the case of a commercial television broadcast station, all commercial television broadcast\n stations licensed to a community within the same designated market area within the same\n local market; and\n\n (ii) In the case of a noncommercial educational television broadcast station, the market includes\n any station that is licensed to a community within the same designated market area as the\n noncommercial educational television broadcast station.\n\n (2) A designated market area is the market area, as determined by Nielsen Media Research and\n published in the 1999–2000 Nielsen Station Index Directory and Nielsen Station Index United States\n Television Household Estimates, the October 2021 Nielsen Local TV Station Information Report, or\n any successor publication. In the case of areas outside of any designated market area, any census\n area, borough, or other area in the State of Alaska that is outside of a designated market area, as\n determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the\n State of Alaska.\n\n (3) A satellite carrier shall use the October 2021 Nielsen Local TV Station Information for the\n retransmission consent-mandatory carriage election cycle commencing on January 1, 2024, and\n ending on December 31, 2026. The October 2024 Nielsen Local TV Station Information Report shall\n be used for the retransmission consent-mandatory carriage election cycle commencing January 1,\n 2027, and ending December 31, 2029, and so forth using the publications for the October two years\n prior to each triennial election pursuant to this section. Provided, however, that a county deleted from\n a market by Nielsen need not be subtracted from a market in which a satellite carrier provides local-\n into-local service, if that county is assigned to that market in the 1999–2000 Nielsen Station Index\n Directory or any subsequent issue of that publication, or the Local TV Station Information Report\n commencing with October 2021, and every three years thereafter (i.e., October 2024, October 2027,\n\n\n\n47 CFR 76.66(e)(3) (enhanced display) page 70 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(e)(4)\nMultichannel Video and Cable Television Service\n\n\n etc.). A satellite carrier may determine which local market in the State of Alaska will be deemed to be\n the relevant local market in connection with each subscriber in an area in the State of Alaska that is\n outside of a designated market, as described in paragraph (e)(2) of this section.\n\n (4) A local market includes all counties to which stations assigned to that market are licensed.\n\n (f) Receive facilities.\n\n (1) A local receive facility is the reception point in each local market which a satellite carrier designates\n for delivery of the signal of the station for purposes of retransmission.\n\n (2) A satellite carrier may establish another receive facility to serve a market if the location of such a\n facility is acceptable to at least one-half the stations with carriage rights in that market.\n\n (3) Except as provided in paragraph (d)(2) of this section, a satellite carrier providing local-into-local\n service must notify local television stations of the location of the receive facility by June 1, 2001 for\n the first election cycle and at least 120 days prior to the commencement of all election cycles\n thereafter. After July 31, 2020, the written notices required by this paragraph (f)(3) shall be delivered\n to stations electronically in accordance with paragraph (d)(2)(ii) of this section.\n\n (4) A satellite carrier may relocate its local receive facility at the commencement of each election cycle.\n A satellite carrier is also permitted to relocate its local receive facility during the course of an\n election cycle, if it bears the signal delivery costs of the television stations affected by such a move.\n A satellite carrier relocating its local receive facility must provide 60 days notice to all local television\n stations carried in the affected television market. After July 31, 2020, the written notices required by\n this paragraph (f)(4) shall be delivered to stations electronically in accordance with paragraph\n (d)(2)(ii) of this section.\n\n (g) Good quality signal.\n\n (1) A television station asserting its right to carriage shall be required to bear the costs associated with\n delivering a good quality signal to the designated local receive facility of the satellite carrier or to\n another facility that is acceptable to at least one-half the stations asserting the right to carriage in\n the local market.\n\n (2) To be considered a good quality signal for satellite carriage purposes, a television station shall\n deliver to the local receive facility of a satellite carrier either a signal level of −45dBm for UHF signals\n or −49dBm for VHF signals at the input terminals of the signal processing equipment.\n\n (3) A satellite carrier is not required to carry a television station that does not agree to be responsible for\n the costs of delivering a good quality signal to the receive facility.\n\n (h) Duplicating signals.\n\n (1) A satellite carrier shall not be required to carry upon request the signal of any local television\n broadcast station that substantially duplicates the signal of another local television broadcast\n station which is secondarily transmitted by the satellite carrier within the same local market, or the\n signals of more than one local commercial television broadcast station in a single local market that\n is affiliated with a particular television network unless such stations are licensed to communities in\n different States.\n\n (2) A satellite carrier may select which duplicating signal in a market it shall carry.\n\n (3) A satellite carrier may select which network affiliate in a market it shall carry.\n\n47 CFR 76.66(h)(3) (enhanced display) page 71 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(h)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) A satellite carrier is permitted to drop a local television station whenever that station meets the\n substantial duplication criteria set forth in this paragraph. A satellite carrier must add a television\n station to its channel line-up if such station no longer duplicates the programming of another local\n television station.\n\n (5) A satellite carrier shall provide notice to its subscribers, and to the affected television station,\n whenever it adds or deletes a station's signal in a particular local market pursuant to this paragraph\n (h)(5). After July 31, 2020, the required notice to the affected television station shall be delivered to\n the station electronically in accordance with paragraph (d)(2)(ii) of this section.\n\n (6) A commercial television station substantially duplicates the programming of another commercial\n television station if it simultaneously broadcasts the identical programming of another station for\n more than 50 percent of the broadcast week.\n\n (7) A noncommercial television station substantially duplicates the programming of another\n noncommercial station if it simultaneously broadcasts the same programming as another\n noncommercial station for more than 50 percent of prime time, as defined by § 76.5(n), and more\n than 50 percent outside of prime time over a three month period, Provided, however, that after three\n noncommercial television stations are carried, the test of duplication shall be whether more than 50\n percent of prime time programming and more than 50 percent outside of prime time programming is\n duplicative on a non-simultaneous basis.\n\n (i) Channel positioning.\n\n (1) No satellite carrier shall be required to provide the signal of a local television broadcast station to\n subscribers in that station's local market on any particular channel number or to provide the signals\n in any particular order, except that the satellite carrier shall retransmit the signal of the local\n television broadcast stations to subscribers in the stations' local market on contiguous channels.\n\n (2) The television stations subject to this paragraph include those carried under retransmission consent.\n\n (3) All local television stations carried under mandatory carriage in a particular television market must\n be offered to subscribers at rates comparable to local television stations carried under\n retransmission consent in that same market.\n\n (4) Within a market, no satellite carrier shall provide local-into-local service in a manner that requires\n subscribers to obtain additional equipment at their own expense or for an additional carrier charge in\n order to obtain one or more local television broadcast signals if such equipment is not required for\n the receipt of other local television broadcast signals.\n\n (5) All television stations carried under mandatory carriage, in a particular market, shall be presented to\n subscribers in the same manner as television stations that elected retransmission consent, in that\n same market, on any navigational device, on-screen program guide, or menu provided by the satellite\n carrier.\n\n (j) Manner of carriage.\n\n (1) Each television station carried by a satellite carrier, pursuant to this section, shall include in its\n entirety the primary video, accompanying audio, and closed captioning data contained in line 21 of\n the vertical blanking interval and, to the extent technically feasible, program-related material carried\n in the vertical blanking interval or on subcarriers. For noncommercial educational television stations,\n a satellite carrier must also carry any program-related material that may be necessary for receipt of\n programming by persons with disabilities or for educational or language purposes. Secondary audio\n\n47 CFR 76.66(j)(1) (enhanced display) page 72 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(j)(2)\nMultichannel Video and Cable Television Service\n\n\n programming must also be carried. Where appropriate and feasible, satellite carriers may delete\n signal enhancements, such as ghost-canceling, from the broadcast signal and employ such\n enhancements at the local receive facility.\n\n (2) A satellite carrier, at its discretion, may carry any ancillary service transmission on the vertical\n blanking interval or the aural baseband of any television broadcast signal, including, but not limited\n to, multichannel television sound and teletext.\n\n (k) Material degradation.\n\n (1) Each local television station whose signal is carried under mandatory carriage shall, to the extent\n technically feasible and consistent with good engineering practice, be provided with the same quality\n of signal processing provided to television stations electing retransmission consent, including\n carriage of HD signals in HD if any local station in the same market is carried in HD. A satellite carrier\n is permitted to use reasonable digital compression techniques in the carriage of local television\n stations.\n\n (2) Satellite carriers must provide carriage of local stations' HD signals if any local station in the same\n market is carried in HD, pursuant to the following schedule:\n\n (i) In at least 15% of the markets in which they carry any station pursuant to the statutory copyright\n license in HD by February 17, 2010;\n\n (ii) In at least 30% of the markets in which they carry any station pursuant to the statutory copyright\n license in HD no later than February 17, 2011;\n\n (iii) In at least 60% of the markets in which they carry any station pursuant to the statutory copyright\n license in HD no later than February 17, 2012; and\n\n (iv) In 100% of the markets in which they carry any station pursuant to the statutory copyright\n license in HD by February 17, 2013.\n\n (l) Compensation for carriage.\n\n (1) A satellite carrier shall not accept or request monetary payment or other valuable consideration in\n exchange either for carriage of local television broadcast stations in fulfillment of the mandatory\n carriage requirements of this section or for channel positioning rights provided to such stations\n under this section, except that any such station may be required to bear the costs associated with\n delivering a good quality signal to the receive facility of the satellite carrier.\n\n (2) A satellite carrier may accept payments from a station pursuant to a retransmission consent\n agreement.\n\n (m) Remedies.\n\n (1) Whenever a local television broadcast station believes that a satellite carrier has failed to meet its\n obligations under this section, such station shall notify the carrier, in writing, of the alleged failure\n and identify its reasons for believing that the satellite carrier failed to comply with such obligations.\n\n (2) The satellite carrier shall, within 30 days after such written notification, respond in writing to such\n notification and comply with such obligations or state its reasons for believing that it is in\n compliance with such obligations.\n\n\n\n\n47 CFR 76.66(m)(2) (enhanced display) page 73 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.66(m)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) A local television broadcast station that disputes a response by a satellite carrier that it is in\n compliance with such obligations may obtain review of such denial or response by filing a complaint\n with the Commission, in accordance with § 76.7 of title 47, Code of Federal Regulations. Such\n complaint shall allege the manner in which such satellite carrier has failed to meet its obligations\n and the basis for such allegations.\n\n (4) The satellite carrier against which a complaint is filed is permitted to present data and arguments to\n establish that there has been no failure to meet its obligations under this section.\n\n (5) The Commission shall determine whether the satellite carrier has met its obligations under this\n section. If the Commission determines that the satellite carrier has failed to meet such obligations,\n the Commission shall order the satellite carrier to take appropriate remedial action. If the\n Commission determines that the satellite carrier has fully met the requirements of this section, it\n shall dismiss the complaint.\n\n (6) The Commission will not accept any complaint filed later than 60 days after a satellite carrier, either\n implicitly or explicitly, denies a television station's carriage request.\n\n (n) Channel sharing carriage rights. A broadcast television station that voluntarily relinquishes spectrum\n usage rights under § 73.3700 of this chapter in order to share a television channel and that possessed\n carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 338; 534;\n 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that\n would apply to such station at such location if it were not sharing a channel.\n\n (o) Next Gen TV carriage rights.\n\n (1) A broadcast television station that chooses to deploy Next Gen TV service, see § 73.682(f) of this\n chapter, may assert mandatory carriage rights under this section only with respect to its ATSC 1.0\n signal and may not assert mandatory carriage rights with respect to its ATSC 3.0 signal.\n\n (2) With respect to a Next Gen TV station that moves its 1.0 simulcast signal to a host station's (i.e., a\n station whose facilities are being used to transmit programming originated by another station)\n facilities, the station may assert mandatory carriage rights under this section only if it:\n\n (i) Qualified for, and has been exercising, mandatory carriage rights at its original location; and\n\n (ii) Continues to qualify for mandatory carriage at the host station's facilities, including (but not\n limited to) delivering a good quality 1.0 signal to the satellite carrier local receive facility, or\n agreeing to be responsible for the costs of delivering such 1.0 signal to the satellite carrier.\n\n[66 FR 7430, Jan. 23, 2001, as amended at 66 FR 49135, Sept. 26, 2001; 70 FR 21670, Apr. 27, 2005; 70 FR 51668, Aug. 31, 2005;\n70 FR 53079, Sept. 7, 2005; 73 FR 24508, May 5, 2008; 77 FR 30426, May 23, 2012; 80 FR 59664, Oct. 2, 2015; 83 FR 5028, Feb. 2,\n2018; 84 FR 45669, Aug. 30, 2019; 85 FR 16005, Mar. 20, 2020; 87 FR 74988, Dec. 7, 2022; 88 FR 62472, Sept. 12, 2023]\n\n\n§ 76.70 Exemption from input selector switch rules.\n (a) In any case of cable systems serving communities where no portion of the community is covered by the\n predicted Grade B contour of at least one full service broadcast television station, or non-commercial\n educational television translator station operating with 5 or more watts output power and where the\n signals of no such broadcast stations are “significantly viewed” in the county where such a cable system\n is located, the cable system shall be exempt from the provisions of § 76.66. Cable systems may be\n\n\n\n47 CFR 76.70(a) (enhanced display) page 74 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.70(b)\nMultichannel Video and Cable Television Service\n\n\n eligible for this exemption where they demonstrate with engineering studies prepared in accordance with\n § 73.686 of this chapter or other showings that broadcast signals meeting the above criteria are not\n actually viewable within the community.\n\n (b) Where a new full service broadcast television station, or new non-commercial educational television\n translator station with 5 or more watts, or an existing such station of either type with newly upgraded\n facilities provides predicted Grade B service to a community served by a cable system previously exempt\n under paragraph (a) of this section, or the signal of any such broadcast station is newly determined to be\n “significantly viewed” in the county where such a cable system is located, the cable system at that time is\n required to comply fully with the provisions of § 76.66. Cable systems may retain their exemption under\n paragraph (a) of this section where they demonstrate with engineering studies prepared in accordance\n with § 73.686 of this chapter or other showings that broadcast signals meeting the above criteria are not\n actually viewable within the community.\n\n[54 FR 25716, June 19, 1989]\n\n\nSubpart E—Equal Employment Opportunity Requirements\n\nSource: 50 FR 40855, Oct. 7, 1985, unless otherwise noted.\n\n\n\n§ 76.71 Scope of application.\n (a) The provisions of this subpart shall apply to any corporation, partnership, association, joint-stock\n company, or trust engaged primarily in the management or operation of any cable system. Cable entities\n subject to these provisions include those systems defined in § 76.5(a), all satellite master antenna\n television systems serving 50 or more subscribers, and any multichannel video programming distributor.\n For purposes of the provisions of this subpart, a multichannel video programming distributor is an entity\n such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a\n television receive-only satellite program distributor, or a video dialtone program service provider, who\n makes available for purchase, by subscribers or customers, multiple channels of video programming,\n whether or not a licensee. Multichannel video programming distributors do not include any entity which\n lacks control over the video programming distributed. For purposes of this subpart, an entity has control\n over the video programming it distributes, if it selects video programming channels or programs and\n determines how they are presented for sale to consumers. Nothwithstanding the foregoing, the\n regulations in this subpart are not applicable to the owners or originators (of programs or channels of\n programming) that distribute six or fewer channels of commonly-owned video programming over a leased\n transport facility. For purposes of this subpart, programming services are “commonly-owned” if the same\n entity holds a majority of the stock (or is a general partner) of each program service.\n\n (b) Employment units. The provisions of this subpart shall apply to cable entities as employment units. Each\n cable entity may be considered a separate employment unit; however, where two or more cable entities\n are under common ownership or control and are interrelated in their local management, operation, and\n utilization of employees, they shall constitute a single employment unit.\n\n (c) Headquarters office. A multiple cable operator shall treat as a separate employment unit each\n headquarters office to the extent the work of that office is primarily related to the operation of more than\n one employment unit as described in paragraph (b) of this section.\n\n\n\n47 CFR 76.71(c) (enhanced display) page 75 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.73\nMultichannel Video and Cable Television Service\n\n\n[50 FR 40855, Oct. 7, 1985, as amended at 58 FR 42250, Aug. 9, 1993; 69 FR 72045, Dec. 10, 2004]\n\n\n§ 76.73 General EEO policy.\n (a) Equal opportunity in employment shall be afforded by each cable entity to all qualified persons, and no\n person shall be discriminated against in employment by such entity because of race, color, religion,\n national origin, age or sex.\n\n (b) Each employment unit shall establish, maintain, and carry out a positive continuing program of specific\n practices designed to assure equal opportunity to every aspect of cable system employment policy and\n practice. Under the terms of its program, an employment unit shall:\n\n (1) Define the responsibility of each level of management to ensure a positive application and vigorous\n enforcement of its policy of equal opportunity, and establish a procedure to review and control\n managerial and supervisory performance;\n\n (2) Inform its employees and recognized employee organizations of the positive equal employment\n opportunity policy and program and enlist their cooperation;\n\n (3) Communicate its equal employment opportunity policy and progam and its employment needs to\n sources of qualified applicants without regard to race, color, religion, national origin, age or sex, and\n solicit their recruitment assistance on a continuing basis;\n\n (4) Conduct a continuing program to exclude every form of prejudice or discrimination based upon race,\n color, religion, national origin, age or sex from its personnel policies and practices and working\n conditions; and\n\n (5) Conduct a continuing review of job structure and employment practices and adopt positive\n recruitment, training, job design, and other measures needed to ensure genuine equality of\n opportunity to participate fully in all organizational units, occupations, and levels of responsibility.\n\n§ 76.75 Specific EEO program requirements.\nUnder the terms of its program, an employment unit must:\n\n (a) Disseminate its equal employment opportunity program to job applicants, employees, and those with\n whom it regularly does business. For example, this requirement may be met by:\n\n (1) Posting notices in the employment unit's office and places of employment informing employees, and\n applicants for employment, of their equal employment opportunity rights, and their right to notify the\n Equal Employment Opportunity Commission, the Federal Communications Commission, or other\n appropriate agency, if they believe they have been discriminated against. Where a significant\n percentage of employees, employment applicants, or residents of the community of a cable\n television system of the relevant labor area are Hispanic, such notices should be posted in Spanish\n and English. Similar use should be made of other languages in such posted equal employment\n opportunity notices, where appropriate;\n\n (2) Placing a notice in bold type on the employment application informing prospective employees that\n discrimination because of race, color, religion, national origin, age or sex is prohibited and that they\n may notify the Equal Employment Opportunity Commission, the Federal Communications\n Commission, or other appropriate agency if they believe they have been discriminated against.\n\n\n\n47 CFR 76.75(a)(2) (enhanced display) page 76 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.75(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Establish, maintain and carry out a positive continuing program of outreach activities designed to ensure\n equal opportunity and nondiscrimination in employment. The following activities shall be undertaken by\n each employment unit:\n\n (1) Recruit for every full-time job vacancy in its operation. A job filled by an internal promotion is not\n considered a vacancy for which recruitment is necessary. Nothing in this section shall be interpreted\n to require a multichannel video programming distributor to grant preferential treatment to any\n individual or group based on race, national origin, color, religion, age, or gender.\n\n (i) An employment unit shall use recruitment sources for each vacancy sufficient in its reasonable,\n good faith judgment to widely disseminate information concerning the vacancy.\n\n (ii) In addition to using such recruitment sources, a multichannel video programming distributor\n employment unit shall provide notification of each full-time vacancy to any organization that\n distributes information about employment opportunities to job seekers or refers job seekers to\n employers, upon request by such organization. To be entitled to notice of vacancies, the\n requesting organization must provide the multichannel video programming distributor\n employment unit with its name, mailing address, e-mail address (if applicable), telephone\n number, and contact person, and identify the category or categories of vacancies of which it\n requests notice. (An organization may request notice of all vacancies).\n\n (2) Engage in at least two (if the unit has more than ten full-time employees and is not located in a\n smaller market) or one (if the unit has six to ten full-time employees and/or is located, in whole or in\n part, in a smaller market) of the following initiatives during each twelve-month period preceding the\n filing of an EEO program annual report:\n\n (i) Participation in at least two job fairs by unit personnel who have substantial responsibility in the\n making of hiring decisions;\n\n (ii) Hosting of at least one job fair;\n\n (iii) Co-sponsoring at least one job fair with organizations in the business and professional\n community whose membership includes substantial participation of women and minorities;\n\n (iv) Participation in at least two events sponsored by organizations representing groups present in\n the community interested in multichannel video programming distributor employment issues,\n including conventions, career days, workshops, and similar activities;\n\n (v) Establishment of an internship program designed to assist members of the community in\n acquiring skills needed for multichannel video programming distributor employment;\n\n (vi) Participation in job banks, Internet programs, and other programs designed to promote\n outreach generally (i.e., that are not primarily directed to providing notification of specific job\n vacancies);\n\n (vii) Participation in a scholarship program designed to assist students interested in pursuing a\n career in multichannel video programming communications;\n\n (viii) Establishment of training programs designed to enable unit personnel to acquire skills that\n could qualify them for higher level positions;\n\n (ix) Establishment of a mentoring program for unit personnel;\n\n\n\n47 CFR 76.75(b)(2)(ix) (enhanced display) page 77 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.75(b)(2)(x)\nMultichannel Video and Cable Television Service\n\n\n (x) Participation in at least two events or programs sponsored by educational institutions relating\n to career opportunities in multichannel video programming communications;\n\n (xi) Sponsorship of at least one event in the community designed to inform and educate members\n of the public as to employment opportunities in multichannel video programming\n communications;\n\n (xii) Listing of each upper-level category opening in a job bank or newsletter of media trade groups\n whose membership includes substantial participation of women and minorities;\n\n (xiii) Provision of assistance to unaffiliated non-profit entities in the maintenance of web sites that\n provide counseling on the process of searching for multichannel video programming\n employment and/or other career development assistance pertinent to multichannel video\n programming communications;\n\n (xiv) Provision of training to management level personnel as to methods of ensuring equal\n employment opportunity and preventing discrimination;\n\n (xv) Provision of training to personnel of unaffiliated non-profit organizations interested in\n multichannel video programming employment opportunities that would enable them to better\n refer job candidates for multichannel video programming positions;\n\n (xvi) Participation in other activities reasonably calculated by the unit to further the goal of\n disseminating information as to employment opportunities in multichannel video programming\n to job candidates who might otherwise be unaware of such opportunities.\n\n (c) Retain records sufficient to document that it has satisfied the requirements of paragraphs (b)(1) and\n (b)(2) of this section. Such records, which may be maintained in an electronic format, shall be retained for\n a period of seven years. Such records need not be submitted to the Commission unless specifically\n requested. The following records shall be maintained:\n\n (1) Listings of all full-time job vacancies filled by the cable employment unit, identified by job title;\n\n (2) For each such vacancy, the recruitment sources utilized to fill the vacancy (including, if applicable,\n organizations entitled to notification pursuant to paragraph (b)(1)(ii) of this section, which should be\n separately identified), identified by name, address, contact person, and telephone number;\n\n (3) Dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications\n announcing job vacancies;\n\n (4) Documentation necessary to demonstrate performance of the initiatives required by paragraph (b)(2)\n of this section, if applicable, including information sufficient to fully disclose the nature of the\n initiative and the scope of the unit's participation, including the unit personnel involved;\n\n (5) The total number of interviewees for each vacancy and the referral sources for each interviewee; and\n\n (6) The date each vacancy was filled and the recruitment source that referred the hiree.\n\n (d) Undertake to offer promotions of minorities and women in a non-discriminatory fashion to positions of\n greater responsibility. For example, this requirement may be met by:\n\n (1) Instructing those who make decisions on placement and promotion that minority employees and\n females are to be considered without discrimination, and that job areas in which there is little or no\n minority or female representation should be reviewed to determine whether this results from\n discrimination;\n\n47 CFR 76.75(d)(1) (enhanced display) page 78 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.75(d)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Giving minority groups and female employees equal opportunity for positions which lead to higher\n positions. Inquiring as to the interest and skills of all lower paid employees with respect to any of the\n higher paid positions, followed by assistance, counselling, and effective measures to enable\n employees with interest and potential to qualify themselves for such positions;\n\n (3) Providing opportunity to perform overtime work on a basis that does not discriminate against\n qualified minority group or female employees.\n\n (e) Encourage minority and female entrepreneurs to conduct business with all parts of its operation. For\n example, this requirement may be met by:\n\n (1) Recruiting as wide as possible a pool of qualified entrepreneurs from sources such as employee\n referrals, community groups, contractors, associations, and other sources likely to be representative\n of minority and female interests.\n\n (f) A multichannel video programming distributor shall analyze its recruitment program on an ongoing basis\n to ensure that it is effective in achieving broad outreach, and address any problems found as a result of\n its analysis.\n\n (g) Analyze on an ongoing basis its efforts to recruit, hire, promote and use services without discrimination\n on the basis of race, national origin, color, religion, age, or sex and explain any difficulties encountered in\n implementing its equal employment opportunity program. For example, this requirement may be met by:\n\n (1) Where union agreements exist, cooperating with the union or unions in the development of programs\n to ensure all persons equal opportunity for employment, and including an effective\n nondiscrimination clause in new or renegotiated union agreements;\n\n (2) Reviewing seniority practices to ensure that such practices are nondiscriminatory;\n\n (3) Examining rates of pay and fringe benefits for employees having the same duties, and eliminating\n any inequities based upon race, national origin, color, religion, age, or sex discrimination;\n\n (4) Evaluating the recruitment program to ensure that it is effective in achieving a broad outreach to\n potential applicants.\n\n (5) Utilizing media for recruitment purposes in a manner that will contain no indication, either explicit or\n implicit, of a preference for one race, national origin, color, religion, age, or sex over another; and\n\n (6) Avoiding the use of selection techniques or tests that have the effect of discriminating against\n qualified minority groups or women.\n\n (h) A full-time employee is a permanent employee whose regular work schedule is 30 hours per week or\n more.\n\n (i) The provisions of paragraphs (b)(1)(ii), (b)(2), (c), and (f) of this section shall not apply to multichannel\n video programming distributor employment units that have fewer than six full-time employees.\n\n (j) For the purposes of this rule, a smaller market includes metropolitan areas as defined by the Office of\n Management and Budget with a population of fewer than 250,000 persons and areas outside of all\n metropolitan areas as defined by the Office of Management and Budget.\n\n[50 FR 40855, Oct. 7, 1985, as amended at 65 FR 7457, Feb. 15, 2000; 68 FR 691, Jan. 7, 2003]\n\n\n\n\n47 CFR 76.75(j) (enhanced display) page 79 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.77\nMultichannel Video and Cable Television Service\n\n\n§ 76.77 Reporting requirements and enforcement.\n (a) EEO program annual reports. Information concerning a unit's compliance with the EEO recruitment\n requirements shall be filed by each employment unit with six or more full-time employees on FCC Form\n 396–C on or before September 30 of each year. If a multichannel video programming distributor acquires\n a unit during the twelve months covered by the EEO program annual report, the recruitment activity in the\n report shall cover the period starting with the date the entity acquired the unit.\n\n (b) Certification of Compliance. The Commission will use the recruitment information submitted on a unit's\n EEO program annual report to determine whether the unit is in compliance with the provisions of this\n subpart. Units found to be in compliance with these rules will receive a Certificate of Compliance. Units\n found not to be in compliance will receive notice that they are not certified for a given year.\n\n (c) Investigations. The Commission will investigate each unit at least once every five years. Employment units\n are required to submit supplemental investigation information with their regular EEO program annual\n reports in the years they are investigated. If an entity acquires a unit during the period covered by the\n supplemental investigation, the information submitted by the unit as part of the investigation shall cover\n the period starting with the date the operator acquired the unit. The supplemental investigation\n information shall include a copy of the unit's EEO public file report for the preceding year.\n\n (d) Records and inquiries. Employment units subject to this subpart shall maintain records of their\n recruitment activity in accordance with § 76.75 to demonstrate whether they are in compliance with the\n EEO rules. Units shall ensure that they maintain records sufficient to verify the accuracy of information\n provided in their EEO program annual reports and the supplemental investigation responses required by §\n 76.1702 to be kept in a unit's public file. To determine compliance with the EEO rules, the Commission\n may conduct inquiries of employment units at random or if the Commission has evidence of a possible\n violation of the EEO rules. Upon request, employment units shall make records available to the\n Commission for its review.\n\n (e) Public complaints. The public may file complaints based on EEO program annual reports, supplemental\n investigation information, or the contents of a unit's public file.\n\n (f) Sanctions and remedies. The Commission may issue appropriate sanctions and remedies for any violation\n of the EEO rules.\n\n[68 FR 692, Jan. 7, 2003]\n\n\n§ 76.79 Records available for public inspection.\nA copy of every annual employment report, and any other employment report filed with the Commission, and\ncomplaint report that has been filed with the Commission, and copies of all exhibits, letters, and other documents\nfiled as part thereof, all amendments thereto, all correspondence between the cable entity and the Commission\npertaining to the reports after they have been filed in all documents incorporated therein by reference, unless\nspecifically exempted from the requirement, are open for public inspection at the offices of the Commission in\nWashington, DC.\n\n\n Note to § 76.59: Cable operators must also comply with the public file requirements § 76.1702.\n\n\n[65 FR 7459, Feb. 15, 2000]\n\n\n47 CFR 76.79 (enhanced display) page 80 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.92\nMultichannel Video and Cable Television Service\n\n\nSubpart F—Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout\n\nSource: 65 FR 68101, Nov. 14, 2000, unless otherwise noted.\n\n\n\n§ 76.92 Cable network non-duplication; extent of protection.\n (a) Upon receiving notification pursuant to § 76.94, a cable community unit located in whole or in part within\n the geographic zone for a network program, the network non-duplication rights to which are held by a\n commercial television station licensed by the Commission, shall not carry that program as broadcast by\n any other television signal, except as otherwise provided below.\n\n (b) For purposes of this section, the order of nonduplication priority of television signals carried by a\n community unit is as follows:\n\n (1) First, all television broadcast stations within whose specified zone the community of the community\n unit is located, in whole or in part;\n\n (2) Second, all smaller market television broadcast stations within whose secondary zone the\n community of the community unit is located, in whole or in part.\n\n (c) For purposes of this section, all noncommercial educational television broadcast stations licensed to a\n community located in whole or in part within a major television market as specified in § 76.51 shall be\n treated in the same manner as a major market commercial television broadcast station, and all\n noncommercial educational television broadcast stations not licensed to a community located in whole\n or in part within a major television market shall be treated in the same manner as a smaller market\n television broadcast station.\n\n (d) Any community unit operating in a community to which a 100-watt or higher power translator is located\n within the predicted Grade B signal contour of the television broadcast station that the translator station\n retransmits, and which translator is carried by the community unit shall, upon request of such translator\n station licensee or permittee, delete the duplicating network programming of any television broadcast\n station whose reference point (See § 76.53) is more than 88.5 km (55 miles) from the community of the\n community unit.\n\n (e) Any community unit which operates in a community located in whole or in part within the secondary zone\n of a smaller market television broadcast station is not required to delete the duplicating network\n programming of any major market television broadcast station whose reference point (See § 76.53) is\n also within 88.5 km (55 miles) of the community of the community unit.\n\n (f) A community unit is not required to delete the duplicating network programming of any television\n broadcast station which is significantly viewed in the cable television community pursuant to § 76.54.\n\n (g) A community unit is not required to delete the duplicating network programming of any qualified NCE\n television broadcast station that is carried in fulfillment of the cable television system's mandatory signal\n carriage obligations, pursuant to § 76.56.\n\n\n Note: With respect to network programming, the geographic zone within which the television\n station is entitled to enforce network non-duplication protection and priority of shall be that\n geographic area agreed upon between the network and the television station. In no event shall\n\n\n47 CFR 76.92(g) (enhanced display) page 81 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.93\nMultichannel Video and Cable Television Service\n\n\n\n such rights exceed the area within which the television station may acquire broadcast territorial\n exclusivity rights as defined in § 73.658(m) of this Chapter, except that small market television\n stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20\n additional miles). To the extent rights are obtained for any hyphenated market named in § 76.51,\n such rights shall not exceed those permitted under § 73.658(m) of this Chapter for each named\n community in that market.\n\n§ 76.93 Parties entitled to network non-duplication protection.\nTelevision broadcast station licensees shall be entitled to exercise non-duplication rights pursuant to § 76.92 in\naccordance with the contractual provisions of the network-affiliate agreement.\n\n§ 76.94 Notification.\n (a) In order to exercise non-duplication rights pursuant to § 76.92, television stations shall notify each cable\n television system operator of the non-duplication sought in accordance with the requirements of this\n section. Except as otherwise provided in paragraph (b) of this section, non-duplication protection notices\n shall include the following information:\n\n (1) The name and address of the party requesting non-duplication protection and the television\n broadcast station holding the non-duplication right;\n\n (2) The name of the program or series (including specific episodes where necessary) for which\n protection is sought; and\n\n (3) The dates on which protection is to begin and end.\n\n (b) Broadcasters entering into contracts providing for network non-duplication protection shall notify affected\n cable systems within 60 calendar days of the signing of such a contract. In the event the broadcaster is\n unable based on the information contained in the contract, to furnish all the information required by\n paragraph (a) of this section at that time, the broadcaster must provide modified notices that contain the\n following information:\n\n (1) The name of the network (or networks) which has (or have) extended non-duplication protection to\n the broadcaster;\n\n (2) The time periods by time of day (local time) and by network (if more than one) for each day of the\n week that the broadcaster will be broadcasting programs from that network (or networks) and for\n which non-duplication protection is requested; and\n\n (3) The duration and extent (e.g., simultaneous, same-day, seven-day, etc.) of the non-duplication\n protection which has been agreed upon by the network (or networks) and the broadcaster.\n\n (c) Except as otherwise provided in paragraph (d) of this section, a broadcaster shall be entitled to non-\n duplication protection beginning on the later of:\n\n (1) The date specified in its notice (as described in paragraphs (a) or (b) of this section, whichever is\n applicable) to the cable television system; or\n\n (2) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the cable\n television system receives notice from the broadcaster.\n\n47 CFR 76.94(c)(2) (enhanced display) page 82 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.94(d)\nMultichannel Video and Cable Television Service\n\n\n (d) A broadcaster shall provide the following information to the cable television system under the following\n circumstances:\n\n (1) In the event the protection specified in the notices described in paragraphs (a) or (b) of this section\n has been limited or ended prior to the time specified in the notice, or in the event a time period, as\n identified to the cable system in a notice pursuant to paragraph (b) of this section, for which a\n broadcaster has obtained protection is shifted to another time of day or another day (but not\n expanded), the broadcaster shall, as soon as possible, inform each cable television system operator\n that has previously received the notice of all changes from the original notice. Notice to be furnished\n “as soon as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile,\n overnight mail or other similar expedient means.\n\n (2) In the event the protection specified in the modified notices described in paragraph (b) of this section\n has been expanded, the broadcaster shall, at least 60 calendar days prior to broadcast of a protected\n program entitled to such expanded protection, notify each cable system operator that has previously\n received notice of all changes from the original notice.\n\n (e) In determining which programs must be deleted from a television signal, a cable television system\n operator may rely on information from any of the following sources published or otherwise made\n available:\n\n (1) Newspapers or magazines of general circulation.\n\n (2) A television station whose programs may be subject to deletion. If a cable television system asks a\n television station for information about its program schedule, the television station shall answer the\n request:\n\n (i) Within ten business days following the television station's receipt of the request; or\n\n (ii) Sixty days before the program or programs mentioned in the request for information will be\n broadcast; whichever comes later.\n\n (3) The broadcaster requesting exclusivity.\n\n (f) A broadcaster exercising exclusivity pursuant to § 76.92 shall provide to the cable system, upon request,\n an exact copy of those portions of the contracts, such portions to be signed by both the network and the\n broadcaster, setting forth in full the provisions pertinent to the duration, nature, and extent of the non-\n duplication terms concerning broadcast signal exhibition to which the parties have agreed.\n\n§ 76.95 Exceptions.\n (a) The provisions of §§ 76.92 through 76.94 shall not apply to a cable system serving fewer than 1,000\n subscribers. Within 60 days following the provision of service to 1,000 subscribers, the operator of each\n such system shall file a notice to that effect with the Commission, and serve a copy of that notice on\n every television station that would be entitled to exercise network non-duplication protection against it.\n\n (b) Network non-duplication protection need not be extended to a higher priority station for one hour\n following the scheduled time of completion of the broadcast of a live sports event by that station or by a\n lower priority station against which a cable community unit would otherwise be required to provide non-\n duplication protection following the scheduled time of completion.\n\n\n\n\n47 CFR 76.95(b) (enhanced display) page 83 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.101\nMultichannel Video and Cable Television Service\n\n\n§ 76.101 Cable syndicated program exclusivity: extent of protection.\nUpon receiving notification pursuant to § 76.105, a cable community unit located in whole or in part within the\ngeographic zone for a syndicated program, the syndicated exclusivity rights to which are held by a commercial\ntelevision station licensed by the Commission, shall not carry that program as broadcast by any other television\nsignal, except as otherwise provided below.\n\n\n Note: With respect to each syndicated program, the geographic zone within which the television\n station is entitled to enforce syndicated exclusivity rights shall be that geographic area agreed\n upon between the non-network program supplier, producer or distributor and the television station.\n In no event shall such zone exceed the area within which the television station has acquired\n broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter. To the extent\n rights are obtained for any hyphenated market named in § 76.51, such rights shall not exceed\n those permitted under § 73.658(m) of this Chapter for each named community in that market.\n\n§ 76.103 Parties entitled to syndicated exclusivity.\n (a) Television broadcast station licensees shall be entitled to exercise exclusivity rights pursuant to § 76.101\n in accordance with the contractual provisions of their syndicated program license agreements, consistent\n with § 76.109.\n\n (b) Distributors of syndicated programming shall be entitled to exercise exclusive rights pursuant to § 76.101\n for a period of one year from the initial broadcast syndication licensing of such programming anywhere in\n the United States; provided, however, that distributors shall not be entitled to exercise such rights in areas\n in which the programming has already been licensed.\n\n§ 76.105 Notification.\n (a) In order to exercise exclusivity rights pursuant to § 76.101, distributors or television stations shall notify\n each cable television system operator of the exclusivity sought in accordance with the requirements of\n this section. Syndicated program exclusivity notices shall include the following information:\n\n (1) The name and address of the party requesting exclusivity and the television broadcast station or\n other party holding the exclusive right;\n\n (2) The name of the program or series (including specific episodes where necessary) for which\n exclusivity is sought;\n\n (3) The dates on which exclusivity is to begin and end.\n\n (b) : Broadcasters entering into contracts which contain syndicated exclusivity protection shall notify affected\n cable systems within sixty calendar days of the signing of such a contract. A broadcaster shall be entitled\n to exclusivity protection beginning on the later of:\n\n (1) The date specified in its notice to the cable television system; or\n\n (2) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the cable\n television system receives notice from the broadcaster;\n\n\n\n\n47 CFR 76.105(b)(2) (enhanced display) page 84 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.105(c)\nMultichannel Video and Cable Television Service\n\n\n (c) In determining which programs must be deleted from a television broadcast signal, a cable television\n system operator may rely on information from any of the following sources published or otherwise made\n available.\n\n (1) Newspapers or magazines of general circulation;\n\n (2) A television station whose programs may be subject to deletion. If a cable television system asks a\n television station for information about its program schedule, the television station shall answer the\n request:\n\n (i) Within ten business days following the television station's receipt of the request; or\n\n (ii) Sixty days before the program or programs mentioned in the request for information will be\n broadcast; whichever comes later.\n\n (3) The distributor or television station requesting exclusivity.\n\n (d) In the event the exclusivity specified in paragraph (a) of this section has been limited or has ended prior to\n the time specified in the notice, the distributor or broadcaster who has supplied the original notice shall,\n as soon as possible, inform each cable television system operator that has previously received the notice\n of all changes from the original notice. In the event the original notice specified contingent dates on which\n exclusivity is to begin and/or end, the distributor or broadcaster shall, as soon as possible, notify the cable\n television system operator of the occurrence of the relevant contingency. Notice to be furnished “as soon\n as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile, overnight mail or\n other similar expedient means.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 83 FR 7627, Feb. 22, 2018]\n\n\n§ 76.106 Exceptions.\n (a) Notwithstanding the requirements of §§ 76.101 through 76.105, a broadcast signal is not required to be\n deleted from a cable community unit when that cable community unit falls, in whole or in part, within that\n signal's grade B contour, or when the signal is significantly viewed pursuant to § 76.54 in the cable\n community.\n\n (b) The provisions of §§ 76.101 through 76.105 shall not apply to a cable system serving fewer than 1,000\n subscribers. Within 60 days following the provision of service to 1,000 subscribers, the operator of each\n such system shall file a notice to that effect with the Commission, and serve a copy of that notice on\n every television station that would be entitled to exercise syndicated exclusivity protection against it.\n\n§ 76.107 Exclusivity contracts.\nA distributor or television station exercising exclusivity pursuant to § 76.101 shall provide to the cable system, upon\nrequest, an exact copy of those portions of the exclusivity contracts, such portions to be signed by both the\ndistributor and the television station, setting forth in full the provisions pertinent to the duration, nature, and extent\nof the exclusivity terms concerning broadcast signal exhibition to which the parties have agreed.\n\n§ 76.108 Indemnification contracts.\nNo licensee shall enter into any contract to indemnify a cable system for liability resulting from failure to delete\nprogramming in accordance with the provisions of this subpart unless the licensee has a reasonable basis for\nconcluding that such program deletion is not required by this subpart.\n\n47 CFR 76.108 (enhanced display) page 85 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.109\nMultichannel Video and Cable Television Service\n\n\n§ 76.109 Requirements for invocation of protection.\nFor a station licensee to be eligible to invoke the provisions of § 76.101, it must have a contract or other written\nindicia that it holds syndicated exclusivity rights for the exhibition of the program in question. Contracts entered on\nor after August 18, 1988, must contain the following words: “the licensee [or substitute name] shall, by the terms of\nthis contract, be entitled to invoke the protection against duplication of programming imported under the\nCompulsory Copyright License, as provided in § 76.101 of the FCC rules [or ‘as provided in the FCC's syndicated\nexclusivity rules’].” Contracts entered into prior to August 18, 1988, must contain either the foregoing language or a\nclear and specific reference to the licensee's authority to exercise exclusivity rights as to the specific programming\nagainst cable television broadcast signal carriage by the cable system in question upon the contingency that the\ngovernment reimposed syndicated exclusivity protection. In the absence of such a specific reference in contracts\nentered into prior to August 18, 1988, the provisions of these rules may be invoked only if the contract is amended\nto include the specific language referenced in this section or a specific written acknowledgment is obtained from\nthe party from whom the broadcast exhibition rights were obtained that the existing contract was intended, or\nshould now be construed by agreement of the parties, to include such rights. A general acknowledgment by a\nsupplier of exhibition rights that specific contract language was intended to convey rights under these rules will be\naccepted with respect to all contracts containing that specific language. Nothing in this section shall be construed\nas a grant of exclusive rights to a broadcaster where such rights are not agreed to by the parties.\n\n§ 76.110 Substitutions.\nWhenever, pursuant to the requirements of the syndicated exclusivity rules, a community unit is required to delete a\ntelevision program on a broadcast signal that is permitted to be carried under the Commission's rules, such\ncommunity unit may, consistent with these rules, substitute a program from any other television broadcast station.\nPrograms substituted pursuant to this section may be carried to their completion.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]\n\n\n§ 76.120 Network non-duplication protection and syndicated exclusivity rules for satellite\ncarriers: Definitions.\nFor purposes of §§ 76.122–76.130, the following definitions apply:\n\n (a) Satellite carrier. The term “satellite carrier” means an entity that uses the facilities of a satellite or satellite\n service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service\n under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under\n part 100 of title 47 of the Code of Federal Regulations, to establish and operate a channel of\n communications for point-to-multipoint distribution of television station signals, and that owns or leases\n a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the\n extent that such entity provides such distribution pursuant to tariff under the Communications Act of\n 1934, other than for private home viewing.\n\n (b) Nationally distributed superstation. The term “nationally distributed superstation” means a television\n broadcast station, licensed by the Commission, that—\n\n (1) Is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered\n interconnected program service on a regular basis for 15 or more hours per week to at least 25\n affiliated television licensees in 10 or more States;\n\n\n\n47 CFR 76.120(b)(1) (enhanced display) page 86 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.120(b)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) On May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time;\n and\n\n (3) Was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of Section 119\n of title 17, United States Code.\n\n (c) Television network. The term “television network” means a television network in the United States which\n offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25\n affiliated broadcast stations in 10 or more States.\n\n (d) Network station. The term “network station” means—\n\n (1) A television broadcast station, including any translator station or terrestrial satellite station that\n rebroadcasts all or substantially all of the programming broadcast by a network station, that is\n owned or operated by, or affiliated with, one or more of the television networks in the United States\n which offer an interconnected program service on a regular basis for 15 or more hours per week to\n at least 25 of its affiliated television licensees in 10 or more States; or\n\n (2) A noncommercial educational broadcast station (as defined in Section 397 of the Communications\n Act of 1934); except that the term does not include the signal of the Alaska Rural Communications\n Service, or any successor entity to that service.\n\n (e) Zone of protection. The term “zone of protection” means—\n\n (1) With respect to network non-duplication, the zone of protection within which the television station is\n entitled to enforce network non-duplication protection shall be that geographic area agreed upon\n between the network and the television station. In no event shall such rights exceed the area within\n which the television station may acquire broadcast territorial exclusivity rights as defined in §\n 73.658(m) of this Chapter, except that small market television stations shall be entitled to a\n secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights\n are obtained for any hyphenated market named in § 76.51, such rights shall not exceed those\n permitted under § 73.658(m) of this Chapter for each named community in that market.\n\n (2) With respect to each syndicated program, the zone of protection within which the television station is\n entitled to enforce syndicated exclusivity rights shall be that geographic area agreed upon between\n the non-network program supplier, producer or distributor and the television station. In no event shall\n such zone exceed the area within which the television station has acquired broadcast territorial\n exclusivity rights as defined in § 73.658(m) of this Chapter. To the extent rights are obtained for any\n hyphenated market named in § 76.51, such rights shall not exceed those permitted under §\n 73.658(m) of this chapter for each named community in that market.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]\n\n\n§ 76.122 Satellite network non-duplication.\n (a) Upon receiving notification pursuant to paragraph (c) of this section, a satellite carrier shall not deliver, to\n subscribers within zip code areas located in whole or in part within the zone of protection of a\n commercial television station licensed by the Commission, a program carried on a nationally distributed\n superstation or on a station carried pursuant to § 76.54 of this chapter when the network non-duplication\n rights to such program are held by the commercial television station providing notice, except as provided\n in paragraphs (j), (k) or (l) of this section.\n\n\n47 CFR 76.122(a) (enhanced display) page 87 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.122(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Television broadcast station licensees shall be entitled to exercise non-duplication rights pursuant to §\n 76.122 in accordance with the contractual provisions of the network-affiliate agreement, and as provided\n in § 76.124.\n\n (c) In order to exercise non-duplication rights pursuant to § 76.122, television stations shall notify each\n satellite carrier of the non-duplication sought in accordance with the requirements of this section. Non-\n duplication protection notices shall include the following information:\n\n (1) The name and address of the party requesting non-duplication protection and the television\n broadcast station holding the non-duplication right;\n\n (2) Where the agreement between network and affiliate so identifies, the name of the program or series\n (including specific episodes where necessary) for which protection is sought;\n\n (3) The dates on which protection is to begin and end;\n\n (4) The name of the network (or networks) which has (or have) extended non-duplication protection to\n the broadcaster;\n\n (5) The time periods by time of day (local time) and by network (if more than one) for each day of the\n week that the broadcaster will be broadcasting programs from that network (or networks) and for\n which non-duplication protection is requested;\n\n (6) The duration and extent (e.g., simultaneous, same-day, seven-day, etc.) of the non-duplication\n protection which has been agreed upon by the network (or networks) and the broadcaster; and\n\n (7) A list of the U.S. postal zip code(s) that encompass the zone of protection under these rules.\n\n (d) Broadcasters entering into contracts providing for network non-duplication protection shall notify affected\n satellite carriers within 60 calendar days of the signing of such a contract; provided, however, that for\n such contracts signed before November 29, 2000, the broadcaster may provide notice on or before\n January 31, 2001, or with respect to pre-November 29, 2000 contracts that require amendment in order to\n invoke the provisions of these rules, notification may be given within sixty calendar days of the signing of\n such amendment.\n\n (e) Except as otherwise provided in this section, a broadcaster shall be entitled to non-duplication protection\n beginning on the later of:\n\n (1) The date specified in its notice to the satellite carrier; or\n\n (2) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the satellite\n carrier receives notice from the broadcaster; Provided, however, that with respect to notifications\n given pursuant to this section prior to June 1, 2001, a satellite carrier is not required to provide non-\n duplication protection until 120 days after the satellite carrier receives such notification.\n\n (f) A broadcaster shall provide the following information to the satellite carrier under the following\n circumstances:\n\n (1) In the event the protection specified in the notices described in paragraph (c) of this section has\n been limited or ended prior to the time specified in the notice, or in the event a time period, as\n identified to the satellite carrier in a notice pursuant to paragraph (c) of this section, for which a\n broadcaster has obtained protection is shifted to another time of day or another day (but not\n expanded), the broadcaster shall, as soon as possible, inform each satellite carrier that has\n\n\n\n47 CFR 76.122(f)(1) (enhanced display) page 88 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.122(f)(2)\nMultichannel Video and Cable Television Service\n\n\n previously received the notice of all changes from the original notice. Notice to be furnished “as soon\n as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile, e-mail,\n overnight mail or other similar expedient means.\n\n (2) In the event the protection specified in the notices described in paragraph (c) of this section has\n been expanded, the broadcaster shall, at least 60 calendar days prior to broadcast of a protected\n program entitled to such expanded protection, notify each satellite carrier that has previously\n received notice of all changes from the original notice.\n\n (g) In determining which programs must be deleted from a television signal, a satellite carrier may rely on\n information from newspapers or magazines of general circulation, the broadcaster requesting exclusivity\n protection, or the nationally distributed superstation.\n\n (h) If a satellite carrier asks a nationally distributed superstation for information about its program schedule,\n the nationally distributed superstation shall answer the request:\n\n (i) Within ten business days following its receipt of the request; or\n\n (ii) Sixty days before the program or programs mentioned in the request for information will be broadcast,\n whichever comes later.\n\n (i) A broadcaster exercising exclusivity pursuant to this section shall provide to the satellite carrier, upon\n request, an exact copy of those portions of the contracts, such portions to be signed by both the network\n and the broadcaster, setting forth in full the provisions pertinent to the duration, nature, and extent of the\n non-duplication terms concerning broadcast signal exhibition to which the parties have agreed.\n\n (j) A satellite carrier is not required to delete the duplicating programming of any nationally distributed\n superstation that is carried by the satellite carrier as a local station pursuant to § 76.66 of this chapter or\n as a significantly viewed station pursuant to § 76.54 of this chapter\n\n (1) Within the station's local market;\n\n (2) If the station is “significantly viewed,” pursuant to § 76.54 of this chapter, in zip code areas included\n within the zone of protection unless a waiver of the significantly viewed exception is granted\n pursuant to § 76.7 of this chapter; or\n\n (3) If the zone of protection falls, in whole or in part, within that signal's grade B contour or noise limited\n service contour.\n\n (k) A satellite carrier is not required to delete the duplicating programming of any nationally distributed\n superstation from an individual subscriber who is located outside the zone of protection, notwithstanding\n that the subscriber lives within a zip code provided by the broadcaster pursuant to paragraph (c) of this\n section.\n\n (l) A satellite carrier is not required to delete programming if it has fewer than 1,000 subscribers within the\n relevant protected zone who subscribe to the nationally distributed superstation carrying the\n programming for which deletion is requested pursuant to paragraph (c) of this section.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 67 FR 68951, Nov. 14, 2002; 70 FR 76530, Dec. 27, 2005]\n\n\n\n\n47 CFR 76.122(l) (enhanced display) page 89 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.123\nMultichannel Video and Cable Television Service\n\n\n§ 76.123 Satellite syndicated program exclusivity.\n (a) Upon receiving notification pursuant to paragraph (d) of this section, a satellite carrier shall not deliver, to\n subscribers located within zip code areas in whole or in part within the zone of protection of a\n commercial television station licensed by the Commission, a program carried on a nationally distributed\n superstation or on a station carried pursuant to § 76.54 of this chapter when the syndicated program\n exclusivity rights to such program are held by the commercial television station providing notice, except\n as provided in paragraphs (k), (l) and (m) of this section.\n\n (b) Television broadcast station licensees shall be entitled to exercise exclusivity rights pursuant to this\n Section in accordance with the contractual provisions of their syndicated program license agreements,\n consistent with § 76.124.\n\n (c) Distributors of syndicated programming shall be entitled to exercise exclusive rights pursuant to this\n Section for a period of one year from the initial broadcast syndication licensing of such programming\n anywhere in the United States; provided, however, that distributors shall not be entitled to exercise such\n rights in areas in which the programming has already been licensed.\n\n (d) In order to exercise exclusivity rights pursuant to this Section, distributors of syndicated programming or\n television broadcast stations shall notify each satellite carrier of the exclusivity sought in accordance with\n the requirements of this paragraph. Syndicated program exclusivity notices shall include the following\n information:\n\n (1) The name and address of the party requesting exclusivity and the television broadcast station or\n other party holding the exclusive right;\n\n (2) The name of the program or series (including specific episodes where necessary) for which\n exclusivity is sought;\n\n (3) The dates on which exclusivity is to begin and end; and\n\n (4) A list of the U.S. postal zip code(s) that encompass the zone of protection under these rules.\n\n (e) A distributor or television station exercising exclusivity pursuant to this Section shall provide to the\n satellite carrier, upon request, an exact copy of those portions of the exclusivity contracts, such portions\n to be signed by both the distributor and the television station, setting forth in full the provisions pertinent\n to the duration, nature, and extent of the exclusivity terms concerning broadcast signal exhibition to which\n the parties have agreed.\n\n (f) Television broadcast stations or distributors entering into contracts on or after November 29, 2000, which\n contain syndicated exclusivity protection with respect to satellite retransmission of programming, shall\n notify affected satellite carriers within sixty calendar days of the signing of such a contract. Television\n broadcast stations or distributors who have entered into contracts prior to November 29, 2000, and who\n comply with the requirements specified in § 76.124 shall notify affected satellite carriers on or before\n January 31, 2001; provided, however, that with respect to pre-November 29, 2000 contracts that require\n amendment in order to invoke the provisions of these rules, notification may be given within sixty calendar\n days of the signing of such amendment.\n\n (g) Except as otherwise provided in this section, a television broadcast station shall be entitled to exclusivity\n protection beginning on the later of:\n\n (1) The date specified in its notice to the satellite carrier; or\n\n\n\n47 CFR 76.123(g)(1) (enhanced display) page 90 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.123(g)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the satellite\n carrier receives notice from the broadcaster.\n\n Provided, however, that with respect to notifications given pursuant to this section prior to June 1,\n 2001, a satellite carrier is not required to provide syndicated exclusivity protection until 120 days\n after the satellite carrier receives such notification.\n\n (h) In determining which programs must be deleted from a television broadcast signal, a satellite carrier may\n rely on information from the distributor or television broadcast station requesting exclusivity; newspapers\n or magazines of general circulation; or the nationally distributed superstation whose programs may be\n subject to deletion.\n\n (i) If a satellite carrier asks a nationally distributed superstation for information about its program schedule,\n the nationally distributed superstation shall answer the request:\n\n (1) Within ten business days following the its receipt of the request; or\n\n (2) Sixty days before the program or programs mentioned in the request for information will be\n broadcast; whichever comes later.\n\n (j) In the event the exclusivity specified in paragraph (a) of this section has been limited or has ended prior to\n the time specified in the notice, the distributor or broadcaster who has supplied the original notice shall,\n as soon as possible, inform each satellite carrier that has previously received the notice of all changes\n from the original notice. In the event the original notice specified contingent dates on which exclusivity is\n to begin and/or end, the distributor or broadcaster shall, as soon as possible, notify the satellite carrier of\n the occurrence of the relevant contingency. Notice to be furnished “as soon as possible” under this\n Subsection shall be furnished by telephone, telegraph, facsimile, e-mail, overnight mail or other similar\n expedient means.\n\n (k) A satellite carrier is not required to delete the programming of any nationally distributed superstation that\n is carried by the satellite carrier as a local station pursuant to § 76.66 of this chapter or as a significantly\n viewed station pursuant to § 76.54 of this chapter:\n\n (1) Within the station's local market;\n\n (2) If the station is “significantly viewed,” pursuant to § 76.54 of this chapter, in zip code areas included\n within the zone of protection unless a waiver of the significantly viewed exception is granted\n pursuant to § 76.7 of this chapter; or\n\n (3) If the zone of protection falls, in whole or in part, within that signal's grade B contour or noise limited\n service contour.\n\n (l) A satellite carrier is not required to delete the duplicating programming of any nationally distributed\n superstation from an individual subscriber who is located outside the zone of protection, notwithstanding\n that the subscriber lives within a zip code provided by the broadcaster pursuant to paragraph (d) of this\n section.\n\n (m) A satellite carrier is not required to delete programming if it has fewer than 1,000 subscribers within the\n relevant protected zone who subscribe to the nationally distributed superstation carrying the\n programming for which deletion is requested pursuant to paragraph (d) of this section.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 70 FR 76530, Dec. 27, 2005]\n\n\n\n47 CFR 76.123(m) (enhanced display) page 91 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.124\nMultichannel Video and Cable Television Service\n\n\n§ 76.124 Requirements for invocation of protection.\nFor a television broadcast station licensee or distributor of syndicated programming to be eligible to invoke the\nprovisions of § 76.122 or § 76.123 of this subpart, it must have a contract or other written indicia that it holds\nnetwork program non-duplication or syndicated exclusivity rights for the exhibition of the program in question.\nContracts entered on or after November 29, 2000, must contain the following words: “the licensee [or substitute\nname] shall, by the terms of this contract, be entitled to invoke the protection against duplication of programming\nimported under the Statutory Copyright License, as provided in § 76.122 or § 76.123 of the FCC rules [or 'as\nprovided in the FCC's satellite network non-duplication or syndicated exclusivity rules'].” Contracts entered into prior\nto November 29, 2000, must contain the foregoing language plus a clear and specific reference to the licensee's\nauthority to exercise exclusivity rights as to the specific programming against signal carriage by the satellite carrier\nin question, or by satellite carriage in general in a protected, geographic or specified zone. In the absence of such a\nspecific reference in contracts entered into prior to November 29, 2000, the provisions of these rules may be\ninvoked only if the contract is amended to include the specific language referenced in this section or a specific\nwritten acknowledgment is obtained from the party from whom the broadcast exhibition rights were obtained that\nthe existing contract was intended, or should now be construed by agreement of the parties, to include such rights.\nA general acknowledgment by a supplier of exhibition rights that specific contract language was intended to convey\nrights under these rules will be accepted with respect to all contracts containing that specific language. Nothing in\nthis section shall be construed as a grant of exclusive rights to a broadcaster where such rights are not agreed to by\nthe parties.\n\n§ 76.125 Indemnification contracts.\nNo television broadcast station licensee shall enter into any contract to indemnify a satellite carrier for liability\nresulting from failure to delete programming in accordance with the provisions of this subpart unless the licensee\nhas a reasonable basis for concluding that such program deletion is not required by this Subpart.\n\n§ 76.130 Substitutions.\nWhenever, pursuant to the requirements of the network program non-duplication or syndicated program exclusivity\nrules, a satellite carrier is required to delete a television program from retransmission to satellite subscribers within\na zip code area, such satellite carrier may, consistent with this subpart, substitute a program from any other\ntelevision broadcast station for which the satellite carrier has obtained the necessary legal rights and permissions,\nincluding but not limited to copyright and retransmission consent. Programs substituted pursuant to this section\nmay be carried to their completion.\n\n[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]\n\n\nSubpart G—Cablecasting\n§ 76.205 Origination cablecasts by legally qualified candidates for public office; equal\nopportunities.\n (a) General requirements. No cable television system is required to permit the use of its facilities by any\n legally qualified candidate for public office, but if any system shall permit any such candidate to use its\n facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities.\n Such system shall have no power of censorship over the material broadcast by any such candidate.\n Appearance by a legally qualified candidate on any:\n\n (1) Bona fide newscast;\n47 CFR 76.205(a)(1) (enhanced display) page 92 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.205(a)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Bona fide news interview;\n\n (3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of\n the subject or subjects covered by the news documentary); or\n\n (4) On-the-spot coverage of bona fide news events (including, but not limited to political conventions\n and activities incidental thereto) shall not be deemed to be use of a system. (section 315(a) of the\n Communications Act.)\n\n (b) Uses. As used in this section and § 76.206, the term “use” means a candidate appearance (including by\n voice or picture) that is not exempt under paragraphs 76.205 (a)(1) through (a)(4) of this section.\n\n (c) Timing of request. A request for equal opportunities must be submitted to the system within 1 week of the\n day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however,\n That where the person was not a candidate at the time of such first prior use, he or she shall submit his or\n her request within 1 week of the first subsequent use after he or she has become a legally qualified\n candidate for the office in question.\n\n (d) Burden of proof. A candidate requesting equal opportunities of the system or complaining of\n noncompliance to the Commission shall have the burden of proving that he or she and his or her\n opponent are legally qualified candidates for the same public office.\n\n (e) Discrimination between candidates. In making time available to candidates for public office, no system\n shall make any discrimination between candidates in practices, regulations, facilities, or services for or in\n connection with the service rendered pursuant to this part, or make or give any preference to any\n candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any\n system make any contract or other agreement which shall have the effect of permitting any legally\n qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates\n for the same public office.\n\n[57 FR 210, Jan. 3, 1992, as amended at 59 FR 14568, Mar. 29, 1994]\n\n\n§ 76.206 Candidate rates.\n (a) Charges for use of cable television systems. The charges, if any, made for the use of any system by any\n person who is a legally qualified candidate for any public office in connection with his or her campaign for\n nomination for election, or election, to such office shall not exceed:\n\n (1) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days\n preceding the date of a general or special election in which such person is a candidate, the lowest\n unit charge of the system for the same class and amount of time for the same period.\n\n (i) A candidate shall be charged no more per unit than the system charges its most favored\n commercial advertisers for the same classes and amounts of time for the same periods. Any\n system practices offered to commercial advertisers that enhance the value of advertising spots\n must be disclosed and made available to candidates upon equal terms. Such practices include\n but are not limited to any discount privileges that affect the value of advertising, such as bonus\n spots, time-sensitive make goods, preemption priorities, or any other factors that enhance the\n value of the announcement.\n\n (ii) The Commission recognizes non-preemptible, preemptible with notice, immediately preemptible\n and run-of-schedule as distinct classes of time.\n\n47 CFR 76.206(a)(1)(ii) (enhanced display) page 93 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.206(a)(1)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) Systems may establish and define their own reasonable classes of immediately preemptible\n time so long as the differences between such classes are based on one or more demonstrable\n benefits associated with each class and are not based solely upon price or identity of the\n advertiser. Such demonstrable benefits include, but are not limited to, varying levels of\n preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-\n sensitive make goods. Systems may not use class distinctions to defeat the purpose of the\n lowest unit charge requirement. All classes must be fully disclosed and made available to\n candidates.\n\n (iv) Systems may establish reasonable classes of preemptible with notice time so long as they\n clearly define all such classes, fully disclose them and make them available to candidates.\n\n (v) Systems may treat non-preemptible and fixed position as distinct classes of time provided that\n systems articulate clearly the differences between such classes, fully disclose them, and make\n them available to candidates.\n\n (vi) Systems shall not establish a separate, premium-priced class of time sold only to candidates.\n Systems may sell higher-priced non-preemptible or fixed time to candidates if such a class of\n time is made available on a bona fide basis to both candidates and commercial advertisers, and\n provided such class is not functionally equivalent to any lower-priced class of time sold to\n commercial advertisers.\n\n (vii) [Reserved]\n\n (viii) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a\n weekly basis, such as rotations through particular programs or dayparts. Systems electing to\n calculate the lowest unit charge by such a method must include in that calculation all rates for\n all announcements scheduled in the rotation, including announcements aired under long-term\n advertising contracts. Systems may implement rate increases during election periods only to\n the extent that such increases constitute “ordinary business practices,” such as seasonal\n program changes or changes in audience ratings.\n\n (ix) Systems shall review their advertising records periodically throughout the election period to\n determine whether compliance with this section requires that candidates receive rebates or\n credits. Where necessary, systems shall issue such rebates or credits promptly.\n\n (x) Unit rates charged as part of any package, whether individually negotiated or generally available\n to all advertisers, must be included in the lowest unit charge calculation for the same class and\n length of time in the same time period. A candidate cannot be required to purchase advertising\n in every program or daypart in a package as a condition for obtaining package unit rates.\n\n (xi) Systems are not required to include non-cash promotional merchandising incentives in lowest\n unit charge calculations; provided, however, that all such incentives must be offered to\n candidates as part of any purchases permitted by the system. Bonus spots, however, must be\n included in the calculation of the lowest unit charge calculation.\n\n (xii) Make goods, defined as the rescheduling of preempted advertising, shall be provided to\n candidates prior to election day if a system has provided a time-sensitive make good during the\n year preceding the pre-election periods, respectively set forth in paragraph (a)(1) of this section,\n to any commercial advertiser who purchased time in the same class.\n\n\n\n\n47 CFR 76.206(a)(1)(xii) (enhanced display) page 94 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.206(a)(1)(xiii)\nMultichannel Video and Cable Television Service\n\n\n (xiii) Systems must disclose and make available to candidates any make good policies provided to\n commercial advertisers. If a system places a make good for any commercial advertiser or other\n candidate in a more valuable program or daypart, the value of such make good must be\n included in the calculation of the lowest unit charge for that program or daypart.\n\n (2) At any time other than the respective periods set forth in paragraph (a)(1) of this section, systems\n may charge legally qualified candidates for public office no more than the charges made for\n comparable use of the system by commercial advertisers. The rates, if any, charged all such\n candidates for the same office shall be uniform and shall not be rebated by any means, direct or\n indirect. A candidate shall be charged no more than the rate the system would charge for\n comparable commercial advertising. All discount privileges otherwise offered by a system to\n commercial advertisers must be disclosed and made available upon equal terms to all candidates\n for public office.\n\n (b) If a system permits a candidate to use its cablecast facilities, the system shall make all discount\n privileges offered to commercial advertisers, including the lowest unit charges for each class and length\n of time in the same time period and all corresponding discount privileges, available on equal terms to all\n candidates. This duty includes an affirmative duty to disclose to candidates information about rates,\n terms, conditions and all value-enhancing discount privileges offered to commercial advertisers, as\n provided in § 76.1611. Systems may use reasonable discretion in making the disclosure; provided,\n however, that the disclosure includes, at a minimum, the following information:\n\n (1) A description and definition of each class of time available to commercial advertisers sufficiently\n complete enough to allow candidates to identify and understand what specific attributes\n differentiate each class;\n\n (2) A description of the lowest unit charge and related privileges (such as priorities against preemption\n and make goods prior to specific deadlines) for each class of time offered to commercial\n advertisers;\n\n (3) A description of the system's method of selling preemptible time based upon advertiser demand,\n commonly known as the “current selling level,” with the stipulation that candidates will be able to\n purchase at these demand-generated rates in the same manner as commercial advertisers;\n\n (4) An approximation of the likelihood of preemption for each kind of preemptible time; and\n\n (5) An explanation of the system's sales practices, if any, that are based on audience delivery, with the\n stipulation that candidates will be able to purchase this kind of time, if available to commercial\n advertisers.\n\n (c) Once disclosure is made, systems shall negotiate in good faith to actually sell time to candidates in\n accordance with the disclosure.\n\n[57 FR 210, Jan. 3, 1992, as amended at 57 FR 27709, June 22, 1992; 65 FR 53615, Sept. 5, 2000]\n\n\n§ 76.213 Lotteries.\n (a) No cable television system operator, except as in paragraph (c), when engaged in origination cablecasting\n shall transmit or permit to be transmitted on the origination cablecasting channel or channels any\n advertisement of or information concerning any lottery, gift, enterprise, or similar scheme, offering prizes\n dependent in whole or in part upon lot or chance, or any list of prizes drawn or awarded by means of any\n such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes.\n\n47 CFR 76.213(a) (enhanced display) page 95 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.213(b)\nMultichannel Video and Cable Television Service\n\n\n (b) The determination whether a particular program comes within the provisions of paragraph (a) of this\n section depends on the facts of each case. However, the Commission will in any event consider that a\n program comes within the provisions of paragraph (a) of this section if in connection with such program a\n prize consisting of money or thing of value is awarded to any person whose selection is dependent in\n whole or in part upon lot or chance, if as a condition of winning or competing for such prize, such winner\n or winners are required to furnish any money or thing of value or are required to have in their possession\n any product sold, manufactured, furnished, or distributed by a sponsor of a program cablecast on the\n system in question.\n\n (c) The provisions of paragraphs (a) and (b) of this section shall not apply to advertisements or lists of prizes\n or information concerning:\n\n (1) A lottery conducted by a State acting under authority of State law which is transmitted:\n\n (i) By a cable system located in that State;\n\n (ii) By a cable system located in another State which conducts such a lottery; or\n\n (iii) By a cable system located in another State which is integrated with a cable system described in\n paragraphs (c)(1)(i) or (c)(1)(ii) of this section, if termination of the receipt of such\n transmission by the cable systems in such other State would be technically infeasible.\n\n (2) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming Regulatory Act. (25 U.S.C.\n 2701 et seq.).\n\n (3) A lottery, gift enterprise or similar scheme, other than one described in paragraph (c)(1) of this\n section, that is authorized or not otherwise prohibited by the State in which it is conducted and which\n is:\n\n (i) Conducted by a not-for-profit organization or a governmental organization; or\n\n (ii) Conducted as a promotional activity by a commercial organization and is clearly occasional and\n ancillary to the primary business of that organization.\n\n (d) For the purposes of paragraph (c) lottery means the pooling of proceeds derived from the sale of tickets\n or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket\n purchasers. It does not include the placing or accepting of bets or wagers on sporting events or contests.\n\n (e) For purposes of paragraph (c)(3)(i) of this section, the term “not-for-profit organization” means any\n organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986.\n\n[37 FR 3278, Feb. 12, 1972, as amended at 40 FR 6210, Feb. 10, 1975; 42 FR 13947, Apr. 13, 1977; 54 FR 20856, May 15, 1989; 55\nFR 18888, May 7, 1990]\n\n\n§ 76.225 Commercial limits in children's programs.\n (a) No cable operator shall air more than 10.5 minutes of commercial matter per hour during children's\n programming on weekends, or more than 12 minutes of commercial matter per hour on weekdays.\n\n (b) The display of Internet Web site addresses during program material or promotional material not counted\n as commercial time is permitted only if the Web site:\n\n (1) Offers a substantial amount of bona fide program-related or other noncommercial content;\n\n (2) Is not primarily intended for commercial purposes, including either e-commerce or advertising;\n\n47 CFR 76.225(b)(2) (enhanced display) page 96 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.225(b)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) The Web site's home page and other menu pages are clearly labeled to distinguish the\n noncommercial from the commercial sections; and\n\n (4) The page of the Web site to which viewers are directed by the Web site address is not used for e-\n commerce, advertising, or other commercial purposes (e.g., contains no links labeled “store” and no\n links to another page with commercial material).\n\n (c) If an Internet address for a Web site that does not meet the test in paragraph (b) of this section is\n displayed during a promotion in a children's program, in addition to counting against the commercial time\n limits in paragraph (a) of this section the promotion must be clearly separated from program material.\n\n (d)\n\n (1) Entities subject to commercial time limits under the Children's Television Act shall not display a Web\n site address during or adjacent to a program if, at that time, on pages that are primarily devoted to\n free noncommercial content regarding that specific program or a character appearing in that\n program:\n\n (i) Products are sold that feature a character appearing in that program; or\n\n (ii) A character appearing in that program is used to actively sell products.\n\n (2) The requirements of this paragraph do not apply to:\n\n (i) Third-party sites linked from the companies' Web pages;\n\n (ii) On-air third-party advertisements with Web site references to third-party Web sites; or\n\n (iii) Pages that are primarily devoted to multiple characters from multiple programs.\n\n (e) The requirements of this section shall not apply to programs aired on a broadcast television channel\n which the cable operator passively carries, or to access channels over which the cable operator may not\n exercise editorial control, pursuant to 47 U.S.C. 531(e) and 532(c)(2).\n\n\n Note 1 to § 76.225: Commercial matter means air time sold for purposes of selling a product or\n service and promotions of television programs or video programming services other than\n children's or other age-appropriate programming appearing on the same channel or promotions for\n children's educational and informational programming on any channel.\n\n\n Note 2 to § 76.225: For purposes of this section, children's programming refers to programs\n originally produced and broadcast primarily for an audience of children 12 years old and younger.\n\n\n Note 3 to § 76.225: Section 76.1703 contains recordkeeping requirements for cable operators with\n regard to children's programming.\n\n\n[56 FR 19616, Apr. 29, 1991, as amended at 65 FR 53615, Sept. 5, 2000; 70 FR 38, Jan. 3, 2005; 71 FR 64165, Nov. 1, 2006]\n\n\n§ 76.227 [Reserved]\n\n\n47 CFR 76.227 (enhanced display) page 97 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.309\nMultichannel Video and Cable Television Service\n\n\nSubpart H—General Operating Requirements\n§ 76.309 Customer service obligations.\n (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this\n section against cable operators. The franchise authority must provide affected cable operators ninety (90)\n days written notice of its intent to enforce the standards.\n\n (b) Nothing in this rule should be construed to prevent or prohibit:\n\n (1) A franchising authority and a cable operator from agreeing to customer service requirements that\n exceed the standards set forth in paragraph (c) of this section;\n\n (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer\n service requirements that exceed the standards set forth in paragraph (c) of this section and are\n contained in current franchise agreements;\n\n (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the\n extent not specifically preempted herein; or\n\n (4) The establishment or enforcement of any State or municipal law or regulation concerning customer\n service that imposes customer service requirements that exceed, or address matters not addressed\n by the standards set forth in paragraph (c) of this section.\n\n (c) Cable operators are subject to the following customer service standards:\n\n (1) Cable system office hours and telephone availability—\n\n (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will\n be available to its subscribers 24 hours a day, seven days a week.\n\n (A) Trained company representatives will be available to respond to customer telephone\n inquiries during normal business hours.\n\n (B) After normal business hours, the access line may be answered by a service or an\n automated response system, including an answering machine. Inquiries received after\n normal business hours must be responded to by a trained company representative on the\n next business day.\n\n (ii) Under normal operating conditions, telephone answer time by a customer representative,\n including wait time, shall not exceed thirty (30) seconds when the connection is made. If the\n call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards\n shall be met no less than ninety (90) percent of the time under normal operating conditions,\n measured on a quarterly basis.\n\n (iii) The operator will not be required to acquire equipment or perform surveys to measure\n compliance with the telephone answering standards above unless an historical record of\n complaints indicates a clear failure to comply.\n\n (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3)\n percent of the time.\n\n (v) Customer service center and bill payment locations will be open at least during normal\n business hours and will be conveniently located.\n\n\n47 CFR 76.309(c)(1)(v) (enhanced display) page 98 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.309(c)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Installations, outages and service calls. Under normal operating conditions, each of the following\n four standards will be met no less than ninety five (95) percent of the time measured on a quarterly\n basis:\n\n (i) Standard installations will be performed within seven (7) business days after an order has been\n placed. “Standard” installations are those that are located up to 125 feet from the existing\n distribution system.\n\n (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working\n on “service interruptions” promptly and in no event later than 24 hours after the interruption\n becomes known. The cable operator must begin actions to correct other service problems the\n next business day after notification of the service problem.\n\n (iii) The “appointment window” alternatives for installations, service calls, and other installation\n activities will be either a specific time or, at maximum, a four-hour time block during normal\n business hours. (The operator may schedule service calls and other installation activities\n outside of normal business hours for the express convenience of the customer.)\n\n (iv) An operator may not cancel an appointment with a customer after the close of business on the\n business day prior to the scheduled appointment.\n\n (v) If a cable operator representative is running late for an appointment with a customer and will\n not be able to keep the appointment as scheduled, the customer will be contacted. The\n appointment will be rescheduled, as necessary, at a time which is convenient for the customer.\n\n (3) Communications between cable operators and cable subscribers—\n\n (i) Refunds—Refund checks will be issued promptly, but no later than either—\n\n (A) The customer's next billing cycle following resolution of the request or thirty (30) days,\n whichever is earlier, or\n\n (B) The return of the equipment supplied by the cable operator if service is terminated.\n\n (ii) Credits—Credits for service will be issued no later than the customer's next billing cycle\n following the determination that a credit is warranted.\n\n (4) Definitions—\n\n (i) Normal business hours —The term “normal business hours” means those hours during which\n most similar businesses in the community are open to serve customers. In all cases, “normal\n business hours” must include some evening hours at least one night per week and/or some\n weekend hours.\n\n (ii) Normal operating conditions —The term “normal operating conditions” means those service\n conditions which are within the control of the cable operator. Those conditions which are not\n within the control of the cable operator include, but are not limited to, natural disasters, civil\n disturbances, power outages, telephone network outages, and severe or unusual weather\n conditions. Those conditions which are ordinarily within the control of the cable operator\n include, but are not limited to, special promotions, pay-per-view events, rate increases, regular\n peak or seasonal demand periods, and maintenance or upgrade of the cable system.\n\n (iii) Service interruption —The term “service interruption” means the loss of picture or sound on one\n or more cable channels.\n\n47 CFR 76.309(c)(4)(iii) (enhanced display) page 99 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.501\nMultichannel Video and Cable Television Service\n\n\n\n Note to § 76.309: Section 76.1602 contains notification requirements for cable operators with\n regard to operator obligations to subscribers and general information to be provided to customers\n regarding service. Section 76.1603 contains subscriber notification requirements governing rate\n and service changes. Section 76.1619 contains notification requirements for cable operators with\n regard to subscriber bill information and operator response procedures pertaining to bill disputes.\n\n\n[58 FR 21109, Apr. 19, 1993, as amended at 61 FR 18977, Apr. 30, 1996; 65 FR 53615, Sept. 5, 2000; 67 FR 1650, Jan. 14, 2002; 83\nFR 7627, Feb. 22, 2018]\n\n\nSubpart I [Reserved]\n\nSubpart J—Ownership of Cable Systems\n§ 76.501 Cross-ownership.\n (a)–(c) [Reserved]\n\n (d) No cable operator shall offer satellite master antenna television service (“SMATV”), as that service is\n defined in § 76.5(a)(2), separate and apart from any franchised cable service in any portion of the\n franchise area served by that cable operator's cable system, either directly or indirectly through an affiliate\n owned, operated, controlled, or under common control with the cable operator.\n\n (e)\n\n (1) A cable operator may directly or indirectly, through an affiliate owned, operated, controlled by, or\n under common control with the cable operator, offer SMATV service within its franchise area if the\n cable operator's SMATV system was owned, operated, controlled by or under common control with\n the cable operator as of October 5, 1992.\n\n (2) A cable operator may directly or indirectly, through an affiliate owned, operated, controlled by, or\n under common control with the cable operator, offer service within its franchise area through SMATV\n facilities, provided such service is offered in accordance with the terms and conditions of a cable\n franchise agreement.\n\n (f) The restrictions in paragraphs (d) and (e) of this section shall not apply to any cable operator in any\n franchise area in which a cable operator is subject to effective competition as determined under section\n 623(l) of the Communications Act.\n\n\n Note 1 to § 76.501: Actual working control, in whatever manner exercised, shall be deemed a\n cognizable interest.\n\n\n Note 2 to § 76.501: In applying the provisions of this section, ownership and other interests in an\n entity or entities covered by this rule will be attributed to their holders and deemed cognizable\n pursuant to the following criteria:\n\n\n\n\n47 CFR 76.501(f) (enhanced display) page 100 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.501(f)\nMultichannel Video and Cable Television Service\n\n\n\n (a) Except as otherwise provided herein, partnership and direct ownership interests and any voting\n stock interest amounting to 5% or more of the outstanding voting stock of a corporation will be\n cognizable;\n\n (b) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies and banks holding\n stock through their trust departments in trust accounts will be considered to have a cognizable\n interest only if they hold 20% or more of the outstanding voting stock of a corporation, or if any of\n the officers or directors of the corporation are representatives of the investment company,\n insurance company or bank concerned. Holdings by a bank or insurance company will be\n aggregated if the bank or insurance company has any right to determine how the stock will be\n voted. Holdings by investment companies will be aggregated if under common management.\n\n (c) Attribution of ownership interests in an entity covered by this rule that are held indirectly by any\n party through one or more intervening corporations will be determined by successive\n multiplication of the ownership percentages for each link in the vertical ownership chain and\n application of the relevant attribution benchmark to the resulting product, except that wherever the\n ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes\n of this multiplication. [For example, if A owns 10% of company X, which owns 60% of company Y,\n which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's\n interest since X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 ×\n 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's\n interest would not be cognizable.]\n\n (d) Voting stock interests held in trust shall be attributed to any person who holds or shares the\n power to vote such stock, to any person who has the sole power to sell such stock, and to any\n person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee\n has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the\n grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An\n otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution\n with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the\n relevant entity covered by this rule are subject to said trust.\n\n (e) Subject to paragraph (i) of this Note, holders of non-voting stock shall not be attributed an\n interest in the issuing entity. Subject to paragraph (i) of this Note, holders of debt and instruments\n such as warrants, convertible debentures, options or other non-voting interests with rights of\n conversion to voting interests shall not be attributed unless and until conversion is effected.\n\n (f)(1) Subject to paragraph (i) of this Note, a limited partnership interest shall be attributed to a\n limited partner unless that partner is not materially involved, directly or indirectly, in the\n management or operation of the media-related activities of the partnership and the relevant entity\n so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability\n\n\n\n\n47 CFR 76.501(f) (enhanced display) page 101 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.501(f)\nMultichannel Video and Cable Television Service\n\n\n\n Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not\n materially involved, directly or indirectly, in the management or operation of the media-related\n activities of the partnership and the relevant entity so certifies.\n\n (2) In the case of a limited partnership, in order for an entity to make the certification set forth in\n paragraph (g)(1) of this section, it must verify that the partnership agreement or certificate of\n limited partnership, with respect to the particular limited partner exempt from attribution,\n establishes that the exempt limited partner has no material involvement, directly or indirectly, in\n the management or operation of the media activities of the partnership. In the case of an LLC or\n RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of this section, it\n must verify that the organizational document, with respect to the particular interest holder exempt\n from attribution, establishes that the exempt interest holder has no material involvement, directly\n or indirectly, in the management or operation of the media activities of the LLC or RLLP. The\n criteria which would assume adequate insulation for purposes of these certifications are\n described in the Memorandum Opinion and Order in MM Docket No. 83–46, FCC 85–252 (released\n June 24, 1985), as modified on reconsideration in the Memorandum Opinion and Order in MM\n Docket No. 83–46, FCC 86–410 (released November 28, 1986). Irrespective of the terms of the\n certificate of limited partnership or partnership agreement, or other organizational document in\n the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity\n making the certification has actual knowledge of any material involvement of the limited partners,\n or other interest holders in the case of an LLC or RLLP, in the management or operation of the\n media businesses of the partnership or LLC or RLLP.\n\n (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the\n relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our\n criteria.\n\n (g) Officers and directors of an entity covered by this rule are considered to have a cognizable\n interest in the entity with which they are so associated. If any such entity engages in businesses in\n addition to its primary media business, it may request the Commission to waive attribution for any\n officer or director whose duties and responsibilities are wholly unrelated to its primary business.\n The officers and directors of a parent company of a media entity, with an attributable interest in\n any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless\n the duties and responsibilities of the officer or director involved are wholly unrelated to the media\n subsidiary, and a certification properly documenting this fact is submitted to the Commission. The\n officers and directors of a sister corporation of a media entity shall not be attributed with\n ownership of that entity by virtue of such status.\n\n (h) Discrete ownership interests held by the same individual or entity will be aggregated in\n determining whether or not an interest is cognizable under this section. An individual or entity will\n be deemed to have a cognizable investment if:\n\n\n\n\n47 CFR 76.501(f) (enhanced display) page 102 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.501(f)\nMultichannel Video and Cable Television Service\n\n\n\n (1) The sum of the interests held by or through “passive investors” is equal to or exceeds 20\n percent; or\n\n (2) The sum of the interests other than those held by or through “passive investors” is equal to or\n exceeds 5 percent; or\n\n (3) The sum of the interests computed under paragraph (i)(1) of this section plus the sum of the\n interests computed under paragraph (i)(2) of this section is equal to or exceeds 20 percent.\n\n (i) Notwithstanding paragraphs (e) and (f) of this Note, the holder of an equity or debt interest or\n interests in an entity covered by this rule shall have that interest attributed if the equity (including\n all stockholdings, whether voting or nonvoting, common or preferred, and partnership interests)\n and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all\n equity plus all debt) of that entity, provided however that:\n\n (1) in applying the provisions of paragraph (i) of this note to §§ 76.501, 76.505 and 76.905(b)(2),\n the holder of an equity or debt interest or interests in a broadcast station, cable system, SMATV or\n multiple video distribution provider subject to § 76.501, § 76.505, or § 76.905(b)(2) (“interest\n holder”) shall have that interest attributed if the equity (including all stockholdings, whether voting\n or nonvoting, common or preferred, and partnership interests) and debt interest or interests, in the\n aggregate, exceed 33 percent of the total asset value (defined as the aggregate of all equity plus\n all debt) of that entity; and\n\n (i) the interest holder also holds an interest in a broadcast station, cable system, SMATV, or\n multiple video distribution provider that operates in the same market, is subject to § 76.501, §\n 76.505, or § 76.905(b)(2) and is attributable without reference to this paragraph (i); or\n\n (ii) the interest holder supplies over fifteen percent of the total weekly broadcast programming\n hours of the station in which the interest is held.\n\n (2) For purposes of applying subparagraph (i)(1), the term “market” will be defined as it is defined\n under the rule that is being applied.\n\n\n\n Note 3 to § 76.501: In cases where record and beneficial ownership of voting stock is not identical\n (e.g., bank nominees holding stock as record owners for the benefit of mutual funds, brokerage\n houses holding stock in street names for benefit of customers, investment advisors holding stock\n in their own names for the benefit of clients, and insurance companies holding stock), the party\n having the right to determine how the stock will be voted will be considered to own it for purposes\n of this subpart.\n\n\n Note 4 to § 76.501: Paragraph (a) of this section will not be applied so as to require the divestiture\n\n\n47 CFR 76.501(f) (enhanced display) page 103 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.502\nMultichannel Video and Cable Television Service\n\n\n\n of ownership interests proscribed herein solely because of the transfer of such interests to heirs or\n legatees by will or intestacy, provided that the degree or extent of the proscribed cross-ownership\n is not increased by such transfer.\n\n\n Note 5 to § 76.501: Certifications pursuant to this section and these notes shall be sent to the\n attention of the Media Bureau, Federal Communications Commission, located at the address of\n the FCC's main office indicated in 47 CFR 0.401(a).\n\n\n Note 6 to § 76.501: In applying paragraph (a) of § 76.501, for purposes of paragraph note 2(i) of\n this section, attribution of ownership interests in an entity covered by this rule that are held\n indirectly by any party through one or more intervening organizations will be determined by\n successive multiplication of the ownership percentages for each link in the vertical ownership\n chain and application of the relevant attribution benchmark to the resulting product. The\n ownership percentage for any link in the chain that exceeds 50% shall be included. [For example, if\n A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's\n interest in “Licensee” would 15% (0.6 × 0.25), and A's interest in “Licensee” would be 1.5% (0.1 ×\n 0.6 × 0.25).]\n\n\n[58 FR 27677, May 11, 1993, as amended at 60 FR 37834, July 24, 1995; 61 FR 15388, Apr. 8, 1996; 64 FR 50646, Sept. 17, 1999;\n64 FR 67194, Dec. 1, 1999; 66 FR 9973, Feb. 13, 2001; 67 FR 13234, Mar. 21, 2002; 68 FR 13237, Mar. 19, 2003; 85 FR 64409, Oct.\n13, 2020]\n\n\n§ 76.502 Time limits applicable to franchise authority consideration of transfer applications.\n (a) A franchise authority shall have 120 days from the date of submission of a completed FCC Form 394,\n together with all exhibits, and any additional information required by the terms of the franchise agreement\n or applicable state or local law to act upon an application to sell, assign, or otherwise transfer controlling\n ownership of a cable system.\n\n (b) A franchise authority that questions the accuracy of the information provided under paragraph (a) must\n notify the cable operator within 30 days of the filing of such information, or such information shall be\n deemed accepted, unless the cable operator has failed to provide any additional information reasonably\n requested by the franchise authority within 10 days of such request.\n\n (c) If the franchise authority fails to act upon such transfer request within 120 days, such request shall be\n deemed granted unless the franchise authority and the requesting party otherwise agree to an extension\n of time.\n\n[61 FR 15388, Apr. 8, 1996]\n\n\n\n\n47 CFR 76.502(c) (enhanced display) page 104 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.503\nMultichannel Video and Cable Television Service\n\n\n§ 76.503 National subscriber limits.\n (a) No cable operator shall serve more than 30 percent of all multichannel-video programming subscribers\n nationwide through multichannel video programming distributors owned by such operator or in which\n such cable operator holds an attributable interest.\n\n (b)–(d) [Reserved]\n\n (e) “Multichannel video-programming subscribers” means subscribers who receive multichannel video-\n programming from cable systems, direct broadcast satellite services, direct-to-home satellite services,\n BRS/EBS, local multipoint distribution services, satellite master antenna television services (as defined in\n § 76.5(a)(2)), and open video systems.\n\n (f) “Cable operator” means any person or entity that owns or has an attributable interest in an incumbent\n cable franchise.\n\n (g) Prior to acquiring additional multichannel video-programming providers, any cable operator that serves\n 20% or more of multichannel video-programming subscribers nationwide shall certify to the Commission,\n concurrent with its applications to the Commission for transfer of licenses at issue in the acquisition, that\n no violation of the national subscriber limits prescribed in this section will occur as a result of such\n acquisition.\n\n\n Note 1 to § 76.503: Certifications made under this section shall be sent to the attention of the\n Media Bureau, Federal Communications Commission, located at the address of the FCC's main\n office indicated in 47 CFR 0.401(a).\n\n\n Note 2 to § 76.503: Attributable Interest shall be defined by reference to the criteria set forth in\n Notes 1 through 5 to § 76.501 provided however, that:\n (a) Notes 2(f) and 2(g) to § 76.501 to shall not apply;\n\n (b)(1) Subject to Note 2(i) to § 76.501, a limited partnership interest shall be attributed to a limited\n partner unless that partner is not materially involved, directly or indirectly, in the management or\n operation of the video programming-related activities of the partnership and the relevant entity so\n certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability\n Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not\n materially involved, directly or indirectly, in the management or operation of the video\n programming-related activities of the partnership and the relevant entity so certifies.\n\n (2) In the case of a limited partnership, in order for an entity to make the certification set forth in\n paragraph (b)(1) of this section, it must verify that the partnership agreement or certificate of\n limited partnership, with respect to the particular limited partner exempt from attribution,\n establishes that the exempt limited partner has no material involvement, directly or indirectly, in\n the management or operation of the video programming activities of the partnership. In the case\n of an LLC or RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of\n this section, it must verify that the organizational document, with respect to the particular interest\n holder exempt from attribution, establishes that the exempt interest holder has no material\n\n\n47 CFR 76.503(g) (enhanced display) page 105 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.504\nMultichannel Video and Cable Television Service\n\n\n\n involvement, directly or indirectly, in the management or operation of the video programming\n activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of\n these certifications are described in the Report and Order, FCC No. 99–288, CS Docket No. 98–82\n (released October 20, 1999). In order for the Commission to accept the certification, the\n certification must be accompanied by facts, e.g. in the form of documents, affidavits or\n declarations, that demonstrate that these insulation criteria are met. Irrespective of the terms of\n the certificate of limited partnership or partnership agreement, or other organizational document\n in the case of an LLC or RLLP, however, no such certification shall be made if the individual or\n entity making the certification has actual knowledge of any material involvement of the limited\n partners, or other interest holders in the case of an LLC or RLLP, in the management or operation\n of the video-programming activities of the partnership or LLC or RLLP.\n\n (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the\n relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our\n criteria.\n\n (c) Officers and directors of an entity covered by this rule are considered to have a cognizable\n interest in the entity with which they are so associated. If any such entity engages in activities\n other than video-programming activities, it may request the Commission to waive attribution for\n any officer or director whose duties and responsibilities are wholly unrelated to the entity's video-\n programming activities. In the case of common or appointed directors and officers, if common or\n appointed directors or officers have duties and responsibilities that are wholly unrelated to video-\n programming activities for both entities, the relevant entity may request the Commission to waive\n attribution of the director or officer. The officers and directors of a parent company of a video-\n programming business, with an attributable interest in any such subsidiary entity, shall be deemed\n to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer\n or director involved are wholly unrelated to the video-programming subsidiary, and a certification\n properly documenting this fact is submitted to the Commission. The officers and directors of a\n sister corporation of a cable system shall not be attributed with ownership of that entity by virtue\n of such status.\n\n\n\n[64 FR 67195, 67199, Dec. 1, 1999, as amended at 67 FR 13234, Mar. 21, 2002; 69 FR 72046, Dec. 10, 2004; 73 FR 11050, Feb. 29,\n2008; 85 FR 64409, Oct. 13, 2020]\n\n\n§ 76.504 Limits on carriage of vertically integrated programming.\n (a) Except as otherwise provided in this section no cable operator shall devote more than 40 percent of its\n activated channels to the carriage of national video programming services owned by the cable operator or\n in which the cable operator has an attributable interest.\n\n (b) The channel occupancy limits set forth in paragraph (a) of this section shall apply only to channel capacity\n up to 75 channels.\n\n\n\n\n47 CFR 76.504(b) (enhanced display) page 106 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.504(c)\nMultichannel Video and Cable Television Service\n\n\n (c) A cable operator may devote two additional channels or up to 45 percent of its channel capacity,\n whichever is greater, to the carriage of video programming services owned by the cable operator or in\n which the cable operator has an attributable interest provided such video programming services are\n minority-controlled.\n\n (d) Cable operators carrying video programming services owned by the cable operator or in which the cable\n operator holds an attributable interest in excess of limits set forth in paragraph (a) of this section as of\n December 4, 1992, shall not be precluded by the restrictions in this section.\n\n (e) Minority-controlled means more than 50 percent owned by one or more members of a minority group.\n\n (f) Minority means Black, Hispanic, American Indian, Alaska Native, Asian and Pacific Islander.\n\n\n Note 1: Attributable interest shall be defined by reference to the criteria set forth in Notes 1\n through 5 to § 76.501 provided however, that:\n (a) Notes 2(f) and 2(g) to § 76.501 to shall not apply;\n\n (b)(1) Subject to Note 2(i) to § 76.501, a limited partnership interest shall be attributed to a limited\n partner unless that partner is not materially involved, directly or indirectly, in the management or\n operation of the video programming-related activities of the partnership and the relevant entity so\n certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability\n Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not\n materially involved, directly or indirectly, in the management or operation of the video\n programming-related activities of the partnership and the relevant entity so certifies.\n\n (2) In the case of a limited partnership, in order for an entity to make the certification set forth in\n paragraph (b)(1) of this section, it must verify that the partnership agreement or certificate of\n limited partnership, with respect to the particular limited partner exempt from attribution,\n establishes that the exempt limited partner has no material involvement, directly or indirectly, in\n the management or operation of the video programming activities of the partnership. In the case\n of an LLC or RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of\n this section, it must verify that the organizational document, with respect to the particular interest\n holder exempt from attribution, establishes that the exempt interest holder has no material\n involvement, directly or indirectly, in the management or operation of the video programming\n activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of\n these certifications are described in the Report and Order, FCC No. 99–288, CS Docket No. 98–82\n (released October 20, 1999). In order for the Commission to accept the certification, the\n certification must be accompanied by facts, e.g. in the form of documents, affidavits or\n declarations, that demonstrate that these insulation criteria are met. Irrespective of the terms of\n the certificate of limited partnership or partnership agreement, or other organizational document\n in the case of an LLC or RLLP, however, no such certification shall be made if the individual or\n entity making the certification has actual knowledge of any material involvement of the limited\n partners, or other interest holders in the case of an LLC or RLLP, in the management or operation\n of the video-programming activities of the partnership or LLC or RLLP.\n\n\n\n\n47 CFR 76.504(f) (enhanced display) page 107 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.505\nMultichannel Video and Cable Television Service\n\n\n\n (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the\n relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our\n criteria.\n\n (c) Officers and directors of an entity covered by this rule are considered to have a cognizable\n interest in the entity with which they are so associated. If any such entity engages in activities\n other than video-programming activities, it may request the Commission to waive attribution for\n any officer or director whose duties and responsibilities are wholly unrelated to the entity's video-\n programming activities. In the case of common or appointed directors and officers, if common or\n appointed directors or officers have duties and responsibilities that are wholly unrelated to video-\n programming activities for both entities, the relevant entity may request the Commission to waive\n attribution of the director or officer. The officers and directors of a parent company of a video-\n programming business, with an attributable interest in any such subsidiary entity, shall be deemed\n to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer\n or director involved are wholly unrelated to the video-programming subsidiary, and a certification\n properly documenting this fact is submitted to the Commission. The officers and directors of a\n sister corporation of a cable system shall not be attributed with ownership of that entity by virtue\n of such status.\n\n\n\n[58 FR 60141, Nov. 15, 1993, as amended at 64 FR 67196, Dec. 1, 1999; 65 FR 53615, Sept. 5, 2000; 85 FR 73429, Nov. 18, 2020]\n\n\n§ 76.505 Prohibition on buy outs.\n (a) No local exchange carrier or any affiliate of such carrier owned by, operated by, controlled by, or under\n common control with such carrier may purchase or otherwise acquire directly or indirectly more than a 10\n percent financial interest, or any management interest, in any cable operator providing cable service\n within the local exchange carrier's telephone service area.\n\n (b) No cable operator or affiliate of a cable operator that is owned by, operated by, controlled by, or under\n common ownership with such cable operator may purchase or otherwise acquire, directly or indirectly,\n more than a 10 percent financial interest, or any management interest, in any local exchange carrier\n providing telephone exchange service within such cable operator's franchise area.\n\n (c) A local exchange carrier and a cable operator whose telephone service area and cable franchise area,\n respectively, are in the same market may not enter into any joint venture or partnership to provide video\n programming directly to subscribers or to provide telecommunications services within such market.\n\n (d) Exceptions:\n\n (1) Notwithstanding paragraphs (a), (b), and (c) of this section, a local exchange carrier (with respect to\n a cable system located in its telephone service area) and a cable operator (with respect to the\n facilities of a local exchange carrier used to provide telephone exchange service in its cable\n franchise area) may obtain a controlling interest in, management interest in, or enter into a joint\n venture or partnership with the operator of such system or facilities for the use of such system or\n facilities to the extent that:\n\n (i) Such system or facilities only serve incorporated or unincorporated :\n\n47 CFR 76.505(d)(1)(i) (enhanced display) page 108 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.505(d)(1)(i)(A)\nMultichannel Video and Cable Television Service\n\n\n (A) Places or territories that have fewer than 35,000 inhabitants; and\n\n (B) Are outside an urbanized area, as defined by the Bureau of the Census; and\n\n (ii) In the case of a local exchange carrier, such system, in the aggregate with any other system in\n which such carrier has an interest, serves less than 10 percent of the households in the\n telephone service area of such carrier.\n\n (2) Notwithstanding paragraph (c) of this section, a local exchange carrier may obtain, with the\n concurrence of the cable operator on the rates, terms, and conditions, the use of that part of the\n transmission facilities of a cable system extending from the last multi-user terminal to the premises\n of the end user, if such use is reasonably limited in scope and duration, as determined by the\n Commission.\n\n (3) Notwithstanding paragraphs (a) and (c) of this section, a local exchange carrier may obtain a\n controlling interest in, or form a joint venture or other partnership with, or provide financing to, a\n cable system (hereinafter in this paragraph referred to as “the subject cable system”) if:\n\n (i) The subject cable system operates in a television market that is not in the top 25 markets, and\n such market has more than 1 cable system operator, and the subject cable system is not the\n cable system with the most subscribers in such television market;\n\n (ii) The subject cable system and the cable system with the most subscribers in such television\n market held on May 1, 1995, cable television franchises from the largest municipality in the\n television market and the boundaries of such franchises were identical on such date;\n\n (iii) The subject cable system is not owned by or under common ownership or control of any one of\n the 50 cable system operators with the most subscribers as such operators existed on May 1,\n 1995; and\n\n (iv) The system with the most subscribers in the television market is owned by or under common\n ownership or control of any one of the 10 largest cable system operators as such operators\n existed on May 1, 1995.\n\n (4) Paragraph (a) of this section does not apply to any cable system if:\n\n (i) The cable system serves no more than 17,000 cable subscribers, of which no less than 8,000\n live within an urban area, and no less than 6,000 live within a nonurbanized area as of June 1,\n 1995;\n\n (ii) The cable system is not owned by, or under common ownership or control with, any of the 50\n largest cable system operators in existence on June 1, 1995; and\n\n (iii) The cable system operates in a television market that was not in the top 100 television markets\n as of June 1, 1995.\n\n (5) Notwithstanding paragraphs (a) and (c) of this section, a local exchange carrier with less than\n $100,000,000 in annual operating revenues (or any affiliate of such carrier owned by, operated by,\n controlled by, or under common control with such carrier) may purchase or otherwise acquire more\n than a 10 percent financial interest in, or any management interest in, or enter into a joint venture or\n partnership with, any cable system within the local exchange carrier's telephone service area that\n serves no more than 20,000 cable subscribers, if no more than 12,000 of those subscribers live\n within an urbanized area, as defined by the Bureau of the Census.\n\n\n47 CFR 76.505(d)(5) (enhanced display) page 109 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.505(d)(6)\nMultichannel Video and Cable Television Service\n\n\n (6) The Commission may waive the restrictions of paragraphs (a), (b), or (c) of this section only if:\n\n (i) The Commission determines that, because of the nature of the market served by the affected\n cable system or facilities used to provide telephone exchange service:\n\n (A) The affected cable operator or local exchange carrier would be subjected to undue\n economic distress by the enforcement of such provisions;\n\n (B) The system or facilities would not be economically viable if such provisions were\n enforced; or\n\n (C) The anticompetitive effects of the proposed transaction are clearly outweighed in the\n public interest by the probable effect of the transaction in meeting the convenience and\n needs of the community to be served; and\n\n (ii) The local franchising authority approves of such waiver.\n\n (e) For purposes of this section, the term “telephone service area” when used in connection with a common\n carrier subject in whole or in part to title II of the Communications Act means the area within which such\n carrier provided telephone exchange service as of January 1, 1993, but if any common carrier after such\n date transfers its telephone exchange service facilities to another common carrier, the area to which such\n facilities provide telephone exchange service shall be treated as part of the telephone service area of the\n acquiring common carrier and not of the selling common carrier.\n\n (f) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or\n if a third party has an attributable interest in both entities.\n\n (g) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501.\n\n[61 FR 18977, Apr. 30, 1996, as amended at 64 FR 67196, Dec. 1, 1999]\n\n\nSubpart K—Technical Standards\n§ 76.601 Performance tests.\n (a) The operator of each cable television system shall be responsible for insuring that each such system is\n designed, installed, and operated in a manner that fully complies with the provisions of this subpart.\n\n (b) The operator of each cable television system that operates NTSC or similar channels shall conduct\n performance tests of the analog channels on that system at least twice each calendar year (at intervals\n not to exceed seven months), unless otherwise noted below. The performance tests shall be directed at\n determining the extent to which the system complies with all the technical standards set forth in § 76.605\n and shall be as follows:\n\n (1) For cable television systems with 1,000 or more subscribers but with 12,500 or fewer subscribers,\n proof-of-performance tests conducted pursuant to this section shall include measurements taken at\n six (6) widely separated points. However, within each cable system, one additional test point shall be\n added for every additional 12,500 subscribers or fraction thereof (e.g., 7 test points if 12,501 to\n 25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). In addition, for technically\n integrated portions of cable systems that are not mechanically continuous (e.g., employing\n microwave connections), at least one test point will be required for each portion of the cable system\n served by a technically integrated hub. The proof-of-performance test points chosen shall be\n balanced to represent all geographic areas served by the cable system. At least one-third of the test\n\n47 CFR 76.601(b)(1) (enhanced display) page 110 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.601(b)(2)\nMultichannel Video and Cable Television Service\n\n\n points shall be representative of subscriber terminals most distant from the system input and from\n each microwave receiver (if microwave transmissions are employed), in terms of cable length. The\n measurements may be taken at convenient monitoring points in the cable network provided that\n data shall be included to relate the measured performance of the system as would be viewed from a\n nearby subscriber terminal. An identification of the instruments, including the makes, model\n numbers, and the most recent date of calibration, a description of the procedures utilized, and a\n statement of the qualifications of the person performing the tests shall also be included.\n\n (2) Proof-of-performance tests to determine the extent to which a cable television system complies with\n the standards set forth in § 76.605(b)(3), (4), and (5) shall be made on each of the NTSC or similar\n video channels of that system. Unless otherwise noted, proof-of-performance tests for all other\n standards in § 76.605(b) shall be made on a minimum of five (5) channels for systems operating a\n total activated channel capacity of less than 550 MHz, and ten (10) channels for systems operating\n a total activated channel capacity of 550 MHz or greater. The channels selected for testing must be\n representative of all the channels within the cable television system.\n\n (i) The operator of each cable television system that operates NTSC or similar channels shall\n conduct semi-annual proof-of-performance tests of that system, to determine the extent to\n which the system complies with the technical standards set forth in § 76.605(b)(4) as follows.\n The visual signal level on each channel shall be measured and recorded, along with the date\n and time of the measurement, once every six hours (at intervals of not less than five hours or\n no more than seven hours after the previous measurement), to include the warmest and the\n coldest times, during a 24-hour period in January or February and in July or August.\n\n (ii) The operator of each cable television system that operates NTSC or similar channels shall\n conduct triennial proof-of-performance tests of its system to determine the extent to which the\n system complies with the technical standards set forth in § 76.605(b)(11).\n\n (c) Successful completion of the performance tests required by paragraph (b) of this section does not relieve\n the system of the obligation to comply with all pertinent technical standards at all subscriber terminals.\n Additional tests, repeat tests, or tests involving specified subscriber terminals may be required by the\n Commission or the local franchiser to secure compliance with the technical standards.\n\n (d) The provisions of paragraphs (b) and (c) of this section shall not apply to any cable television system\n having fewer than 1,000 subscribers: Provided, however, that any cable television system using any\n frequency spectrum other than that allocated to over-the-air television and FM broadcasting (as described\n in §§ 73.603 and 73.210 of this chapter) is required to conduct all tests, measurements and monitoring of\n signal leakage that are required by this subpart. A cable television system operator complying with the\n monitoring, logging and the leakage repair requirements of § 76.614, shall be considered to have met the\n requirements of this paragraph. However, the leakage log shall be retained for five years rather than the\n two years prescribed in § 76.1706.\n\n\n Note 1 to § 76.601: Prior to requiring any additional testing pursuant to § 76.601(c), the local\n franchising authority shall notify the cable operator who will be allowed thirty days to come into\n compliance with any perceived signal quality problems which need to be corrected. The\n Commission may request cable operators to test their systems at any time.\n\n\n Note 2 to § 76.601: Section 76.1717 contains recordkeeping requirements for each system\n\n47 CFR 76.601(d) (enhanced display) page 111 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.602\nMultichannel Video and Cable Television Service\n\n\n\n operator in order to show compliance with the technical rules of this subpart.\n\n\n Note 3 to § 76.601: Section 76.1704 contains recordkeeping requirements for proof of\n performance tests.\n\n\n[65 FR 53615, Sept. 5, 2000, as amended at 83 FR 7627, Feb. 22, 2018]\n\n\n§ 76.602 Incorporation by reference.\n (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal\n Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this\n section, the FCC must publish a document in the FEDERAL REGISTER and the material must be available to\n the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC\n and the National Archives and Records Administration (NARA). Contact the FCC through the Federal\n Communications Commission's Reference Information Center, phone: (202) 418–0270. For information\n on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or\n email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs\n of this section.\n\n (b) The following materials are available from Advanced Television Systems Committee (ATSC), 1776 K\n Street NW., 8th Floor, Washington, DC 20006; phone: 202–872–9160; or online at http://www.atsc.org/\n standards.html.\n\n (1) ATSC A/65B: “ATSC Standard: Program and System Information Protocol for Terrestrial Broadcast\n and Cable (Revision B),” March 18, 2003, IBR approved for § 76.640.\n\n (2) ATSC A/85:2013 “ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio\n Loudness for Digital Television,” (March 12, 2013) (“ATSC A/85 RP”), IBR approved for § 76.607.\n\n (c) The following materials are available from the Consumer Technology Association (formerly the Consumer\n Electronics Association), 1919 S Eads St., Arlington, VA 22202; phone: 703–907–7600; web:\n standards.cta.tech/kwspub/published_docs/.\n\n (1) CTA–542–D, “Cable Television Channel Identification Plan,” June 2013, IBR approved for § 76.605.\n\n (2) CEA–931–A, “Remote Control Command Pass-through Standard for Home Networking,” 2003, IBR\n approved for § 76.640. (CEA–931–A is available through the document history of “CTA–931” from\n the reseller in paragraph (e)(2) of this section.)\n\n (d) The following materials are available from Society of Cable Telecommunications Engineers (SCTE), 140\n Philips Road Exton, PA 19341–1318; phone: 800–542–5040; or online at http://www.scte.org/standards/\n Standards_Available.aspx.\n\n (1) ANSI/SCTE 26 2001 (formerly DVS 194): “Home Digital Network Interface Specification with Copy\n Protection,” 2001, IBR approved for § 76.640.\n\n (2) SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard,” 2003, IBR approved for § 76.640.\n\n (3) ANSI/SCTE 40 2016, “Digital Cable Network Interface Standard,” copyright 2016, IBR approved for §§\n 76.605, 76.640.\n\n47 CFR 76.602(d)(3) (enhanced display) page 112 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.602(d)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System,” 2003, IBR approved for § 76.640.\n\n (5) ANSI/SCTE 54 2003 (formerly DVS 241), “Digital Video Service Multiplex and Transport System\n Standard for Cable Television,” 2003, IBR approved for § 76.640.\n\n (6) ANSI/SCTE 65 2002 (formerly DVS 234), “Service Information Delivered Out-of-Band for Digital Cable\n Television,” 2002, IBR approved for § 76.640.\n\n (e) Some standards listed above are also available for purchase from the following sources:\n\n (1) American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036;\n phone: 212–642–4980; or online at http://webstore.ansi.org/.\n\n (2) Global Engineering Documents (standards reseller), 15 Inverness Way East, Englewood, CO 80112;\n phone: 800–854–7179; or online at http://global.ihs.com.\n\n[77 FR 40300, July 9, 2012, as amended at 79 FR 51113, Aug. 27, 2014; 83 FR 7627, Feb. 22, 2018; 85 FR 64409, Oct. 13, 2020; 88\nFR 21448, Apr. 10, 2023]\n\n\n§ 76.605 Technical standards.\n (a) The following requirements apply to the performance of a cable television system as measured at the\n input to any terminal device with a matched impedance at the termination point or at the output of the\n modulating or processing equipment (generally the headend) of the cable television system or otherwise\n noted here or in ANSI/SCTE 40 2016. The requirements of paragraph (b) of this section are applicable to\n each NTSC or similar video downstream cable television channel in the system. Each cable system that\n uses QAM modulation to transport video programming shall adhere to ANSI/SCTE 40 2016 (incorporated\n by reference, see § 76.602). Cable television systems utilizing other technologies to distribute\n programming must respond to consumer complaints under paragraph (d) of this section.\n\n (b) For each NTSC or similar video downstream cable television channel in the system:\n\n (1) The cable television channels delivered to the subscriber's terminal shall be capable of being\n received and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast\n signals, as authorized under part 73 of this chapter; and cable television systems shall transmit\n signals to subscriber premises equipment on frequencies in accordance with the channel allocation\n plan set forth in CTA–542–D (incorporated by reference, see § 76.602).\n\n (2) The aural center frequency of the aural carrier must be 4.5 MHz ±5 kHz above the frequency of the\n visual carrier at the output of the modulating or processing equipment of a cable television system,\n and at the subscriber terminal.\n\n (3) The visual signal level, across a terminating impedance which correctly matches the internal\n impedance of the cable system as viewed from the subscriber terminal, shall not be less than 1\n millivolt across an internal impedance of 75 ohms (0 dBmV). Additionally, as measured at the end of\n a 30 meter (100 foot) cable drop that is connected to the subscriber tap, it shall not be less than 1.41\n millivolts across an internal impedance of 75 ohms (+3 dBmV). (At other impedance values, the\n minimum visual signal level, as viewed from the subscriber terminal, shall be the square root of\n 0.0133 (Z) millivolts and, as measured at the end of a 30 meter (100 foot) cable drop that is\n connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z) millivolts, where Z is\n the appropriate impedance value.)\n\n\n\n47 CFR 76.605(b)(3) (enhanced display) page 113 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.605(b)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is\n connected to the subscriber tap, shall not vary more than 8 decibels within any six-month interval,\n which must include four tests performed in six-hour increments during a 24-hour period in July or\n August and during a 24-hour period in January or February, and shall be maintained within:\n\n (i) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency\n separation;\n\n (ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300\n MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional\n 100 MHz of cable distribution system upper frequency limit (e.g., 11 dB for a system at\n 301–400 MHz; 12 dB for a system at 401–500 MHz, etc.); and\n\n (iii) A maximum level such that signal degradation due to overload in the subscriber's receiver or\n terminal does not occur.\n\n (5) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the\n associated visual signal level. This requirement must be met both at the subscriber terminal and at\n the output of the modulating and processing equipment (generally the headend). For subscriber\n terminals that use equipment which modulate and remodulate the signal (e.g., baseband\n converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 decibels\n below the associated visual signal level at the subscriber terminal.\n\n (6) The amplitude characteristic shall be within a range of ±2 decibels from 0.75 MHz to 5.0 MHz above\n the lower boundary frequency of the cable television channel, referenced to the average of the\n highest and lowest amplitudes within these frequency boundaries. The amplitude characteristic shall\n be measured at the subscriber terminal.\n\n (7) The ratio of RF visual signal level to system noise shall not be less than 43 decibels. For class I cable\n television channels, the requirements of this section are applicable only to:\n\n (i) Each signal which is delivered by a cable television system to subscribers within the predicted\n Grade B or noise-limited service contour, as appropriate, for that signal;\n\n (ii) Each signal which is first picked up within its predicted Grade B or noise-limited service contour,\n as appropriate;\n\n (iii) Each signal that is first received by the cable television system by direct video feed from a TV\n broadcast station, a low power TV station, or a TV translator station.\n\n (8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as\n intermodulation products, second and third order distortions or discrete-frequency interfering signals\n not operating on proper offset assignments shall be as follows:\n\n (i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for\n noncoherent channel cable television systems, when measured with modulated carriers and\n time averaged; and\n\n (ii) The ratio of visual signal level to coherent disturbances which are frequency-coincident with the\n visual carrier shall not be less than 47 decibels for coherent channel cable systems, when\n measured with modulated carriers and time averaged.\n\n (9) The terminal isolation provided to each subscriber terminal:\n\n\n47 CFR 76.605(b)(9) (enhanced display) page 114 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.605(b)(9)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Shall not be less than 18 decibels. In lieu of periodic testing, the cable operator may use\n specifications provided by the manufacturer for the terminal isolation equipment to meet this\n standard; and\n\n (ii) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber\n terminals from producing visible picture impairments at any other subscriber terminal.\n\n (10) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances\n (hum or repetitive transients) generated within the system, or by inadequate low frequency response,\n shall not exceed 3 percent of the visual signal level. Measurements made on a single channel using\n a single unmodulated carrier may be used to demonstrate compliance with this parameter at each\n test location.\n\n (11) The following requirements apply to the performance of the cable television system as measured at\n the output of the modulating or processing equipment (generally the headend) of the system:\n\n (i) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay\n time of the chrominance component of the signal relative to the luminance component, shall be\n within 170 nanoseconds.\n\n (ii) The differential gain for the color subcarrier of the television signal, which is measured as the\n difference in amplitude between the largest and smallest segments of the chrominance signal\n (divided by the largest and expressed in percent), shall not exceed ±20%.\n\n (iii) The differential phase for the color subcarrier of the television signal which is measured as the\n largest phase difference in degrees between each segment of the chrominance signal and\n reference segment (the segment at the blanking level of 0 IRE), shall not exceed ±10 degrees.\n\n (c) As an exception to the general provision requiring measurements to be made at subscriber terminals, and\n without regard to the type of signals carried by the cable television system, signal leakage from a cable\n television system shall be measured in accordance with the procedures outlined in § 76.609(h) and shall\n be limited as shown in table 1 to paragraph (c):\n\n\n Table 1 to Paragraph (c)\n\n Signal Distance\n Frequencies leakage in meters\n limit (m)\n Analog signals less than and including 54 MHz, and over 216 MHz 15 µV/m 30\n Digital signals less than and including 54 MHz, and over 216 MHz 13.1 µV/m 30\n Analog signals over 54 MHz up to and including 216 MHz 20 µV/m 3\n Digital signals over 54 MHz up to and including 216 MHz 17.4 µV/m 3\n\n\n (d) Cable television systems distributing signals by methods other than 6 MHz NTSC or similar analog\n channels or 6 MHz QAM or similar channels on conventional coaxial or hybrid fiber-coaxial cable systems\n and which, because of their basic design, cannot comply with one or more of the technical standards set\n forth in paragraphs (a) and (b) of this section, are permitted to operate without Commission approval,\n provided that the operators of those systems adhere to all other applicable Commission rules and\n respond to consumer and local franchising authorities regarding industry-standard technical operation as\n set forth in their local franchise agreements and consistent with § 76.1713.\n\n47 CFR 76.605(d) (enhanced display) page 115 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.606\nMultichannel Video and Cable Television Service\n\n\n\n Note 1: Local franchising authorities of systems serving fewer than 1,000 subscribers may adopt\n standards less stringent than those in § 76.605(a) and (b). Any such agreement shall be reduced\n to writing and be associated with the system's proof-of-performance records.\n\n\n Note 2: For systems serving rural areas as defined in § 76.5, the system may negotiate with its\n local franchising authority for standards less stringent than those in § 76.605(b)(3), (7), (8), (10)\n and (11). Any such agreement shall be reduced to writing and be associated with the system's\n proof-of-performance records.\n\n\n Note 3: The requirements of this section shall not apply to devices subject to the TV interface\n device rules under part 15 of this chapter.\n\n\n Note 4: Should subscriber complaints arise from a system failing to meet § 76.605(b)(10), the\n cable operator will be required to remedy the complaint and perform test measurements on §\n 76.605(b)(10) containing the full number of channels as indicated in § 76.601(b)(2) at the\n complaining subscriber's terminal. Further, should the problem be found to be system-wide, the\n Commission may order that the full number of channels as indicated in § 76.601(b)(2) be tested at\n all required locations for future proof-of-performance tests.\n\n\n Note 5: No State or franchising authority may prohibit, condition, or restrict a cable system's use of\n any type of subscriber equipment or any transmission technology.\n\n\n[83 FR 7627, Feb. 22, 2018]\n\n\n§ 76.606 Closed captioning.\n (a) The operator of each cable television system shall not take any action to remove or alter closed\n captioning data contained on line 21 of the vertical blanking interval.\n\n (b) The operator of each cable television system shall deliver intact closed captioning data contained on line\n 21 of the vertical blanking interval, as it arrives at the headend or from another origination source, to\n subscriber terminals and (when so delivered to the cable system) in a format that can be recovered and\n displayed by decoders meeting § 79.101 of this chapter.\n\n[83 FR 7629, Feb. 22, 2018]\n\n\n§ 76.607 Transmission of commercial advertisements.\n (a) Transmission of commercial advertisements by cable operator or other multichannel video programming\n distributor.\n\n\n\n47 CFR 76.607(a) (enhanced display) page 116 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.607(a)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Mandatory compliance with ATSC A/85 RP. Effective December 13, 2012, cable operators and other\n multichannel video programming distributors (MVPDs), as defined in 47 U.S.C. 522, must comply\n with ATSC A/85 RP (incorporated by reference, see § 76.602), insofar as it concerns the\n transmission of commercial advertisements.\n\n (2) Commercials inserted by cable operator or other MVPD. A cable operator or other multichannel video\n programming distributor that installs, utilizes, and maintains in a commercially reasonable manner\n the equipment and associated software to comply with ATSC A/85 RP shall be deemed in\n compliance with respect to locally inserted commercials, which for the purposes of this provision\n are commercial advertisements added to a programming stream by a cable operator or other MVPD\n prior to or at the time of transmission to viewers. In order to be considered to have installed, utilized\n and maintained the equipment and associated software in a commercially reasonable manner, a\n cable operator or other MVPD must:\n\n (i) Install, maintain and utilize equipment to properly measure the loudness of the content and to\n ensure that the dialnorm metadata value correctly matches the loudness of the content when\n encoding the audio into AC–3 for transmitting the content to the consumer;\n\n (ii) Provide records showing the consistent and ongoing use of this equipment in the regular\n course of business and demonstrating that the equipment has undergone commercially\n reasonable periodic maintenance and testing to ensure its continued proper operation;\n\n (iii) Certify that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any\n violation of which it has become aware has been corrected promptly upon becoming aware of\n such a violation; and\n\n (iv) Certify that its own transmission equipment is not at fault for any pattern or trend of\n complaints.\n\n (3) Embedded commercials—safe harbor. With respect to embedded commercials, which, for the\n purposes of this provision, are those commercial advertisements placed into the programming\n stream by a third party (i.e., programmer) and passed through by the cable operator or other MVPD\n to viewers, a cable operator or other MVPD must certify that its own transmission equipment is not\n at fault for any pattern or trend of complaints, and may demonstrate compliance with the ATSC A/85\n RP through one of the following methods:\n\n (i) Relying on a network's or other programmer's certification of compliance with the ATSC A/85\n RP with respect to commercial programming, provided that:\n\n (A) The certification is widely available by Web site or other means to any television broadcast\n station, cable operator, or multichannel video programming distributor that transmits that\n programming; and\n\n (B) The cable operator or other MVPD has no reason to believe that the certification is false;\n and\n\n (C) The cable operator or other MVPD performs a spot check, as defined in §\n 76.607(a)(3)(iv)(A), (B), (D), and (E), on the programming in response to an enforcement\n inquiry concerning a pattern or trend of complaints regarding commercials contained in\n that programming;\n\n (ii) If transmitting any programming that is not certified as described in § 76.607(a)(3)(i):\n\n\n47 CFR 76.607(a)(3)(ii) (enhanced display) page 117 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.607(a)(3)(ii)(A)\nMultichannel Video and Cable Television Service\n\n\n (A) A cable operator or other MVPD that had 10,000,000 subscribers or more as of December\n 31, 2011 must perform annual spot checks, as defined in § 76.607(a)(3)(iv)(A), (B), (C),\n and (E), of all the non-certified commercial programming it receives from a network or\n other programmer that is carried by any system operated by the cable operator or other\n MVPD, and perform a spot check, as defined in § 76.607(a)(3)(iv)(A), (B), (D), and (E), on\n programming in response to an enforcement inquiry concerning a pattern or trend of\n complaints regarding commercials contained in that programming; and\n\n (B) A cable operator or other MVPD that had fewer than 10,000,000 but more than 400,000\n subscribers as of December 31, 2011, must perform annual spot checks, as defined in §\n 76.607(a)(3)(iv)(A), (B), (C), and (E), of a randomly chosen 50 percent of the non-certified\n commercial programming it receives from a network or other programmer that is carried\n by any system operated by the cable operator or other MVPD, and perform a spot check,\n as defined in § 76.607(a)(3)(iv)(A), (B), (D), and (E), on programming in response to an\n enforcement inquiry concerning a pattern or trend of complaints regarding commercials\n contained in that programming; or\n\n (iii) A cable operator or other MVPD that had fewer than 400,000 subscribers as of December 31,\n 2011, need not perform annual spot checks but must perform a spot check, as defined in §\n 76.607(a)(3)(iv)(A), (B), (D), and (E), on programming in response to an enforcement inquiry\n concerning a pattern or trend of complaints regarding commercials contained in that\n programming.\n\n (iv) For the purposes of this section, a “spot check” of embedded commercials requires monitoring\n 24 uninterrupted hours of programming with an audio loudness meter compliant with the ATSC\n A/85 RP's measurement technique, and reviewing the records from that monitoring to detect\n any commercials transmitted in violation of the ATSC A/85 RP. The cable operator or other\n MVPD must not inform the network or programmer of the spot check prior to performing it.\n\n (A) Spot-checking must be conducted after the signal has passed through the cable operator\n or other MVPD's processing equipment (e.g., at the output of a set-top box). If a problem is\n found, the cable operator or other MVPD must determine the source of the\n noncompliance.\n\n (B) To be considered valid, the cable operator or other MVPD must demonstrate appropriate\n maintenance records for the audio loudness meter.\n\n (C) With reference to the annual “safe harbor” spot check in § 76.607(a)(3)(ii):\n\n (1) To be considered valid, the cable operator or other—MVPD must demonstrate, at the\n time of any enforcement inquiry, that appropriate spot checks had been ongoing.\n\n (2) If there is no single 24 hour period in which all programmers of a given channel are\n represented, an annual spot check could consist of a series of loudness\n measurements over the course of a 7 day period, totaling no fewer than 24 hours,\n that measure at least one program, in its entirety, provided by each non-certified\n programmer that supplies programming for that channel.\n\n (3) If annual spot checks are performed for two consecutive years without finding\n evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks\n are required to remain in the safe harbor for existing programming.\n\n\n47 CFR 76.607(a)(3)(iv)(C)(3) (enhanced display) page 118 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.607(a)(3)(iv)(C)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) Newly-added (or newly de-certified) non-certified channels must be spot-checked\n annually using the approach described in this section. If annual spot checks of the\n channel are performed for two consecutive years without finding evidence of\n noncompliance with the ATSC A/85 RP, no further annual spot checks are required to\n remain in the safe harbor for that channel.\n\n (5) Even after the two year period, if a spot check shows noncompliance on a non-\n certified channel, the cable operator or other MVPD must once again perform annual\n spot checks of that channel to be in the safe harbor for that programming. If these\n renewed annual spot checks are performed for two consecutive years without finding\n additional evidence of noncompliance with the ATSC A/85 RP, no further annual spot\n checks are required to remain in the safe harbor for that channel.\n\n (D) With reference to the spot checks in response to an enforcement inquiry pursuant to §\n 76.607(a)(3)(i)(C), (ii), or (iii):\n\n (1) If notified of a pattern or trend of complaints, the cable operator or other MVPD must\n perform the 24-hour spot check of the channel or programming at issue within 30\n days or as otherwise specified by the Enforcement Bureau; and\n\n (2) If the spot check reveals actual compliance, the cable operator or other MVPD must\n notify the Commission in its response to the enforcement inquiry.\n\n (E) If any spot check shows noncompliance with the ATSC A/85 RP, the cable operator or\n other MVPD must notify the Commission and the network or programmer within 7 days,\n direct the programmer's attention to any relevant complaints, and must perform a follow-\n up spot check within 30 days of providing such notice. The cable operator or other MVPD\n must notify the Commission and the network or programmer of the results of the follow-\n up spot check. Notice to the Federal Communications Commission must be provided to\n the Chief, Investigations and Hearings Division, Enforcement Bureau, or as otherwise\n directed in a Letter of Inquiry to which the cable operator or other MVPD is responding.\n\n (1) If the follow-up spot check shows compliance with the ATSC A/85 RP, the cable\n operator or other MVPD remains in the safe harbor for that channel or programming.\n\n (2) If the follow-up spot check shows noncompliance with the ATSC A/85 RP, the cable\n operator or other MVPD will not be in the safe harbor with respect to commercials\n contained in programming for which the spot check showed noncompliance until a\n subsequent spot check shows that the programming is in compliance.\n\n (4) Use of a real-time processor. A cable operator or other MVPD that installs, maintains and utilizes a\n real-time processor in a commercially reasonable manner will be deemed in compliance with the\n ATSC A/85 RP with regard to any commercial advertisements on which it uses such a processor, so\n long as it also:\n\n (i) Provides records showing the consistent and ongoing use of this equipment in the regular\n course of business and demonstrating that the equipment has undergone commercially\n reasonable periodic maintenance and testing to ensure its continued proper operation;\n\n (ii) Certifies that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any\n violation of which it has become aware has been corrected promptly upon becoming aware of\n such a violation; and\n\n47 CFR 76.607(a)(4)(ii) (enhanced display) page 119 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.607(a)(4)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) Certifies that its own transmission equipment is not at fault for any pattern or trend of\n complaints.\n\n (5) Commercials locally inserted by a cable operator or other MVPD's agent—safe harbor. With respect to\n commercials locally inserted, which for the purposes of this provision are commercial\n advertisements added to a programming stream for the cable operator or other MVPD by a third\n party after it has been received from the programmer but prior to or at the time of transmission to\n viewers, a cable operator or other MVPD may demonstrate compliance with the ATSC A/85 RP by\n relying on the third party local inserter's certification of compliance with the ATSC A/85 RP, provided\n that:\n\n (i) The cable operator or other MVPD has no reason to believe that the certification is false;\n\n (ii) The cable operator or other MVPD certifies that its own transmission equipment is not at fault\n for any pattern or trend of complaints; and\n\n (iii) The cable operator or other MVPD performs a spot check, as defined in § 76.607(a)(3)(iv)(A),\n (B), (D), and (E), on the programming at issue in response to an enforcement inquiry concerning\n a pattern or trend of complaints regarding commercials inserted by that third party.\n\n (6) Instead of demonstrating compliance pursuant to paragraphs (a)(2) through (5) of this section, a\n cable operator or other MVPD may demonstrate compliance with paragraph (a)(1) of this section in\n response to an enforcement inquiry prompted by a pattern or trend of complaints by demonstrating\n actual compliance with ATSC A/85 RP with regard to the commercial advertisements that are the\n subject of the inquiry, and certifying that its own transmission equipment is not at fault for any such\n pattern or trend of complaints.\n\n\n Note to § 76.607(a): For additional information regarding this requirement, see\n Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act, FCC\n 11–182.\n\n (b) [Reserved]\n\n[77 FR 40300, July 9, 2012]\n\n\n§ 76.609 Measurements.\n (a) Measurements made to demonstrate conformity with the performance requirements set forth in §§\n 76.601 and 76.605 shall be made under conditions which reflect system performance during normal\n operations, including the effect of any microwave relay operated in the Cable Television Relay (CARS)\n Service intervening between pickup antenna and the cable distribution network. Amplifiers shall be\n operated at normal gains, either by the insertion of appropriate signals or by manual adjustment. Special\n signals inserted in a cable television channel for measurement purposes should be operated at levels\n approximating those used for normal operation. Pilot tones, auxiliary or substitute signals, and\n nontelevision signals normally carried on the cable television system should be operated at normal levels\n to the extent possible. Some exemplary, but not mandatory, measurement procedures are set forth in this\n section.\n\n\n\n\n47 CFR 76.609(a) (enhanced display) page 120 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.609(b)\nMultichannel Video and Cable Television Service\n\n\n (b) When it may be necessary to remove the television signal normally carried on a cable television channel in\n order to facilitate a performance measurement, it will be permissible to disconnect the antenna which\n serves the channel under measurement and to substitute therefor a matching resistance termination.\n Other antennas and inputs should remain connected and normal signal levels should be maintained on\n other channels.\n\n (c) As may be necessary to ensure satisfactory service to a subscriber, the Commission may require\n additional tests to demonstrate system performance or may specify the use of different test procedures.\n\n (d) The frequency response of a cable television channel may be determined by one of the following\n methods, as appropriate:\n\n (1) By using a swept frequency or a manually variable signal generator at the sending end and a\n calibrated attenuator and frequency-selective voltmeter at the subscriber terminal; or\n\n (2) By using either a multiburst generator or vertical interval test signals and either a modulator or\n processor at the sending end, and by using either a demodulator and either an oscilloscope display\n or a waveform monitor display at the subscriber terminal.\n\n (e) System noise may be measured using a frequency-selective voltmeter (field strength meter) which has\n been suitably calibrated to indicate rms noise or average power level and which has a known bandwidth.\n With the system operating at normal level and with a properly matched resistive termination substituted\n for the antenna, noise power indications at the subscriber terminal are taken in successive increments of\n frequency equal to the bandwidth of the frequency-selective voltmeter, summing the power indications to\n obtain the total noise power present over a 4 MHz band centered within the cable television channel. If it\n is established that the noise level is constant within this bandwidth, a single measurement may be taken\n which is corrected by an appropriate factor representing the ratio of 4 MHz to the noise bandwidth of the\n frequency-selective voltmeter. If an amplifier is inserted between the frequency-selective voltmeter and\n the subscriber terminal in order to facilitate this measurement, it should have a bandwidth of at least 4\n MHz and appropriate corrections must be made to account for its gain and noise figure. Alternatively,\n measurements made in accordance with the NCTA Recommended Practices for Measurements on Cable\n Television Systems, 2nd edition, November 1989, on noise measurement may be employed.\n\n (f) The amplitude of discrete frequency interfering signals within a cable television channel may be\n determined with either a spectrum analyzer or with a frequency-selective voltmeter (field strength meter),\n which instruments have been calibrated for adequate accuracy. If calibration accuracy is in doubt,\n measurements may be referenced to a calibrated signal generator, or a calibrated variable attenuator,\n substituted at the point of measurement. If an amplifier is used between the subscriber terminal and the\n measuring instrument, appropriate corrections must be made to account for its gain.\n\n (g) The terminal isolation between any two terminals in the cable television system may be measured by\n applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at the\n other terminal. The frequency of the signal should be close to the midfrequency of the channel being\n tested. Measurements of terminal isolation are not required when either:\n\n (1) The manufacturer's specifications for subscriber tap isolation based on a representative sample of\n no less than 500 subscribers taps or\n\n (2) Laboratory tests performed by or for the operator of a cable television system on a representative\n sample of no less than 50 subscriber taps, indicates that the terminal isolation standard of §\n 76.605(a)(9) is met.\n\n\n47 CFR 76.609(g)(2) (enhanced display) page 121 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.609(h)\nMultichannel Video and Cable Television Service\n\n\n To demonstrate compliance with § 76.605(a)(9), the operator of a cable television system shall attach\n either such manufacturer's specifications or laboratory measurements as an exhibit to each proof-of-\n performance record.\n\n (h) Measurements to determine the field strength of the signal leakage emanated by the cable television\n system shall be made in accordance with standard engineering procedures. Measurements made on\n frequencies above 25 MHz shall include the following:\n\n (1) A field strength meter of adequate accuracy using a horizontal dipole antenna shall be employed.\n\n (2) Field strength shall be expressed in terms of the rms value of synchronizing peak for each cable\n television channel for which signal leakage can be measured.\n\n (3) The resonant half wave dipole antenna shall be placed 3 meters from and positioned directly below\n the system components and at 3 meters above ground. Where such placement results in a\n separation of less than 3 meters between the center of the dipole antenna and the system\n components, or less than 3 meters between the dipole and ground level, the dipole shall be\n repositioned to provide a separation of 3 meters from the system components at a height of 3\n meters or more above ground.\n\n (4) The horizontal dipole antenna shall be rotated about a vertical axis and the maximum meter reading\n shall be used.\n\n (5) Measurements shall be made where other conductors are 3 or more meters (10 or more feet) away\n from the measuring antenna.\n\n (i) For systems using cable traps and filters to control the delivery of specific channels to the subscriber\n terminal, measurements made to determine compliance with § 76.605(a) (5) and (6) may be performed at\n the location immediately prior to the trap or filter for the specific channel. The effects of these traps or\n filters, as certified by the system engineer or the equipment manufacturer, must be attached to each\n proof-of-performance record.\n\n (j) Measurements made to determine the differential gain, differential phase and the chrominance-luminance\n delay inequality (chroma delay) shall be made in accordance with the NCTA Recommended Practices for\n Measurements on Cable Television Systems, 2nd edition, November 1989, on these parameters.\n\n[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 41 FR 10067, Mar. 9, 1976; 42 FR 21782, Apr. 29, 1977; 49\nFR 45441, Nov. 16, 1984; 57 FR 11004, Apr. 1, 1992; 57 FR 61011, Dec. 23, 1992; 58 FR 44952, Aug. 25, 1993]\n\n\n§ 76.610 Operation in the frequency bands 108–137 MHz and 225–400 MHz—scope of\napplication.\nThe provisions of §§ 76.605(d), 76.611, 76.612, 76.613, 76.614, 76.616, 76.617, 76.1803 and 76.1804 are applicable\nto all MVPDs (cable and non-cable) transmitting analog carriers or other signal components carried at an average\npower level equal to or greater than 100 microwatts across a 25 kHz bandwidth in any 160 microsecond period or\ntransmitting digital carriers or other signal components at an average power level of 75.85 microwatts across a 25\nkHz bandwidth in any 160 microsecond period at any point in the cable distribution system in the frequency bands\n108–137 and 225–400 MHz for any purpose. Exception: Non-cable MVPDs serving less than 1000 subscribers and\nless than 1,000 units do not have to comply with § 76.1803.\n\n[83 FR 7629, Feb. 22, 2018]\n\n\n47 CFR 76.610 (enhanced display) page 122 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.611\nMultichannel Video and Cable Television Service\n\n\n§ 76.611 Cable television basic signal leakage performance criteria.\n (a) No cable television system shall commence or provide service in the frequency bands 108–137 and\n 225–400 MHz unless such systems is in compliance with one of the following cable television basic\n signal leakage performance criteria:\n\n (1) Prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with\n no more than 12 months between successive tests thereafter, based on a sampling of at least 75%\n of the cable strand, and including any portion of the cable system which are known to have or can\n reasonably be expected to have less leakage integrity than the average of the system, the cable\n operator demonstrates compliance with a cumulative signal leakage index by showing that 10 log I∞\n is equal to or less than 64 using the following formula:\n\n\n\n\n θ is the fraction of the system cable length actually examined for leakage sources and is equal to the\n strand kilometers (strand miles) of plant tested divided by the total strand kilometers (strand miles)\n in the plant;\n\n Ei is the electric field strength in microvolts per meter (µV/m) measured 3 meters from the leak i; and\n\n n is the number of leaks found of field strength equal to or greater than 50 µV/m measured pursuant\n to § 76.609(h).\n\n The sum is carried over all leaks i detected in the cable examined; or\n\n (2) Prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with\n no more than 12 months between successive tests thereafter, the cable operator demonstrates by\n measurement in the airspace that at no point does the field strength generated by the cable system\n exceed 10 microvolts per meter (µV/m) RMS at an altitude of 450 meters above the average terrain\n of the cable system. The measurement system (including the receiving antenna) shall be calibrated\n against a known field of 10 µV/m RMS produced by a well characterized antenna consisting of\n orthogonal resonant dipoles, both parallel to and one quarter wavelength above the ground plane of\n a diameter of two meters or more at ground level. The dipoles shall have centers collocated and be\n excited 90 degrees apart. The half-power bandwidth of the detector shall be 25 kHz. If an\n aeronautical receiver is used for this purpose it shall meet the standards of the Radio Technical\n Commission for Aeronautics (RCTA) for aeronautical communications receivers. The aircraft\n antenna shall be horizontally polarized. Calibration shall be made in the community unit or, if more\n than one, in any of the community units of the physical system within a reasonable time period to\n performing the measurements. If data is recorded digitally the 90th percentile level of points\n recorded over the cable system shall not exceed 10 µV/m RMS as indicated above; if analog\n recordings is used the peak values of the curves, when smoothed according to good engineering\n practices, shall not exceed 10 µV/m RMS.\n\n (b) In paragraphs (a)(1) and (2) of this section the unmodulated test signal used for analog leakage\n measurements on the cable plant shall—\n\n (1) Be within the VHF aeronautical band 108–137 MHz or any other frequency for which the results can\n be correlated to the VHF aeronautical band; and\n\n (2) Have an average power level equal to the greater of:\n\n47 CFR 76.611(b)(2) (enhanced display) page 123 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.611(b)(2)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) The peak envelope power level of the strongest NTSC or similar analog cable television signal\n on the system, or\n\n (ii) 1.2 dB greater than the average power level of the strongest QAM or similar digital cable\n television signal on the system.\n\n (c) In paragraphs (a)(1) and (2) of this section, if a modulated test signal is used for analog leakage\n measurements, the test signal and detector technique must, when considered together, yield the same\n result as though an unmodulated test signal were used in conjunction with a detection technique which\n would yield the RMS value of said unmodulated carrier.\n\n (d) If a sampling of at least 75% of the cable strand (and including any portions of the cable system which are\n known to have or can reasonably be expected to have less leakage integrity than the average of the\n system) as described in paragraph (a)(1) of this section cannot be obtained by the cable operator or is\n otherwise not reasonably feasible, the cable operator shall perform the airspace measurements described\n in paragraph (a)(2) of this section.\n\n (e) Prior to providing service to any subscriber on a new section of cable plant, the operator shall show\n compliance with either:\n\n (1) The basic signal leakage criteria in accordance with paragraphs (a)(1) or (2) of this section for the\n entire plant in operation or\n\n (2) a showing shall be made indicating that no individual leak in the new section of the plant exceeds 20\n µV/m at 3 meters in accordance with § 76.609 for analog signals or 17.4 µV/m at 3 meters for\n digital signals.\n\n (f) Notwithstanding paragraph (a) of this section, a cable operator shall be permitted to operate on any\n frequency which is offset pursuant to § 76.612 in the frequency band 108–137 MHz for the purpose of\n demonstrating compliance with the cable television basic signal leakage performance criteria.\n\n[83 FR 7629, Feb. 22, 2018]\n\n\n§ 76.612 Cable television frequency separation standards.\nAll cable television systems which operate analog NTSC or similar channels in the frequency bands 108–137 MHZ\nand 225–400 MHz shall comply with the following frequency separation standards for each NTSC or similar\nchannel:\n\n (a) In the aeronautical radiocommunication bands 118–137, 225–328.6 and 335.4–400 MHz, the frequency\n of all carrier signals or signal components carried at an average power level equal to or greater than 10−4\n watts in a 25 kHz bandwidth in any 160 microsecond period must operate at frequencies offset from\n certain frequencies which may be used by aeronautical radio services operated by Commission licensees\n or by the United States Government or its Agencies. The aeronautical frequencies from which offsets\n must be maintained are those frequencies which are within one of the aeronautical bands defined in this\n subparagraph, and when expressed in MHz and divided by 0.025 yield an integer. The offset must meet\n one of the following two criteria:\n\n (1) All such cable carriers or signal components shall be offset by 12.5 kHz with a frequency tolerance\n of ±5 kHz; or\n\n\n\n47 CFR 76.612(a)(1) (enhanced display) page 124 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.612(a)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The fundamental frequency from which the visual carrier frequencies are derived by multiplication by\n an integer number which shall be 6.0003 MHz with a tolerance of ±1 Hz (Harmonically Related\n Carrier (HRC) comb generators only).\n\n (b) In the aeronautical radionavigation bands 108–118 and 328.6–335.4 MHz, the frequency of all carrier\n signals or signal components carrier at an average power level equal to or greater than 10−4 watts in a 25\n kHz bandwidth in any 160 microsecond period shall be offset by 25 kHz with a tolerance of ±5 kHz. The\n aeronautical radionavigation frequencies from which offsets must be maintained are defined as follows:\n\n (1) Within the aeronautical band 108–118 MHz when expressed in MHz and divided by 0.025 yield an\n even integer.\n\n (2) Within the band 328.6–335.4 MHz, the radionavigation glide path channels are listed in Section\n 87.501 of the Rules.\n\n\n Note: The HRC system, as described above, will meet this requirement in the 328.6–335.4 MHz\n navigation glide path band. Those Incrementally Related Carriers (IRC) systems, with comb\n generator reference frequencies set at certain odd multiples equal to or greater than 3 times the\n 0.0125 MHz aeronautical communications band offset, e.g. (6n + 1.250 ±0.0375) MHz, may also\n meet the 25 kHz offset requirement in the navigation glide path band.\n\n\n[50 FR 29400, July 19, 1985, as amended at 83 FR 7630, Feb. 22, 2018]\n\n\n§ 76.613 Interference from a multichannel video programming distributor (MVPD).\n (a) Harmful interference is any emission, radiation or induction which endangers the functioning of a\n radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly\n interrupts a radiocommunication service operating in accordance with this chapter.\n\n (b) An MVPD that causes harmful interference shall promptly take appropriate measures to eliminate the\n harmful interference.\n\n (c) If harmful interference to radio communications involving the safety of life and protection of property\n cannot be promptly eliminated by the application of suitable techniques, operation of the offending MVPD\n or appropriate elements thereof shall immediately be suspended upon notification by the Regional\n Director for the Commission's local field office, and shall not be resumed until the interference has been\n eliminated to the satisfaction of the Regional Director. When authorized by the Regional Director, short\n test operations may be made during the period of suspended operation to check the efficacy of remedial\n measures.\n\n (d) The MVPD may be required by the Regional Director to prepare and submit a report regarding the cause(s)\n of the interference, corrective measures planned or taken, and the efficacy of the remedial measures.\n\n[42 FR 41296, Aug. 16, 1977, as amended at 62 FR 61031, Nov. 14, 1997; 80 FR 53751, Sept. 8, 2015]\n\n\n\n\n47 CFR 76.613(d) (enhanced display) page 125 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.614\nMultichannel Video and Cable Television Service\n\n\n§ 76.614 Cable television system regular monitoring.\nCable television operators transmitting carriers in the frequency bands 108–137 and 225–400 MHz shall provide for\na program of regular monitoring for signal leakage by substantially covering the plant every three months. The\nincorporation of this monitoring program into the daily activities of existing service personnel in the discharge of\ntheir normal duties will generally cover all portions of the system and will therefore meet this requirement.\nMonitoring equipment and procedures utilized by a cable operator shall be adequate to detect a leakage source\nwhich produces a field strength in these bands of 20 uV/m or greater at a distance of 3 meters. During regular\nmonitoring, any leakage source which produces a field strength of 20 uV/m or greater at a distance of 3 meters in\nthe aeronautical radio frequency bands shall be noted and such leakage sources shall be repaired within a\nreasonable period of time.\n\n\n Note 1 to § 76.614: Section 76.1706 contains signal leakage recordkeeping requirements\n applicable to cable operators.\n\n\n[65 FR 53616, Sept. 5, 2000]\n\n\n§ 76.616 Operation near certain aeronautical and marine emergency radio frequencies.\n (a) The transmission of carriers or other signal components capable of delivering peak power levels equal to\n or greater than 10−5 watts at any point in a cable television system is prohibited within 100 kHz of the\n frequency 121.5 MHz, and is prohibited within 50 kHz of the two frequencies 156.8 MHz and 243.0 MHz.\n\n (b) At any point on a cable system from 405.925 MHz to 406.176 MHz analog transmissions are prohibited\n from delivering peak power levels equal to or greater than 10−5 watts. The transmission of digital signals\n in this range is limited to power levels measured using a root-mean-square detector of less than 10−5\n watts in any 30 kHz bandwidth over any 2.5 millisecond interval.\n\n[69 FR 57862, Sept. 28, 2004]\n\n\n§ 76.617 Responsibility for interference.\nInterference resulting from the use of cable system terminal equipment (including subscriber terminal, input\nselector switch and any other accessories) shall be the responsibility of the cable system terminal equipment\noperator in accordance with the provisions of part 15 of this chapter: provided, however, that the operator of a cable\nsystem to which the cable system terminal equipment is connected shall be responsible for detecting and\neliminating any signal leakage where that leakage would cause interference outside the subscriber's premises and/\nor would cause the cable system to exceed the Part 76 signal leakage requirements. In cases where excessive\nsignal leakage occurs, the cable operator shall be required only to discontinue service to the subscriber until the\nproblem is corrected.\n\n[53 FR 46619, Nov. 18, 1989]\n\n\n§§ 76.618-76.620 [Reserved]\n\n\n\n\n47 CFR 76.618-76.620 (enhanced display) page 126 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.630\nMultichannel Video and Cable Television Service\n\n\n§ 76.630 Compatibility with consumer electronics equipment.\n (a) Cable system operators shall not scramble or otherwise encrypt signals delivered to a subscriber on the\n basic service tier.\n\n (1) This prohibition shall not apply in systems in which:\n\n (i) No encrypted signals are carried using the NTSC system; and\n\n (ii) The cable system operator offers to its existing subscribers who subscribe only to the basic\n service tier without use of a set-top box or CableCARD at the time of encryption the equipment\n necessary to descramble or decrypt the basic service tier signals (the subscriber's choice of a\n set-top box or CableCARD) on up to two television sets without charge or service fee for two\n years from the date encryption of the basic service tier commences; and\n\n (iii) The cable system operator offers to its existing subscribers who subscribe to a level of service\n above “basic only” but use a digital television or other device with a clear-QAM tuner to receive\n only the basic service tier without use of a set-top box or CableCARD at the time of encryption,\n the equipment necessary to descramble or decrypt the basic service tier signals (the\n subscriber's choice of a set-top box or CableCARD) on one television set without charge or\n service fee for one year from the date encryption of the basic service tier commences; and\n\n (iv) The cable system operator offers to its existing subscribers who receive Medicaid and also\n subscribe only to the basic service tier without use of a set-top box or CableCARD at the time of\n encryption the equipment necessary to descramble or decrypt the basic service tier signals (the\n subscriber's choice of a set-top box or CableCARD) on up to two television sets without charge\n or service fee for five years from the date encryption of the basic service tier commences;\n\n (v) The cable system operator notifies its existing subscribers of the availability of the offers\n described in paragraphs (ii) through (iv) of this section at least 30 days prior to the date\n encryption of the basic service tier commences and makes the offers available for at least 30\n days prior to and 120 days after the date encryption of the basic service tier commences. The\n notification to subscribers must state:\n\n On (DATE), (NAME OF CABLE OPERATOR) will start encrypting (INSERT NAME OF CABLE BASIC\n SERVICE TIER OFFERING) on your cable system. If you have a set-top box, digital transport adapter\n (DTA), or a retail CableCARD device connected to each of your TVs, you will be unaffected by this\n change. However, if you are currently receiving (INSERT NAME OF CABLE BASIC SERVICE TIER\n OFFERING) on any TV without equipment supplied by (NAME OF CABLE OPERATOR), you will lose\n the ability to view any channels on that TV.\n\n If you are affected, you should contact (NAME OF CABLE OPERATOR) to arrange for the equipment\n you need to continue receiving your services. In such case, you are entitled to receive equipment at\n no additional charge or service fee for a limited period of time. The number and type of devices you\n are entitled to receive and for how long will vary depending on your situation. If you are a (INSERT\n NAME OF CABLE BASIC SERVICE TIER OFFERING) customer and receive the service on your TV\n without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled to up to two devices for\n two years (five years if you also receive Medicaid). If you subscribe to a higher level of service and\n receive (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on a secondary TV without\n (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled to one device for one year.\n\n\n\n47 CFR 76.630(a)(1)(v) (enhanced display) page 127 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.630(a)(1)(vi)\nMultichannel Video and Cable Television Service\n\n\n You can learn more about this equipment offer and eligibility at (WEBPAGE ADDRESS) or by calling\n (PHONE NUMBER). To qualify for any equipment at no additional charge or service fee, you must\n request the equipment between (DATE THAT IS 30 DAYS BEFORE ENCRYPTION) and (DATE THAT IS\n 120 DAYS AFTER ENCRYPTION) and satisfy all other eligibility requirements.\n\n (vi) The cable system operator notifies its subscribers who have received equipment described in\n paragraphs (a)(1)(ii) through (iv) of this section at least 30 days, but no more than 60 days,\n before the end of the free device transitional period that the transitional period will end. This\n notification must state:\n\n You currently receive equipment necessary to descramble or decrypt the basic service tier signals\n (either a set-top box or CableCARD) free of charge. Effective with the (MONTH/YEAR) billing cycle,\n (NAME OF CABLE OPERATOR) will begin charging you for the equipment you received to access\n (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) when (NAME OF CABLE OPERATOR)\n started encrypting those channels on your cable system. The monthly charge for the (TYPE OF\n DEVICE) will be (AMOUNT OF CHARGE).\n\n (2) Requests for waivers of this prohibition must demonstrate either a substantial problem with theft of\n basic tier service or a strong need to scramble basic signals for other reasons. As part of this\n showing, cable operators are required to notify subscribers by mail of waiver requests. The notice to\n subscribers must be mailed no later than 30 calendar days from the date the request for waiver was\n filed with the Commission, and cable operators must inform the Commission in writing, as soon as\n possible, of that notification date. The notification to subscribers must state:\n\n On (date of waiver request was filed with the Commission), (cable operator's name) filed with the Federal\n Communications Commission a request for waiver of the rule prohibiting scrambling of channels on the\n basic tier of service. 47 CFR 76.630(a). The request for waiver states (a brief summary of the waiver\n request). A copy of the request for waiver shall be available for public inspection at www.fcc.gov.\n\n Individuals who wish to comment on this request for waiver should mail comments to the Federal\n Communications Commission by no later than 30 days from (the date the notification was mailed to\n subscribers). Those comments should be addressed to the: Federal Communications Commission, Media\n Bureau, Washington, DC 20554, and should include the name of the cable operator to whom the\n comments are applicable. Individuals should also send a copy of their comments to (the cable operator at\n its local place of business).\n\n Cable operators may file comments in reply no later than 7 days from the date subscriber comments must\n be filed.\n\n (b) Cable system operators that provide their subscribers with cable system terminal devices and other\n customer premises equipment that incorporates remote control capability shall permit the remote\n operation of such devices with commercially available remote control units or otherwise take no action\n that would prevent the devices from being operated by a commercially available remote control unit.\n Cable system operators are advised that this requirement obliges them to actively enable the remote\n control functions of customer premises equipment where those functions do not operate without a\n special activation procedure. Cable system operators may, however, disable the remote control functions\n of a subscriber's customer premises equipment where requested by the subscriber.\n\n\n\n47 CFR 76.630(b) (enhanced display) page 128 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.640\nMultichannel Video and Cable Television Service\n\n\n[59 FR 25342, May 16, 1994, as amended at 61 FR 18510, Apr. 26, 1996; 65 FR 53616, Sept. 5, 2000; 67 FR 1650, Jan. 14, 2002; 67\nFR 13235, Mar. 21, 2002; 77 FR 67301, Dec. 10, 2012; 81 FR 10125, Feb. 29, 2016; 83 FR 66157, Dec. 26, 2018]\n\n\n§ 76.640 Support for unidirectional digital cable products on digital cable systems.\n (a) The requirements of this section shall apply to digital cable systems. For purposes of this section, digital\n cable systems shall be defined as a cable system with one or more channels utilizing QAM modulation for\n transporting programs and services from its headend to receiving devices. Cable systems that only pass\n through 8 VSB broadcast signals shall not be considered digital cable systems.\n\n (b) No later than July 1, 2004, cable operators shall support unidirectional digital cable products, as defined in\n § 15.123 of this chapter, through the provisioning of Point of Deployment modules (PODs) and services,\n as follows:\n\n (1) Digital cable systems with an activated channel capacity of 750 MHz or greater shall comply with the\n following technical standards and requirements:\n\n (i) ANSI/SCTE 40 2016 (incorporated by reference, see § 76.602), provided however that the\n “transit delay for most distant customer” requirement in Table 4.3 is not mandatory.\n\n (ii) ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital\n Cable Television” (incorporated by reference, see § 76.602), provided however that the\n referenced Source Name Subtable shall be provided for Profiles 1, 2, and 3.\n\n (iii) ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and Transport System\n Standard for Cable Television” (incorporated by reference, see § 76.602).\n\n (iv) For each digital transport stream that includes one or more services carried in-the-clear, such\n transport stream shall include virtual channel data in-band in the form of ATSC A/65B: “ATSC\n Standard: Program and System Information Protocol for Terrestrial Broadcast and Cable\n (Revision B)” (incorporated by reference, see § 76.602), when available from the content\n provider. With respect to in-band transport:\n\n (A) The data shall, at minimum, describe services carried within the transport stream carrying\n the PSIP data itself;\n\n (B) PSIP data describing a twelve-hour time period shall be carried for each service in the\n transport stream. This twelve-hour period corresponds to delivery of the following event\n information tables: EIT–0, –1, –2 and –3;\n\n (C) The format of event information data format shall conform to ATSC A/65B: “ATSC\n Standard: Program and System Information Protocol for Terrestrial Broadcast and Cable\n (Revision B)” (incorporated by reference, see § 76.602);\n\n (D) Each channel shall be identified by a one- or two-part channel number and a textual\n channel name; and\n\n (E) The total bandwidth for PSIP data may be limited by the cable system to 80 kbps for a 27\n Mbits multiplex and 115 kbps for a 38.8 Mbits multiplex.\n\n (v) When service information tables are transmitted out-of-band for scrambled services:\n\n (A) The data shall, at minimum, describe services carried within the transport stream carrying\n the PSIP data itself;\n\n47 CFR 76.640(b)(1)(v)(A) (enhanced display) page 129 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.640(b)(1)(v)(B)\nMultichannel Video and Cable Television Service\n\n\n (B) A virtual channel table shall be provided via the extended channel interface from the POD\n module. Tables to be included shall conform to ANSI/SCTE 65 2002 (formerly DVS 234):\n “Service Information Delivered Out-of-Band for Digital Cable Television” (incorporated by\n reference, see § 76.602).\n\n (C) Event information data when present shall conform to ANSI/SCTE 65 2002 (formerly DVS\n 234): “Service Information Delivered Out-of-Band for Digital Cable Television”\n (incorporated by reference, see § 76.602) (profiles 4 or higher).\n\n (D) Each channel shall be identified by a one-or two-part channel number and a textual\n channel name; and\n\n (E) The channel number identified with out-of-band signaling information data should match\n the channel identified with in-band PSIP data for all unscrambled in-the-clear services.\n\n (2) All digital cable systems shall comply with:\n\n (i) SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard” (incorporated by reference,\n see § 76.602).\n\n (ii) SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System” (incorporated by reference,\n see § 76.602).\n\n (3) Cable operators shall ensure, as to all digital cable systems, an adequate supply of PODs that comply\n with the standards specified in paragraph (b)(2) of this section to ensure convenient access to such\n PODS by customers. Without limiting the foregoing, cable operators may provide more advanced\n PODs (i.e., PODs that are based on successor standards to those specified in paragraph (b)(2) of this\n section) to customers whose unidirectional digital cable products are compatible with the more\n advanced PODs.\n\n (4) Cable operators shall:\n\n (i) Effective April 1, 2004, upon request of a customer, replace any leased high definition set-top\n box, which does not include a functional IEEE 1394 interface, with one that includes a\n functional IEEE 1394 interface or upgrade the customer's set-top box by download or other\n means to ensure that the IEEE 1394 interface is functional.\n\n (ii) Effective July 1, 2011, include both:\n\n (A) A DVI or HDMI interface and\n\n (B) A connection capable of delivering recordable high definition video and closed captioning\n data in an industry standard format on all high definition set-top boxes, except\n unidirectional set-top boxes without recording functionality, acquired by a cable operator\n for distribution to customers.\n\n (iii) Effective December 1, 2012, ensure that the cable-operator-provided high definition set-top\n boxes, except unidirectional set-top boxes without recording functionality, shall comply with an\n open industry standard that provides for audiovisual communications including service\n discovery, video transport, and remote control command pass-through standards for home\n networking.\n\n[68 FR 66734, Nov. 28, 2003, as amended at 76 FR 40279, July 8, 2011; 83 FR 7630, Feb. 22, 2018]\n\n\n47 CFR 76.640(b)(4)(iii) (enhanced display) page 130 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.701\nMultichannel Video and Cable Television Service\n\n\nSubpart L—Cable Television Access\n§ 76.701 Leased access channels.\n (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as amended, section 612), a cable\n operator, in accordance with 47 U.S.C. 532(h) (Cable Consumer Protection and Competition Act of 1992,\n section 10(a)), may adopt and enforce prospectively a written and published policy of prohibiting\n programming which, it reasonably believes, describes or depicts sexual or excretory activities or organs in\n a patently offensive manner as measured by contemporary community standards.\n\n (b) A cable operator may refuse to transmit any leased access program or portion of a leased access\n program that the operator reasonably believes contains obscenity, indecency or nudity.\n\n\n Note to paragraph (b): “Nudity” in paragraph (b) is interpreted to mean nudity that is obscene or\n indecent.\n\n\n[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]\n\n\n§ 76.702 Public access.\nA cable operator may refuse to transmit any public access program or portion of a public access program that the\noperator reasonably believes contains obscenity.\n\n[62 FR 28373, May 23, 1997]\n\n\nSubpart M—Cable Inside Wiring\n§ 76.800 Definitions.\n (a) MDU. A multiple dwelling unit building (e.g., an apartment building, condominium building or cooperative).\n\n (b) MDU owner. The entity that owns or controls the common areas of a multiple dwelling unit building.\n\n (c) MVPD. A multichannel video programming distributor, as that term is defined in Section 602(13) of the\n Communications Act, 47 U.S.C. 522(13).\n\n (d) Home run wiring. The wiring from the demarcation point to the point at which the MVPD's wiring becomes\n devoted to an individual subscriber or individual loop.\n\n[62 FR 61031, Nov. 14, 1997]\n\n\n§ 76.801 Scope.\nThe provisions of this subpart set forth rules and regulations for the disposition, after a subscriber voluntarily\nterminates cable service, of that cable home wiring installed by the cable system operator or its contractor within\nthe premises of the subscriber. The provisions do not apply where the cable home wiring belongs to the subscriber,\nsuch as where the operator has transferred ownership to the subscriber, the operator has been treating the wiring as\nbelonging to the subscriber for tax purposes, or the wiring is considered to be a fixture by state or local law in the\n\n\n\n\n47 CFR 76.801 (enhanced display) page 131 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.802\nMultichannel Video and Cable Television Service\n\n\nsubscriber's jurisdiction. Nothing in this subpart shall affect the cable system operator's rights and responsibilities\nunder § 76.617 to prevent excessive signal leakage while providing cable service, or the cable operator's right to\naccess the subscriber's property or premises.\n\n[58 FR 11971, Mar. 2, 1993]\n\n\n§ 76.802 Disposition of cable home wiring.\n (a)\n\n (1) Upon voluntary termination of cable service by a subscriber in a single unit installation, a cable\n operator shall not remove the cable home wiring unless it gives the subscriber the opportunity to\n purchase the wiring at the replacement cost, and the subscriber declines. If the subscriber declines\n to purchase the cable home wiring, the cable system operator must then remove the cable home\n wiring within seven days of the subscriber's decision, under normal operating conditions, or make no\n subsequent attempt to remove it or to restrict its use.\n\n (2) Upon voluntary termination of cable service by an individual subscriber in a multiple-unit installation,\n a cable operator shall not be entitled to remove the cable home wiring unless: it gives the subscriber\n the opportunity to purchase the wiring at the replacement cost; the subscriber declines, and neither\n the MDU owner nor an alternative MVPD, where permitted by the MDU owner, has provided\n reasonable advance notice to the incumbent provider that it would purchase the cable home wiring\n pursuant to this section if and when a subscriber declines. If the cable system operator is entitled to\n remove the cable home wiring, it must then remove the wiring within seven days of the subscriber's\n decision, under normal operating conditions, or make no subsequent attempt to remove it or to\n restrict its use.\n\n (3) The cost of the cable home wiring is to be based on the replacement cost per foot of the wiring on\n the subscriber's side of the demarcation point multiplied by the length in feet of such wiring, and the\n replacement cost of any passive splitters located on the subscriber's side of the demarcation point.\n\n (b) During the initial telephone call in which a subscriber contacts a cable operator to voluntarily terminate\n cable service, the cable operator—if it owns and intends to remove the home wiring—must inform the\n subscriber:\n\n (1) That the cable operator owns the home wiring;\n\n (2) That the cable operator intends to remove the home wiring;\n\n (3) That the subscriber has the right to purchase the home wiring; and\n\n (4) What the per-foot replacement cost and total charge for the wiring would be (the total charge may be\n based on either the actual length of cable wiring and the actual number of passive splitters on the\n customer's side of the demarcation point, or a reasonable approximation thereof; in either event, the\n information necessary for calculating the total charge must be available for use during the initial\n phone call).\n\n (c) If the subscriber voluntarily terminates cable service in person, the procedures set forth in paragraph (b)\n of this section apply.\n\n (d) If the subscriber requests termination of cable service in writing, it is the operator's responsibility—if it\n wishes to remove the wiring—to make reasonable efforts to contact the subscriber prior to the date of\n service termination and follow the procedures set forth in paragraph (b) of this section.\n\n47 CFR 76.802(d) (enhanced display) page 132 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.802(e)\nMultichannel Video and Cable Television Service\n\n\n (e) If the cable operator fails to adhere to the procedures described in paragraph (b) of this section, it will be\n deemed to have relinquished immediately any and all ownership interests in the home wiring; thus, the\n operator will not be entitled to compensation for the wiring and shall make no subsequent attempt to\n remove it or restrict its use.\n\n (f) If the cable operator adheres to the procedures described in paragraph (b) of this section, and, at that\n point, the subscriber agrees to purchase the wiring, constructive ownership over the home wiring will\n transfer to the subscriber immediately, and the subscriber will be permitted to authorize a competing\n service provider to connect with and use the home wiring.\n\n (g) If the cable operator adheres to the procedures described in paragraph (b) of this section, and the\n subscriber asks for more time to make a decision regarding whether to purchase the home wiring, the\n seven (7) day period described in paragraph (b) of this section will not begin running until the subscriber\n declines to purchase the wiring; in addition, the subscriber may not use the wiring to connect to an\n alternative service provider until the subscriber notifies the operator whether or not the subscriber wishes\n to purchase the wiring.\n\n (h) If an alternative video programming service provider connects its wiring to the home wiring before the\n incumbent cable operator has terminated service and has capped off its line to prevent signal leakage, the\n alternative video programming service provider shall be responsible for ensuring that the incumbent's\n wiring is properly capped off in accordance with the Commission's signal leakage requirements. See\n Subpart K (technical standards) of the Commission's Cable Television Service rules (47 CFR\n 76.605(a)(13) and 76.610 through 76.617).\n\n (i) Where the subscriber terminates cable service but will not be using the home wiring to receive another\n alternative video programming service, the cable operator shall properly cap off its own line in accordance\n with the Commission's signal leakage requirements. See subpart K (technical standards) of the\n Commission's Cable Television Service rules (47 CFR 76.605(a)(13) and 76.610 through 76.617).\n\n (j) Cable operators are prohibited from using any ownership interests they may have in property located on\n the subscriber's side of the demarcation point, such as molding or conduit, to prevent, impede, or in any\n way interfere with, a subscriber's right to use his or her home wiring to receive an alternative service. In\n addition, incumbent cable operators must take reasonable steps within their control to ensure that an\n alternative service provider has access to the home wiring at the demarcation point. Cable operators and\n alternative multichannel video programming delivery service providers are required to minimize the\n potential for signal leakage in accordance with the guidelines set forth in 47 CFR 76.605(a)(13) and\n 76.610 through 76.617, theft of service and unnecessary disruption of the consumer's premises.\n\n (k) Definitions—Normal operating conditions—The term “normal operating conditions” shall have the same\n meaning as at 47 CFR 76.309(c)(4)(ii).\n\n (l) The provisions of § 76.802 shall apply to all MVPDs in the same manner that they apply to cable\n operators.\n\n[61 FR 6137, Feb. 16, 1996, as amended at 62 FR 61031, Nov. 14, 1997; 68 FR 13855, Mar. 21, 2003]\n\n\n§ 76.804 Disposition of home run wiring.\n (a) Building-by-building disposition of home run wiring.\n\n\n\n\n47 CFR 76.804(a) (enhanced display) page 133 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.804(a)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Where an MVPD owns the home run wiring in an MDU and does not (or will not at the conclusion of\n the notice period) have a legally enforceable right to remain on the premises against the wishes of\n the MDU owner, the MDU owner may give the MVPD a minimum of 90 days' written notice that its\n access to the entire building will be terminated to invoke the procedures in this section. The MVPD\n will then have 30 days to notify the MDU owner in writing of its election for all the home run wiring\n inside the MDU building: to remove the wiring and restore the MDU building consistent with state law\n within 30 days of the end of the 90-day notice period or within 30 days of actual service termination,\n whichever occurs first; to abandon and not disable the wiring at the end of the 90-day notice period;\n or to sell the wiring to the MDU building owner. If the incumbent provider elects to remove or\n abandon the wiring, and it intends to terminate service before the end of the 90-day notice period,\n the incumbent provider shall notify the MDU owner at the time of this election of the date on which it\n intends to terminate service. If the incumbent provider elects to remove its wiring and restore the\n building consistent with state law, it must do so within 30 days of the end of the 90-day notice period\n or within 30 days of actual service termination, which ever occurs first. For purposes of\n abandonment, passive devices, including splitters, shall be considered part of the home run wiring.\n The incumbent provider that has elected to abandon its home run wiring may remove its amplifiers\n or other active devices used in the wiring if an equivalent replacement can easily be reattached. In\n addition, an incumbent provider removing any active elements shall comply with the notice\n requirements and other rules regarding the removal of home run wiring. If the MDU owner declines to\n purchase the home run wiring, the MDU owner may permit an alternative provider that has been\n authorized to provide service to the MDU to negotiate to purchase the wiring.\n\n (2) If the incumbent provider elects to sell the home run wiring under paragraph (a)(1) of this section, the\n incumbent and the MDU owner or alternative provider shall have 30 days from the date of election to\n negotiate a price. If the parties are unable to agree on a price within that 30-day time period, the\n incumbent must elect: to abandon without disabling the wiring; to remove the wiring and restore the\n MDU consistent with state law; or to submit the price determination to binding arbitration by an\n independent expert. If the incumbent provider chooses to abandon or remove its wiring, it must\n notify the MDU owner at the time of this election if and when it intends to terminate service before\n the end of the 90-day notice period. If the incumbent service provider elects to abandon its wiring at\n this point, the abandonment shall become effective at the end of the 90-day notice period or upon\n service termination, whichever occurs first. If the incumbent elects at this point to remove its wiring\n and restore the building consistent with state law, it must do so within 30 days of the end of the\n 90-day notice period or within 30 days of actual service termination, which ever occurs first.\n\n (3) If the incumbent elects to submit to binding arbitration, the parties shall have seven days to agree on\n an independent expert or to each designate an expert who will pick a third expert within an additional\n seven days. The independent expert chosen will be required to assess a reasonable price for the\n home run wiring by the end of the 90-day notice period. If the incumbent elects to submit the matter\n to binding arbitration and the MDU owner (or the alternative provider) refuses to participate, the\n incumbent shall have no further obligations under the Commission's home run wiring disposition\n procedures. If the incumbent fails to comply with any of the deadlines established herein, it shall be\n deemed to have elected to abandon its home run wiring at the end of the 90-day notice period.\n\n (4) The MDU owner shall be permitted to exercise the rights of individual subscribers under this\n subsection for purposes of the disposition of the cable home wiring under § 76.802. When an MDU\n owner notifies an incumbent provider under this section that the incumbent provider's access to the\n entire building will be terminated and that the MDU owner seeks to use the home run wiring for\n another service, the incumbent provider shall, in accordance with our current home wiring rules: offer\n\n47 CFR 76.804(a)(4) (enhanced display) page 134 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.804(a)(5)\nMultichannel Video and Cable Television Service\n\n\n to sell to the MDU owner any home wiring within the individual dwelling units that the incumbent\n provider owns and intends to remove; and provide the MDU owner with the total per-foot\n replacement cost of such home wiring. This information must be provided to the MDU owner within\n 30 days of the initial notice that the incumbent's access to the building will be terminated. If the MDU\n owner declines to purchase the cable home wiring, the MDU owner may allow the alternative\n provider to purchase the home wiring upon service termination under the terms and conditions of §\n 76.802. If the MDU owner or the alternative provider elects to purchase the home wiring under these\n rules, it must so notify the incumbent MVPD provider not later than 30 days before the incumbent's\n termination of access to the building will become effective. If the MDU owner and the alternative\n provider fail to elect to purchase the home wiring, the incumbent provider must then remove the\n cable home wiring, under normal operating conditions, within 30 days of actual service termination,\n or make no subsequent attempt to remove it or to restrict its use.\n\n (5) The parties shall cooperate to avoid disruption in service to subscribers to the extent possible.\n\n (b) Unit-by-unit disposition of home run wiring:\n\n (1) Where an MVPD owns the home run wiring in an MDU and does not (or will not at the conclusion of\n the notice period) have a legally enforceable right to maintain any particular home run wire dedicated\n to a particular unit on the premises against the MDU owner's wishes, the MDU owner may permit\n multiple MVPDs to compete for the right to use the individual home run wires dedicated to each unit\n in the MDU. The MDU owner must provide at least 60 days' written notice to the incumbent MVPD of\n the MDU owner's intention to invoke this procedure. The incumbent MVPD will then have 30 days to\n provide a single written election to the MDU owner as to whether, for each and every one of its home\n run wires dedicated to a subscriber who chooses an alternative provider's service, the incumbent\n MVPD will: remove the wiring and restore the MDU building consistent with state law; abandon the\n wiring without disabling it; or sell the wiring to the MDU owner. If the MDU owner refuses to purchase\n the home run wiring, the MDU owner may permit the alternative provider to purchase it. If the\n alternative provider is permitted to purchase the wiring, it will be required to make a similar election\n within this 30-day period for each home run wire solely dedicated to a subscriber who switches back\n from the alternative provider to the incumbent MVPD.\n\n (2) If the incumbent provider elects to sell the home run wiring under paragraph (b)(1), the incumbent\n and the MDU owner or alternative provider shall have 30 days from the date of election to negotiate a\n price. During this 30-day negotiation period, the parties may arrange for an up-front lump sum\n payment in lieu of a unit-by-unit payment. If the parties are unable to agree on a price during this\n 30-day time period, the incumbent must elect: to abandon without disabling the wiring; to remove the\n wiring and restore the MDU consistent with state law; or to submit the price determination to binding\n arbitration by an independent expert. If the incumbent elects to submit to binding arbitration, the\n parties shall have seven days to agree on an independent expert or to each designate an expert who\n will pick a third expert within an additional seven days. The independent expert chosen will be\n required to assess a reasonable price for the home run wiring within 14 days. If subscribers wish to\n switch service providers after the expiration of the 60-day notice period but before the expert issues\n its price determination, the procedures set forth in paragraph (b)(3) of this section shall be followed,\n subject to the price established by the arbitrator. If the incumbent elects to submit the matter to\n binding arbitration and the MDU owner (or the alternative provider) refuses to participate, the\n incumbent shall have no further obligations under the Commission's home run wiring disposition\n procedures.\n\n\n\n47 CFR 76.804(b)(2) (enhanced display) page 135 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.804(b)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) When an MVPD that is currently providing service to a subscriber is notified either orally or in writing\n that that subscriber wishes to terminate service and that another service provider intends to use the\n existing home run wire to provide service to that particular subscriber, a provider that has elected to\n remove its home run wiring pursuant to paragraph (b)(1) or (b)(2) of this section will have seven\n days to remove its home run wiring and restore the building consistent with state law. If the\n subscriber has requested service termination more than seven days in the future, the seven-day\n removal period shall begin on the date of actual service termination (and, in any event, shall end no\n later than seven days after the requested date of termination). If the provider has elected to abandon\n or sell the wiring pursuant to paragraph (b)(1) or (b)(2) of this section, the abandonment or sale will\n become effective upon actual service termination or upon the requested date of termination,\n whichever occurs first. For purposes of abandonment, passive devices, including splitters, shall be\n considered part of the home run wiring. The incumbent provider may remove its amplifiers or other\n active devices used in the wiring if an equivalent replacement can easily be reattached. In addition,\n an incumbent provider removing any active elements shall comply with the notice requirements and\n other rules regarding the removal of home run wiring. If the incumbent provider intends to terminate\n service prior to the end of the seven-day period, the incumbent shall inform the party requesting\n service termination, at the time of such request, of the date on which service will be terminated. The\n incumbent provider shall make the home run wiring accessible to the alternative provider within the\n 24-hour period prior to actual service termination.\n\n (4) If the incumbent provider fails to comply with any of the deadlines established herein, the home run\n wiring shall be considered abandoned, and the incumbent may not prevent the alternative provider\n from using the home run wiring immediately to provide service. The alternative provider or the MDU\n owner may act as the subscriber's agent in providing notice of a subscriber's desire to change\n services, consistent with state law. If a subscriber's service is terminated without notification that\n another service provider intends to use the existing home run wiring to provide service to that\n particular subscriber, the incumbent provider will not be required to carry out its election to sell,\n remove or abandon the home run wiring; the incumbent provider will be required to carry out its\n election, however, if and when it receives notice that a subscriber wishes to use the home run wiring\n to receive an alternative service. Section 76.802 of the Commission's rules regarding the disposition\n of cable home wiring will apply where a subscriber's service is terminated without notifying the\n incumbent provider that the subscriber wishes to use the home run wiring to receive an alternative\n service.\n\n (5) The parties shall cooperate to avoid disruption in service to subscribers to the extent possible.\n\n (6) Section 76.802 of the Commission's rules regarding the disposition of cable home wiring will\n continue to apply to the wiring on the subscriber's side of the cable demarcation point.\n\n (c) The procedures set forth in paragraphs (a) and (b) of this section shall apply unless and until the\n incumbent provider obtains a court ruling or an injunction within forty-five (45) days following the initial\n notice enjoining its displacement.\n\n (d) After the effective date of this rule, MVPDs shall include a provision in all service contracts entered into\n with MDU owners setting forth the disposition of any home run wiring in the MDU upon the termination of\n the contract.\n\n (e) Incumbents are prohibited from using any ownership interest they may have in property located on or near\n the home run wiring, such as molding or conduit, to prevent, impede, or in any way interfere with, the\n ability of an alternative MVPD to use the home run wiring pursuant to this section.\n\n\n47 CFR 76.804(e) (enhanced display) page 136 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.804(f)\nMultichannel Video and Cable Television Service\n\n\n (f) Section 76.804 shall apply to all MVPDs.\n\n[62 FR 61032, Nov. 14, 1997, as amended at 68 FR 13855, Mar. 21, 2003]\n\n\n§ 76.805 Access to molding.\n (a) An MVPD shall be permitted to install one or more home run wires within the existing molding of an MDU\n where the MDU owner finds that there is sufficient space to permit the installation of the additional wiring\n without interfering with the ability of an existing MVPD to provide service, and gives its affirmative\n consent to such installation. This paragraph shall not apply where the incumbent provider has an\n exclusive contractual right to occupy the molding.\n\n (b) If an MDU owner finds that there is insufficient space in existing molding to permit the installation of the\n new wiring without interfering with the ability of an existing MVPD to provide service, but gives its\n affirmative consent to the installation of larger molding and additional wiring, the MDU owner (with or\n without the assistance of the incumbent and/or the alternative provider) shall be permitted to remove the\n existing molding, return such molding to the incumbent, if appropriate, and install additional wiring and\n larger molding in order to contain the additional wiring. This paragraph shall not apply where the\n incumbent provider possesses a contractual right to maintain its molding on the premises without\n alteration by the MDU owner.\n\n (c) The alternative provider shall be required to pay any and all installation costs associated with the\n implementation of paragraphs (a) or (b) of this section, including the costs of restoring the MDU owner's\n property to its original condition, and the costs of repairing any damage to the incumbent provider's wiring\n or other property.\n\n[62 FR 61033, Nov. 14, 1997]\n\n\n§ 76.806 Pre-termination access to cable home wiring.\n (a) Prior to termination of service, a customer may: install or provide for the installation of their own cable\n home wiring; or connect additional home wiring, splitters or other equipment within their premises to the\n wiring owned by the cable operator, so long as no electronic or physical harm is caused to the cable\n system and the physical integrity of the cable operator's wiring remains intact.\n\n (b) Cable operators may require that home wiring (including passive splitters, connectors and other\n equipment used in the installation of home wiring) meets reasonable technical specifications, not to\n exceed the technical specifications of such equipment installed by the cable operator; provided however,\n that if electronic or physical harm is caused to the cable system, the cable operator may impose\n additional technical specifications to eliminate such harm. To the extent a customer's installations or\n rearrangements of wiring degrade the signal quality of or interfere with other customers' signals, or cause\n electronic or physical harm to the cable system, the cable operator may discontinue service to that\n subscriber until the degradation or interference is resolved.\n\n (c) Customers shall not physically cut, substantially alter, improperly terminate or otherwise destroy cable\n operator-owned home wiring.\n\n (d) Section 76.806 shall apply to all MVPDs.\n\n[62 FR 61034, Nov. 14, 1997, as amended at 68 FR 13855, Mar. 21, 2003]\n\n\n47 CFR 76.806(d) (enhanced display) page 137 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.901\nMultichannel Video and Cable Television Service\n\n\nSubpart N—Cable Rate Regulation\n\nSource: 58 FR 29753, May 21, 1993, unless otherwise noted.\n\nEffective Date Note: The effective date of the amendments to part 76, published at 58 FR 29737 (May 21,\n1993), extended to October 1, 1993, by an order published at 58 FR 33560 (June 18, 1993), and moved to September\n1, 1993, by an order published at 58 FR 41042 (August 2, 1993), is temporarily stayed for those cable systems that\nhave 1,000 or fewer subscribers. This limited, temporary stay is effective September 1, 1993, and will remain in\neffect until the Commission terminates the stay and establishes a new effective date in an order on reconsideration\naddressing the administrative burdens and costs of compliance for small cable systems. The Commission will\npublish in the FEDERAL REGISTER the new effective date of the rules with respect to small cable systems at that time.\n\n\n§ 76.901 Definitions.\n (a) Basic service. The basic service tier shall, at a minimum, include all signals of domestic television\n broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier\n beyond the local service area of such station, regardless of how such signal is ultimately received by the\n cable system) any public, educational, and governmental programming required by the franchise to be\n carried on the basic tier, and any additional video programming signals a service added to the basic tier by\n the cable operator.\n\n (b) Cable programming service. Cable programming service includes any video programming provided over a\n cable system, regardless of service tier, including installation or rental of equipment used for the receipt\n of such video programming, other than:\n\n (1) Video programming carried on the basic service tier as defined in this section;\n\n (2) Video programming offered on a pay-per-channel or pay-per-program basis; or\n\n (3) A combination of multiple channels of pay-per-channel or pay-per-program video programming\n offered on a multiplexed or time-shifted basis so long as the combined service:\n\n (i) Consists of commonly-identified video programming; and\n\n (ii) Is not bundled with any regulated tier of service.\n\n (c) Small system. A small system is a cable television system that serves 15,000 or fewer subscribers. The\n service area of a small system shall be determined by the number of subscribers that are served by the\n system's principal headend, including any other headends or microwave receive sites that are technically\n integrated to the principal headend.\n\n (d) Small cable company. A small cable company is a cable television operator that serves a total of 400,000\n or fewer subscribers over one or more cable systems.\n\n (e) Small cable operator. A small cable operator is an operator that, directly or through an affiliate, serves in\n the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any\n entity or entities whose gross annual revenues in the aggregate exceed $250,000,000. For purposes of\n this definition, an operator shall be deemed affiliated with another entity if that entity holds a 20 percent or\n greater equity interest (not including truly passive investment) in the operator or exercises de jure or de\n facto control over the operator.\n\n\n47 CFR 76.901(e) (enhanced display) page 138 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.901(e)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Using the most reliable sources publicly available, the Commission periodically will determine and\n give public notice of the subscriber count that will serve as the 1 percent threshold until a new\n number is calculated.\n\n (2) For a discussion of passive interests with respect to small cable operators, see Implementation of\n Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket\n No. 96–85, FCC 99–57 (released March 29, 1999).\n\n (3) If two or more entities unaffiliated with each other each hold an equity interest in the small cable\n operator, the equity interests of the unaffiliated entities will not be aggregated with each other for the\n purpose of determining whether an entity meets or passes the 20 percent affiliation threshold.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 62623, Dec. 6, 1994; 60 FR 35864, July 12, 1995; 64 FR 35950, July 2, 1999; 83\nFR 60775, Nov. 27, 2018]\n\n\n§ 76.905 Standards for identification of cable systems subject to effective competition.\n (a) Only the rates of cable systems that are not subject to effective competition may be regulated.\n\n (b) A cable system is subject to effective competition when any one of the following conditions is met:\n\n (1) Fewer than 30 percent of the households in its franchise area subscribe to the cable service of a\n cable system.\n\n (2) The franchise area is:\n\n (i) Served by at least two unaffiliated multichannel video programming distributors each of which\n offers comparable programming to at least 50 percent of the households in the franchise area;\n and\n\n (ii) the number of households subscribing to multichannel video programming other than the\n largest multichannel video programming distributor exceeds 15 percent of the households in\n the franchise area.\n\n (3) A multichannel video programming distributor, operated by the franchising authority for that\n franchise area, offers video programming to at least 50 percent of the households in the franchise\n area.\n\n (4) A local exchange carrier or its affiliate (or any multichannel video programming distributor using the\n facilities of such carrier or its affiliate) offers video programming services directly to subscribers by\n any means (other than direct-to-home satellite services) in the franchise area of an unaffiliated cable\n operator which is providing cable service in that franchise area, but only if the video programming\n services so offered in that area are comparable to the video programming services provided by the\n unaffiliated cable operator in that area.\n\n (c) For purposes of paragraphs (b)(1) through (b)(3) of this section, each separately billed or billable\n customer will count as a household subscribing to or being offered video programming services, with the\n exception of multiple dwelling buildings billed as a single customer. Individual units of multiple dwelling\n buildings will count as separate households. The term “households” shall not include those dwellings that\n are used solely for seasonal, occasional, or recreational use.\n\n\n\n\n47 CFR 76.905(c) (enhanced display) page 139 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.905(d)\nMultichannel Video and Cable Television Service\n\n\n (d) A multichannel video program distributor, for purposes of this section, is an entity such as, but not limited\n to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only\n satellite program distributor, a video dialtone service provider, or a satellite master antenna television\n service provider that makes available for purchase, by subscribers or customers, multiple channels of\n video programming.\n\n (e) Service of a multichannel video programming distributor will be deemed offered:\n\n (1) When the multichannel video programming distributor is physically able to deliver service to potential\n subscribers, with the addition of no or only minimal additional investment by the distributor, in order\n for an individual subscriber to receive service; and\n\n (2) When no regulatory, technical or other impediments to households taking service exist, and potential\n subscribers in the franchise area are reasonably aware that they may purchase the services of the\n multichannel video programming distributor.\n\n (f) For purposes of determining the number of households subscribing to the services of a multichannel\n video programming distributor other than the largest multichannel video programming distributor, under\n paragraph (b)(2)(ii) of this section, the number of subscribers of all multichannel video programming\n distributors that offer service in the franchise area will be aggregated.\n\n (g) In order to offer comparable programming as that term is used in this section, a competing multichannel\n video programming distributor must offer at least 12 channels of video programming, including at least\n one channel of nonbroadcast service programming.\n\n (h) For purposes of paragraph (b)(2) of this section, entities are affiliated if either entity has an attributable\n interest in the other or if a third party has an attributable interest in both entities. Attributable interest shall\n be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501.\n\n (i) For purposes of paragraph (b)(4) of this section, entities are affiliated if either entity has an attributable\n interest in the other or if a third party has an attributable interest in both entities. Attributable interest shall\n be defined as follows:\n\n (1) A 10% partnership or voting equity interest in a corporation will be cognizable.\n\n (2) Subject to paragraph (i)(3), a limited partnership interest of 10% or more shall be attributed to a\n limited partner unless that partner is not materially involved, directly or indirectly, in the management\n or operation of the media-related activities of the partnership and the relevant entity so certifies. An\n interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”)\n shall be attributed to the interest holder unless that interest holder is not materially involved, directly\n or indirectly, in the management or operation of the media-related activities of the partnership and\n the relevant entity so certifies. Certifications must be made pursuant to the guidelines set forth in\n Note 2(f) to § 76.501.\n\n (3) Notwithstanding paragraph (i)(2), the holder of an equity or debt interest or interests in an entity\n covered by this rule shall have that interest attributed if the equity (including all stockholdings,\n whether voting or nonvoting, common or preferred, and partnership interests) and debt interest or\n interests, in the aggregate, exceed 33 percent of the total asset value (all equity plus all debt) of that\n entity.\n\n\n\n\n47 CFR 76.905(i)(3) (enhanced display) page 140 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.905(i)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) Discrete ownership interests held by the same individual or entity will be aggregated in determining\n whether or not an interest is cognizable under this section. An individual or entity will be deemed to\n have a cognizable investment if the sum of the interests other than those held by or through “passive\n investors” is equal to or exceeds 10%.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17972, Apr. 15, 1994; 61 FR 18978, Apr. 30, 1996; 62 FR 6495, Feb. 12, 1997; 64\nFR 35950, July 2, 1999; 64 FR 67196, Dec. 1, 1999; 69 FR 72046, Dec. 10, 2004]\n\n\n§ 76.906 Presumption of effective competition.\nIn the absence of a demonstration to the contrary cable systems are presumed: (a) To be subject to effective\ncompetition pursuant to section 76.905(b)(2); and (b) Not to be subject to effective competition pursuant to section\n76.905(b)(1), (3) or (4).\n\n[80 FR 38012, July 2, 2015]\n\n\n§ 76.907 Petition for a determination of effective competition.\n (a) A cable operator (or other interested party) may file a petition for a determination of effective competition\n with the Commission pursuant to the Commission's procedural rules in § 76.7.\n\n (b) If the cable operator seeks to demonstrate that effective competition as defined in § 76.905(b)(1), (3), or\n (4) exists in the franchise area, it bears the burden of demonstrating the presence of such effective\n competition. Effective competition as defined in § 76.905(b)(2) is governed by the presumption in §\n 76.906, except that where a franchising authority has rebutted the presumption of competing provider\n effective competition as defined in § 76.905(b)(2) and is certified, the cable operator must demonstrate\n that circumstances have changed and effective competition is present in the franchise area.\n\n\n Note to paragraph (b): The criteria for determining effective competition pursuant to §\n 76.905(b)(4) are described in Implementation of Cable Act Reform Provisions of the\n Telecommunications Act of 1996, Report and Order in CS Docket No. 96–85, FCC 99–57 (released\n March 29, 1999).\n\n (c) If the evidence establishing effective competition is not otherwise available, cable operators may request\n from a competitor information regarding the competitor's reach and number of subscribers. A competitor\n must respond to such request within 15 days. Such responses may be limited to numerical totals. In\n addition, with respect to petitions filed seeking to demonstrate the presence of effective competition\n pursuant to § 76.905(b)(4), the Commission may issue an order directing one or more persons to produce\n information relevant to the petition's disposition.\n\n[64 FR 35950, July 2, 1999, as amended at 80 FR 38013, July 2, 2015]\n\n\n§ 76.910 Franchising authority certification.\n (a) A franchising authority must be certified by the Commission in order to regulate the basic service tier and\n associated equipment of a cable system within its jurisdiction.\n\n (b) To be certified, the franchising authority must file with the Commission a written certification that:\n\n\n47 CFR 76.910(b) (enhanced display) page 141 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.910(b)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) The franchising authority will adopt and administer regulations with respect to the rates for the basic\n service tier that are consistent with the regulations prescribed by the Commission for regulation of\n the basic service tier;\n\n (2) The franchising authority has the legal authority to adopt, and the personnel to administer, such\n regulations;\n\n (3) Procedural laws and regulations applicable to rate regulation proceedings by such authority provide\n a reasonable opportunity for consideration of the views of interested parties; and\n\n (4) The cable system in question is not subject to effective competition. The franchising authority must\n submit specific evidence demonstrating its rebuttal of the presumption in § 76.906 that the cable\n operator is subject to effective competition pursuant to section 76.905(b)(2). Unless a franchising\n authority has actual knowledge to the contrary, the franchising authority may rely on the presumption\n in § 76.906 that the cable operator is not subject to effective competition pursuant to section\n 76.905(b)(1), (3), or (4). The franchising authority bears the burden of submitting evidence rebutting\n the presumption that competing provider effective competition, as defined in § 76.905(b)(2), exists\n in the franchise area. If the evidence establishing the lack of effective competition is not otherwise\n available, franchising authorities may request from a multichannel video programming distributor\n information regarding the multichannel video programming distributor's reach and number of\n subscribers. A multichannel video programming distributor must respond to such request within 15\n days. Such responses may be limited to numerical totals.\n\n (c) The written certification described in paragraph (b) of this section shall be made by completing and filing\n FCC Form 328. FCC Form 328 can be obtained from the internet at http://www.fcc.gov/Forms/Form328/\n 328.pdf or by calling the FCC Forms Distribution Center at 1–800–418–3676. The form must be filed by\n\n (1) Registered mail, return receipt requested, or\n\n (2) Hand-delivery to the Commission and a date-stamped copy obtained. The date on the return receipt\n or on the date-stamped copy is the date filed.\n\n (d) A copy of the certification form described in paragraph (c) of this section must be served on the cable\n operator before or on the same day it is filed with the Commission.\n\n (e) Unless the Commission notifies the franchising authority otherwise, the certification will become effective\n 30 days after the date filed, provided, however, That the franchising authority may not regulate the rates of\n a cable system unless it:\n\n (1) Adopts regulations:\n\n (i) Consistent with the Commission's regulations governing the basic tier; and\n\n (ii) Providing a reasonable opportunity for consideration of the views of interested parties, within\n 120 days of the effective date of certification; and\n\n (2) Notifies the cable operator that the authority has been certified and has adopted the regulations\n required by paragraph (e)(1) of this section.\n\n (f) If the Commission denies a franchising authority's certification, the Commission will notify the franchising\n authority of any revisions or modifications necessary to obtain approval.\n\n[58 FR 29753, May 21, 1993, as amended at 80 FR 38013, July 2, 2015; 83 FR 60776, Nov. 27, 2018]\n\n\n47 CFR 76.910(f) (enhanced display) page 142 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.911\nMultichannel Video and Cable Television Service\n\n\n§ 76.911 Petition for reconsideration of certification.\n (a) A cable operator (or other interested party) may challenge a franchising authority's certification by filing a\n petition for reconsideration pursuant to § 1.106. The petition may allege either of the following:\n\n (1) The cable operator is not subject to rate regulation because effective competition exists as defined\n in § 76.905. Sections 76.907(b) and (c) apply to petitions filed under this section.\n\n (2) The franchising authority does not meet the certification standards set forth in 47 U.S.C. 543(a)(3).\n\n (b) Stay of rate regulation.\n\n (1) The filing of a petition for reconsideration pursuant to paragraph (a)(1) of this section will\n automatically stay the imposition of rate regulation pending the outcome of the reconsideration\n proceeding.\n\n (2) A petitioner filing pursuant to paragraph (a)(2) of this section may request a stay of rate regulation.\n\n (3) In any case in which a stay of rate regulation has been granted, if the petition for reconsideration is\n denied, the cable operator may be required to refund any rates or portion of rates above the\n permitted tier charge or permitted equipment charge which were collected from the date the\n operator implements a prospective rate reduction back in time to September 1, 1993, or one year,\n whichever is shorter.\n\n (c) The filing of a petition for reconsideration alleging the presence of effective competition based on\n frivolous grounds is prohibited, and may be subject to forfeitures.\n\n (d) If the Commission upholds a challenge to a certification filed pursuant to paragraph (a)(2) of this section,\n the Commission will notify the franchising authority of the revisions necessary to secure approval and\n provide the authority an opportunity to amend its certification however necessary to secure approval.\n Provided, however, That pending approval of certification, the Commission will assume jurisdiction over\n basic cable service rates in that franchise area.\n\n[58 FR 29753, May 21, 1993, as amended at 58 FR 46735, Sept. 2, 1993; 64 FR 35950, July 2, 1999]\n\n\n§ 76.912 Joint certification.\n (a) Franchising authorities may apply for joint certification and may engage in joint regulation, including, but\n not limited to, joint hearings, data collection, and ratemaking. Franchising authorities jointly certified to\n regulate their cable system(s) may make independent rate decisions.\n\n (b) Franchising authorities may apply for joint certification regardless of whether the authorities are served by\n the same cable system or by different cable systems and regardless of whether the rates in each\n franchising area are uniform.\n\n§ 76.913 Assumption of jurisdiction by the Commission.\n (a) Upon denial or revocation of the franchising authority's certification, the Commission will regulate rates\n for cable services and associated equipment of a cable system not subject to effective competition, as\n defined in § 76.905, in a franchise area. Such regulation by the Commission will continue until the\n franchising authority has obtained certification or recertification.\n\n (b) A franchising authority unable to meet certification standards may petition the Commission to regulate\n the rates for basic cable service and associated equipment of its franchisee when:\n\n47 CFR 76.913(b) (enhanced display) page 143 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.913(b)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) The franchising authority lacks the resources to administer rate regulation.\n\n (2) The franchising authority lacks the legal authority to regulate basic service rates; Provided, however,\n That the authority must submit with its request a statement detailing the nature of the legal infirmity.\n\n (c) The Commission will regulate basic service rates pursuant to this Section until the franchising authority\n qualifies to exercise jurisdiction pursuant to § 76.916.\n\n[58 FR 29753, May 21, 1993, as amended at 62 FR 6495, Feb. 12, 1997]\n\n\n§ 76.914 Revocation of certification.\n (a) A franchising authority's certification shall be revoked if:\n\n (1) After the franchising authority has been given a reasonable opportunity to comment and cure any\n minor nonconformance, it is determined that state and local laws and regulations are in substantial\n and material conflict with the Commission's regulations governing cable rates.\n\n (2) After being given an opportunity to cure the defect, a franchising authority fails to fulfill one of the\n three conditions for certification, set forth in 47 U.S.C. 543(a)(3), or any of the provisions of §\n 76.910(b).\n\n (b) In all cases of revocation, the Commission will assume jurisdiction over basic service rates until an\n authority becomes recertified. The Commission will also notify the franchising authority regarding the\n corrective action that may be taken.\n\n (c) A cable operator may file a petition for special relief pursuant to § 76.7 of this part seeking revocation of a\n franchising authority's certification.\n\n (d) While a petition for revocation is pending, and absent grant of a stay, the franchising authority may\n continue to regulate the basic service rates of its franchisees.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17972, Apr. 15, 1994; 64 FR 6572, Feb. 10, 1999]\n\n\n§ 76.916 Petition for recertification.\n (a) After its request for certification has been denied or its existing certification has been revoked, a\n franchising authority wishing to assume jurisdiction to regulate basic service and associated equipment\n rates must file a “Petition for Recertification” accompanied by a copy of the earlier decision denying or\n revoking certification.\n\n (b) The petition must:\n\n (1) Meet the requirements set forth in 47 U.S.C. 543(a)(3);\n\n (2) State that the cable system is not subject to effective competition; and\n\n (3) Contain a clear showing, supported by either objectively verifiable data such as a state statute, or by\n affidavit, that the reasons for the earlier denial or revocation no longer pertain.\n\n (c) The petition must be served on the cable operator and on any interested party that participated in the\n proceeding denying or revoking the original certification.\n\n\n\n\n47 CFR 76.916(c) (enhanced display) page 144 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.916(d)\nMultichannel Video and Cable Television Service\n\n\n (d) Oppositions may be filed within 15 days after the petition is filed, and must be served on the petitioner.\n Replies may be filed within seven days of filing of oppositions, and must be served on the opposing\n party(ies).\n\n§ 76.917 Notification of certification withdrawal.\nA franchising authority that has been certified to regulate rates may, at any time, notify the Commission that it no\nlonger intends to regulate basic cable rates. Such notification shall include the franchising authority's determination\nthat rate regulation no longer serves the interests of cable subscribers served by the cable system within the\nfranchising authority's jurisdiction, and that it has received no consideration for its withdrawal of certification. Such\nnotification shall be served on the cable operator. The Commission retains the right to review such determinations\nand to request the factual finding of the franchising authority underlying its decision to withdraw certification. The\nfranchising authority's withdrawal becomes effective upon notification to the Commission.\n\n[59 FR 17972, Apr. 15, 1994]\n\n\n§ 76.920 Composition of the basic tier.\nEvery subscriber of a cable system must subscribe to the basic tier in order to subscribe to any other tier of video\nprogramming or to purchase any other video programming.\n\n§ 76.921 Buy-through of other tiers prohibited.\n (a) No cable system operator, other than an operator subject to effective competition, may require the\n subscription to any tier other than the basic service tier as a condition of subscription to video\n programming offered on a per channel or per program charge basis. A cable operator may, however,\n require the subscription to one or more tiers of cable programming services as a condition of access to\n one or more tiers of cable programming services.\n\n (b) A cable operator not subject to effective competition may not discriminate between subscribers to the\n basic service tier and other subscribers with regard to the rates charged for video programming offered\n on a per-channel or per-program charge basis.\n\n (c) With respect to cable systems not subject to effective competition, prior to October 5, 2002, the provisions\n of paragraph (a) of this section shall not apply to any cable system that lacks the capacity to offer basic\n service and all programming distributed on a per channel or per program basis without also providing\n other intermediate tiers of service:\n\n (1) By controlling subscriber access to nonbasic channels of service through addressable equipment\n electronically controlled from a central control point; or\n\n (2) Through the installation, noninstallation, or removal of frequency filters (traps) at the premises of\n subscribers without other alteration in system configuration or design and without causing\n degradation in the technical quality of service provided.\n\n (d) With respect to cable systems not subject to effective competition, any retiering of channels or services\n that is not undertaken in order to accomplish legitimate regulatory, technical, or customer service\n objectives and that is intended to frustrate or has the effect of frustrating compliance with paragraphs (a)\n through (c) of this section is prohibited.\n\n[62 FR 6495, Feb. 12, 1997]\n\n\n47 CFR 76.921(d) (enhanced display) page 145 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922\nMultichannel Video and Cable Television Service\n\n\n§ 76.922 Rates for the basic service tier and cable programming services tiers.\n (a) Basic and cable programming service tier rates. Basic service tier and cable programming service rates\n shall be subject to regulation by the Commission and by state and local authorities, as is appropriate, in\n order to assure that they are in compliance with the requirements of 47 U.S.C. 543. Rates that are\n demonstrated, in accordance with this part, not to exceed the “Initial Permitted Per Channel Charge” or the\n “Subsequent Permitted Per Channel Charge” as described in this section, or the equipment charges as\n specified in § 76.923, will be accepted as in compliance. The maximum monthly charge per subscriber for\n a tier of regulated programming services offered by a cable system shall consist of a permitted per\n channel charge multiplied by the number of channels on the tier, plus a charge for franchise fees. The\n maximum monthly charges for regulated programming services shall not include any charges for\n equipment or installations. Charges for equipment and installations are to be calculated separately\n pursuant to § 76.923. The same rate-making methodology (either the benchmark methodology found in\n paragraph (b) of this section, or a cost-of-service showing) shall be used to set initial rates on all rate\n regulated tiers, and shall continue to provide the basis for subsequent permitted charges.\n\n (b) Permitted charge on May 15, 1994.\n\n (1) The permitted charge for a tier of regulated program service shall be, at the election of the cable\n system, either:\n\n (i) A rate determined pursuant to a cost-of-service showing;\n\n (ii) The full reduction rate;\n\n (iii) The transition rate, if the system is eligible for transition relief; or\n\n (iv) A rate based on a streamlined rate reduction, if the system is eligible to implement such a rate\n reduction. Except where noted, the term “rate” in this subsection means a rate measured on an\n average regulated revenue per subscriber basis.\n\n (2) Full reduction rate. The “full reduction rate” on May 15, 1994 is the system's September 30, 1992 rate,\n measured on an average regulated revenue per subscriber basis, reduced by 17 percent, and then\n adjusted for the following:\n\n (i) The establishment of permitted equipment rates as required by § 76.923;\n\n (ii) Inflation measured by the GNP-PI between October 1, 1992 and September 30, 1993;\n\n (iii) Changes in the number of program channels subject to regulation that are offered on the\n system's program tiers between September 30, 1992 and the earlier of the initial date of\n regulation for any tier or February 28, 1994; and\n\n (iv) Changes in external costs that have occurred between the earlier of the initial date of regulation\n for any tier or February 28, 1994, and March 31, 1994.\n\n (3) March 31, 1994 benchmark rate. The “March 31, 1994 benchmark rate” is the rate so designated\n using the calculations in Form 1200.\n\n (4) Transition rates —\n\n (i) Termination of transition relief for systems other than low price systems. Systems other than\n low-price systems that already have established a transition rate as of the effective date of this\n rule may maintain their current rates, as adjusted under the price cap requirements of §\n\n\n47 CFR 76.922(b)(4)(i) (enhanced display) page 146 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(b)(4)(ii)\nMultichannel Video and Cable Television Service\n\n\n 76.922(d), until two years from the effective date of this rule. These systems must begin\n charging reasonable rates in accordance with applicable rules, other than transition relief, no\n later than that date.\n\n (ii) Low-price systems. Low price systems shall be eligible to establish a transition rate for a tier.\n\n (A) A low-price system is a system:\n\n (1) Whose March 31, 1994 rate is below its March 31, 1994 benchmark rate, or\n\n (2) Whose March 31, 1994 rate is above its March 31, 1994 benchmark rate, but whose\n March 31, 1994 full reduction rate is below its March 31, 1994 benchmark rate, as\n defined in § 76.922(b)(2), above.\n\n (B) The transition rate on May 15, 1994 for a system whose March 31, 1994 rate is below its\n March 31, 1994 benchmark rate is the system's March 31, 1994 rate. The March 31, 1994\n rate is in both cases adjusted:\n\n (1) To establish permitted rates for equipment as required by § 76.923 if such rates have\n not already been established; and\n\n (2) For changes in external costs incurred between the earlier of initial date of regulation\n of any tier or February 28, 1994, and March 31, 1994, to the extent changes in such\n costs are not already reflected in the system's March 31, 1994 rate. The transition\n rate on May 15, 1994 for a system whose March 31, 1994 adjusted rate is above its\n March 31, 1994 benchmark rate, but whose March 31, 1994 full reduction rate is\n below its March 31, 1994 benchmark rate, is the March 31, 1994 benchmark rate,\n adjusted to establish permitted rates for equipment as required by § 76.923 if such\n rates have not already been established.\n\n (iii) Notwithstanding the foregoing, the transition rate for a tier shall be adjusted to reflect any\n determination by a local franchising authority and/or the Commission that the rate in effect on\n March 31, 1994 was higher (or lower) than that permitted under applicable Commission\n regulations. A filing reflecting the adjusted rate shall be submitted to all relevant authorities\n within 30 days after issuance of the local franchising authority and/or Commission\n determination. A system whose March 31, 1994 rate is determined by a local franchising\n authority or the Commission to be too high under the Commission's rate regulations in effect\n before May 15, 1994 will be subject to any refund liability that may accrue under those rules. In\n addition, the system will be liable for refund liability under the rules in effect on and after May\n 15, 1994. Such refund liability will be measured by the difference in the system's March 31,\n 1994 rate and its permitted March 31, 1994 rate as calculated under the Commission's rate\n regulations in effect before May 15, 1994. The refund liability will accrue according to the time\n periods set forth in §§ 76.942, and 76.961 of the Commission's rules.\n\n (5) Streamlined rate reductions.\n\n (i) Upon becoming subject to rate regulation, a small system owned by a small cable company\n may make a streamlined rate reduction, subject to the following conditions, in lieu of\n establishing initial rates pursuant to the other methods of rate regulation set forth in this\n subpart:\n\n\n\n\n47 CFR 76.922(b)(5)(i) (enhanced display) page 147 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(b)(5)(i)(A)\nMultichannel Video and Cable Television Service\n\n\n (A) Small systems that are owned by small cable companies and that have not already\n restructured their rates to comply with the Commission's rules may establish rates for\n regulated program services and equipment by making a streamlined rate reduction. Small\n systems owned by small cable companies shall not be eligible for streamlined rate\n reductions if they are owned or controlled by, or are under common control or affiliated\n with, a cable operator that exceeds these subscriber limits. For purposes of this rule, a\n small system will be considered “affiliated with” such an operator if the operator has a 20\n percent or greater equity interest in the small system.\n\n (B) The streamlined rate for a tier on May 15, 1994 shall be the system's March 31, 1994 rate\n for the tier, reduced by 14 percent. A small system that elects to establish its rate for a tier\n by implementing this streamlined rate reduction must also reduce, at the same time, each\n billed item of regulated cable service, including equipment, by 14 percent. Regulated rates\n established using the streamlined rate reduction process shall remain in effect until:\n\n (1) Adoption of a further order by the Commission establishing a schedule of average\n equipment costs;\n\n (2) The system increases its rates using the calculations and time periods set forth in\n FCC Form 1211; or\n\n (3) The system elects to establish permitted rates under another available option set\n forth in paragraph (b)(1) of this section.\n\n (C) Implementation and notification. An eligible small system that elects to use the\n streamlined rate reduction process must implement the required rate reductions and\n provide written notice of such reductions to subscribers, the local franchising authority\n and the Commission according to the following schedule:\n\n (1) Within 60 days from the date it receives the initial notice of regulation from the\n franchising authority or the Commission, the small system must provide written\n notice to subscribers and the franchising authority, or to the Commission if the\n Commission is regulating the basic tier, that it is electing to set its regulated rates by\n the streamlined rate reduction process. The system must then implement the\n streamlined rate reductions within 30 days after the written notification has been\n provided to subscribers and the local franchise authority or Commission.\n\n (2) If a cable programming services complaint is filed against the system, the system\n must provide the required written notice, described in paragraph (b)(5)(iii)(C)(1) of\n this section, to subscribers, the local franchising authority or the Commission within\n 60 days after the complaint is filed. The system must then implement the\n streamlined rate reductions within 30 days after the written notification has been\n provided.\n\n (3) A small system is required to give written notice of, and to implement, the rates that\n are produced by the streamlined rate reduction process only once. If a system has\n already provided notice of, and implemented, the streamlined rate reductions when a\n given tier becomes subject to regulation, it must report to the relevant regulator\n (either the franchising authority or the Commission) in writing within 30 days of\n becoming subject to regulation that it has already provided the required notice and\n implemented the required rate reductions.\n\n\n47 CFR 76.922(b)(5)(i)(C)(3) (enhanced display) page 148 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(b)(5)(ii)\nMultichannel Video and Cable Television Service\n\n\n (ii) The stremlined rate for a tier on May 15, 1994 shall be the system's March 31, 1994 rate for the\n tier, reduced by 14 percent. A small system that elects to establish its rate for a tier by\n implementing this streamlined rate reduction must also reduce, at the same time, each billed\n item of regulated cable service, including equipment, by 14 percent. Regulated rates\n established using the streamlined rate reduction process shall remain in effect until:\n\n (A) Adoption of a further order by the Commission establishing a schedule of average\n equipment costs;\n\n (B) The system increases its rates using the calculations and time periods set forth in FCC\n Form 1211; or\n\n (C) The system elects to establish permitted rates under another available option set forth in\n paragraph (b)(1) of this section.\n\n (iii) Implementation and notification. An eligible small system that elects to use the streamlined rate\n reduction process must implement the required rate reductions and provide written notice of\n such reductions to subscribers, the local franchising authority and the Commission according\n to the following schedule:\n\n (A) Where the franchising authority has been certified by the Commission to regulate the\n small system's basic service tier rates as of May 15, 1994, the system must notify the\n franchising authority and its subscribers in writing that it is electing to set its regulated\n rates by the streamline rate reduction process. Such notice must be given by June 15,\n 1994, and must also describe the new rates that will result from the streamlined rate\n reduction process. Those rates must then be implemented within 30 days after the written\n notification has been provided to subscribers and the local franchising authority.\n\n (B) Where the franchising authority has not been certified to regulate basic service tier rates\n by May 15, 1994, the small system must provide the written notice to subscribers and the\n franchising authority, described in paragraph (b)(5)(iii)(A) of this section, within 30 days\n from the date it receives the initial notice of regulation from the franchising authority. The\n system must then implement the streamlined rate reductions within 30 days after the\n written notification has been provided to subscribers and the local franchise authority.\n\n (C) Where the Commission is regulating the small system's basic service tier rates as of May\n 15, 1994, the system must notify the Commission and its subscribers in writing that it is\n electing to set its regulated rates by the streamlined rate reduction process. Such notice\n must be given by June 15, 1994, and must also describe the new rates that will result from\n the streamlined rate reduction process. Those rates must then be implemented within 30\n days after the written notification has been provided to subscribers and the Commission.\n\n (D) Where the Commission begins regulating basic service rates after May 15, 1994, the small\n system must provide the written notice to subscribers and the Commission, described in\n paragraph (b)(5)(iii)(C) of this section, within 30 days from the date it receives an initial\n notice of regulation. The system must then implement the streamlined rate reductions\n within 30 days after the written notification has been provided to subscribers and the\n Commission.\n\n (E) If a complaint about its cable programming service rates has been filed with the\n Commission on or before May 15, 1994, the small system must provide the written notice\n described in paragraph (b)(5)(iii)(A) of this section, to subscribers, the local franchising\n\n47 CFR 76.922(b)(5)(iii)(E) (enhanced display) page 149 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(b)(5)(iii)(F)\nMultichannel Video and Cable Television Service\n\n\n authority and the Commission by June 15, 1994. If a cable programming services\n complaint is filed against the system after May 15, 1994, the system must provide the\n required written notice to subscribers, the local franchising authority or the Commission\n within 30 days after the complaint is filed. The system must then implement the\n streamlined rate reductions within 30 days after the written notification has been provided.\n\n (F) A small system is required to give written notice of, and to implement, the rates that are\n produced by the streamlined rate reduction process only once. If a system has already\n provided notice of, and implemented, the streamlined rate reductions when a given tier\n becomes subject to regulation, it must report to the relevant regulator (either the\n franchising authority or the Commission) in writing within 30 days of becoming subject to\n regulation that it has already provided the required notice and implemented the required\n rate reductions.\n\n (6) Establishment of initial regulated rates.\n\n (i) Cable systems, other than those eligible for streamlined rate reductions, shall file FCC Forms\n 1200, 1205, and 1215 for a tier that is regulated on May 15, 1994 by June 15, 1994, or thirty\n days after the initial date of regulation for the tier. A system that becomes subject to regulation\n for the first time on or after July 1, 1994 shall also file FCC Form 1210 at the time it files FCC\n Forms 1200, 1205 and 1215.\n\n (ii) A cable system will not incur refund liability under the Commission's rules governing regulated\n cable rates on and after May 15, 1994 if:\n\n (A) Between March 31, 1994 and July 14, 1994, the system does not change the rate for, or\n restructure in any fashion, any program service or equipment offering that is subject to\n regulation under the 1992 Cable Act; and\n\n (B) The system establishes a permitted rate defined in paragraph (b) of this section by July 14,\n 1994. The deferral of refund liability permitted by this subsection will terminate if, after\n March 31, 1994, the system changes any rate for, or restructures, any program service or\n equipment offering subject to regulation, and in all events will expire on July 14, 1994.\n Moreover, the deferral of refund liability permitted by this paragraph does not apply to\n refund liability that occurs because the system's March 31, 1994 rates for program\n services and equipment subject to regulation are higher than the levels permitted under\n the Commission's rules in effect before May 15, 1994.\n\n (7) For purposes of this section, the initial date of regulation for the basic service tier shall be the date\n on which notice is given pursuant to § 76.910, that the provision of the basic service tier is subject to\n regulation. For a cable programming services tier, the initial date of regulation shall be the first date\n on which a complaint on the appropriate form is filed with the Commission concerning rates charged\n for the cable programming services tier.\n\n (8) For purposes of this section, rates in effect on the initial date of regulation or on September 30, 1992\n shall be the rates charged to subscribers for service received on that date.\n\n (9) Updating data calculations.\n\n (i) For purposes of this section, if:\n\n (A) A cable operator, prior to becoming subject to regulation, revised its rates to comply with\n the Commission's rules; and\n\n47 CFR 76.922(b)(9)(i)(A) (enhanced display) page 150 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(b)(9)(i)(B)\nMultichannel Video and Cable Television Service\n\n\n (B) The data on which the cable operator relied was current and accurate at the time of\n revision, and the rate is accurate and justified by the prior data; and\n\n (C) Through no fault of the cable operator, the rates that resulted from using such data differ\n from the rates that would result from using data current and accurate at the time the cable\n operator's system becomes subject to regulation; then the cable operator is not required\n to change its rates to reflect the data current at the time it becomes subject to regulation.\n\n (ii) Notwithstanding the above, any subsequent changes in a cable operator's rates must be made\n from rate levels derived from data [that was current as of the date of the rate change].\n\n (iii) For purposes of this subsection, if the rates charged by a cable operator are not justified by an\n analysis based on the data available at the time it initially adjusted its rates, the cable operator\n must adjust its rates in accordance with the most accurate data available at the time of the\n analysis.\n\n (c) Subsequent permitted charge.\n\n (1) The permitted charge for a tier after May 15, 1994 shall be, at the election of the cable system, either:\n\n (i) A rate determined pursuant to a cost-of-service showing,\n\n (ii) A rate determined by application of the Commission's price cap requirements set forth in\n paragraph (d) of this section to a permitted rate determined in accordance with paragraph (b)\n of this section, or\n\n (iii) A rate determined by application of the Commission's price cap requirements set forth in\n paragraph (e) of this section to a permitted rate determined in accordance with paragraph (b)\n of this section.\n\n (2) The Commission's price cap requirements allow a system to adjust its permitted charges for\n inflation, changes in the number of regulated channels on tiers, or changes in external costs. After\n May 15, 1994, adjustments for changes in external costs shall be calculated by subtracting external\n costs from the system's permitted charge and making changes to that “external cost component” as\n necessary. The remaining charge, referred to as the “residual component,” will be adjusted annually\n for inflation. Cable systems may adjust their rates by using the price cap rules contained in either\n paragraph (d) or (e) of this section. In addition, cable systems may further adjust their rates using\n the methodologies set forth in paragraph (n) of this section.\n\n (3) An operator may switch between the quarterly rate adjustment option contained in paragraph (d) of\n this section and the annual rate adjustment option contained in paragraph (e) of this section,\n provided that:\n\n (i) Whenever an operator switches from the current quarterly system to the annual system, the\n operator may not file a Form 1240 earlier than 90 days after the operator proposed its last rate\n adjustment on a Form 1210; and\n\n (ii) When an operator changes from the annual system to the quarterly system, the operator may\n not return to a quarterly adjustment using a Form 1210 until a full quarter after it has filed a true\n up of its annual rate on a Form 1240 for the preceding filing period.\n\n\n\n\n47 CFR 76.922(c)(3)(ii) (enhanced display) page 151 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(c)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) An operator that does not set its rates pursuant to a cost-of-service filing must use the quarterly rate\n adjustment methodology pursuant to paragraph (d) of this section or annual rate adjustment\n methodology pursuant to paragraph (e) of this section for both its basic service tier and its cable\n programming services tier(s).\n\n (d) Quarterly rate adjustment method —\n\n (1) Calendar year quarters. All systems using the quarterly rate adjustment methodology must use the\n following calendar year quarters when adjusting rates under the price cap requirements. The first\n quarter shall run from January 1 through March 31 of the relevant year; the second quarter shall run\n from April 1 through June 30; the third quarter shall run from July 1 through September 30; and the\n fourth quarter shall run from October 1 through December 31.\n\n (2) Inflation adjustments. The residual component of a system's permitted charge may be adjusted\n annually for inflation. The annual inflation adjustment shall be used on inflation occurring from June\n 30 of the previous year to June 30 of the year in which the inflation adjustment is made, except that\n the first annual inflation adjustment shall cover inflation from September 30, 1993 until June 30 of\n the year in which the inflation adjustment is made. The adjustment may be made after September\n 30, but no later than August 31, of the next calendar year. Adjustments shall be based on changes in\n the Gross National Product Price Index as published by the Bureau of Economic Analysis of the\n United States Department of Commerce. Cable systems that establish a transition rate pursuant to\n paragraph (b)(4) of this section may not begin adjusting rates on account of inflation before April 1,\n 1995. Between April 1, 1995 and August 31, 1995 cable systems that established a transition rate\n may adjust their rates to reflect the net of a 5.21% inflation adjustment minus any inflation\n adjustments they have already received. Low price systems that had their March 31, 1994 rates\n above the benchmark, but their full reduction rate below the benchmark will be permitted to adjust\n their rates to reflect the full 5.21% inflation factor unless the rate reduction was less than the\n inflation adjustment received on an FCC Form 393 for rates established prior to May 15, 1994. If the\n rate reduction established by a low price system that reduced its rate to the benchmark was less\n than the inflation adjustment received on an FCC Form 393, the system will be permitted to receive\n the 5.21% inflation adjustment minus the difference between the rate reduction and the inflation\n adjustment the system made on its FCC Form 393. Cable systems that established a transition rate\n may make future inflation adjustments on an annual basis with all other cable operators, no earlier\n than October 1 of each year and no later than August 31 of the following year to reflect the final GNP-\n PI through June 30 of the applicable year.\n\n (3) External costs.\n\n (i) Permitted charges for a tier may be adjusted up to quarterly to reflect changes in external costs\n experienced by the cable system as defined by paragraph (f) of this section. In all events, a\n system must adjust its rates annually to reflect any decreases in external costs that have not\n previously been accounted for in the system's rates. A system must also adjust its rates\n annually to reflect any changes in external costs, inflation and the number of channels on\n regulated tiers that occurred during the year if the system wishes to have such changes\n reflected in its regulated rates. A system that does not adjust its permitted rates annually to\n account for those changes will not be permitted to increase its rates subsequently to reflect the\n changes.\n\n (ii) A system must adjust its rates in the next calendar year quarter for any decrease in\n programming costs that results from the deletion of a channel or channels from a regulated\n tier.\n47 CFR 76.922(d)(3)(ii) (enhanced display) page 152 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(d)(3)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) Any rate increase made to reflect an increase in external costs must also fully account for all\n other changes in external costs, inflation and the number of channels on regulated tiers that\n occurred during the same period. Rate adjustments made to reflect changes in external costs\n shall be based on any changes in those external costs that occurred from the end of the last\n quarter for which an adjustment was previously made through the end of the quarter that has\n most recently closed preceding the filing of the FCC Form 1210 (or FCC Form 1211, where\n applicable). A system may adjust its rates after the close of a quarter to reflect changes in\n external costs that occurred during that quarter as soon as it has sufficient information to\n calculate the rate change.\n\n (e) Annual rate adjustment method —\n\n (1) Generally. Except as provided for in paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section and\n Section 76.923(o), operators that elect the annual rate adjustment method may not adjust their rates\n more than annually to reflect inflation, changes in external costs, changes in the number of regulated\n channels, and changes in equipment costs. Operators that make rate adjustments using this method\n must file on the same date a Form 1240 for the purpose of making rate adjustments to reflect\n inflation, changes in external costs and changes in the number of regulated channels and a Form\n 1205 for the purpose of adjusting rates for regulated equipment and installation. Operators may\n choose the annual filing date, but they must notify the franchising authority of their proposed filing\n date prior to their filing. Franchising authorities or their designees may reject the annual filing date\n chosen by the operator for good cause. If the franchising authority finds good cause to reject the\n proposed filing date, the franchising authority and the operator should work together in an effort to\n reach a mutually acceptable date. If no agreement can be reached, the franchising authority may set\n the filing date up to 60 days later than the date chosen by the operator. An operator may change its\n filing date from year-to-year, but except as described in paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of\n this section, at least twelve months must pass before the operator can implement its next annual\n adjustment.\n\n (2) Projecting inflation, changes in external costs, and changes in number of regulated channels. An\n operator that elects the annual rate adjustment method may adjust its rates to reflect inflation,\n changes in external costs and changes in the number of regulated channels that are projected for\n the 12 months following the date the operator is scheduled to make its rate adjustment pursuant to\n Section 76.933(g).\n\n (i) Inflation Adjustments. The residual component of a system's permitted charge may be adjusted\n annually to project for the 12 months following the date the operator is scheduled to make a\n rate adjustment. The annual inflation adjustment shall be based on inflation that occurred in the\n most recently completed July 1 to June 30 period. Adjustments shall be based on changes in\n the Gross National Product Price Index as published by the Bureau of Economic Analysis of the\n United States Department of Commerce.\n\n (ii) External costs.\n\n (A) Permitted charges for a tier may be adjusted annually to reflect changes in external costs\n experienced but not yet accounted for by the cable system, as well as for projections in\n these external costs for the 12-month period on which the filing is based. In order that\n rates be adjusted for projections in external costs, the operator must demonstrate that\n such projections are reasonably certain and reasonably quantifiable. Projections involving\n copyright fees, retransmission consent fees, other programming costs, Commission\n regulatory fees, and cable specific taxes are presumed to be reasonably certain and\n47 CFR 76.922(e)(2)(ii)(A) (enhanced display) page 153 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(e)(2)(ii)(B)\nMultichannel Video and Cable Television Service\n\n\n reasonably quantifiable. Operators may project for increases in franchise related costs to\n the extent that they are reasonably certain and reasonably quantifiable, but such changes\n are not presumed reasonably certain and reasonably quantifiable. Operators may pass\n through increases in franchise fees pursuant to Section 76.933(g).\n\n (B) In all events, a system must adjust its rates every twelve months to reflect any net\n decreases in external costs that have not previously been accounted for in the system's\n rates.\n\n (C) Any rate increase made to reflect increases or projected increases in external costs must\n also fully account for all other changes and projected changes in external costs, inflation\n and the number of channels on regulated tiers that occurred or will occur during the same\n period. Rate adjustments made to reflect changes in external costs shall be based on any\n changes, plus projections, in those external costs that occurred or will occur in the\n relevant time periods since the periods used in the operator's most recent previous FCC\n Form 1240.\n\n (iii) Channel adjustments.\n\n (A) Permitted charges for a tier may be adjusted annually to reflect changes not yet accounted\n for in the number of regulated channels provided by the cable system, as well as for\n projected changes in the number of regulated channels for the 12-month period on which\n the filing is based. In order that rates be adjusted for projected changes to the number of\n regulated channels, the operator must demonstrate that such projections are reasonably\n certain and reasonably quantifiable.\n\n (B) An operator may make rate adjustments for the addition of required channels to the basic\n service tier that are required under federal or local law at any time such additions occur,\n subject to the filing requirements of Section 76.933(g)(2), regardless of whether such\n additions occur outside of the annual filing cycle. Required channels may include must-\n carry, local origination, public, educational and governmental access and leased access\n channels. Should the operator elect not to pass through the costs immediately, it may\n accrue the costs of the additional channels plus interest, as described in paragraph (e)(3)\n of this section.\n\n (C) An operator may make one additional rate adjustment during the year to reflect channel\n additions to the cable programming services tiers or, where the operator offers only one\n regulated tier, the basic service tier. Operators may make this additional rate adjustment at\n any time during the year, subject to the filing requirements of Section 76.933(g)(2),\n regardless of whether the channel addition occurs outside of the annual filing cycle.\n Should the operator elect not to pass through the costs immediately, it may accrue the\n costs of the additional channels plus interest, as described in paragraph (e)(3) of this\n section.\n\n (3) True-up and accrual of charges not projected. As part of the annual rate adjustment, an operator\n must “true up” its previously projected inflation, changes in external costs and changes in the\n number of regulated channels and adjust its rates for these actual cost changes. The operator must\n decrease its rates for overestimation of its projected cost changes, and may increase its rates to\n adjust for underestimation of its projected cost changes.\n\n\n\n\n47 CFR 76.922(e)(3) (enhanced display) page 154 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(e)(3)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Where an operator has underestimated costs, future rates may be increased to permit recovery\n of the accrued costs plus 11.25% interest between the date the costs are incurred and the date\n the operator is entitled to make its rate adjustment.\n\n (ii) Per channel adjustment. Operators may increase rates by a per channel adjustment of up to 20\n cents per subscriber per month, exclusive of programming costs, for each channel added to a\n CPST between May 15, 1994, and December 31, 1997, except that an operator may take the per\n channel adjustment only for channel additions that result in an increase in the highest number\n of channels offered on all CPSTs as compared to May 14, 1994, and each date thereafter. Any\n revenues received from a programmer, or shared by a programmer and an operator in\n connection with the addition of a channel to a CPST shall first be deducted from programming\n costs for that channel pursuant to paragraph (d)(3)(x) of this section and then, to the extent\n revenues received from the programmer are greater than the programming costs, shall be\n deducted from the per channel adjustment. This deduction will apply on a channel by channel\n basis. With respect to the per channel adjustment only, this deduction shall not apply to\n revenues received by an operator from a programmer as commissions on sales of products or\n services offered through home shopping services.\n\n (iii) If an operator has underestimated its cost changes and elects not to recover these accrued\n costs with interest on the date the operator is entitled to make its annual rate adjustment, the\n interest will cease to accrue as of the date the operator is entitled to make the annual rate\n adjustment, but the operator will not lose its ability to recover such costs and interest. An\n operator may recover accrued costs between the date such costs are incurred and the date the\n operator actually implements its rate adjustment.\n\n (iv) Operators that use the annual methodology in their next filing after the release date of this\n Order may accrue costs and interest incurred since July 1, 1995 in that filing. Operators that file\n a Form 1210 in their next filing after the release date of this Order, and elect to use Form 1240\n in a subsequent filing, may accrue costs incurred since the end of the last quarter to which a\n Form 1210 applies.\n\n (4) Sunset provision. The Commission will review paragraph (e) of this section prior to December 31,\n 1998 to determine whether the annual rate adjustment methodology should be kept, and whether the\n quarterly system should be eliminated and replaced with the annual rate adjustment method.\n\n (f) External costs.\n\n (1) External costs shall consist of costs in the following categories:\n\n (i) State and local taxes applicable to the provision of cable television service;\n\n (ii) Franchise fees;\n\n (iii) Costs of complying with franchise requirements, including costs of providing public,\n educational, and governmental access channels as required by the franchising authority;\n\n (iv) Retransmission consent fees and copyright fees incurred for the carriage of broadcast signals;\n\n (v) Other programming costs; and\n\n (vi) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. § 159.\n\n (vii) Headend equipment costs necessary for the carriage of digital broadcast signals.\n\n\n47 CFR 76.922(f)(1)(vii) (enhanced display) page 155 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(f)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The permitted charge for a regulated tier shall be adjusted on account of programming costs,\n copyright fees and retransmission consent fees only for the program channels or broadcast signals\n offered on that tier.\n\n (3) The permitted charge shall not be adjusted for costs of retransmission consent fees or changes in\n those fees incurred prior to October 6, 1994.\n\n (4) The starting date for adjustments on account of external costs for a tier of regulated programming\n service shall be the earlier of the initial date of regulation for any basic or cable service tier or\n February 28, 1994. Except, for regulated FCC Form 1200 rates set on the basis of rates at September\n 30, 1992 (using either March 31, 1994 rates initially determined from FCC Form 393 Worksheet 2 or\n using Form 1200 Full Reduction Rates from Line J6), the starting date shall be September 30, 1992.\n Operators in this latter group may make adjustment for changes in external costs for the period\n between September 30, 1992, and the initial date of regulation or February 28, 1994, whichever is\n applicable, based either on changes in the GNP-PI over that period or on the actual change in the\n external costs over that period. Thereafter, adjustment for external costs may be made on the basis\n of actual changes in external costs only.\n\n (5) Changes in franchise fees shall not result in an adjustment to permitted charges, but rather shall be\n calculated separately as part of the maximum monthly charge per subscriber for a tier of regulated\n programming service.\n\n (6) Adjustments to permitted charges to reflect changes in the costs of programming purchased from\n affiliated programmers, as defined in § 76.901, shall be permitted as long as the price charged to the\n affiliated system reflects either prevailing company prices offered in the marketplace to third parties\n (where the affiliated program supplier has established such prices) or the fair market value of the\n programming.\n\n (i) For purposes of this section, entities are affiliated if either entity has an attributable interest in\n the other or if a third party has an attributable interest in both entities.\n\n (ii) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to\n § 76.501 provided, however, that:\n\n (A) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply;\n and\n\n (B) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or\n nonvoting stock or limited partnership equity interests of five (5) percent or more.\n\n (7) Adjustments to permitted charges on account of increases in costs of programming shall be further\n adjusted to reflect any revenues received by the operator from the programmer. Such adjustments\n shall apply on a channel-by-channel basis.\n\n (8) In calculating programming expense, operators may add a mark-up of 7.5% for increases in\n programming costs occurring after March 31, 1994, except that operators may not file for or take the\n 7.5% mark-up on programming costs for new channels added on or after May 15, 1994 for which the\n operator has used the methodology set forth in paragraph (g)(3) of this section for adjusting rates\n for channels added to cable programming service tiers. Operators shall reduce rates by decreases in\n programming expense plus an additional 7.5% for decreases occurring after May 15, 1994 except\n with respect to programming cost decreases on channels added after May 15, 1994 for which the\n rate adjustment methodology in paragraph (g)(3) of this section was used.\n\n47 CFR 76.922(f)(8) (enhanced display) page 156 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(g)\nMultichannel Video and Cable Television Service\n\n\n (g) Changes in the number of channels on regulated tiers —\n\n (1) Generally. A system may adjust the residual component of its permitted rate for a tier to reflect\n changes in the number of channels offered on the tier on a quarterly basis. Cable systems shall use\n FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240 to justify rate changes\n made on account of changes in the number of channels on a basic service tier (“BST”) or a cable\n programming service tier (“CPST”). Such rate adjustments shall be based on any changes in the\n number of regulated channels that occurred from the end of the last quarter for which an adjustment\n was previously made through the end of the quarter that has most recently closed preceding the\n filing of the FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240. However,\n when a system deletes channels in a calendar quarter, the system must adjust the residual\n component of the tier charge in the next calendar quarter to reflect that deletion. Operators must\n elect between the channel addition rules in paragraphs (g)(2) and (g)(3) of this section the first time\n they adjust rates after December 31, 1994, to reflect a channel addition to a CPST that occurred on\n or after May 15, 1994, and must use the elected methodology for all rate adjustments through\n December 31, 1997. A system that adjusted rates after May 15, 1994, but before January 1, 1995 on\n account of a change in the number of channels on a CPST that occurred after May 15, 1994, may\n elect to revise its rates to charge the rates permitted by paragraph (g)(3) of this section on or after\n January 1, 1995, but is not required to do so as a condition for using the methodology in paragraph\n (g)(3) of this section for rate adjustments after January 1, 1995. Rates for the BST will be governed\n exclusively by paragraph (g)(2) of this section, except that where a system offered only one tier on\n May 14, 1994, the cable operator will be allowed to elect between paragraphs (g)(2) and (g)(3) of this\n section as if the tier was a CPST.\n\n (2) Adjusting rates for increases in the number of channels offered between May 15, 1994, and December\n 31, 1997, on a basic service tier and at the election of the operator on a cable programming service\n tier. The following table shall be used to adjust permitted rates for increases in the number of\n channels offered between May 15, 1994, and December 31, 1997, on a basic service tier and subject\n to the conditions in paragraph (g)(1) of this section at the election of the operator on a CPST. The\n entries in the table provide the cents per channel per subscriber per month by which cable operators\n will adjust the residual component using FCC Form 1210 (or FCC Form 1211, where applicable) or\n FCC Form 1240.\n\n Average No. of regulated channels Per-channel adjustment factor\n 7 $0.52\n 7.5 0.45\n 8 0.40\n 8.5 0.36\n 9 0.33\n 9.5 0.29\n 10 0.27\n 10.5 0.24\n 11 0.22\n 11.5 0.20\n 12 0.19\n 12.5 0.17\n\n\n47 CFR 76.922(g)(2) (enhanced display) page 157 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(g)(2)(i)\nMultichannel Video and Cable Television Service\n\n\n Average No. of regulated channels Per-channel adjustment factor\n 13 0.16\n 13.5 0.15\n 14 0.14\n 14.5 0.13\n 15–15.5 0.12\n 16 0.11\n 16.5–17 0.10\n 17.5–18 0.09\n 18.5–19 0.08\n 19.5–21.5 0.07\n 22–23.5 0.06\n 24–26 0.05\n 26.5–29.5 0.04\n 30–35.5 0.03\n 36–46 0.02\n 46.5–99.5 0.01\n\n\n In order to adjust the residual component of the tier charge when there is an increase in the number\n of channels on a tier, the operator shall perform the following calculations:\n\n (i) Take the sum of the old total number of channels on tiers subject to regulation (i.e., tiers that\n are, or could be, regulated but excluding New Product Tiers) and the new total number of\n channels and divide the resulting number by two;\n\n (ii) Consult the above table to find the applicable per channel adjustment factor for the number of\n channels produced by the calculations in step (1). For each tier for which there has been an\n increase in the number of channels, multiply the per-channel adjustment factor times the\n change in the number of channels on that tier. The result is the total adjustment for that tier.\n\n (3) Alternative methodology for adjusting rates for changes in the number of channels offered on a cable\n programming service tier or a single tier system between May 15, 1994, and December 31, 1997. This\n paragraph at the Operator's discretion as set forth in paragraph (g)(1) of this section shall be used to\n adjust permitted rates for a CPST after December 31, 1994, for changes in the number of channels\n offered on a CPST between May 15, 1994, and December 31, 1997. For purposes of paragraph (g)(3)\n of this section, a single tier system may be treated as if it were a CPST.\n\n (i) Operators cap attributable to new channels on all CPSTs through December 31, 1997. Operators\n electing to use the methodology set forth in this paragraph may increase their rates between\n January 1, 1995, and December 31, 1997, by up to 20 cents per channel, exclusive of\n programming costs, for new channels added to CPSTs on or after May 15, 1994, except that\n they may not make rate adjustments totalling more than $1.20 per month, per subscriber\n through December 31, 1996, and by more than $1.40 per month, per subscriber through\n December 31, 1997 (the “Operator's Cap”). Except to the extent that the programming costs of\n such channels are covered by the License Fee Reserve provided for in paragraph (g)(3)(iii) of\n this section, programming costs associated with channels for which a rate adjustment is made\n pursuant to this paragraph (g)(3) of this section must fall within the Operators' Cap if the\n\n47 CFR 76.922(g)(3)(i) (enhanced display) page 158 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(g)(3)(ii)\nMultichannel Video and Cable Television Service\n\n\n programming costs (including any increases therein) are reflected in rates before January 1,\n 1997. Inflation adjustments pursuant to paragraph (d)(2) or (e)(2) of this section are not\n counted against the Operator's Cap.\n\n (ii) Per channel adjustment. Operators may increase rates by a per channel adjustment of up to 20\n cents per subscriber per month, exclusive of programming costs, for each channel added to a\n CPST between May 15, 1994, and December 31, 1997, except that an operator may take the per\n channel adjustment only for channel additions that result in an increase in the highest number\n of channels offered on all CPSTs as compared to May 14, 1994, and each date thereafter. Any\n revenues received from a programmer, or shared by a programmer and an operator in\n connection with the addition of a channel to a CPST shall first be deducted from programming\n costs for that channel pursuant to paragraph (f)(7) of this section and then, to the extent\n revenues received from the programmer are greater than the programming costs, shall be\n deducted from the per channel adjustment. This deduction will apply on a channel by channel\n basis.\n\n (iii) License fee reserve. In addition to the rate adjustments permitted in paragraphs (g)(3)(i) and\n (g)(3)(ii) of this section, operators that make channel additions on or after May 15, 1994 may\n increase their rates by a total of 30 cents per month, per subscriber between January 1, 1995,\n and December 31, 1996, for license fees associated with such channels (the “License Fee\n Reserve”). The License Fee Reserve may be applied against the initial license fee and any\n increase in the license fee for such channels during this period. An operator may pass-through\n to subscribers more than the 30 cents between January 1, 1995, and December 31, 1996, for\n license fees associated with channels added after May 15, 1994, provided that the total amount\n recovered from subscribers for such channels, including the License Fee Reserve, does not\n exceed $1.50 per subscriber, per month. After December 31, 1996, license fees may be passed\n through to subscribers pursuant to paragraph (f) of this section, except that license fees\n associated with channels added pursuant to this paragraph (3) will not be eligible for the 7.5%\n mark-up on increases in programming costs.\n\n (iv) Timing. For purposes of determining whether a rate increase counts against the maximum rate\n increases specified in paragraphs (g)(3)(i) through (g)(3)(ii) of this section, the relevant date\n shall be when rates are increased as a result of channel additions, not when the addition\n occurs.\n\n (4) Deletion of channels. When dropping a channel from a BST or CPST, operators shall reflect the net\n reduction in external costs in their rates pursuant to paragraphs (d)(3)(i) and (d)(3)(ii) of this section,\n or paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. With respect to channels to which the\n 7.5% mark-up on programming costs applied pursuant to paragraph (f)(8) of this section, the\n operator shall treat the mark-up as part of its programming costs and subtract the mark-up from its\n external costs. Operators shall also reduce the price of that tier by the “residual” associated with that\n channel. For channels that were on a BST or CPST on May 14, 1994, or channels added after that\n date pursuant to paragraph (g)(2) of this section, the per channel residual is the charge for their tier,\n minus the external costs for the tier, and any per channel adjustments made after that date, divided\n by the total number of channels on the tier minus the number of channels on the tier that received\n the per channel adjustment specified in paragraph (g)(3) of this section. For channels added to a\n CPST after May 14, 1994, pursuant to paragraph (g)(3) of this section, the residuals shall be the\n actual per channel adjustment taken for that channel when it was added to the tier.\n\n\n\n47 CFR 76.922(g)(4) (enhanced display) page 159 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(g)(5)\nMultichannel Video and Cable Television Service\n\n\n (5) Movement of Channels Between Tiers. When a channel is moved from a CPST or a BST to another\n CPST or BST, the price of the tier from which the channel is dropped shall be reduced to reflect the\n decrease in programming costs and residual as described in paragraph (g)(4) of this section. The\n residual associated with the shifted channel shall then be converted from per subscriber to\n aggregate numbers to ensure aggregate revenues from the channel remain the same when the\n channel is moved. The aggregate residual associated with the shifted channel may be shifted to the\n tier to which the channel is being moved. The residual shall then be converted to per subscriber\n figures on the new tier, plus any subsequent inflation adjustment. The price of the tier to which the\n channel is shifted may then be increased to reflect this amount. The price of that tier may also be\n increased to reflect any increase in programming cost. An operator may not shift a channel for which\n it received a per channel adjustment pursuant to paragraph (g)(3) of this section from a CPST to a\n BST.\n\n (6) Substitution of channels on a BST or CPST. If an operator substitutes a new channel for an existing\n channel on a CPST or a BST, no per channel adjustment may be made. Operators substituting\n channels on a CPST or a BST shall be required to reflect any reduction in programming costs in their\n rates and may reflect any increase in programming costs pursuant to paragraphs (d)(3)(i) and\n (d)(3)(ii), or paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. If the programming cost for the\n new channel is greater than the programming cost for the replaced channel, and the operator\n chooses to pass that increase through to subscribers, the excess shall count against the License\n Fee Reserve or the Operator Cap when the increased cost is passed through to subscribers. Where\n an operator substitutes a new channel for a channel on which a 7.5% mark-up on programming costs\n was taken pursuant to paragraph (f)(8) of this section, the operator may retain the 7.5% mark-up on\n the license fee of the dropped channel to the extent that it is no greater than 7.5% of programming\n cost of the new service.\n\n (7) [Reserved]\n\n (8) Sunset provision. Paragraph (g) of this section shall cease to be effective on January 1, 1998 unless\n renewed by the Commission.\n\n (h) Permitted charges for a tier shall be determined in accordance with forms and associated instructions\n established by the Commission.\n\n (i) Cost of service charge.\n\n (1) For purposes of this section, a monthly cost-of-service charge for a basic service tier or a cable\n programming service tier is an amount equal to the annual revenue requirement for that tier divided\n by a number that is equal to 12 times the average number of subscribers to that tier during the test\n year, except that a monthly charge for a system or tier in service less than one year shall be equal to\n the projected annual revenue requirement for the first 12 months of operation or service divided by a\n number that is equal to 12 times the projected average number of subscribers during the first 12\n months of operation or service. The calculation of the average number of subscribers shall include\n all subscribers, regardless of whether they receive service at full rates or at discounts.\n\n (2) A test year for an initial regulated charge is the cable operator's fiscal year preceding the initial date\n of regulation. A test year for a change in the basic service charge that is after the initial date of\n regulation is the cable operator's fiscal year preceding the mailing or other delivery of written notice\n pursuant to Section 76.932. A test year for a change in a cable programming service charge after the\n initial date of regulation is the cable operator's fiscal year preceding the filing of a complaint\n regarding the increase.\n\n47 CFR 76.922(i)(2) (enhanced display) page 160 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(i)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) The annual revenue requirement for a tier is the sum of the return component and the expense\n component for that tier.\n\n (4) The return component for a tier is the average allowable test year ratebase allocable to the tier\n adjusted for known and measurable changes occurring between the end of the test year and the\n effective date of the rate multiplied by the rate of return specified by the Commission or franchising\n authority.\n\n (5) The expense component for a tier is the sum of allowable test year expenses allocable to the tier\n adjusted for known and measurable changes occurring between the end of the test year and the\n effective date of the rate.\n\n (6) The ratebase may include the following:\n\n (i) Prudent investment by a cable operator in tangible plant that is used and useful in the provision\n of regulated cable services less accumulated depreciation. Tangible plant in service shall be\n valued at the actual money cost (or the money value of any consideration other than money) at\n the time it was first used to provide cable service, except that in the case of systems purchased\n before May 15, 1994 shall be presumed to equal 66% of the total purchase price allocable to\n assets (including tangible and intangible assets) used to provide regulated services. The 66%\n allowance shall not be used to justify any rate increase taken after the effective date of this\n rule. The actual money cost of plant may include an allowance for funds used during\n construction at the prime rate or the operator's actual cost of funds during construction. Cost\n overruns are presumed to be imprudent investment in the absence of a showing that the\n overrun occurred through no fault of the operator.\n\n (ii) An allowance for start-up losses including depreciation, amortization and interest expenses\n related to assets that are included in the ratebase. Capitalized start-up losses, may include\n cumulative net losses, plus any unrecovered interest expenses connected to funding the\n regulated ratebase, amortized over the unexpired life of the franchise, commencing with the\n end of the loss accumulation phase. However, losses attributable to accelerated depreciation\n methodologies are not permitted.\n\n (iii) An allowance for start-up losses, if any, that is equal to the lesser of the first two years of\n operating costs or accumulated losses incurred until the system reached the end of its\n prematurity stage as defined in Financial Accounting Standards Board Standard 51 (“FASB 51”)\n less straight-line amortization over a reasonable period not exceeding 15 years that\n commences at the end of the prematurity phase of operation.\n\n (iv) Intangible assets less amortization that reflect the original costs prudently incurred by a cable\n operator in organizing and incorporating a company that provides regulated cable services,\n obtaining a government franchise to provide regulated cable services, or obtaining patents that\n are used and useful in the provision of cable services.\n\n (v) The cost of customer lists if such costs were capitalized during the prematurity phase of\n operations less amortization.\n\n (vi) An amount for working capital to the extent that an allowance or disallowance for funds needed\n to sustain the ongoing operations of the regulated cable service is demonstrated.\n\n\n\n\n47 CFR 76.922(i)(6)(vi) (enhanced display) page 161 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(i)(6)(vii)\nMultichannel Video and Cable Television Service\n\n\n (vii) Other intangible assets to the extent the cable operator demonstrates that the asset reflects\n costs incurred in an activity or transaction that produced concrete benefits or savings for\n subscribers to regulated cable services that would not have been realized otherwise and the\n cable operator demonstrates that a return on such an asset does not exceed the value of such\n a subscriber benefit.\n\n (viii) The portion of the capacity of plant not currently in service that will be placed in service within\n twelve months of the end of the test year.\n\n (7) Deferred income taxes accrued after the date upon which the operator became subject to regulation\n shall be deducted from items included in the ratebase.\n\n (8) Allowable expenses may include the following:\n\n (i) All regular expenses normally incurred by a cable operator in the provision of regulated cable\n service, but not including any lobbying expense, charitable contributions, penalties and fines\n paid on account of violations of statutes or rules, or membership fees in social, service,\n recreational or athletic clubs or organizations.\n\n (ii) Reasonable depreciation expense attributable to tangible assets allowable in the ratebase.\n\n (iii) Reasonable amortization expense for prematurely abandoned tangible assets formerly\n includable in the ratebase that are amortized over the remainder of the original expected life of\n the asset.\n\n (iv) Reasonable amortization expense for start-up losses and capitalized intangible assets that are\n includable in ratebase.\n\n (v) Taxes other than income taxes attributable to the provision of regulated cable services.\n\n (vi) An income tax allowance.\n\n (j) Network upgrade rate increase.\n\n (1) Cable operators that undertake significant network upgrades requiring added capital investment may\n justify an increase in rates for regulated services by demonstrating that the capital investment will\n benefit subscribers, including providing television broadcast programming in a digital format.\n\n (2) A rate increase on account of upgrades shall not be assessed on customers until the upgrade is\n complete and providing benefits to customers of regulated services.\n\n (3) Cable operators seeking an upgrade rate increase have the burden of demonstrating the amount of\n the net increase in costs, taking into account current depreciation expense, likely changes in\n maintenance and other costs, changes in regulated revenues and expected economies of scale.\n\n (4) Cable operators seeking a rate increase for network upgrades shall allocate net cost increases in\n conformance with the cost allocation rules as set forth in § 76.924.\n\n (5) Cable operators that undertake significant upgrades shall be permitted to increase rates by adding\n the benchmark/price cap rate to the rate increment necessary to recover the net increase in cost\n attributable to the upgrade.\n\n (k) Hardship rate relief. A cable operator may adjust charges by an amount specified by the Commission for\n the cable programming service tier or the franchising authority for the basic service tier if it is determined\n that:\n\n47 CFR 76.922(k) (enhanced display) page 162 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.922(k)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Total revenues from cable operations, measured at the highest level of the cable operator's cable\n service organization, will not be sufficient to enable the operator to attract capital or maintain credit\n necessary to enable the operator to continue to provide cable service;\n\n (2) The cable operator has prudent and efficient management; and\n\n (3) Adjusted charges on account of hardship will not result in total charges for regulated cable services\n that are excessive in comparison to charges of similarly situated systems.\n\n (l) Cost of service showing. A cable operator that elects to establish a charge, or to justify an existing or\n changed charge for regulated cable service, based on a cost-of-service showing must submit data to the\n Commission or the franchising authority in accordance with forms established by the Commission. The\n cable operator must also submit any additional information requested by franchising authorities or the\n Commission to resolve questions in cost-of-service proceedings.\n\n (m) Subsequent cost of service charges. No cable operator may use a cost-of-service showing to justify an\n increase in any charge established on a cost-of-service basis for a period of 2 years after that rate takes\n effect, except that the Commission or the franchising authority may waive this prohibition upon a showing\n of unusual circumstances that would create undue hardship for a cable operator.\n\n[58 FR 29753, May 21, 1993]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 76.922, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 76.923 Rates for equipment and installation used to receive the basic service tier.\n (a) Scope.\n\n (1) The equipment regulated under this section consists of all equipment in a subscriber's home,\n provided and maintained by the operator, that is used to receive the basic service tier, regardless of\n whether such equipment is additionally used to receive other tiers of regulated programming service\n and/or unregulated service. Such equipment shall include, but is not limited to:\n\n (i) Converter boxes;\n\n (ii) Remote control units; and\n\n (iii) Inside wiring.\n\n (2) Subscriber charges for such equipment shall not exceed charges based on actual costs in\n accordance with the requirements set forth in this section.\n\n Subscriber charges for such equipment shall not exceed charges based on actual costs in\n accordance with the requirements set forth below.\n\n (b) Unbundling. A cable operator shall establish rates for remote control units, converter boxes, other\n customer equipment, installation, and additional connections separate from rates for basic tier service. In\n addition, the rates for such equipment and installations shall be unbundled one from the other.\n\n (c) Equipment basket. A cable operator shall establish an Equipment Basket, which shall include all costs\n associated with providing customer equipment and installation under this section. Equipment Basket\n costs shall be limited to the direct and indirect material and labor costs of providing, leasing, installing,\n\n47 CFR 76.923(c) (enhanced display) page 163 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.923(c)(1)\nMultichannel Video and Cable Television Service\n\n\n repairing, and servicing customer equipment, as determined in accordance with the cost accounting and\n cost allocation requirements of § 76.924, except that operators do not have to aggregate costs in a\n manner consistent with the accounting practices of the operator on April 3, 1993. The Equipment Basket\n shall not include general administrative overhead including marketing expenses. The Equipment Basket\n shall include a reasonable profit.\n\n (1) Customer equipment. Costs of customer equipment included in the Equipment Basket may be\n aggregated, on a franchise, system, regional, or company level, into broad categories. Except to the\n extent indicated in paragraph (c)(2) of this section, such categorization may be made, provided that\n each category includes only equipment of the same type, regardless of the levels of functionality of\n the equipment within each such broad category. When submitting its equipment costs based on\n average charges, the cable operator must provide a general description of the averaging\n methodology employed and a justification that its averaging methodology produces reasonable\n equipment rates. Equipment rates should be set at the same organizational level at which an\n operator aggregates its costs.\n\n (2) Basic service tier only equipment. Costs of customer equipment used by basic-only subscribers may\n not be aggregated with the costs of equipment used by non-basic-only subscribers. Costs of\n customer equipment used by basic-only subscribers may, however, be aggregated, consistent with\n an operator's aggregation under paragraph (c)(1) of this section, on a franchise, system, regional, or\n company level. The prohibition against aggregation applies to subscribers, not to a particular type of\n equipment. Alternatively, operators may base its basic-only subscriber cost aggregation on the\n assumption that all basic-only subscribers use equipment that is the lowest level and least\n expensive model of equipment offered by the operator, even if some basic-only subscribers actually\n have higher level, more expensive equipment.\n\n (3) Installation costs. Installation costs, consistent with an operator's aggregation under paragraph\n (c)(1) of this section, may be aggregated, on a franchise, system, regional, or company level. When\n submitting its installation costs based on average charges, the cable operator must provide a\n general description of the averaging methodology employed and a justification that its averaging\n methodology produces reasonable equipment rates. Installation rates should be set at the same\n organizational level at which an operator aggregates its costs.\n\n (d) Hourly service charge. A cable operator shall establish charges for equipment and installation using the\n Hourly Service Charge (HSC) methodology. The HSC shall equal the operator's annual Equipment Basket\n costs, excluding the purchase cost of customer equipment, divided by the total person hours involved in\n installing, repairing, and servicing customer equipment during the same period. The HSC is calculated\n according to the following formula:\n\n\n\n\n Where, EB = annual Equipment Basket Cost; CE = annual purchase cost of all customer equipment; and H =\n person hours involved in installing and repairing equipment per year. The purchase cost of customer equipment\n shall include the cable operator's invoice price plus all other costs incurred with respect to the equipment until\n the time it is provided to the customer.\n\n (e) Installation charges. Installation charges shall be either:\n\n (1) The HSC multiplied by the actual time spent on each individual installation; or\n\n\n47 CFR 76.923(e)(1) (enhanced display) page 164 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.923(e)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The HSC multiplied by the average time spent on a specific type of installation.\n\n (f) Remote charges. Monthly charges for rental of a remote control unit shall consist of the average annual\n unit purchase cost of remotes leased, including acquisition price and incidental costs such as sales tax,\n financing and storage up to the time it is provided to the customer, added to the product of the HSC times\n the average number of hours annually repairing or servicing a remote, divided by 12 to determine the\n monthly lease rate for a remote according to the following formula:\n\n\n\n\n Where, HR = average hours repair per year; and UCE = average annual unit cost of remote.\n\n (g) Other equipment charges. The monthly charge for rental of converter boxes and other customer\n equipment shall be calculated in the same manner as for remote control units. Separate charges may be\n established for each category of other customer equipment.\n\n (h) Additional connection charges. The costs of installation and monthly use of additional connections shall\n be recovered as charges associated with the installation and equipment cost categories, and at rate levels\n determined by the actual cost methodology presented in the foregoing paragraphs (e), (f), and (g) of this\n section. An operator may recover additional programming costs and the costs of signal boosters on the\n customers premises, if any, associated with the additional connection as a separate monthly unbundled\n charge for additional connections.\n\n (i) Charges for equipment sold. A cable operator may sell customer premises equipment to a subscriber. The\n equipment price shall recover the operator's cost of the equipment, including costs associated with\n storing and preparing the equipment for sale up to the time it is sold to the customer, plus a reasonable\n profit. An operator may sell service contracts for the maintenance and repair of equipment sold to\n subscribers. The charge for a service contract shall be the HSC times the estimated average number of\n hours for maintenance and repair over the life of the equipment.\n\n (j) Promotions. A cable operator may offer equipment or installation at charges below those determined\n under paragraphs (e) through (g) of this section, as long as those offerings are reasonable in scope in\n relation to the operator's overall offerings in the Equipment Basket and not unreasonably discriminatory.\n Operators may not recover the cost of a promotional offering by increasing charges for other Equipment\n Basket elements, or by increasing programming service rates above the maximum monthly charge per\n subscriber prescribed by these rules. As part of a general cost-of-service showing, an operator may\n include the cost of promotions in its general system overhead costs. Equipment sales by an operator will\n be unregulated where the operator offers subscribers the same equipment under regulated leased rates.\n\n (k) Franchise fees. Equipment charges may include a properly allocated portion of franchise fees.\n\n (l) Company-wide averaging of equipment costs. For the purpose of developing unbundled equipment\n charges as required by paragraph (b) of this section, a cable operator may average the equipment costs of\n its small systems at any level, or several levels, within its operations. This company-wide averaging\n applies only to an operator's small systems as defined in § 76.901(c); is permitted only for equipment\n charges, not installation charges; and may be established only for similar types of equipment. When\n submitting its equipment costs based on average charges to the local franchising authority or the\n Commission, an operator that elects company-wide averaging of equipment costs must provide a general\n description of the averaging methodology employed and a justification that its averaging methodology\n\n\n47 CFR 76.923(l) (enhanced display) page 165 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.923(m)\nMultichannel Video and Cable Television Service\n\n\n produces reasonable equipment rates. The local authority or the Commission may require the operator to\n set equipment rates based on the operator's level of averaging in effect on April 3, 1993, as required by §\n 76.924(d).\n\n (m) Cable operators shall set charges for equipment and installations to recover Equipment Basket costs.\n Such charges shall be set, consistent with the level at which Equipment Basket costs are aggregated as\n provided in § 76.923(c). Cable operators shall maintain adequate documentation to demonstrate that\n charges for the sale and lease of equipment and for installations have been developed in accordance with\n the rules set forth in this section.\n\n (n) Timing of filings. An operator shall file FCC Form 1205 in order to establish its maximum permitted rates\n at the following times:\n\n (1) When the operator sets its initial rates under either the benchmark system or through a cost-of-\n service showing;\n\n (2) Within 60 days of the end of its fiscal year, for an operator that adjusts its rates under the system\n described in Section 76.922(d) that allows it to file up to quarterly;\n\n (3) On the same date it files its FCC Form 1240, for an operator that adjusts its rates under the annual\n rate adjustment system described in Section 76.922(e). If an operator elects not to file an FCC Form\n 1240 for a particular year, the operator must file a Form 1205 on the anniversary date of its last Form\n 1205 filing; and\n\n (4) When seeking to adjust its rates to reflect the offering of new types of customer equipment other\n than in conjunction with an annual filing of Form 1205, 60 days before it seeks to adjust its rates to\n reflect the offering of new types of customer equipment.\n\n (o) Introduction of new equipment. In setting the permitted charge for a new type of equipment at a time other\n than at its annual filing, an operator shall only complete Schedule C and the relevant step of the\n Worksheet for Calculating Permitted Equipment and Installation Charges of a Form 1205. The operator\n shall rely on entries from its most recently filed FCC Form 1205 for information not specifically related to\n the new equipment, including but not limited to the Hourly Service Charge. In calculating the annual\n maintenance and service hours for the new equipment, the operator should base its entry on the average\n annual expected time required to maintain the unit, i.e., expected service hours required over the life of the\n equipment unit being introduced divided by the equipment unit's expected life.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17960, 17973, Apr. 15, 1994; 60 FR 52118, Oct. 5, 1995; 61 FR 32709, June 25,\n1996; 83 FR 60776, Nov. 27, 2018]\n\n\n§ 76.924 Allocation to service cost categories.\n (a) Applicability. The requirements of this section are applicable to cable operators for which the basic\n service tier is regulated by local franchising authorities or the Commission, or, with respect to a cable\n programming services tier, for which a complaint has been filed with the Commission. The requirements\n of this section are applicable for purposes of rate adjustments on account of external costs and for cost-\n of-service showings.\n\n (b) Accounting requirements. Cable operators electing cost-of-service regulation or seeking rate adjustments\n due to changes in external costs shall maintain their accounts:\n\n (1) in accordance with generally accepted accounting principles; and\n\n47 CFR 76.924(b)(1) (enhanced display) page 166 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(b)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) in a manner that will enable identification of appropriate investments, revenues, and expenses.\n\n (c) Accounts level. Except to the extent indicated below, cable operators electing cost of service regulation or\n seeking adjustments due to changes in external costs shall identify investments, expenses and revenues\n at the franchise, system, regional, and/or company level(s) in a manner consistent with the accounting\n practices of the operator on April 3, 1993. However, in all events, cable operators shall identify at the\n franchise level their costs of franchise requirements, franchise fees, local taxes and local programming.\n\n (d) Summary accounts.\n\n (1) Cable operators filing for cost-of-service regulation, other than small systems owned by small cable\n companies, shall report all investments, expenses, and revenue and income adjustments accounted\n for at the franchise, system, regional and/or company level(s) to the summary accounts listed below.\n\n\n Ratebase\n Net Working Capital\n\n Headend\n\n Trunk and Distribution Facilities\n\n Drops\n\n Customer Premises Equipment\n\n Construction/Maintenance Facilities and Equipment\n\n Programming Production Facilities and Equipment\n\n Business Offices Facilities and Equipment\n\n Other Tangible Assets\n\n Accumulated Depreciation\n\n Plant Under Construction\n\n Organization and Franchise Costs\n\n Subscriber Lists\n\n Capitalized Start-up Losses\n\n Goodwill\n\n Other Intangibles\n\n\n\n47 CFR 76.924(d)(1) (enhanced display) page 167 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(d)(1)\nMultichannel Video and Cable Television Service\n\n\n Accumulated Amortization\n\n Deferred Taxes\n\n\n Operating Expenses\n Cable Plant Employee Payroll\n\n Cable Plant Power Expense\n\n Pole Rental, Duct, Other Rental for Cable Plant\n\n Cable Plant Depreciation Expense\n\n Cable Plant Expenses—Other\n\n Plant Support Employee Payroll Expense\n\n Plant Support Depreciation Expense\n\n Plant Support Expense—Other\n\n Programming Activities Employee Payroll\n\n Programming Acquisition Expense\n\n Programming Activities Depreciation Expense\n\n Programming Expense—Other\n\n Customer Services Expense\n\n Advertising Activities Expense\n\n Management Fees\n\n General and Administrative Expenses\n\n Selling General and Administrative Depreciation Expenses\n\n Selling General and Administrative Expenses—Other\n\n Amortization Expense—Franchise and Organizational Costs\n\n Amortization Expense—Customer Lists\n\n\n\n47 CFR 76.924(d)(1) (enhanced display) page 168 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(d)(2)\nMultichannel Video and Cable Television Service\n\n\n Amortization Expense—Capitalized Start-up Loss\n\n Amortization Expense—Goodwill\n\n Amortization Expense—Other Intangibles\n\n Operating Taxes\n\n Other Expenses (Excluding Franchise Fees)\n\n Franchise Fees\n\n Interest on Funded Debt\n\n Interest on Capital Leases\n\n Other Interest Expenses\n\n\n Revenue and Income Adjustments\n Advertising Revenues\n\n Other Cable Revenue Offsets\n\n Gains and Losses on Sale of Assets\n\n Extraordinary Items\n\n Other Adjustments\n\n (2) Except as provided in § 76.934(h), small systems owned by small cable companies that file for cost-\n of-service regulation shall report all investments, expenses, and revenue and income adjustments\n accounted for at the franchise, system, regional and/or company level(s) to the following summary\n accounts:\n\n\n Ratebase\n Net Working Capital\n\n Headend, Trunk and Distribution System and Support Facilities and Equipment\n\n Drops\n\n Customer Premises Equipment\n\n Production and Office Facilities, Furniture and Equipment\n\n\n47 CFR 76.924(d)(2) (enhanced display) page 169 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(d)(2)\nMultichannel Video and Cable Television Service\n\n\n Other Tangible Assets\n\n Accumulated Depreciation\n\n Plant Under Construction\n\n Goodwill\n\n Other Intangibles\n\n Accumulated Amortization\n\n Deferred Taxes\n\n\n Operating Expenses\n Cable Plant Maintenance, Support and Operations Expense\n\n Programming Production and Acquisition Expense\n\n Customer Services Expense\n\n Advertising Activities Expense\n\n Management Fees\n\n Selling, General and Administrative Expenses\n\n Depreciation Expense\n\n Amortization Expense—Goodwill\n\n Amortization Expense—Other Intangibles\n\n Other Operating Expense (Excluding Franchise Fees)\n\n Franchise Fees\n\n Interest Expense\n\n\n Revenue and Income Adjustments\n Advertising Revenues\n\n Other Cable Revenue Offsets\n\n Gains and Losses on Sale of Assets\n47 CFR 76.924(d)(2) (enhanced display) page 170 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(e)\nMultichannel Video and Cable Television Service\n\n\n Extraordinary Items\n\n Other Adjustments\n\n (e) Allocation to service cost categories.\n\n (1) For cable operators electing cost-of-service regulation, investments, expenses, and revenues\n contained in the summary accounts identified in paragraph (d) of this section shall be allocated\n among the Equipment Basket, as specified in § 76.923, and the following service cost categories:\n\n (i) Basic service cost category. The basic service category, shall include the cost of providing\n basic service as defined by § 76.901(a). The basic service cost category may only include\n allowable costs as defined by §§ 76.922(g) through 76.922(k).\n\n (ii) Cable programming services cost category. The cable programming services category shall\n include the cost of providing cable programming services as defined by § 76.901(b). This\n service cost category shall contain subcategories that represent each programming tier that is\n offered as a part of the operator's cable programming services. All costs that are allocated to\n the cable programming service cost cateogry shall be further allocated among the\n programming tiers in this category. The cable programming service cost category may include\n only allowable costs as defined in § 76.922(g) through 76.922(k).\n\n (iii) All other services cost category. The all other services cost category shall include the costs of\n providing all other services that are not included the basic service or a cable programming\n services cost categories as defined in paragraphs (e)(1)(i) and (ii) of this section.\n\n (2) Cable operators seeking an adjustment due to changes in external costs identified in FCC Form 1210\n shall allocate such costs among the equipment basket, as specified in § 76.923, and the following\n service cost categories:\n\n (i) The basic service category as defined by paragraph (e)(1)(i) of this section;\n\n (ii) The cable programming services category as defined by paragraph (e)(1)(ii) of this section;\n\n (iii) The all other services cost category as defined by paragraph (e)(1)(iii) of this section.\n\n (f) Cost allocation requirements.\n\n (1) Allocations of investments, expenses and revenues among the service cost categories and the\n equipment basket shall be made at the organizational level in which such costs and revenues have\n been identified for accounting purposes pursuant to § 76.924(c).\n\n (2) Costs of programming and retransmission consent fees shall be directly assigned or allocated only\n to the service cost category in which the programming or broadcast signal at issue is offered.\n\n (3) Costs of franchise fees shall be allocated among the equipment basket and the service cost\n categories in a manner that is most consistent with the methodology of assessment of franchise\n fees by local authorities.\n\n (4) Costs of public, educational, and governmental access channels carried on the basic tier shall be\n directly assigned to the basic tier where possible.\n\n (5) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. 159 shall be\n directly assigned to the basic service tier.\n\n47 CFR 76.924(f)(5) (enhanced display) page 171 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(f)(6)\nMultichannel Video and Cable Television Service\n\n\n (6) All other costs that are incurred exclusively to support the equipment basket or a specific service\n cost category shall be directly assigned to that service cost category or the equipment basket where\n possible.\n\n (7) Costs that are not directly assigned shall be allocated to the service cost categories in accordance\n with the following allocation procedures:\n\n (i) Wherever possible, common costs for which no allocator has been specified by the\n Commission are to be allocated among the service cost categories and the equipment basket\n based on direct analysis of the origin of the costs.\n\n (ii) Where allocation based on direct analysis is not possible, common costs for which no allocator\n has been specified by the Commission shall, if possible, be allocated among the service costs\n categories and the equipment basket based on indirect, cost-causative linkage to other costs\n directly assigned or allocated to the service cost categories and the equipment basket.\n\n (iii) Where neither direct nor indirect measures of cost allocation can be found, common costs shall\n be allocated to each service cost category based on the ratio of all other costs directly\n assigned and attributed to a service cost category over total costs directly or indirectly\n assigned and directly or indirectly attributable.\n\n (g) Cost identification at the franchise level. After costs have been directly assigned to and allocated among\n the service cost categories and the equipment basket, cable operators that have aggregated costs at a\n higher level than the franchise level must identify all applicable costs at the franchise level in the following\n manner:\n\n (1) Recoverable costs that have been identified at the highest organizational level at which costs have\n been identified shall be allocated to the next (lower) organizational level at which recoverable costs\n have been identified on the basis of the ratio of the total number of subscribers served at the lower\n level to the total number of subscribers served at the higher level.\n\n (2) Cable operators shall repeat the procedure specified in paragraph (g)(1) of this section at every\n organizational level at which recoverable costs have been identified until such costs have been\n allocated to the franchise level.\n\n (h) Part-time channels. In situations where a single channel is divided on a part-time basis and is used to\n deliver service associated with different tiers or with pay per channel or pay per view service, a reasonable\n and documented allocation of that channel between services shall be required along with the associated\n revenues and costs.\n\n (i) Transactions and affiliates. Adjustments on account of external costs and rates set on a cost-of-service\n basis shall exclude any amounts not calculated in accordance with the following:\n\n (1) Charges for assets purchased by or transferred to the regulated activity of a cable operator from\n affiliates shall equal the invoice price if that price is determined by a prevailing company price. The\n invoice price is the prevailing company price if the affiliate has sold a substantial number of like\n assets to nonaffiliates. If a prevailing company price for the assets received by the regulated activity\n is not available, the changes for such assets shall be the lower of their cost to the originating activity\n of the affiliated group less all applicable valuation reserves, or their fair market value.\n\n\n\n\n47 CFR 76.924(i)(1) (enhanced display) page 172 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.924(i)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The proceeds from assets sold or transferred from the regulated activity of the cable operator to\n affiliates shall equal the prevailing company price if the cable operator has sold a substantial number\n of like assets to nonaffiliates. If a prevailing company price is not available, the proceeds from such\n sales shall be determined at the higher of cost less all applicable valuation reserves, or estimated\n fair market value of the asset.\n\n (3) Charges for services provided to the regulated activity of a cable operator by an affiliate shall equal\n the invoice price if that price is determined by a prevailing company price. The invoice price is the\n prevailing company price if the affiliate has sold like services to a substantial number of\n nonaffiliates. If a prevailing company price for the services received by the regulated activity is not\n available, the charges of such services shall be at cost.\n\n (4) The proceeds from services sold or transferred from the regulated activity of the cable operator to\n affiliates shall equal the prevailing company price if the cable operator has sold like services to a\n substantial number of nonaffiliates. If a prevailing company price is not available, the proceeds from\n such sales shall be determined at cost.\n\n (5) For purposes of § 76.924(i)(1) through 76.924(i)(4), costs shall be determined in accordance with\n the standards and procedures specified in § 76.922 and paragraphs (b) and (d) of this section.\n\n (6) For purposes of this section, entities are affiliated if either entity has an attributable interest in the\n other or if a third party has an attributable interest in both entities.\n\n (7) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to §\n 76.501 provided, however, that:\n\n (i) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and\n\n (ii) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or\n nonvoting stock or limited partnership equity interests of five (5) percent or more.\n\n (j) Unrelated expenses and revenues. Cable operators shall exclude from cost categories used to develop\n rates for the provision of regulated cable service, equipment, and leased commercial access, any direct or\n indirect expenses and revenues not related to the provision of such services. Common costs of providing\n regulated cable service, equipment, and leased commercial access and unrelated activities shall be\n allocated between them in accordance with paragraph (f) of this section.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17990, Apr. 15, 1994; 59 FR 53115, Oct. 21, 1994; 60 FR 35865, July 12, 1995;\n61 FR 9367, Mar. 8, 1996; 64 FR 67197, Dec. 1, 1999]\n\n\n§ 76.925 Costs of franchise requirements.\n (a) Franchise requirement costs may include cost increases required by the franchising authority in the\n following categories:\n\n (1) Costs of providing PEG access channels;\n\n (2) Costs of PEG access programming;\n\n (3) Costs of technical and customer service standards to the extent that they exceed federal standards;\n\n (4) Costs of institutional networks and the provision of video services, voice transmissions and data\n transmissions to or from governmental institutions and educational institutions, including private\n schools, to the extent such services are required by the franchise agreement; and\n\n47 CFR 76.925(a)(4) (enhanced display) page 173 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.925(a)(5)\nMultichannel Video and Cable Television Service\n\n\n (5) When the operator is not already in the process of upgrading the system, costs of removing cable\n from utility poles and placing the same cable underground.\n\n (b) The costs of satisfying franchise requirements to support public, educational, and governmental channels\n shall consist of the sum of:\n\n (1) All per channel costs for the number of channels used to meet franchise requirements for public,\n educational, and governmental channels;\n\n (2) Any direct costs of meeting such franchise requirements; and\n\n (3) A reasonable allocation of general and administrative overhead.\n\n (c) The costs of satisfying any requirements under the franchise other than PEG access costs shall consist of\n the direct and indirect costs including a reasonable allocation of general and administrative overhead.\n\n[58 FR 29753, May 21, 1993, as amended at 60 FR 52119, Oct. 5, 1995]\n\n\n§ 76.930 Initiation of review of basic cable service and equipment rates.\nA cable operator shall file its schedule of rates for the basic service tier and associated equipment with a\nfranchising authority within 30 days of receiving written notification from the franchising authority that the\nfranchising authority has been certified by the Commission to regulate rates for the basic service tier. Basic service\nand equipment rate schedule filings for existing rates or proposed rate increases (including increases in the\nbaseline channel change that results from reductions in the number of channels in a tier) must use the appropriate\nofficial FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form, a\ncopy thereof, or a copy generated by FCC software, may result in the imposition of sanctions specified in §\n76.937(d). A cable operator shall include rate cards and channel line-ups with its filing and include an explanation of\nany discrepancy in the figures provided in these documents and its rate filing.\n\n[59 FR 17973, Apr. 15, 1994]\n\n\n§ 76.933 Franchising authority review of basic cable rates and equipment costs.\n (a) After a cable operator has submitted for review its existing rates for the basic service tier and associated\n equipment costs, or a proposed increase in these rates (including increases in the baseline channel\n change that results from reductions in the number of channels in a tier) under the quarterly rate\n adjustment system pursuant to Section 76.922(d), the existing rates will remain in effect or the proposed\n rates will become effective after 30 days from the date of submission; Provided, however, that the\n franchising authority may toll this 30-day deadline for an additional time by issuing a brief written order as\n described in paragraph (b) within 30 days of the rate submission explaining that it needs additional time\n to review the rates.\n\n (b) If the franchising authority is unable to determine, based upon the material submitted by the cable\n operator, that the existing, or proposed rates under the quarterly adjustment system pursuant to Section\n 76.922(d), are within the Commission's permitted basic service tier charge or actual cost of equipment as\n defined in §§ 76.922 and 76.923, or if a cable operator has submitted a cost-of-service showing pursuant\n §§ 76.937(c) and 76.924, seeking to justify a rate above the Commission's basic service tier charge as\n defined in §§ 76.922 and 76.923, the franchising authority may toll the 30-day deadline in paragraph (a) of\n this section to request and/or consider additional information or to consider the comments from\n interested parties as follows:\n\n47 CFR 76.933(b) (enhanced display) page 174 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.933(b)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) For an additional 90 days in cases not involving cost-of-service showings; or\n\n (2) For an additional 150 days in cases involving cost-of-service showings.\n\n (c) If a franchising authority has availed itself of the additional 90 or 150 days permitted in paragraph (b) of\n this section, and has taken no action within these additional time periods, then the proposed rates will go\n into effect at the end of the 90 or 150 day periods, or existing rates will remain in effect at such times,\n subject to refunds if the franchising authority subsequently issues a written decision disapproving any\n portion of such rates: Provided, however, That in order to order refunds, a franchising authority must have\n issued a brief written order to the cable operator by the end of the 90 or 150-day period permitted in\n paragraph (b) of this section directing the operator to keep an accurate account of all amounts received\n by reason of the rate in issue and on whose behalf such amounts were paid.\n\n (d) A franchising authority may request, pursuant to a petition for special relief under § 76.7, that the\n Commission examine a cable operator's cost-of-service showing, submitted to the franchising authority\n as justification of basic tier rates, within 30 days of receipt of a cost-of-service showing. In its petition, the\n franchising authority shall document its reasons for seeking Commission assistance. The franchising\n authority shall issue an order stating that it is seeking Commission assistance and serve a copy before\n the 30-day deadline on the cable operator submitting the cost showing. The cable operator shall deliver a\n copy of the cost showing, together with all relevant attachments, to the Commission within 15 days of\n receipt of the local authority's notice to seek Commission assistance. The Commission shall notify the\n local franchising authority and the cable operator of its ruling and of the basic tier rate, as established by\n the Commission. The rate shall take effect upon implementation by the franchising authority of such\n ruling and refund liability shall be governed thereon. The Commission's ruling shall be binding on the\n franchising authority and the cable operator. A cable operator or franchising authority may seek\n reconsideration of the ruling pursuant to § 1.106(a)(1) of this chapter or review by the Commission\n pursuant to § 1.115(a) of this chapter.\n\n (e) Notwithstanding paragraphs (a) through (d) of this section, when the franchising authority is regulating\n basic service tier rates, a cable operator that sets its rates pursuant to the quarterly rate adjustment\n system pursuant to § 76.922(d) may increase its rates for basic service to reflect the imposition of, or\n increase in, franchise fees or Commission cable television system regulatory fees imposed pursuant to 47\n U.S.C. 159. For the purposes of paragraphs (a) through (c) of this section, the increased rate attributable\n to Commission regulatory fees or franchise fees shall be treated as an “existing rate”, subject to\n subsequent review and refund if the franchising authority determines that the increase in basic tier rates\n exceeds the increase in regulatory fees or in franchise fees allocable to the basic tier. This determination\n shall be appealable to the Commission pursuant to § 76.944. When the Commission is regulating basic\n service tier rates pursuant to § 76.945 or cable programming service rates pursuant to § 76.960, an\n increase in those rates resulting from franchise fees or Commission regulatory fees shall be reviewed by\n the Commission pursuant to the mechanisms set forth in § 76.945. A cable operator must adjust its rates\n to reflect decreases in franchise fees or Commission regulatory fees within the periods set forth in §\n 76.922(d)(3)(i),(iii).\n\n (f) For an operator that sets its rates pursuant to the quarterly rate adjustment system pursuant to Section\n 76.922(d), cable television system regulatory fees assessed by the Commission pursuant to 47 U.S.C. §\n 159 shall be recovered in monthly installments during the fiscal year following the year for which the\n payment was imposed. Payments shall be collected in equal monthly installments, except that for so\n many months as may be necessary to avoid fractional payments, an additional $0.01 payment per month\n may be collected. All such additional payments shall be collected in the last month or months of the fiscal\n\n\n47 CFR 76.933(f) (enhanced display) page 175 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.933(g)\nMultichannel Video and Cable Television Service\n\n\n year, so that once collections of such payments begin there shall be no month remaining in the year in\n which the operator is not entitled to such an additional payment. Operators may not assess interest.\n Operators may provide notice of the entire fiscal year's regulatory fee pass-through in a single notice.\n\n (g) A cable operator that submits for review a proposed change in its existing rates for the basic service tier\n and associated equipment costs using the annual filing system pursuant to Section 76.922(e) shall do so\n no later than 90 days from the effective date of the proposed rates. The franchising authority will have 90\n days from the date of the filing to review it. However, if the franchising authority or its designee concludes\n that the operator has submitted a facially incomplete filing, the franchising authority's deadline for issuing\n a decision, the date on which rates may go into effect if no decision is issued, and the period for which\n refunds are payable will be tolled while the franchising authority is waiting for this information, provided\n that, in order to toll these effective dates, the franchising authority or its designee must notify the operator\n of the incomplete filing within 45 days of the date the filing is made.\n\n (1) If there is a material change in an operator's circumstances during the 90-day review period and the\n change affects the operator's rate change filing, the operator may file an amendment to its Form\n 1240 prior to the end of the 90-day review period. If the operator files such an amendment, the\n franchising authority will have at least 30 days to review the filing. Therefore, if the amendment is\n filed more than 60 days after the operator made its initial filing, the operator's proposed rate change\n may not go into effect any earlier than 30 days after the filing of its amendment. However, if the\n operator files its amended application on or prior to the sixtieth day of the 90-day review period, the\n operator may implement its proposed rate adjustment, as modified by the amendment, 90 days after\n its initial filing.\n\n (2) If a franchising authority has taken no action within the 90-day review period, then the proposed rates\n may go into effect at the end of the review period, subject to a prospective rate reduction and refund\n if the franchising authority subsequently issues a written decision disapproving any portion of such\n rates, provided, however, that in order to order a prospective rate reduction and refund, if an operator\n inquires as to whether the franchising authority intends to issue a rate order after the initial review\n period, the franchising authority or its designee must notify the operator of its intent in this regard\n within 15 days of the operator's inquiry. If a proposed rate goes into effect before the franchising\n authority issues its rate order, the franchising authority will have 12 months from the date the\n operator filed for the rate adjustment to issue its rate order. In the event that the franchising authority\n does not act within this 12-month period, it may not at a later date order a refund or a prospective\n rate reduction with respect to the rate filing.\n\n (3) At the time an operator files its rates with the franchising authority, the operator may give customers\n notice of the proposed rate changes. Such notice should state that the proposed rate change is\n subject to approval by the franchising authority. If the operator is only permitted a smaller increase\n than was provided for in the notice, the operator must provide an explanation to subscribers on the\n bill in which the rate adjustment is implemented. If the operator is not permitted to implement any of\n the rate increase that was provided for in the notice, the operator must provide an explanation to\n subscribers within 60 days of the date of the franchising authority's decision. Additional advance\n notice is only required in the unlikely event that the rate exceeds the previously noticed rate.\n\n (4) If an operator files for a rate adjustment under Section 76.922(e)(2)(iii)(B) for the addition of required\n channels to the basic service tier that the operator is required by federal or local law to carry, or, if a\n single-tier operator files for a rate adjustment based on a mid-year channel addition allowed under\n Section 76.922(e)(2)(iii)(C), the franchising authority has 60 days to review the requested rate. The\n proposed rate shall take effect at the end of this 60-day period unless the franchising authority\n\n47 CFR 76.933(g)(4) (enhanced display) page 176 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.933(g)(5)\nMultichannel Video and Cable Television Service\n\n\n rejects the proposed rate as unreasonable. In order to order refunds and prospective rate reductions,\n the franchising authority shall be subject to the requirements described in paragraph (g)(1) of this\n section.\n\n (5) Notwithstanding paragraphs (a) through (f) of this section, when the franchising authority is\n regulating basic service tier rates, a cable operator may increase its rates for basic service to reflect\n the imposition of, or increase in, franchise fees. The increased rate attributable to Commission\n regulatory fees or franchise fees shall be subject to subsequent review and refund if the franchising\n authority determines that the increase in basic tier rates exceeds the increase in regulatory fees or in\n franchise fees allocable to the basic tier. This determination shall be appealable to the Commission\n pursuant to § 76.944. When the Commission is regulating basic service tier rates pursuant to §\n 76.945 or cable programming service rates pursuant to § 76.960, an increase in those rates resulting\n from franchise fees or Commission regulatory fees shall be reviewed by the Commission pursuant to\n the mechanisms set forth in § 76.945.\n\n (h) If an operator files an FCC Form 1205 for the purpose of setting the rate for a new type of equipment\n under Section 76.923(o), the franchising authority has 60 days to review the requested rate. The proposed\n rate shall take effect at the end of this 60-day period unless the franchising authority rejects the proposed\n rate as unreasonable.\n\n (1) If the operator's most recent rate filing was based on the system that enables them to file up to once\n per quarter found at Section 76.922(d), the franchising authority must issue an accounting order\n before the end of the 60-day period in order to order refunds and prospective rate reductions.\n\n (2) If the operator's most recent rate filing was based on the annual rate system at Section 76.922(e), in\n order to order refunds and prospective rate reductions, the franchising authority shall be subject to\n the requirements described in paragraph (g)(1) of this section.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17973, Apr. 15, 1994; 59 FR 53115, Oct. 21, 1994; 60 FR 52119, Oct. 5, 1995; 61\nFR 18978, Apr. 30, 1996]\n\n\n§ 76.934 Small systems and small cable companies.\n (a) For purposes of rules governing the reasonableness of rates charged by small systems, the size of a\n system or company shall be determined by reference to its size as of the date the system files with its\n franchising authority or the Commission the documentation necessary to qualify for the relief sought or,\n at the option of the company, by reference to system or company size as of the effective date of this\n paragraph. Where relief is dependent upon the size of both the system and the company, the operator\n must measure the size of both the system and the company as of the same date. A small system shall be\n considered affiliated with a cable company if the company holds a 20 percent or greater equity interest in\n the system or exercises de jure control over the system.\n\n (b) A franchising authority that has been certified, pursuant to § 76.910, to regulate rates for basic service\n and associated equipment may permit a small system as defined in § 76.901 to certify that the small\n system's rates for basic service and associated equipment comply with § 76.922, the Commission's\n substantive rate regulations.\n\n (c) Initial regulation of small systems:\n\n\n\n\n47 CFR 76.934(c) (enhanced display) page 177 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.934(c)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) If certified by the Commission, a local franchising authority may provide an initial notice of regulation\n to a small system, as defined by § 76.901(c), on May 15, 1994. Any initial notice of regulation issued\n by a certified local franchising authority prior to May 15, 1994 shall be considered as having been\n issued on May 15, 1994.\n\n (2) The Commission will accept complaints concerning the rates for cable programming service tiers\n provided by small systems on or after May 15, 1994. Any complaints filed with the Commission\n about the rates for a cable programming service tier provided by a small system prior to May 15,\n 1994 shall be considered as having been filed on May 15, 1994.\n\n (3) A small system that receives an initial notice of regulation from its local franchising authority, or a\n complaint filed with the Commission for its cable programming service tier, must respond within the\n time periods prescribed in §§ 76.930 and 76.956.\n\n (d) Statutory period for filing initial complaint: A complaint concerning a rate for cable programming service\n or associated equipment provided by a small system that was in effect on May 15, 1994 must be filed\n within 180 days from May 15, 1994.\n\n (e) Petitions for extension of time: Small systems may obtain an extension of time to establish compliance\n with rate regulations provided they can demonstrate that timely compliance would result in severe\n economic hardship. Requests for extension of time should be addressed to the local franchising authority\n concerning basic service and equipment rates and to the Commission concerning rates for a cable\n programming service tier and associated equipment. The filing of a request for an extension of time to\n comply with the rate regulations will not toll the effective date of rate regulation for small systems or alter\n refund liability for rates that exceed permitted levels after May 15, 1994.\n\n (f) Small Systems Owned by Small Cable Companies. Small systems owned by small cable companies shall\n have 90 days from their initial date of regulation on a tier to bring their rates for that tier into compliance\n with the requirements of Sections 76.922 and 76.923. Such systems shall have sixty days from the initial\n date of regulation to file FCC Forms 1200, 1205, 1210, 1211, 1215, 1220, 1225, 1230, and 1240 and any\n similar forms as appropriate. Rates established during the 90-day period shall not be subject to prior\n approval by franchising authorities or the Commission, but shall be subject to refund pursuant to sections\n 76.942 and 76.961.\n\n (g) Alternative rate regulation agreements:\n\n (1) Local franchising authorities, certified pursuant to § 76.910, and small systems owned by small\n cable companies may enter into alternative rate regulation agreements affecting the basic service\n tier and the cable programming service tier.\n\n (i) Small systems must file with the Commission a copy of the operative alternative rate regulation\n agreement within 30 days after its effective date.\n\n (ii) [Reserved]\n\n (2) Alternative rate regulation agreements affecting the cable programming service tier shall take into\n account, among other factors, the following:\n\n (i) The rates for similarly situated cable systems offering comparable cable programming services,\n taking into account similarities in facilities, regulatory and governmental costs, the number of\n subscribers, and other relevant factors;\n\n (ii) The rates for cable systems, if any, that are subject to effective competition;\n\n47 CFR 76.934(g)(2)(ii) (enhanced display) page 178 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.934(g)(2)(iii)\nMultichannel Video and Cable Television Service\n\n\n (iii) The history of the rates for cable programming services of the system, including the\n relationship of such rates to changes in general consumer prices;\n\n (iv) The rates, as a whole, for all the cable programming, cable equipment, and cable services\n provided by the system, other than programming provided on a per channel or per program\n basis;\n\n (v) Capital and operating costs of the cable system, including the quality and costs of the customer\n service provided by the cable system; and\n\n (vi) The revenues received by a cable operator from advertising from programming that is carried\n as part of the service for which a rate is being established, and changes in such revenues, or\n from other considerations obtained in connection with the cable programming services\n concerned. The rate agreed to in such an alternative rate regulation agreement shall be deemed\n to be a reasonable rate.\n\n (3) Certified local franchising authorities shall provide a reasonable opportunity for consideration of the\n views of interested parties prior to finally entering into an alternative rate regulation agreement.\n\n (4) A basic service rate decision by a certified local franchising authority made pursuant to an alternative\n rate regulation agreement may be appealed by an interested party to the Commission pursuant to §\n 76.944 as if the decision were made according to §§ 76.922 and 76.923.\n\n\n Note to paragraph (g) of § 76.934: Small systems owned by small cable companies must\n comply with the alternative rate agreement filing requirements of § 76.1805.\n\n (h) Small system cost-of-service showings:\n\n (1) At any time, a small system owned by a small cable company may establish new rates, or justify\n existing rates, for regulated program services in accordance with the small cable company cost-of-\n service methodology described below.\n\n (2) The maximum annual per subscriber rate permitted initially by the small cable company cost-of-\n service methodology shall be calculated by adding\n\n (i) The system's annual operating expenses to\n\n (ii) The product of its net rate base and its rate of return, and then dividing that sum by\n\n (iii) the product of\n\n (A) The total number of channels carried on the system's basic and cable programming\n service tiers and\n\n (B) The number of subscribers. The annual rate so calculated must then be divided by 12 to\n arrive at a monthly rate.\n\n (3) The system shall calculate its maximum permitted rate as described in paragraph (b) of this section\n by completing Form 1230. The system shall file Form 1230 as follows:\n\n (i) Where the franchising authority has been certified by the Commission to regulate the system's\n basic service tier rates, the system shall file Form 1230 with the franchising authority.\n\n\n\n47 CFR 76.934(h)(3)(i) (enhanced display) page 179 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.934(h)(3)(ii)\nMultichannel Video and Cable Television Service\n\n\n (ii) Where the Commission is regulating the system's basic service tier rates, the system shall file\n Form 1230 with the Commission.\n\n (iii) Where a complaint about the system's cable programming service rates is filed with the\n Commission, the system shall file Form 1230 with the Commission.\n\n (4) In completing Form 1230:\n\n (i) The annual operating expenses reported by the system shall equal the system's operating\n expenses allocable to its basic and cable programming service tiers for the most recent 12\n month period for which the system has the relevant data readily available, adjusted for known\n and measurable changes occurring between the end of the 12 month period and the effective\n date of the rate. Expenses shall include all regular expenses normally incurred by a cable\n operator in the provision of regulated cable service, but shall not include any lobbying expense,\n charitable contributions, penalties and fines paid one account of statutes or rules, or\n membership fees in social service, recreational or athletic clubs or associations.\n\n (ii) The net rate base of a system is the value of all of the system's assets, less depreciation.\n\n (iii) The rate of return claimed by the system shall reflect the operator's actual cost of debt, its cost\n of equity, or an assumed cost of equity, and its capital structure, or an assumed capital\n structure.\n\n (iv) The number of subscribers reported by the system shall be calculated according to the most\n recent reliable data maintained by the system.\n\n (v) The number of channels reported by the system shall be the number of channels it has on its\n basic and cable programming service tiers on the day it files Form 1230.\n\n (vi) In establishing its operating expenses, net rate base, and reasonable rate of return, a system\n may rely on previously existing information such as tax forms or company financial statements,\n rather than create or recreate financial calculations. To the extent existing information is\n incomplete or otherwise insufficient to make exact calculations, the system may establish its\n operating expenses, net rate base, and reasonable rate of return on the basis of reasonable,\n good faith estimates.\n\n (5) After the system files Form 1230, review by the franchising authority, or the Commission when\n appropriate, shall be governed by § 76.933, subject to the following conditions.\n\n (i) If the maximum rate established on Form 1230 does not exceed $1.24 per channel, the rate\n shall be rebuttably presumed reasonable. To disallow such a rate, the franchising authority shall\n bear the burden of showing that the operator did not reasonably interpret and allocate its cost\n and expense data in deriving its annual operating expenses, its net rate base, and a reasonable\n rate of return. If the maximum rate established on Form 1230 exceeds $1.24 per channel, the\n franchising authority shall bear such burden only if the rate that the cable operator actually\n seeks to charge does not exceed $1.24 per channel.\n\n (ii) In the course of reviewing Form 1230, a franchising authority shall be permitted to obtain from\n the cable operator the information necessary for judging the validity of methods used for\n calculating its operating costs, rate base, and rate of return. If the maximum rate established in\n Form 1230 does not exceed $1.24 per channel, any request for information by the franchising\n\n\n\n47 CFR 76.934(h)(5)(ii) (enhanced display) page 180 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.934(h)(5)(iii)\nMultichannel Video and Cable Television Service\n\n\n authority shall be limited to existing relevant documents or other data compilations and should\n not require the operator to create documents, although the operator should replicate responsive\n documents that are missing or destroyed.\n\n (iii) A system may file with the Media Bureau an interlocutory appeal from any decision by the\n franchising authority requesting information from the system or tolling the effective date of a\n system's proposed rates. The appeal may be made by an informal letter to the Chief of the\n Media Bureau, served on the franchising authority. The franchising authority must respond\n within seven days of its receipt of the appeal and shall serve the operator with its response. The\n operator shall have four days from its receipt of the response in which to file a reply, if desired.\n If the maximum rate established on Form 1230 does not exceed $1.24 per channel, the burden\n shall be on the franchising authority to show the reasonableness of its order. If the maximum\n rate established on Form 1230 exceeds $1.24 per channel, the burden shall be on the operator\n to show the unreasonableness of the order.\n\n (iv) In reviewing Form 1230 and issuing a decision, the franchising authority shall determine the\n reasonableness of the maximum rate permitted by the form, not simply the rate which the\n operator intends to establish.\n\n (v) A final decision of the franchising authority with respect to the requested rate shall be subject\n to appeal pursuant to § 76.944. The filing of an appeal shall stay the effectiveness of the final\n decision pending the disposition of the appeal by the Commission. An operator may bifurcate\n its appeal of a final rate decision by initially limiting the scope of the appeal to the\n reasonableness of any request for information made by the franchising authority. The operator\n may defer addressing the substantive rate-setting decision of the franchising authority until\n after the Commission has ruled on the reasonableness of the request for information. At its\n option, the operator may forego the bifurcated appeal and address both the request for\n documentation and the substantive rate-setting decision in a single appeal. When filing an\n appeal from a final rate-setting decision by the franchising authority, the operator may raise as\n an issue the scope of the request for information only if that request was not approved by the\n Commission on a previous interlocutory appeal by the operator.\n\n (6) Complaints concerning the rates charged for a cable programming services tier by a system that has\n elected the small cable company cost-of-service methodology may be filed pursuant to § 76.957.\n Upon receipt of a complaint, the Commission shall review the system's rates in accordance with the\n standards set forth above with respect to basic tier rates.\n\n (7) Unless otherwise ordered by the franchising authority or the Commission, the system may establish\n its per channel rate at any level that does not exceed the maximum rate permitted by Form 1230,\n provided that the system has given the required written notice to subscribers. If the system\n establishes its per channel rate at a level that is less than the maximum amount permitted by the\n form, it may increase rates at any time thereafter to the maximum amount upon providing the\n required written notice to subscribers.\n\n (8) After determining the maximum rate permitted by Form 1230, the system may adjust that rate in\n accordance with this paragraph. Electing to adjust rates pursuant to one of the options set forth\n below shall not prohibit the system from electing a different option when adjusting rates thereafter.\n The system may adjust its maximum permitted rate without adjusting the actual rate it charges\n subscribers.\n\n\n\n47 CFR 76.934(h)(8) (enhanced display) page 181 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.934(h)(8)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) The system may adjust its maximum permitted rate in accordance with the price cap\n requirements set forth in § 76.922(d).\n\n (ii) The system may adjust its maximum permitted rate in accordance with the requirements set\n forth in § 76.922(e) for changes in the number of channels on regulated tiers. For any system\n that files Form 1230, no rate adjustments made prior to the effective date of this rule shall be\n charged against the system's Operator's Cap and License Reserve Fee described in §\n 76.922(e)(3).\n\n (iii) The system may adjust its maximum permitted rate by filing a new Form 1230 that permits a\n higher rate.\n\n (iv) The system may adjust its maximum permitted rate by complying with any of the options set\n forth in § 76.922(b)(1) for which it qualifies or under an alternative rate agreement as provided\n in paragraph (g) of this section.\n\n (9) In any rate proceeding before a franchising authority in which a final decision had not been issued as\n of June 5, 1995, a small system owned by a small cable company may elect the form of rate\n regulation set forth in this section to justify the rates that are the subject of the proceeding, if the\n system and affiliated company were a small system and small company respectively as of the June\n 5, 1995 and as of the period during which the disputed rates were in effect. However, the validity of a\n final rate decision made by a franchising authority before June 5, 1995 is not affected.\n\n (10) In any proceeding before the Commission involving a cable programming services tier complaint in\n which a final decision had not been issued as of June 5, 1995, a small system owned by a small\n cable company may elect the form of rate regulation set forth in this section to justify rates charged\n prior to the adoption of this rule and to establish new rates. For purposes of this paragraph, a\n decision shall not be deemed final until the operator has exhausted or is time-barred from pursuing\n any avenue of appeal, review, or reconsideration.\n\n (11) A system that is eligible to establish its rates in accordance with the small system cost-of-service\n approach shall remain eligible for so long as the system serves no more than 15,000 subscribers.\n When a system that has established rates in accordance with the small system cost-of-service\n approach exceeds 15,000 subscribers, the system may maintain its then existing rates. After\n exceeding the 15,000 subscriber limit, any further rate adjustments shall not reflect increases in\n external costs, inflation or channel additions until the system has re-established initial permitted\n rates in accordance with some other method of rate regulation prescribed in this subpart.\n\n\n Note: For rules governing small cable operators, see § 76.990 of this subpart.\n\n\n[60 FR 35865, July 12, 1995, as amended at 60 FR 52120, Oct. 5, 1995; 62 FR 53576, Oct. 15, 1997; 64 FR 35950, July 2, 1999; 65\nFR 53617, Sept. 5, 2000; 67 FR 13235, Mar. 21, 2002]\n\n\n§ 76.935 Participation of interested parties.\nIn order to regulate basic tier rates or associated equipment costs, a franchising authority must have procedural\nlaws or regulations applicable to rate regulation proceedings that provide a reasonable opportunity for\nconsideration of the views of interested parties. Such rules must take into account the 30, 120, or 180-day time\nperiods that franchising authorities have to review rates under § 76.933.\n\n\n47 CFR 76.935 (enhanced display) page 182 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.936\nMultichannel Video and Cable Television Service\n\n\n§ 76.936 Written decision.\n (a) A franchising authority must issue a written decision in a ratemaking proceeding whenever it disapproves\n an initial rate for the basic service tier or associated equipment in whole or in part, disapproves a request\n for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the\n objections of interested parties. A franchising authority is not required to issue a written decision that\n approves an unopposed existing or proposed rate for the basic service tier or associated equipment.\n\n (b) Public notice must be given of any written decision required in paragraph (a) of this section, including\n releasing the text of any written decision to the public.\n\n§ 76.937 Burden of proof.\n (a) A cable operator has the burden of proving that its existing or proposed rates for basic service and\n associated equipment comply with 47 U.S.C. 543, and §§ 76.922 and 76.923.\n\n (b) For an existing or a proposed rate for basic tier service or associated equipment that is within the\n permitted tier charge and actual cost of equipment as set forth in §§ 76.922 and 76.923, the cable\n operator must submit the appropriate FCC form.\n\n (c) For an existing or a proposed rate for basic tier service that exceeds the permitted tier charge as set forth\n in §§ 76.922 and 76.923, the cable operator must submit a cost-of-service showing to justify the\n proposed rate.\n\n (d) A franchising authority or the Commission may find a cable operator that does not attempt to\n demonstrate the reasonableness of its rates in default and, using the best information available, enter an\n order finding the cable operator's rates unreasonable and mandating appropriate relief, as specified in §§\n 76.940, 76.941, and 76.942.\n\n (e) A franchising authority or the Commission may order a cable operator that has filed a facially incomplete\n form to file supplemental information, and the franchising authority's deadline to rule on the\n reasonableness of the proposed rates will be tolled pending the receipt of such information. A franchising\n authority may set reasonable deadlines for the filing of such information, and may find the cable operator\n in default and mandate appropriate relief, pursuant to paragraph (d) of this section, for the cable\n operator's failure to comply with the deadline or otherwise provide complete information in good faith.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17973, Apr. 15, 1994]\n\n\n§ 76.938 Proprietary information.\nA franchising authority may require the production of proprietary information to make a rate determination in those\ncases where cable operators have submitted initial rates, or have proposed rate increases, pursuant to an FCC Form\n393 (and/or FCC Forms 1200/1205) filing or a cost-of-service showing. The franchising authority shall state a\njustification for each item of information requested and, where related to an FCC Form 393 (and/or FCC Forms\n1200/1205) filing, indicate the question or section of the form to which the request specifically relates. Upon\nrequest to the franchising authority, the parties to a rate proceeding shall have access to such information, subject\nto the franchising authority's procedures governing non-disclosure by the parties. Public access to such proprietary\ninformation shall be governed by applicable state or local law.\n\n[59 FR 17973, Apr. 15, 1994]\n\n\n\n47 CFR 76.938 (enhanced display) page 183 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.939\nMultichannel Video and Cable Television Service\n\n\n§ 76.939 Truthful written statements and responses to requests of franchising authority.\nCable operators shall comply with franchising authorities' and the Commission's requests for information, orders,\nand decisions. Any information submitted to a franchising authority or the Commission in making a rate\ndetermination pursuant to an FCC Form 393 (and/or FCC Forms 1200/1205) filing or a cost-of-service showing is\nsubject to the provisions of § 1.17 of this chapter.\n\n[68 FR 15098, Mar. 28, 2003]\n\n\n§ 76.940 Prospective rate reduction.\nA franchising authority may order a cable operator to implement a reduction in basic service tier or associated\nequipment rates where necessary to bring rates into compliance with the standards set forth in §§ 76.922 and\n76.923\n\n§ 76.941 Rate prescription.\nA franchising authority may prescribe a reasonable rate for the basic service tier or associated equipment after it\ndetermines that a proposed rate is unreasonable.\n\n§ 76.942 Refunds.\n (a) A franchising authority (or the Commission, pursuant to § 76.945) may order a cable operator to refund to\n subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or\n above the actual cost of equipment, unless the operator has submitted a cost-of-service showing which\n justifies the rate charged as reasonable. An operator's liability for refunds shall be based on the difference\n between the old bundled rates and the sum of the new unbundled program service charge(s) and the new\n unbundled equipment charge(s). Where an operator was charging separately for program services and\n equipment but the rates were not in compliance with the Commission's rules, the operator's refund liability\n shall be based on the difference between the sum of the old charges and the sum of the new, unbundled\n program service and equipment charges. Before ordering a cable operator to refund previously paid rates\n to subscribers, a franchising authority (or the Commission) must give the operator notice and opportunity\n to comment.\n\n (b) An operator's liability for refunds in limited to a one-year period, except that an operator that fails to\n comply with a valid rate order issued by a franchising authority or the Commission shall be liable for\n refunds commencing from the effective date of such order until such time as it complies with such order.\n\n (c) The refund period shall run as follows:\n\n (1) From the date the operator implements a prospective rate reduction back in time to September 1,\n 1993, or one year, whichever is shorter.\n\n (2) From the date a franchising authority issues an accounting order pursuant to § 76.933(c), to the date\n a prospective rate reduction is issued, then back in time from the date of the accounting order to the\n effective date of the rules; however, the total refund period shall not exceed one year from the date\n of the accounting order.\n\n (3) Refund liability shall be calculated on the reasonableness of the rates as determined by the rules in\n effect during the period under review by the franchising authority or the Commission.\n\n (d) The cable operator, in its discretion, may implement a refund in the following manner:\n\n47 CFR 76.942(d) (enhanced display) page 184 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.942(d)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) By returning overcharges to those subscribers who actually paid the overcharges, either through\n direct payment or as a specifically identified credit to those subscribers' bills; or\n\n (2) By means of a prospective percentage reduction in the rates for the basic service tier or associated\n equipment to cover the cumulative overcharge. This shall be reflected as a specifically identified,\n one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable\n system.\n\n (e) Refunds shall include interest computed at applicable rates published by the Internal Revenue Service for\n tax refunds and additional tax payments.\n\n (f) Once an operator has implemented a rate refund to subscribers in accordance with a refund order by the\n franchising authority (or the Commission, pursuant to paragraph (a) of this section), the franchising\n authority must return to the cable operator an amount equal to that portion of the franchise fee that was\n paid on the total amount of the refund to subscribers. The franchising authority must promptly return the\n franchise fee overcharge either in an immediate lump sum payment, or the cable operator may deduct it\n from the cable system's future franchise fee payments. The franchising authority has the discretion to\n determine a reasonable repayment period, but interest shall accrue on any outstanding portion of the\n franchise fee starting on the date the operator has completed implementation of the refund order. In\n determining the amount of the refund, the franchise fee overcharge should be offset against franchise\n fees the operator holds on behalf of the franchising authority for lump sum payment. The interest rate on\n any refund owed to the operator presumptively shall be 11.25%.\n\n[58 FR 29753, May 21, 1993, as amended at 58 FR 46736, Sept. 2, 1993; 59 FR 17974, Apr. 15, 1994; 60 FR 52120, Oct. 5, 1995]\n\n\n§ 76.943 Fines.\n (a) A franchising authority may impose fines or monetary forfeitures on a cable operator that does not\n comply with a rate decision or refund order directed specifically at the cable operator, provided the\n franchising authority has such power under state or local laws.\n\n (b) If a cable operator willfully fails to comply with the terms of any franchising authority's order, decision, or\n request for information, as required by § 76.939, the Commission may, in addition to other remedies,\n impose a forfeiture pursuant to section 503(b) of the Communications Act of 1934, as amended, 47\n U.S.C. 503(b).\n\n (c) A cable operator shall not be subject to forfeiture because its rate for basic service or equipment is\n determined to be unreasonable.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994]\n\n\n§ 76.944 Commission review of franchising authority decisions on rates for the basic service\ntier and associated equipment.\n (a) The Commission shall be the sole forum for appeals of decisions by franchising authorities on rates for\n the basic service tier or associated equipment involving whether or not a franchising authority has acted\n consistently with the Cable Act or §§ 76.922 and 76.923. Appeals of ratemaking decisions by franchising\n authorities that do not depend upon determining whether a franchising authority has acted consistently\n with the Cable Act or §§ 76.922 and 76.923, may be heard in state or local courts.\n\n\n\n47 CFR 76.944(a) (enhanced display) page 185 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.944(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Any participant at the franchising authority level in a ratemaking proceeding may file an appeal of the\n franchising authority's decision with the Commission within 30 days of release of the text of the\n franchising authority's decision as computed under § 1.4(b) of this chapter. Appeals shall be served on\n the franchising authority or other authority that issued the rate decision. Where the state is the\n appropriate decisionmaking authority, the state shall forward a copy of the appeal to the appropriate local\n official(s). Oppositions may be filed within 15 days after the appeals is filed, and must be served on the\n party(ies) appealing the rate decision. Replies may be filed 7 days after the last day for oppositions and\n shall be served on the parties to the proceeding.\n\n (c) An operator that uses the annual rate adjustment method under Section 76.922(e) may include in its next\n true up under Section 76.922(e)(3) any amounts to which the operator would have been entitled but for a\n franchising authority decision that is not upheld on appeal.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994; 60 FR 52121, Oct. 5, 1995]\n\n\n§ 76.945 Procedures for Commission review of basic service rates.\n (a) Upon assumption of rate regulation authority, the Commission will notify the cable operator and require\n the cable operator to file its basic rate schedule with the Commission within 30 days, with a copy to the\n local franchising authority.\n\n (b) Basic service and equipment rate schedule filings for existing rates or proposed rate increases (including\n increases in the baseline channel change that results from reductions in the number of channels in a tier)\n must use the official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the\n official FCC form or a copy may result in the imposition of sanctions specified in § 76.937(d). Cable\n operators seeking to justify the reasonableness of existing or proposed rates above the permitted tier rate\n must submit a cost-of-service showing sufficient to support a finding that the rates are reasonable.\n\n (c) Filings proposing annual adjustments or rates within the rates regulation standards in §§ 76.922 and\n 76.923, must be made 30 days prior to the proposed effective date and can become effective on the\n proposed effective date unless the Commission issues an order deferring the effective date or denying\n the rate proposal. Petitions opposing such filings must be filed within 15 days of public notice of the filing\n by the cable operator and be accompanied by a certificate that service was made on the cable operator\n and the local franchising authority. The cable operator may file an opposition within five days of filing of\n the petition, certifying to service on both the petitioner and the local franchising authority.\n\n (d) Filings proposing a rate not within the rate regulation standards of §§ 76.922 and 76.923, must be made\n 90 days before the requested effective date. Petitions opposing such filings must be filed within 30 days\n of public notice of the filing, and be accompanied by a certificate that service was made on the cable\n operator and the local franchising authority. The cable operator may file an opposition within 10 days of\n the filing of the petition, and certifying that service was made on the petitioner and the local franchising\n authority.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994]\n\n\n§ 76.946 Advertising of rates.\nCable operators that advertise rates for basic service and cable programming service tiers shall be required to\nadvertise rates that include all costs and fees. Cable systems that cover multiple franchise areas having differing\nfranchise fees or other franchise costs, different channel line-ups, or different rate structures may advertise a\n\n47 CFR 76.946 (enhanced display) page 186 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.952\nMultichannel Video and Cable Television Service\n\n\ncomplete range of fees without specific identification of the rate for each individual area. In such circumstances, the\noperator may advertise a “fee plus” rate that indicates the core rate plus the range of possible additions, depending\non the particular location of the subscriber.\n\n[59 FR 17974, Apr. 15, 1994]\n\n\n§ 76.952 Information to be provided by cable operator on monthly subscriber bills.\nAll cable operators must provide the following information to subscribers on monthly bills:\n\n (a) The name, mailing address and phone number of the franchising authority, unless the franchising\n authority in writing requests the cable operator to omit such information.\n\n (b) The FCC community unit identifier for the cable system.\n\n[58 FR 29753, May 21, 1993, as amended at 59 FR 17960, Apr. 15, 1994; 64 FR 35950, July 2, 1999]\n\n\n§ 76.962 Implementation and certification of compliance.\n (a) Implementation. A cable operator must implement remedial requirements, including prospective rate\n reductions and refunds, within 60 days from the date the Commission releases an order mandating a\n remedy.\n\n (b) Certification of compliance. A cable operator must certify to the Commission its compliance with any\n Commission order mandating remedial requirements. Such certification shall:\n\n (1) Be filed with the Commission within 90 days from the date the Commission releases an order\n mandating a remedy;\n\n (2) Reference the applicable Commission order;\n\n (3) State that the cable operator has complied fully with all provisions of the Commission's order;\n\n (4) Include a description of the precise measures the cable operator has taken to implement the\n remedies ordered by the Commission; and\n\n (5) Be signed by an authorized representative of the cable operator.\n\n§ 76.963 Forfeiture.\n (a) If any cable operator willfully fails to comply with the terms of any Commission order, including an order\n mandating remedial requirements after a finding of unreasonable cable programming service or\n equipment rates, or any Commission rule, the Commission may, in addition to other remedies, impose a\n forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b).\n\n (b) A cable operator shall not be subject to forfeiture because its rate for cable programming service or\n equipment is determined to be unreasonable.\n\n§ 76.970 Commercial leased access rates.\n (a) Cable operators shall designate channel capacity for commercial use by persons unaffiliated with the\n operator, and that seek to lease a programming channel on a full-time basis, in accordance with the\n requirement of 47 U.S.C. 532. For purposes of 47 U.S.C. 532(b)(1)(A) and (B), only those channels that\n must be carried pursuant to 47 U.S.C. 534 and 535 qualify as channels that are required for use by Federal\n47 CFR 76.970(a) (enhanced display) page 187 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.970(b)\nMultichannel Video and Cable Television Service\n\n\n law or regulation. For cable systems with 100 or fewer channels, channels that cannot be used due to\n technical and safety regulations of the Federal Government (e.g., aeronautical channels) shall be excluded\n when calculating the set-aside requirement.\n\n (b) In determining whether an entity is an “affiliate” for purposes of commercial leased access, entities are\n affiliated if either entity has an attributable interest in the other or if a third party has an attributable\n interest in both entities.\n\n (c) Attributable interest shall be defined by reference to the criteria set forth in Notes 1–5 to § 76.501\n provided, however, that:\n\n (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and;\n\n (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting\n stock or limited partnership equity interests of five (5) percent or more.\n\n (d) The maximum commercial leased access rate that a cable operator may charge for full-time channel\n placement on any tier is the average implicit fee for full-time channel placement on that tier.\n\n (e) The average implicit fee identified in paragraph (d) of this section shall be calculated by first calculating\n the total amount the operator receives in subscriber revenue per month for the programming on the tier\n on which the channel will be placed, and then subtracting the total amount it pays in programming costs\n per month for that tier (the “total implicit fee calculation”). Next, the total implicit fee is divided by the\n number of channels on that tier (the “average implicit fee calculation”). The result, the average implicit fee,\n is the maximum rate per month that the operator may charge the leased access programmer for a full-\n time channel on that tier. The license fees for affiliated channels used in determining the average implicit\n fee shall reflect the prevailing company prices offered in the marketplace to third parties. If a prevailing\n company price does not exist, the license fee for that programming shall be priced at the programmer's\n cost or the fair market value, whichever is lower. The average implicit fee shall be calculated annually\n based on contracts in effect in the previous calendar year. The implicit fee for a contracted service may\n not include fees, stated or implied, for services other than the provision of channel capacity (e.g., billing\n and collection, marketing, or studio services).\n\n (f) The maximum commercial leased access rate that a cable operator may charge for full-time channel\n placement as an a la carte service is the highest implicit fee on an aggregate basis for full-time channel\n placement as an a la carte service.\n\n (g) The highest implicit fee on an aggregate basis for full-time channel placement as an a la carte service\n shall be calculated by first determining the total amount received by the operator in subscriber revenue\n per month for each non-leased access a la carte channel on its system (including affiliated a la carte\n channels) and deducting the total amount paid by the operator in programming costs (including license\n and copyright fees) per month for programming on such individual channels. This calculation will result in\n implicit fees determined on an aggregate basis, and the highest of these implicit fees shall be the\n maximum rate per month that the operator may charge the leased access programmer for placement as a\n full-time a la carte channel. The license fees for affiliated channels used in determining the highest\n implicit fee shall reflect the prevailing company prices offered in the marketplace to third parties. If a\n prevailing company price does not exist, the license fee for that programming shall be priced at the\n programmer's cost or the fair market value, whichever is lower. The highest implicit fee shall be based on\n contracts in effect in the previous calendar year. The implicit fee for a contracted service may not include\n fees, stated or implied, for services other than the provision of channel capacity (e.g., billing and\n collection, marketing, or studio services). Any subscriber revenue received by a cable operator for an a la\n carte leased access service shall be passed through to the leased access programmer.\n47 CFR 76.970(g) (enhanced display) page 188 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.970(h)\nMultichannel Video and Cable Television Service\n\n\n (h)\n\n (1) Cable system operators shall provide prospective leased access programmers with the following\n information within 30 calendar days of the date on which a bona fide request for leased access\n information is made, provided that the programmer has remitted any application fee that the cable\n system operator requires up to a maximum of $100 per system-specific bona fide request:\n\n (i) How much of the operator's leased access set-aside capacity is available;\n\n (ii) A complete schedule of the operator's full-time leased access rates;\n\n (iii) Rates associated with technical and studio costs; and\n\n (iv) If specifically requested, a sample leased access contract.\n\n (2) Operators of systems subject to small system relief shall provide the information required in\n paragraph (h)(1) of this section within 45 calendar days of a bona fide request from a prospective\n leased access programmer. For these purposes, systems subject to small system relief are systems\n that either:\n\n (i) Qualify as small systems under § 76.901(c) and are owned by a small cable company as\n defined under § 76.901(e); or\n\n (ii) Have been granted special relief.\n\n (3) Bona fide requests, as used in this section, are defined as requests from potential leased access\n programmers that have provided the following information:\n\n (i) The desired length of a contract term;\n\n (ii) The anticipated commencement date for carriage; and\n\n (iii) The nature of the programming,\n\n (4) All requests for leased access must be made in writing and must specify the date on which the\n request was sent to the operator.\n\n (5) Operators shall maintain, for Commission inspection, sufficient supporting documentation to justify\n the scheduled rates, including supporting contracts, calculations of the implicit fees, and\n justifications for all adjustments.\n\n (6) Cable system operators shall disclose on their own websites, or through alternate means if they do\n not have their own websites, a contact name or title, telephone number, and email address for the\n person responsible for responding to requests for information about leased access channels.\n\n (i) Cable operators are permitted to negotiate rates below the maximum rates permitted in paragraphs (c)\n through (g) of this section.\n\n[78 FR 20256, Apr. 4, 2013, as amended at 84 FR 28768, June 20, 2019; 85 FR 51367, Aug. 20, 2020]\n\n\n§ 76.971 Commercial leased access terms and conditions.\n (a)\n\n\n\n\n47 CFR 76.971(a) (enhanced display) page 189 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.971(a)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Cable operators shall place leased access programmers that request access to a tier actually used\n by most subscribers on any tier that has a subscriber penetration of more than 50 percent, unless\n there are technical or other compelling reasons for denying access to such tiers.\n\n (2) Cable operators shall be permitted to make reasonable selections when placing leased access\n channels at specific channel locations. The Commission will evaluate disputes involving channel\n placement on a case-by-case basis and will consider any evidence that an operator has acted\n unreasonably in this regard.\n\n (3) On systems with available leased access capacity sufficient to satisfy current leased access\n demand, cable operators shall be required to accommodate as expeditiously as possible all leased\n access requests for programming that is not obscene or indecent. On systems with insufficient\n available leased access capacity to satisfy current leased access demand, cable operators shall be\n permitted to select from among leased access programmers using objective, content-neutral\n criteria.\n\n (b) Cable operators may not apply programming production standards to leased access that are any higher\n than those applied to public, educational and governmental access channels.\n\n (c) Cable operators are required to provide unaffiliated leased access users the minimal level of technical\n support necessary for users to present their material on the air, and may not unreasonably refuse to\n cooperate with a leased access user in order to prevent that user from obtaining channel capacity. Leased\n access users must reimburse operators for the reasonable cost of any technical support actually provided\n by the operator that is beyond that provided for non-leased access programmers on the system. A cable\n operator may charge leased access programmers for the use of technical equipment that is provided at\n no charge for public, educational and governmental access programming, provided that the operator's\n franchise agreement requires it to provide the equipment and does not preclude such use, and the\n equipment is not being used for any other non-leased access programming. Cable operators that are\n required to purchase technical equipment in order to accommodate a leased access programmer shall\n have the option of either requiring the leased access programmer to pay the full purchase price of the\n equipment, or purchasing the equipment and leasing it to the leased access programmer at a reasonable\n rate. Leased access programmers that are required to pay the full purchase price of additional equipment\n shall have all rights of ownership associated with the equipment under applicable state and local law.\n\n (d) Cable operators may require reasonable security deposits or other assurances from users who are unable\n to prepay in full for access to leased commercial channels. Cable operators may impose reasonable\n insurance requirements on leased access programmers. Cable operators shall bear the burden of proof in\n establishing reasonableness.\n\n (e) Cable operators may not set terms and conditions for commercial leased access use based on content,\n except:\n\n (1) To the limited extent necessary to establish a reasonable price for the commercial use of designated\n channel capacity by an unaffiliated person; or\n\n (2) To comply with 47 U.S.C. 532 (h), (j) and § 76.701.\n\n (f)\n\n\n\n\n47 CFR 76.971(f) (enhanced display) page 190 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.971(f)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) A cable operator shall provide billing and collection services for commercial leased access cable\n programmers, unless the operator demonstrates the existence of third party billing and collection\n services which in terms of cost and accessibility, offer leased access programmers an alternative\n substantially equivalent to that offered to comparable non-leased access programmers.\n\n (2) If an operator can make the showing required in paragraph (f)(1) of this section, it must, to the extent\n technically feasible make available data necessary to enable a third party to bill and collect for the\n leased access user.\n\n (g) Cable operators shall not unreasonably limit the length of leased access contracts. The termination\n provisions of leased access contracts shall be commercially reasonable and may not allow operators to\n terminate leased access contracts without a reasonable basis.\n\n (h) Cable operators may not prohibit the resale of leased access capacity to persons unaffiliated with the\n operator, but may provide in their leased access contracts that any sublessees will be subject to the non-\n price terms and conditions that apply to the initial lessee, and that, if the capacity is resold, the rate for the\n capacity shall be the maximum permissible rate.\n\n[58 FR 29753, May 21, 1993, as amended at 61 FR 16401, Apr. 15, 1996; 62 FR 11381, Mar. 12, 1997; 84 FR 28769, June 20, 2019]\n\n\n§ 76.975 Commercial leased access dispute resolution.\n (a) Any person aggrieved by the failure or refusal of a cable operator to make commercial channel capacity\n available in accordance with the provisions of Title VI of the Communications Act may bring an action in\n the district court of the United States for the Judicial district in which the cable system is located to\n compel that such capacity be made available.\n\n (b)\n\n (1) Any person aggrieved by the failure or refusal of a cable operator to make commercial channel\n capacity available or to charge rates for such capacity in accordance with the provisions of Title VI\n of the Communications Act, or our implementing regulations, §§ 76.970 and 76.971, may file a\n petition for relief with the Commission. Persons alleging that a cable operator's leased access rate is\n unreasonable must receive a determination of the cable operator's maximum permitted rate from an\n independent accountant prior to filing a petition for relief with the Commission.\n\n (2) Parties to a dispute over leased access rates shall have five business days to agree on a mutually\n acceptable accountant from the date on which the programmer provides the cable operator with a\n written request for a review of its leased access rates. Parties that fail to agree on a mutually\n acceptable accountant within five business days of the programmer's request for a review shall each\n be required to select an independent accountant on the sixth business day. The two accountants\n selected shall have five business days to select a third independent accountant to perform the\n review. Operators of systems subject to small system relief shall have 14 business days to select an\n independent accountant when an agreement cannot be reached. For these purposes, systems\n subject to small system relief are systems that either:\n\n (i) Qualify as small systems under § 76.901(c) and are owned by a small cable company as\n defined under § 76.901(e); or\n\n (ii) Have been granted special relief.\n\n\n\n47 CFR 76.975(b)(2)(ii) (enhanced display) page 191 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.975(b)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) The final accountant's report must be completed within 60 days of the date on which the final\n accountant is selected to perform the review. The final accountant's report must, at a minimum,\n state the maximum permitted rate, and explain how it was determined without revealing proprietary\n information. The report must be signed, dated and certified by the accountant. The report shall be\n filed in the cable system's local public file.\n\n (4) If the accountant's report indicates that the cable operator's leased access rate exceeds the\n maximum permitted rate by more than a de minimis amount, the cable operator shall be required to\n pay the full cost of the review. If the final accountant's report does not indicate that the cable\n operator's leased access rate exceeds the maximum permitted rate by more than a de minimis\n amount, each party shall be required to split the cost of the final accountant's review, and to pay its\n own expenses incurred in making the review.\n\n (5) Parties may use alternative dispute resolution (ADR) processes to settle disputes that are not\n resolved by the final accountant's report.\n\n (c) A petition must contain a concise statement of the facts constituting a violation of the statute or the\n Commission's rules, the specific statute(s) or rule(s) violated, and certify that the petition was served on\n the cable operator. Where a petition is based on allegations that a cable operator's leased access rates\n are unreasonable, the petitioner must attach a copy of the final accountant's report. In proceedings before\n the Commission, there will be a rebuttable presumption that the final accountant's report is correct.\n\n (d) Where a petition is not based on allegations that a cable operator's leased access rates are unreasonable,\n the petition must be filed within 60 days of the alleged violation. Where a petition is based on allegations\n that the cable operator's leased access rates are unreasonable, the petition must be filed within 60 days\n of the final accountant's report, or within 60 days of the termination of ADR proceedings. Aggrieved\n parties must certify that their petition was filed within 60 days of the termination of ADR proceedings in\n order to file a petition later than 60 days after completion of the final accountant's report. Cable operators\n may rebut such certifications.\n\n (e) The cable operator or other respondent will have 30 days from service of the petition to file an answer. If a\n leased access rate is disputed, the answer must show that the rate charged is not higher than the\n maximum permitted rate for such leased access, and must be supported by the affidavit of a responsible\n company official. If, after an answer is submitted, the staff finds a prima facie violation of our rules, the\n staff may require a respondent to produce additional information, or specify other procedures necessary\n for resolution of the proceeding. Replies to answers must be filed within fifteen (15) days after\n submission of the answer.\n\n (f) The Commission, after consideration of the pleadings, may grant the relief requested, in whole or in part,\n including, but not limited to ordering refunds, injunctive measures, or forfeitures pursuant 47 U.S.C. 503,\n denying the petition, or issuing a ruling on the petition or dispute.\n\n (g) To be afforded relief, the petitioner must show by clear and convincing evidence that the cable operator\n has violated the Commission's leased access provisions in 47 U.S.C. 532 or §§ 76.970 and 76.971, or\n otherwise acted unreasonably or in bad faith in failing or refusing to make capacity available or to charge\n lawful rates for such capacity to an unaffiliated leased access programmer.\n\n (h) During the pendency of a dispute, a party seeking to lease channel capacity for commercial purposes,\n shall comply with the rates, terms and conditions prescribed by the cable operator, subject to refund or\n other appropriate remedy.\n\n\n\n47 CFR 76.975(h) (enhanced display) page 192 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.975(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Section 76.7 applies to petitions for relief filed under this section, except as otherwise provided in this\n section.\n\n[78 FR 20257, Apr. 4, 2013, as amended at 84 FR 28769, June 20, 2019]\n\n\n§ 76.977 Minority and educational programming used in lieu of designated commercial leased\naccess capacity.\n (a) A cable operator required by this section to designate channel capacity for commercial use pursuant to 47\n U.S.C. 532, may use any such channel capacity for the provision of programming from a qualified minority\n programming source or from any qualified educational programming sources, whether or not such source\n is affiliated with cable operator. The channel capacity used to provide programming from a qualified\n minority programming source or from any qualified educational programming source pursuant to this\n section may not exceed 33 percent of the channel capacity designated pursuant to 47 U.S.C. 532 and\n must be located on a tier with more than 50 percent subscriber penetration.\n\n (b) For purposes of this section, a qualified minority programming source is a programming source that\n devotes substantially all of its programming to coverage of minority viewpoints, or to programming\n directed at members of minority groups, and which is over 50 percent minority-owned.\n\n (c) For purposes of this section, a qualified educational programming source is a programming source that\n devotes substantially all of its programming to educational or instructional programming that promotes\n public understanding of mathematics, the sciences, the humanities, or the arts and has a documented\n annual expenditure on programming exceeding $15 million. The annual expenditure on programming\n means all annual costs incurred by the programming source to produce or acquire programs which are\n scheduled to be televised, and specifically excludes marketing, promotion, satellite transmission and\n operational costs, and general administrative costs.\n\n (d) For purposes of paragraphs (b) and (c) of this section, substantially all means that 90% or more of the\n programming offered must be devoted to minority or educational purposes, as defined in paragraphs (b)\n and (c) of this section, respectively.\n\n (e) For purposes of paragraph (b) of this section, “minority” is defined as in 47 U.S.C. 309(i)(3)(c)(ii) to include\n Blacks, Hispanics, American Indians, Alaska Natives, Asians and Pacific Islanders.\n\n[58 FR 29753, May 21, 1993, as amended at 62 FR 11382, Mar. 12, 1997]\n\n\n§ 76.980 Charges for customer changes.\n (a) This section shall govern charges for any changes in service tiers or equipment provided to the subscriber\n that are initiated at the request of a subscriber after initial service installation.\n\n (b) The charge for customer changes in service tiers effected solely by coded entry on a computer terminal or\n by other similarly simple methods shall be a nominal amount, not exceeding actual costs, as defined in\n paragraph (c) of this section.\n\n (c) The charge for customers changes in service tiers or equipment that involve more than coded entry on a\n computer or other similarly simple method shall be based on actual cost. The actual cost charge shall be\n either the HSC, as defined in Section 76.923 of the rules, multiplied by the number of persons hours\n needed to implement the change, or the HSC multiplied by the average number of persons hours involved\n in implementing customer changes.\n\n47 CFR 76.980(c) (enhanced display) page 193 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.980(d)\nMultichannel Video and Cable Television Service\n\n\n (d) A cable operator may establish a higher charge for changes effected solely by coded entry on a computer\n terminal or by other similarly simple methods, subject to approval by the franchising authority, for a\n subscriber changing service tiers more than two times in a twelve month period, except for such changes\n ordered in response to a change in price or channel line-up.\n\n (e) Downgrade charges that are the same as, or lower than, upgrade charges are evidence of the\n reasonableness of such downgrade charges.\n\n (f) For 30 days after notice of retiering or rate increases, a customer may obtain changes in service tiers at\n no additional charge.\n\n\n Note 1 to § 76.980: Cable operators must also notify subscribers of potential charges for\n customer service changes, as provided in § 76.1604.\n\n\n[58 FR 29753, May 21, 1993, as amended at 65 FR 53617, Sept. 5, 2000]\n\n\n§ 76.981 Negative option billing.\n (a) A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not\n affirmatively requested by name. A subscriber's failure to refuse a cable operator's proposal to provide\n such service or equipment is not an affirmative request for service or equipment. A subscriber's\n affirmative request for service or equipment may be made orally or in writing.\n\n (b) The requirements of paragraph (a) of this section shall not preclude the adjustment of rates to reflect\n inflation, cost of living and other external costs, the addition or deletion of a specific program from a\n service offering, the addition or deletion of specific channels from an existing tier or service, the\n restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition,\n deletion or substitution of channels pursuant to § 76.922, provided that such changes do not constitute a\n fundamental change in the nature of an existing service or tier of service and are otherwise consistent\n with applicable regulations.\n\n (c) State and local governments may not enforce state and local consumer protection laws that conflict with\n or undermine paragraph (a) or (b) of this section or any other sections of this Subpart that were\n established pursuant to Section 3 of the 1992 Cable Act, 47 U.S.C. 543.\n\n[59 FR 62625, Dec. 6, 1994]\n\n\n§ 76.982 Continuation of rate agreements.\nDuring the term of an agreement executed before July 1, 1990, by a franchising authority and a cable operator\nproviding for the regulation of basic cable service rates, where there was not effective competition under\nCommission rules in effect on that date, the franchising authority may regulate basic cable rates without following\nsection 623 of the 1992 Cable Act or §§ 76.910 through 76.942. A franchising authority regulating basic cable rates\npursuant to such a rate agreement is not required to file for certification during the remaining term of the agreement\nbut shall notify the Commission of its intent to continue regulating basic cable rates.\n\n\n\n\n47 CFR 76.982 (enhanced display) page 194 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.983\nMultichannel Video and Cable Television Service\n\n\n§ 76.983 Discrimination.\n (a) No Federal agency, state, or local franchising authority may prohibit a cable operator from offering\n reasonable discounts to senior citizens or to economically disadvantaged groups.\n\n (1) Such discounts must be offered equally to all subscribers in the franchise area who qualify as\n members of these categories, or any reasonable subcategory thereof.\n\n (2) For purposes of this section, members of economically disadvantaged groups are those individuals\n who receive federal, state or local welfare assistance.\n\n (b) Nothing herein shall preclude any Federal agency, state, or local franchising authority from requiring and\n regulating the reception of cable service by hearing impaired individuals.\n\n§ 76.984 Geographically uniform rate structure.\n (a) The rates charged by cable operators for basic service, cable programming service, and associated\n equipment and installation shall be provided pursuant to a rate structure that is uniform throughout each\n franchise area in which cable service is provided.\n\n (b) This section does not prohibit the establishment by cable operators of reasonable categories of service\n and customers with separate rates and terms and conditions of service, within a franchise area.\n\n (c) This section does not apply to:\n\n (1) A cable operator with respect to the provision of cable service over its cable system in any\n geographic area in which the video programming services offered by the operator in that area are\n subject to effective competition, or\n\n (2) Any video programming offered on a per channel or per program basis.\n\n (3) Bulk discounts to multiple dwelling units shall not be subject to this section, except that a cable\n operator of a cable system that is not subject to effective competition may not charge predatory\n prices to a multiple dwelling unit. Upon a prima facie showing by a complainant that there are\n reasonable grounds to believe that the discounted price is predatory, the cable system shall have the\n burden of showing that its discounted price is not predatory.\n\n\n Note 1 to paragraph (c)(3): Discovery procedures for predatory pricing complaints. Requests for\n discovery will be addressed pursuant to the procedures specified in § 76.7(f).\n\n\n Note 2 to paragraph (c)(3): Confidential information. Parties submitting material believed to be\n exempt from disclosure pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and\n the Commission's rules, § 0.457 of this chapter, should follow the procedures in § 0.459 of this\n chapter and § 76.9.\n\n\n[59 FR 17975, Apr. 15, 1994, as amended at 61 FR 18979, Apr. 30, 1996; 64 FR 35951, July 2, 1999]\n\n\n§ 76.985 Subscriber bill itemization.\n (a) Cable operators may identify as a separate line item of each regular subscriber bill the following:\n\n47 CFR 76.985(a) (enhanced display) page 195 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.985(a)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority\n to which the fee is paid.\n\n (2) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by\n the franchise agreement to support public, educational, or governmental channels or the use of such\n channels.\n\n (3) The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental\n authority on the transaction between the operator and the subscriber. In order for a governmental fee\n or assessment to be separately identified under this section, it must be directly imposed by a\n governmental body on a transaction between a subscriber and an operator.\n\n (b) The charge identified on the subscriber bill as the total charge for cable service should include all fees and\n costs itemized pursuant to this section.\n\n (c) Local franchising authorities may adopt regulations consistent with this section.\n\n[58 FR 29753, May 21, 1993, as amended at 76 FR 55818, Sept. 9, 2011; 83 FR 60776, Nov. 27, 2018]\n\n\n§ 76.990 Small cable operators.\n (a) Effective February 8, 1996, a small cable operator is exempt from rate regulation on its cable\n programming services tier, or on its basic service tier if that tier was the only service tier subject to rate\n regulation as of December 31, 1994, in any franchise area in which that operator services 50,000 or fewer\n subscribers.\n\n (b) Procedures.\n\n (1) A small cable operator, may certify in writing to its franchise authority at any time that it meets all\n criteria necessary to qualify as a small operator. Upon request of the local franchising authority, the\n operator shall identify in writing all of its affiliates that provide cable service, the total subscriber\n base of itself and each affiliate, and the aggregate gross revenues of its cable and non-cable\n affiliates. Within 90 days of receiving the original certification, the local franchising authority shall\n determine whether the operator qualifies for deregulation and shall notify the operator in writing of\n its decision, although this 90-day period shall be tolled for so long as it takes the operator to respond\n to a proper request for information by the local franchising authority. An operator may appeal to the\n Commission a local franchise authority's information request if the operator seeks to challenge the\n information request as unduly or unreasonably burdensome. If the local franchising authority finds\n that the operator does not qualify for deregulation, its notice shall state the grounds for that\n decision. The operator may appeal the local franchising authority's decision to the Commission\n within 30 days.\n\n (2) Once the operator has certified its eligibility for deregulation on the basic service tier, the local\n franchising authority shall not prohibit the operator from taking a rate increase and shall not order\n the operator to make any refunds unless and until the local franchising authority has rejected the\n certification in a final order that is no longer subject to appeal or that the Commission has affirmed.\n The operator shall be liable for refunds for revenues gained (beyond revenues that could be gained\n under regulation) as a result of any rate increase taken during the period in which it claimed to be\n deregulated, plus interest, in the event the operator is later found not to be deregulated. The one-year\n\n\n\n\n47 CFR 76.990(b)(2) (enhanced display) page 196 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.990(b)(3)\nMultichannel Video and Cable Television Service\n\n\n limitation on refund liability will not be applicable during that period to ensure that the filing of an\n invalid small operator certification does not reduce any refund liability that the operator would\n otherwise incur.\n\n (3) Within 30 days of being served with a local franchising authority's notice that the local franchising\n authority intends to file a cable programming services tier rate complaint, an operator may certify to\n the local franchising authority that it meets the criteria for qualification as a small cable operator.\n This certification shall be filed in accordance with the cable programming services rate complaint\n procedure set forth in § 76.1402. Absent a cable programming services rate complaint, the operator\n may request a declaration of CPST rate deregulation from the Commission pursuant to § 76.7.\n\n (c) Transition from small cable operator status. If a small cable operator subsequently becomes ineligible for\n small operator status, the operator will become subject to regulation but may maintain the rates it\n charged prior to losing small cable operator status if such rates (with an allowance for minor variations)\n were in effect for the three months preceding the loss of small cable operator status. Subsequent rate\n increases following the loss of small cable operator status will be subject to generally applicable\n regulations governing rate increases.\n\n\n Note to § 76.990: For rules governing small cable systems and small cable companies, see §\n 76.934.\n\n\n[64 FR 35951, July 2, 1999]\n\n\nSubpart O—Competitive Access to Cable Programming\n§ 76.1000 Definitions.\nAs used in this subpart:\n\n (a) Area served by cable system. The term “area served” by a cable system means an area actually passed by\n a cable system and which can be connected for a standard connection fee.\n\n (b) Cognizable interests. In applying the provisions of this subpart, ownership and other interests in cable\n operators, satellite cable programming vendors, satellite broadcast programming vendors, or terrestrial\n cable programming vendors will be attributed to their holders and may subject the interest holders to the\n rules of this subpart. Cognizable and attributable interests shall be defined by reference to the criteria set\n forth in Notes 1 through 5 to § 76.501 provided, however, that:\n\n (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and\n\n (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting\n stock or limited partnership equity interests of five (5) percent or more.\n\n (c) Buying groups. The term “buying group” or “agent,” for purposes of the definition of a multichannel video\n programming distributor set forth in paragraph (e) of this section, means an entity representing the\n interests of more than one entity distributing multichannel video programming that:\n\n (1) Agrees to be financially liable for any fees due pursuant to a satellite cable programming, satellite\n broadcast programming, or terrestrial cable programming contract which it signs as a contracting\n party as a representative of its members or whose members, as contracting parties, agree to joint\n and several liability; and\n47 CFR 76.1000(c)(1) (enhanced display) page 197 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1000(c)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Agrees to uniform billing and standardized contract provisions for individual members; and\n\n (3) Agrees either collectively or individually on reasonable technical quality standards for the individual\n members of the group.\n\n (d) Competing distributors. The term “competing,” as used with respect to competing multichannel video\n programming distributors, means distributors whose actual or proposed service areas overlap.\n\n (e) Multichannel video programming distributor. The term “multichannel video programming distributor”\n means an entity engaged in the business of making available for purchase, by subscribers or customers,\n multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a\n BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program\n distributor, and a satellite master antenna television system operator, as well as buying groups or agents\n of all such entities.\n\n\n Note to paragraph (e): A video programming provider that provides more than one channel of\n video programming on an open video system is a multichannel video programming distributor for\n purposes of this subpart O and Section 76.1507.\n\n (f) Satellite broadcast programming. The term “satellite broadcast programming” means broadcast video\n programming when such programming is retransmitted by satellite and the entity retransmitting such\n programming is not the broadcaster or an entity performing such retransmission on behalf of and with the\n specific consent of the broadcaster.\n\n (g) Satellite broadcast programming vendor. The term “satellite broadcast programming vendor” means a\n fixed service satellite carrier that provides service pursuant to section 119 of title 17, United States Code,\n with respect to satellite broadcast programming.\n\n (h) Satellite cable programming. The term “satellite cable programming” means video programming which is\n transmitted via satellite and which is primarily intended for direct receipt by cable operators for their\n retransmission to cable subscribers, except that such term does not include satellite broadcast\n programming.\n\n\n Note to paragraph (h): Satellite programming which is primarily intended for the direct receipt by\n open video system operators for their retransmission to open video system subscribers shall be\n included within the definition of satellite cable programming.\n\n (i) Satellite cable programming vendor. The term “satellite cable programming vendor” means a person\n engaged in the production, creation, or wholesale distribution for sale of satellite cable programming, but\n does not include a satellite broadcast programming vendor.\n\n (j) Similarly situated. The term “similarly situated” means, for the purposes of evaluating alternative\n programming contracts offered by a defendant programming vendor or by a terrestrial cable programming\n vendor alleged to have engaged in conduct described in § 76.1001(b)(1)(ii), that an alternative\n multichannel video programming distributor has been identified by the defendant as being more properly\n compared to the complainant in order to determine whether a violation of § 76.1001(a) or § 76.1002(b)\n has occurred. The analysis of whether an alternative multichannel video programming distributor is\n properly comparable to the complainant includes consideration of, but is not limited to, such factors as\n whether the alternative multichannel video programming distributor operates within a geographic region\n\n47 CFR 76.1000(j) (enhanced display) page 198 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1000(k)\nMultichannel Video and Cable Television Service\n\n\n proximate to the complainant, has roughly the same number of subscribers as the complainant, and\n purchases a similar service as the complainant. Such alternative multichannel video programming\n distributor, however, must use the same distribution technology as the “competing” distributor with whom\n the complainant seeks to compare itself.\n\n (k) Subdistribution agreement. The term “subdistribution agreement” means an arrangement by which a local\n cable operator is given the right by a satellite cable programming vendor or satellite broadcast\n programming vendor to distribute the vendor's programming to competing multichannel video\n programming distributors.\n\n (l) Terrestrial cable programming. The term “terrestrial cable programming” means video programming which\n is transmitted terrestrially or by any means other than satellite and which is primarily intended for direct\n receipt by cable operators for their retransmission to cable subscribers, except that such term does not\n include satellite broadcast programming or satellite cable programming.\n\n (m) Terrestrial cable programming vendor. The term “terrestrial cable programming vendor” means a person\n engaged in the production, creation, or wholesale distribution for sale of terrestrial cable programming,\n but does not include a satellite broadcast programming vendor or a satellite cable programming vendor.\n\n[58 FR 27670, May 11, 1993, as amended at 61 FR 28708, June 5, 1996; 64 FR 67197, Dec. 1, 1999; 69 FR 72046, Dec. 10, 2004;\n75 FR 9723, Mar. 3, 2010]\n\n\n§ 76.1001 Unfair practices generally.\n (a) Unfair practices generally. No cable operator, satellite cable programming vendor in which a cable operator\n has an attributable interest, or satellite broadcast programming vendor shall engage in unfair methods of\n competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder\n significantly or prevent any multichannel video programming distributor from providing satellite cable\n programming or satellite broadcast programming to subscribers or consumers.\n\n (b) Unfair practices involving terrestrial cable programming and terrestrial cable programming vendors.\n\n (1) The phrase “unfair methods of competition or unfair or deceptive acts or practices” as used in\n paragraph (a) of this section includes, but is not limited to, the following:\n\n (i) Any effort or action by a cable operator that has an attributable interest in a terrestrial cable\n programming vendor to unduly or improperly influence the decision of such vendor to sell, or\n unduly or improperly influence such vendor's prices, terms, and conditions for the sale of,\n terrestrial cable programming to any unaffiliated multichannel video programming distributor.\n\n (ii) Discrimination in the prices, terms, or conditions of sale or delivery of terrestrial cable\n programming among or between competing cable systems, competing cable operators, or any\n competing multichannel video programming distributors, or their agents or buying groups, by a\n terrestrial cable programming vendor that is wholly owned by, controlled by, or under common\n control with a cable operator or cable operators, satellite cable programming vendor or vendors\n in which a cable operator has an attributable interest, or satellite broadcast programming\n vendor or vendors; except that the phrase does not include the practices set forth in §\n 76.1002(b)(1) through (3). The cable operator or cable operators, satellite cable programming\n vendor or vendors in which a cable operator has an attributable interest, or satellite broadcast\n programming vendor or vendors that wholly own or control, or are under common control with,\n\n\n\n47 CFR 76.1001(b)(1)(ii) (enhanced display) page 199 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1001(b)(1)(iii)\nMultichannel Video and Cable Television Service\n\n\n such terrestrial cable programming vendor shall be deemed responsible for such discrimination\n and any complaint based on such discrimination shall be filed against such cable operator,\n satellite cable programming vendor, or satellite broadcast programming vendor.\n\n (iii) Exclusive contracts, or any practice, activity, or arrangement tantamount to an exclusive\n contract, for terrestrial cable programming between a cable operator and a terrestrial cable\n programming vendor in which a cable operator has an attributable interest.\n\n (2) Any multichannel video programming distributor aggrieved by conduct described in paragraph (b)(1)\n of this section that it believes constitutes a violation of paragraph (a) of this section may commence\n an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing\n of a complaint. The complaint shall be filed and responded to in accordance with the procedures\n specified in § 76.7, as modified by § 76.1003, with the following additions or changes:\n\n (i) The defendant shall answer the complaint within forty-five (45) days of service of the complaint,\n unless otherwise directed by the Commission.\n\n (ii) The complainant shall have the burden of proof that the defendant's alleged conduct described\n in paragraph (b)(1) of this section has the purpose or effect of hindering significantly or\n preventing the complainant from providing satellite cable programming or satellite broadcast\n programming to subscribers or consumers. An answer to such a complaint shall set forth the\n defendant's reasons to support a finding that the complainant has not carried this burden.\n\n (iii) A complainant alleging that a terrestrial cable programming vendor has engaged in conduct\n described in paragraph (b)(1)(ii) of this section shall have the burden of proof that the terrestrial\n cable programming vendor is wholly owned by, controlled by, or under common control with a\n cable operator or cable operators, satellite cable programming vendor or vendors in which a\n cable operator has an attributable interest, or satellite broadcast programming vendor or\n vendors. An answer to such a complaint shall set forth the defendant's reasons to support a\n finding that the complainant has not carried this burden.\n\n[75 FR 9723, Mar. 3, 2010]\n\n\n§ 76.1002 Specific unfair practices prohibited.\n (a) Undue or improper influence. No cable operator that has an attributable interest in a satellite cable\n programming vendor or in a satellite broadcast programming vendor shall unduly or improperly influence\n the decision of such vendor to sell, or unduly or improperly influence such vendor's prices, terms and\n conditions for the sale of, satellite cable programming or satellite broadcast programming to any\n unaffiliated multichannel video programming distributor.\n\n (b) Discrimination in prices, terms or conditions. No satellite cable programming vendor in which a cable\n operator has an attributable interest, or satellite broadcast programming vendor, shall discriminate in the\n prices, terms, and conditions of sale or delivery of satellite cable programming or satellite broadcast\n programming among or between competing cable systems, competing cable operators, or any competing\n multichannel video programming distributors. Nothing in this subsection, however, shall preclude:\n\n (1) The imposition of reasonable requirements for creditworthiness, offering of service, and financial\n stability and standards regarding character and technical quality;\n\n\n\n\n47 CFR 76.1002(b)(1) (enhanced display) page 200 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1002(b)(2)\nMultichannel Video and Cable Television Service\n\n\n\n Note 1: Vendors are permitted to create a distinct class or classes of service in pricing based\n on credit considerations or financial stability, although any such distinctions must be applied\n for reasons for other than a multichannel video programming distributor's technology.\n Vendors are not permitted to manifest factors such as creditworthiness or financial stability\n in price differentials if such factors are already taken into account through different terms or\n conditions such as special credit requirements or payment guarantees.\n\n\n Note 2: Vendors may establish price differentials based on factors related to offering of\n service, or difference related to the actual service exchanged between the vendor and the\n distributor, as manifested in standardly applied contract terms based on a distributor's\n particular characteristics or willingness to provide secondary services that are reflected as a\n discount or surcharge in the programming service's price. Such factors include, but are not\n limited to, penetration of programming to subscribers or to particular systems; retail price of\n programming to the consumer for pay services; amount and type of promotional or\n advertising services by a distributor; a distributor's purchase of programming in a package or\n a la carte; channel position; importance of location for non-volume reasons; prepayment\n discounts; contract duration; date of purchase, especially purchase of service at launch;\n meeting competition at the distributor level; and other legitimate factors as standardly\n applied in a technology neutral fashion.\n\n (2) The establishment of different prices, terms, and conditions to take into account actual and\n reasonable differences in the cost of creation, sale, delivery, or transmission of satellite cable\n programming, satellite broadcast programming, or terrestrial cable programming;\n\n\n Note: Vendors may base price differentials, in whole or in part, on differences in the cost of\n delivering a programming service to particular distributors, such as differences in costs, or\n additional costs, incurred for advertising expenses, copyright fees, customer service, and\n signal security. Vendors may base price differentials on cost differences that occur within a\n given technology as well as between technologies. A price differential for a program service\n may not be based on a distributor's retail costs in delivering service to subscribers unless the\n program vendor can demonstrate that subscribers do not or will not benefit from the\n distributor's cost savings that result from a lower programming price.\n\n (3) The establishment of different prices, terms, and conditions which take into account economies of\n scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the\n number of subscribers served by the distributor; or\n\n\n Note: Vendors may use volume-related justifications to establish price differentials to the\n extent that such justifications are made available to similarly situated distributors on a\n technology-neutral basis. When relying upon standardized volume-related factors that are\n\n47 CFR 76.1002(b)(3) (enhanced display) page 201 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1002(b)(4)\nMultichannel Video and Cable Television Service\n\n\n\n made available to all multichannel video programming distributors using all technologies, the\n vendor may be required to demonstrate that such volume discounts are reasonably related to\n direct and legitimate economic benefits reasonably attributable to the number of subscribers\n served by the distributor if questions arise about the application of that discount. In such\n demonstrations, vendors will not be required to provide a strict cost justification for the\n structure of such standard volume-related factors, but may also identify non-cost economic\n benefits related to increased viewership.\n\n (4) Entering into exclusive contracts in areas that are permitted under paragraphs (c)(2) and (c)(4) of\n this section.\n\n (c) Exclusive contracts and practices —\n\n (1) Unserved areas. No cable operator shall engage in any practice or activity or enter into any\n understanding or arrangement, including exclusive contracts, with a satellite cable programming\n vendor or satellite broadcast programming vendor for satellite cable programming or satellite\n broadcast programming that prevents a multichannel video programming distributor from obtaining\n such programming from any satellite cable programming vendor in which a cable operator has an\n attributable interest, or any satellite broadcast programming vendor in which a cable operator has an\n attributable interest for distribution to persons in areas not served by a cable operator as of October\n 5, 1992.\n\n (2) [Reserved]\n\n (3) Specific arrangements: Subdistribution agreements —\n\n (i) Unserved areas. No cable operator shall enter into any subdistribution agreement or\n arrangement for satellite cable programming or satellite broadcast programming with a\n satellite cable programming vendor in which a cable operator has an attributable interest or a\n satellite broadcast programming vendor in which a cable operator has an attributable interest\n for distribution to persons in areas not served by a cable operator as of October 5, 1992 unless\n such agreement or arrangement complies with the limitations set forth in paragraph (c)(3)(ii) of\n this section.\n\n (ii) Limitations on subdistribution agreements in unserved areas. No cable operator engaged in\n subdistribution of satellite cable programming or satellite broadcast programming may require\n a competing multichannel video programming distributor to\n\n (A) Purchase additional or unrelated programming as a condition of such subdistribution; or\n\n (B) Provide access to private property in exchange for access to programming. In addition, a\n subdistributor may not charge a competing multichannel video programming distributor\n more for said programming than the satellite cable programming vendor or satellite\n broadcast programming vendor itself would be permitted to charge. Any cable operator\n acting as a subdistributor of satellite cable programming or satellite broadcast\n programming must respond to a request for access to such programming by a competing\n multichannel video programming distributor within fifteen (15) days of the request. If the\n\n\n\n\n47 CFR 76.1002(c)(3)(ii)(B) (enhanced display) page 202 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1002(c)(4)\nMultichannel Video and Cable Television Service\n\n\n request is denied, the competing multichannel video programming distributor must be\n permitted to negotiate directly with the satellite cable programming vendor or satellite\n broadcast programming vendor.\n\n (4) Public interest determination. In determining whether an exclusive contract is in the public interest\n for purposes of paragraph (c)(5) of this section, the Commission will consider each of the following\n factors with respect to the effect of such contract on the distribution of video programming in areas\n that are served by a cable operator:\n\n (i) The effect of such exclusive contract on the development of competition in local and national\n multichannel video programming distribution markets;\n\n (ii) The effect of such exclusive contract on competition from multichannel video programming\n distribution technologies other than cable;\n\n (iii) The effect of such exclusive contract on the attraction of capital investment in the production\n and distribution of new satellite cable programming;\n\n (iv) The effect of such exclusive contract on diversity of programming in the multichannel video\n programming distribution market; and\n\n (v) The duration of the exclusive contract.\n\n (5) Commission approval required. Any cable operator, satellite cable programming vendor in which a\n cable operator has an attributable interest, or satellite broadcast programming vendor in which a\n cable operator has an attributable interest must submit a “Petition for Exclusivity” to the\n Commission and receive approval from the Commission to preclude the filing of complaints alleging\n that an exclusive contract with respect to areas served by a cable operator violates section\n 628(c)(2)(B) of the Communications Act of 1934, as amended, and paragraph (b) of this section.\n\n (i) The petition for exclusivity shall contain those portions of the contract relevant to exclusivity,\n including:\n\n (A) A description of the programming service;\n\n (B) The extent and duration of exclusivity proposed; and\n\n (C) Any other terms or provisions directly related to exclusivity or to any of the criteria set\n forth in paragraph (c)(4) of this section. The petition for exclusivity shall also include a\n statement setting forth the petitioner's reasons to support a finding that the contract is in\n the public interest, addressing each of the five factors set forth in paragraph (c)(4) of this\n section.\n\n (ii) Any competing multichannel video programming distributor affected by the proposed\n exclusivity may file an opposition to the petition for exclusivity within thirty (30) days of the date\n on which the petition is placed on public notice, setting forth its reasons to support a finding\n that the contract is not in the public interest under the criteria set forth in paragraph (c)(4) of\n this section. Any such formal opposition must be served on petitioner on the same day on\n which it is filed with the Commission.\n\n (iii) The petitioner may file a response within ten (10) days of receipt of any formal opposition. The\n Commission will then approve or deny the petition for exclusivity.\n\n (d) Limitations —\n\n47 CFR 76.1002(d) (enhanced display) page 203 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1002(d)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Geographic limitations. Nothing in this section shall require any person who is engaged in the\n national or regional distribution of video programming to make such programming available in any\n geographic area beyond which such programming has been authorized or licensed for distribution.\n\n (2) Applicability to satellite retransmissions. Nothing in this section shall apply:\n\n (i) To the signal of any broadcast affiliate of a national television network or other television signal\n that is retransmitted by satellite but that is not satellite broadcast programming; or\n\n (ii) To any internal satellite communication of any broadcast network or cable network that is not\n satellite broadcast programming.\n\n (e) Exemptions for prior contracts —\n\n (1) In general. Nothing in this section shall affect any contract that grants exclusive distribution rights to\n any person with respect to satellite cable programming and that was entered into or before June 1,\n 1990, except that the provisions of paragraph (c)(1) of this section shall apply for distribution to\n persons in areas not served by a cable operator.\n\n (2) Limitation on renewals. A contract that was entered into on or before June 1, 1990, but that was\n renewed or extended after October 5, 1992, shall not be exempt under paragraph (e)(1) of this\n section.\n\n (f) Application to existing contracts. All contracts, except those specified in paragraph (e) of this section,\n related to the provision of satellite cable programming or satellite broadcast programming to any\n multichannel video programming distributor must be brought into compliance with the requirements\n specified in this subpart no later than November 15, 1993.\n\n[58 FR 27671, May 11, 1993, as amended at 59 FR 66259, Dec. 23, 1994; 67 FR 42951, July 30, 2002; 72 FR 56661, Oct. 4, 2007;\n75 FR 9724, Mar. 3, 2010; 77 FR 66048, Oct. 31, 2012]\n\n\n§ 76.1003 Program access proceedings\n (a) Complaints. Any multichannel video programming distributor aggrieved by conduct that it believes\n constitute a violation of the regulations set forth in this subpart may commence an adjudicatory\n proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The\n complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 of this\n part with the following additions or changes:\n\n (b) Prefiling notice required. Any aggrieved multichannel video programming distributor intending to file a\n complaint under this section must first notify the potential defendant cable operator, and/or the potential\n defendant satellite cable programming vendor or satellite broadcast programming vendor, that it intends\n to file a complaint with the Commission based on actions alleged to violate one or more of the provisions\n contained in § 76.1001 or § 76.1002 of this part. The notice must be sufficiently detailed so that its\n recipient(s) can determine the specific nature of the potential complaint. The potential complainant must\n allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with\n the Commission.\n\n (c) Contents of complaint. In addition to the requirements of § 76.7 of this part, a program access complaint\n shall contain:\n\n\n\n\n47 CFR 76.1003(c) (enhanced display) page 204 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1003(c)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) The type of multichannel video programming distributor that describes complainant, the address and\n telephone number of the complainant, whether the defendant is a cable operator, satellite broadcast\n programming vendor or satellite cable programming vendor (describing each defendant), and the\n address and telephone number of each defendant;\n\n (2) Evidence that supports complainant's belief that the defendant, where necessary, meets the\n attribution standards for application of the program access requirements;\n\n (3) Evidence that the complainant competes with the defendant cable operator, or with a multichannel\n video programming distributor that is a customer of the defendant satellite cable programming or\n satellite broadcast programming vendor or a terrestrial cable programming vendor alleged to have\n engaged in conduct described in § 76.1001(b)(1);\n\n (4) In complaints alleging discrimination, documentary evidence such as a rate card or a programming\n contract that demonstrates a differential in price, terms or conditions between complainant and a\n competing multichannel video programming distributor or, if no programming contract or rate card is\n submitted with the complaint, an affidavit signed by an officer of complainant alleging that a\n differential in price, terms or conditions exits, a description of the nature and extent (if known or\n reasonably estimated by the complainant) of the differential, together with a statement that\n defendant refused to provide any further specific comparative information;\n\n (5) If a programming contract or a rate card is submitted with the complaint in support of the alleged\n violation, specific references to the relevant provisions therein;\n\n (6) In complaints alleging exclusivity violations:\n\n (i) The identity of both the programmer and cable operator who are parties to the alleged\n prohibited agreement,\n\n (ii) Evidence that complainant can or does serve the area specified in the complaint, and\n\n (iii) Evidence that the complainant has requested to purchase the relevant programming and has\n been refused or unanswered;\n\n (7) In complaints alleging a violation of § 76.1001 of this part, evidence demonstrating that the behavior\n complained of has harmed complainant.\n\n (8) The complaint must be accompanied by appropriate evidence demonstrating that the required\n notification pursuant to paragraph (a) of this section has been made.\n\n (d) Damages requests.\n\n (1) In a case where recovery of damages is sought, the complaint shall contain a clear and unequivocal\n request for damages and appropriate allegations in support of such claim in accordance with the\n requirements of paragraph (d)(3) of this section.\n\n (2) Damages will not be awarded upon a complaint unless specifically requested. Damages may be\n awarded if the complaint complies fully with the requirement of paragraph (d)(3) of this section\n where the defendant knew, or should have known that it was engaging in conduct violative of section\n 628.\n\n (3) In all cases in which recovery of damages is sought, the complainant shall include within, or as an\n attachment to, the complaint, either:\n\n\n\n47 CFR 76.1003(d)(3) (enhanced display) page 205 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1003(d)(3)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) A computation of each and every category of damages for which recovery is sought, along with\n an identification of all relevant documents and materials or such other evidence to be used by\n the complainant to determine the amount of such damages; or\n\n (ii) An explanation of:\n\n (A) The information not in the possession of the complaining party that is necessary to\n develop a detailed computation of damages;\n\n (B) The reason such information is unavailable to the complaining party;\n\n (C) The factual basis the complainant has for believing that such evidence of damages exists;\n and\n\n (D) A detailed outline of the methodology that would be used to create a computation of\n damages when such evidence is available.\n\n (e) Answer.\n\n (1) Except as otherwise provided or directed by the Commission, any cable operator, satellite cable\n programming vendor or satellite broadcast programming vendor upon which a program access\n complaint is served under this section shall answer within twenty (20) days of service of the\n complaint, provided that the answer shall be filed within forty-five (45) days of service of the\n complaint if the complaint alleges a violation of section 628(b) of the Communications Act of 1934,\n as amended, or § 76.1001(a). To the extent that a cable operator, satellite cable programming vendor\n or satellite broadcast programming vendor expressly references and relies upon a document or\n documents in asserting a defense or responding to a material allegation, such document or\n documents shall be included as part of the answer.\n\n (2) An answer to an exclusivity complaint shall provide the defendant's reasons for refusing to sell the\n subject programming to the complainant. In addition, the defendant may submit its programming\n contracts covering the area specified in the complaint with its answer to refute allegations\n concerning the existence of an impermissible exclusive contract. If there are no contracts governing\n the specified area, the defendant shall so certify in its answer. Any contracts submitted pursuant to\n this provision may be protected as proprietary pursuant to § 76.9 of this part.\n\n (3) An answer to a discrimination complaint shall state the reasons for any differential in prices, terms\n or conditions between the complainant and its competitor, and shall specify the particular\n justification set forth in § 76.1002(b) of this part relied upon in support of the differential.\n\n (i) When responding to allegations concerning price discrimination, except in cases in which the\n alleged price differential is de minimis (less than or equal to five cents per subscriber or five\n percent, whichever is greater), the defendant shall provide documentary evidence to support\n any argument that the magnitude of the differential is not discriminatory.\n\n (ii) In cases involving a price differential of less than or equal to five cents per subscriber or five\n percent, whichever is greater, the answer shall identify the differential as de minimis and state\n that the defendant is therefore not required to justify the magnitude of the differential.\n\n (iii) If the defendant believes that the complainant and its competitor are not sufficiently similar, the\n answer shall set forth the reasons supporting this conclusion, and the defendant may submit\n an alternative contract for comparison with a similarly situated multichannel video\n programming distributor that uses the same distribution technology as the competitor selected\n\n47 CFR 76.1003(e)(3)(iii) (enhanced display) page 206 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1003(e)(4)\nMultichannel Video and Cable Television Service\n\n\n for comparison by the complainant. The answer shall state the defendant's reasons for any\n differential between the prices, terms and conditions between the complainant and such\n similarly situated distributor, and shall specify the particular justifications in § 76.1002(b) of\n this part relied upon in support of the differential. The defendant shall also provide with its\n answer written documentary evidence to support its justification of the magnitude of any price\n differential between the complainant and such similarly situated distributor that is not de\n minimis.\n\n (4) An answer to a complaint alleging an unreasonable refusal to sell programming shall state the\n defendant's reasons for refusing to sell to the complainant, or for refusing to sell to the complainant\n on the same terms and conditions as complainant's competitor, and shall specify why the\n defendant's actions are not discriminatory.\n\n (f) Reply. Within fifteen (15) days after service of an answer, unless otherwise directed by the Commission,\n the complainant may file and serve a reply which shall be responsive to matters contained in the answer\n and shall not contain new matters.\n\n (g) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one\n year of the date on which one of the following events occurs:\n\n (1) The satellite cable programming vendor, satellite broadcast programming vendor, or terrestrial cable\n programming vendor enters into a contract with the complainant that the complainant alleges to\n violate one or more of the rules contained in this subpart; or\n\n (2) The satellite cable programming vendor, satellite broadcast programming vendor, or terrestrial cable\n programming vendor offers to sell programming to the complainant pursuant to terms that the\n complainant alleges to violate one or more of the rules contained in this subpart, and such offer to\n sell programming is unrelated to any existing contract between the complainant and the satellite\n cable programming vendor, satellite broadcast programming vendor, or terrestrial cable\n programming vendor; or\n\n (3) A cable operator, or a satellite cable programming vendor or a satellite broadcast programming\n vendor has denied or failed to acknowledge a request to purchase or negotiate to purchase satellite\n cable programming, satellite broadcast programming, or terrestrial cable programming, or a request\n to amend an existing contract pertaining to such programming pursuant to § 76.1002(f), allegedly in\n violation of one or more of the rules contained in this subpart.\n\n (h) Remedies for violations —\n\n (1) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission,\n Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if\n necessary, the imposition of damages, and/or the establishment of prices, terms, and conditions for\n the sale of programming to the aggrieved multichannel video programming distributor. Such order\n shall set forth a timetable for compliance. Such order issued by the Commission or Commission\n staff shall be effective upon release. See §§ 1.102(b) and 1.103 of this chapter. The effective date of\n such order issued by the Administrative Law Judge is set forth in § 1.276(d) of this chapter.\n\n (2) Additional sanctions. The remedies provided in paragraph (h)(1) of this section are in addition to and\n not in lieu of the sanctions available under title V or any other provision of the Communications Act.\n\n (3) Imposition of damages.\n\n\n\n47 CFR 76.1003(h)(3) (enhanced display) page 207 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1003(h)(3)(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Bifurcation. In all cases in which damages are requested, the Commission may bifurcate the\n program access violation determination from any damage adjudication.\n\n (ii) Burden of proof. The burden of proof regarding damages rests with the complainant, who must\n demonstrate with specificity the damages arising from the program access violation. Requests\n for damages that grossly overstate the amount of damages may result in a Commission\n determination that the complainant failed to satisfy its burden of proof to demonstrate with\n specificity the damages arising from the program access violation.\n\n (iii) Damages adjudication.\n\n (A) The Commission may, in its discretion, end adjudication of damages with a written order\n determining the sufficiency of the damages computation submitted in accordance with\n paragraph (d)(3)(i) of this section or the damages computation methodology submitted in\n accordance with paragraph (d)(3)(ii)(D) of this section, modifying such computation or\n methodology, or requiring the complainant to resubmit such computation or methodology.\n\n (1) Where the Commission issues a written order approving or modifying a damages\n computation submitted in accordance with paragraph (d)(3)(i) of this section, the\n defendant shall recompense the complainant as directed therein.\n\n (2) Where the Commission issues a written order approving or modifying a damages\n computation methodology submitted in accordance with paragraph (d)(3)(ii)(D) of\n this section, the parties shall negotiate in good faith to reach an agreement on the\n exact amount of damages pursuant to the Commission-mandated methodology.\n\n (B) Within thirty days of the issuance of a paragraph (d)(3)(ii)(D) of this section damages\n methodology order, the parties shall submit jointly to the Commission either:\n\n (1) A statement detailing the parties' agreement as to the amount of damages;\n\n (2) A statement that the parties are continuing to negotiate in good faith and a request\n that the parties be given an extension of time to continue negotiations; or\n\n (3) A statement detailing the bases for the continuing dispute and the reasons why no\n agreement can be reached.\n\n (C)\n\n (1) In cases in which the parties cannot resolve the amount of damages within a\n reasonable time period, the Commission retains the right to determine the actual\n amount of damages on its own, or through the procedures described in paragraph\n (h)(3)(iii)(C)(2) of this section.\n\n (2) Issues concerning the amount of damages may be designated by the Chief, Media\n Bureau for hearing before, or, if the parties agree, submitted for mediation to, a\n Commission Administrative Law Judge.\n\n (D) Interest on the amount of damages awarded will accrue from either the date indicated in\n the Commission's written order issued pursuant to paragraph (h)(3)(iii)(A)(1) of this\n section or the date agreed upon by the parties as a result of their negotiations pursuant to\n paragraph (h)(3)(iii)(A)(2) of this section. Interest shall be computed at applicable rates\n published by the Internal Revenue Service for tax refunds.\n\n\n47 CFR 76.1003(h)(3)(iii)(D) (enhanced display) page 208 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1003(i)\nMultichannel Video and Cable Television Service\n\n\n (i) Alternative dispute resolution. Within 20 days of the close of the pleading cycle, the parties to the program\n access dispute may voluntarily engage in alternative dispute resolution, including commercial arbitration.\n The Commission will suspend action on the complaint if both parties agree to use alternative dispute\n resolution.\n\n (j) Discovery. In addition to the general pleading and discovery rules contained in § 76.7, parties to a program\n access complaint may serve requests for discovery directly on opposing parties, and file a copy of the\n request with the Commission. The respondent shall have the opportunity to object to any request for\n documents that are not in its control or relevant to the dispute or protected from disclosure by the\n attorney-client privilege, the work-product doctrine, or other recognized protections from disclosure. Such\n request shall be heard, and determination made, by the Commission. Until the objection is ruled upon, the\n obligation to produce the disputed material is suspended. Any party who fails to timely provide discovery\n requested by the opposing party to which it has not raised an objection as described above, or who fails\n to respond to a Commission order for discovery material, may be deemed in default and an order may be\n entered in accordance with the allegations contained in the complaint, or the complaint may be dismissed\n with prejudice.\n\n (k) Protective orders. In addition to the procedures contained in § 76.9 of this part related to the protection of\n confidential material, the Commission may issue orders to protect the confidentiality of proprietary\n information required to be produced for resolution of program access complaints. A protective order\n constitutes both an order of the Commission and an agreement between the party executing the\n protective order declaration and the party submitting the protected material. The Commission has full\n authority to fashion appropriate sanctions for violations of its protective orders, including but not limited\n to suspension or disbarment of attorneys from practice before the Commission, forfeitures, cease and\n desist orders, and denial of further access to confidential information in Commission proceedings.\n\n (l) Petitions for temporary standstill.\n\n (1) A program access complainant seeking renewal of an existing programming contract may file a\n petition along with its complaint requesting a temporary standstill of the price, terms, and other\n conditions of the existing programming contract pending resolution of the complaint. In addition to\n the requirements of § 76.7, the complainant shall have the burden of proof to demonstrate the\n following in its petition:\n\n (i) The complainant is likely to prevail on the merits of its complaint;\n\n (ii) The complainant will suffer irreparable harm absent a stay;\n\n (iii) Grant of a stay will not substantially harm other interested parties; and\n\n (iv) The public interest favors grant of a stay.\n\n (2) The defendant cable operator, satellite cable programming vendor or satellite broadcast\n programming vendor upon which a petition for temporary standstill is served shall answer within ten\n (10) days of service of the petition, unless otherwise directed by the Commission.\n\n (3) If the Commission grants the temporary standstill, the Commission's decision acting on the\n complaint will provide for remedies that make the terms of the new agreement between the parties\n retroactive to the expiration date of the previous programming contract.\n\n (m) Deadline for Media Bureau action on complaints alleging a denial of programming. For complaints alleging\n a denial of programming, the Chief, Media Bureau shall release a decision resolving the complaint within\n six (6) months from the date the complaint is filed.\n\n47 CFR 76.1003(m) (enhanced display) page 209 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1004\nMultichannel Video and Cable Television Service\n\n\n[64 FR 6572, Feb. 10, 1999, as amended at 67 FR 13235, Mar. 21, 2002; 72 FR 56661, Oct. 4, 2007; 75 FR 9724, Mar. 3, 2010; 77\nFR 66048, Oct. 31, 2012; 85 FR 81812, Dec. 17, 2020]\n\n\n§ 76.1004 Applicability of program access rules to common carriers and affiliates.\n (a) Any provision that applies to a cable operator under §§ 76.1000 through 76.1003 shall also apply to a\n common carrier or its affiliate that provides video programming by any means directly to subscribers. Any\n such provision that applies to a satellite cable programming vendor in which a cable operator has an\n attributable interest shall apply to any satellite cable programming vendor in which such common carrier\n has an attributable interest. For the purposes of this section, two or fewer common officers or directors\n shall not by itself establish an attributable interest by a common carrier in a satellite cable programming\n vendor (or its parent company) or a terrestrial cable programming vendor (or its parent company).\n\n (b) Sections 76.1002(c)(1) through (3) shall be applied to a common carrier or its affiliate that provides video\n programming by any means directly to subscribers as follows: No common carrier or its affiliate that\n provides video programming directly to subscribers shall engage in any practice or activity or enter into\n any understanding or arrangement, including exclusive contracts, with a satellite cable programming\n vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast\n programming that prevents a multichannel video programming distributor from obtaining such\n programming from any satellite cable programming vendor in which a common carrier or its affiliate has\n an attributable interest, or any satellite broadcasting vendor in which a common carrier or its affiliate has\n an attributable interest for distribution to persons in areas not served by a cable operator as of October 5,\n 1992.\n\n[61 FR 18980, Apr. 30, 1996, as amended at 61 FR 28708, June 5, 1996; 75 FR 9724, Mar. 3, 2010; 77 FR 66048, Oct. 31, 2012]\n\n\n§§ 76.1005-76.1010 [Reserved]\n\nSubpart P—Competitive Availability of Navigation Devices\n\nSource: 63 FR 38094, July 15, 1998, unless otherwise noted.\n\n\n\n§ 76.1200 Definitions.\nAs used in this subpart:\n\n (a) Multichannel video programming system. A distribution system that makes available for purchase, by\n customers or subscribers, multiple channels of video programming other than an open video system as\n defined by § 76.1500(a). Such systems include, but are not limited to, cable television systems, BRS/EBS\n systems, direct broadcast satellite systems, other systems for providing direct-to-home multichannel\n video programming via satellite, and satellite master antenna systems.\n\n (b) Multichannel video programming distributor. A person such as, but not limited to, a cable operator, a BRS/\n EBS provider, a direct broadcast satellite service, or a television receive-only satellite program distributor,\n who owns or operates a multichannel video programming system.\n\n (c) Navigation devices. Devices such as converter boxes, interactive communications equipment, and other\n equipment used by consumers to access multichannel video programming and other services offered\n over multichannel video programming systems.\n47 CFR 76.1200(c) (enhanced display) page 210 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1200(d)\nMultichannel Video and Cable Television Service\n\n\n (d) Affiliate. A person or entity that (directly or indirectly) owns or controls, is owned or controlled by, or is\n under common ownership or control with, another person, as defined in the notes accompanying §\n 76.501.\n\n (e) Conditional access. The mechanisms that provide for selective access and denial of specific services and\n make use of signal security that can prevent a signal from being received except by authorized users.\n\n[63 FR 38094, July 15, 1998, as amended at 69 FR 72046, Dec. 10, 2004]\n\n\n§ 76.1201 Rights of subscribers to use or attach navigation devices.\nNo multichannel video programming distributor shall prevent the connection or use of navigation devices to or with\nits multichannel video programming system, except in those circumstances where electronic or physical harm\nwould be caused by the attachment or operation of such devices or such devices may be used to assist or are\nintended or designed to assist in the unauthorized receipt of service.\n\n§ 76.1202 Availability of navigation devices.\nNo multichannel video programming distributor shall by contract, agreement, patent right, intellectual property right\nor otherwise prevent navigation devices that do not perform conditional access or security functions from being\nmade available to subscribers from retailers, manufacturers, or other vendors that are unaffiliated with such owner\nor operator, subject to § 76.1209.\n\n§ 76.1203 Incidence of harm.\nA multichannel video programming distributor may restrict the attachment or use of navigation devices with its\nsystem in those circumstances where electronic or physical harm would be caused by the attachment or operation\nof such devices or such devices that assist or are intended or designed to assist in the unauthorized receipt of\nservice. Such restrictions may be accomplished by publishing and providing to subscribers standards and\ndescriptions of devices that may not be used with or attached to its system. Such standards shall foreclose the\nattachment or use only of such devices as raise reasonable and legitimate concerns of electronic or physical harm\nor theft of service. In any situation where theft of service or harm occurs or is likely to occur, service may be\ndiscontinued.\n\n§ 76.1204 Availability of equipment performing conditional access or security functions.\n (a)\n\n (1) A multichannel video programming distributor that utilizes Navigation Devices to perform conditional\n access functions shall make available equipment that incorporates only the conditional access\n functions of such devices.\n\n (2) The foregoing requirement shall not apply to a multichannel video programming distributor that\n supports the active use by subscribers of Navigation Devices that:\n\n (i) Operate throughout the continental United States, and\n\n (ii) Are available from retail outlets and other vendors throughout the United States that are not\n affiliated with the owner or operator of the multichannel video programming system.\n\n\n\n\n47 CFR 76.1204(a)(2)(ii) (enhanced display) page 211 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1204(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Conditional access function equipment made available pursuant to paragraph (a)(1) of this section shall\n be designed to connect to and function with other Navigation Devices available through the use of a\n commonly used interface or an interface that conforms to appropriate technical standards promulgated\n by a national standards organization.\n\n (c) No multichannel video programming distributor shall by contract, agreement, patent, intellectual property\n right or otherwise preclude the addition of features or functions to the equipment made available\n pursuant to this section that are not designed, intended or function to defeat the conditional access\n controls of such devices or to provide unauthorized access to service.\n\n (d) Notwithstanding the foregoing, Navigation Devices need not be made available pursuant to this section\n where:\n\n (1) It is not reasonably feasible to prevent such devices from being used for the unauthorized reception\n of service; or\n\n (2) It is not reasonably feasible to separate conditional access from other functions without jeopardizing\n security.\n\n (e) Paragraphs (a)(1), (b), and (c) of this section shall not apply to the provision of any Navigation Device that:\n\n (1) Employs conditional access mechanisms only to access analog video programming;\n\n (2) Is capable only of providing access to analog video programming offered over a multichannel video\n programming distribution system; and\n\n (3) Does not provide access to any digital transmission of multichannel video programming or any other\n digital service through any receiving, decoding, conditional access, or other function, including any\n conversion of digital programming or service to an analog format.\n\n[81 FR 13997, Mar. 16, 2016]\n\n\n§ 76.1205 Availability of interface information.\nTechnical information concerning interface parameters that are needed to permit navigation devices to operate with\nmultichannel video programming systems shall be provided by the system operator upon request in a timely\nmanner.\n\n[85 FR 78239, Dec. 4, 2020]\n\n\n§ 76.1206 Equipment sale or lease charge subsidy prohibition.\nMultichannel video programming distributors offering navigation devices subject to the provisions of § 76.923 for\nsale or lease directly to subscribers, shall adhere to the standards reflected therein relating to rates for equipment\nand installation and shall separately state the charges to consumers for such services and equipment.\n\n§ 76.1207 Waivers.\nThe Commission may waive a regulation adopted under this subpart for a limited time, upon an appropriate\nshowing by a provider of multichannel video programming and other services offered over multichannel video\nprogramming systems, or an equipment provider that such a waiver is necessary to assist the development or\n\n\n\n47 CFR 76.1207 (enhanced display) page 212 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1208\nMultichannel Video and Cable Television Service\n\n\nintroduction of a new or improved multichannel video programming or other service offered over multichannel video\nprogramming systems, technology, or products. Such waiver requests should be made pursuant to § 76.7. Such a\nwaiver shall be effective for all service providers and products in the category in which the waiver is granted.\n\n§ 76.1208 Sunset of regulations.\nThe regulations adopted under this subpart shall cease to apply when the Commission determines that (1) the\nmarket for multichannel video distributors is fully competitive; (2) the market for converter boxes, and interactive\ncommunications equipment, used in conjunction with that service is fully competitive; and (3) elimination of the\nregulations would promote competition and the public interest. Any interested party may petition the Commission\nfor such a determination.\n\n§ 76.1209 Theft of service.\nNothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment\nthat would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of\nmultichannel video programming service.\n\n§ 76.1210 Effect on other rules.\nNothing in this subpart affects § 64.702(d) of the Commission's regulations or other Commission regulations\ngoverning interconnection and competitive provision of customer premises equipment used in connection with\nbasic common carrier communications services.\n\nSubpart Q—Regulation of Carriage Agreements\n\nSource: 58 FR 60395, Nov. 16, 1993, unless otherwise noted.\n\n\n\n§ 76.1300 Definitions.\nAs used in this subpart:\n\n (a) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in\n the other or if a third party has an attributable interest in both entities.\n\n (b) Attributable interest. The term “attributable interest” shall be defined by reference to the criteria set forth\n in Notes 1 through 5 to § 76.501 provided, however, that:\n\n (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and\n\n (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting\n stock or limited partnership equity interests of five (5) percent or more.\n\n (c) Buying groups. The term “buying group” or “agent,” for purposes of the definition of a multichannel video\n programming distributor set forth in paragraph (e) of this section, means an entity representing the\n interests of more than one entity distributing multichannel video programming that:\n\n (1) Agrees to be financially liable for any fees due pursuant to a satellite cable programming, or satellite\n broadcast programming, contract which it signs as a contracting party as a representative of its\n members or whose members, as contracting parties, agree to joint and several liability; and\n\n47 CFR 76.1300(c)(1) (enhanced display) page 213 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1300(c)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Agrees to uniform billing and standardized contract provisions for individual members; and\n\n (3) Agrees either collectively or individually on reasonable technical quality standards for the individual\n members of the group.\n\n (d) Multichannel video programming distributor. The term “multichannel video programming distributor”\n means an entity engaged in the business of making available for purchase, by subscribers or customers,\n multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a\n BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program\n distributor, and a satellite master antenna television system operator, as well as buying groups or agents\n of all such entities.\n\n (e) Video programming vendor. The term “video programming vendor” means a person engaged in the\n production, creation, or wholesale distribution of video programming for sale.\n\n[58 FR 60395, Nov. 16, 1993, as amended at 64 FR 67197, Dec. 1, 1999; 69 FR 72046, Dec. 10, 2004]\n\n\n§ 76.1301 Prohibited practices.\n (a) Financial interest. No cable operator or other multichannel video programming distributor shall require a\n financial interest in any program service as a condition for carriage on one or more of such operator's/\n provider's systems.\n\n (b) Exclusive rights. No cable operator or other multichannel video programming distributor shall coerce any\n video programming vendor to provide, or retaliate against such a vendor for failing to provide, exclusive\n rights against any other multichannel video programming distributor as a condition for carriage on a\n system.\n\n (c) Discrimination. No multichannel video programming distributor shall engage in conduct the effect of\n which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly\n by discriminating in video programming distribution on the basis of affiliation or non-affiliation of vendors\n in the selection, terms, or conditions for carriage of video programming provided by such vendors.\n\n§ 76.1302 Carriage agreement proceedings.\n (a) Complaints. Any video programming vendor or multichannel video programming distributor aggrieved by\n conduct that it believes constitute a violation of the regulations set forth in this subpart may commence\n an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a\n complaint. The complaint shall be filed and responded to in accordance with the procedures specified in §\n 76.7 of this part with the following additions or changes:\n\n (b) Prefiling notice required. Any aggrieved video programming vendor or multichannel video programming\n distributor intending to file a complaint under this section must first notify the potential defendant\n multichannel video programming distributor that it intends to file a complaint with the Commission based\n on actions alleged to violate one or more of the provisions contained in § 76.1301 of this part. The notice\n must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential\n complaint. The potential complainant must allow a minimum of ten (10) days for the potential\n defendant(s) to respond before filing a complaint with the Commission.\n\n (c) Contents of complaint. In addition to the requirements of § 76.7, a carriage agreement complaint shall\n contain:\n\n\n47 CFR 76.1302(c) (enhanced display) page 214 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1302(c)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Whether the complainant is a multichannel video programming distributor or video programming\n vendor, and, in the case of a multichannel video programming distributor, identify the type of\n multichannel video programming distributor, the address and telephone number of the complainant,\n what type of multichannel video programming distributor the defendant is, and the address and\n telephone number of each defendant;\n\n (2) Evidence that supports complainant's belief that the defendant, where necessary, meets the\n attribution standards for application of the carriage agreement regulations;\n\n (3) The complaint must be accompanied by appropriate evidence demonstrating that the required\n notification pursuant to paragraph (b) of this section has been made.\n\n (d) Prima facie case. In order to establish a prima facie case of a violation of § 76.1301, the complaint must\n contain evidence of the following:\n\n (1) The complainant is a video programming vendor as defined in section 616(b) of the Communications\n Act of 1934, as amended, and § 76.1300(e) or a multichannel video programming distributor as\n defined in section 602(13) of the Communications Act of 1934, as amended, and § 76.1300(d);\n\n (2) The defendant is a multichannel video programming distributor as defined in section 602(13) of the\n Communications Act of 1934, as amended, and § 76.1300(d); and\n\n (3)\n\n (i) Financial interest. In a complaint alleging a violation of § 76.1301(a), documentary evidence or\n testimonial evidence (supported by an affidavit from a representative of the complainant) that\n supports the claim that the defendant required a financial interest in any program service as a\n condition for carriage on one or more of such defendant's systems.\n\n (ii) Exclusive rights. In a complaint alleging a violation of § 76.1301(b), documentary evidence or\n testimonial evidence (supported by an affidavit from a representative of the complainant) that\n supports the claim that the defendant coerced a video programming vendor to provide, or\n retaliated against such a vendor for failing to provide, exclusive rights against any other\n multichannel video programming distributor as a condition for carriage on a system.\n\n (iii) Discrimination. In a complaint alleging a violation of § 76.1301(c):\n\n (A) Evidence that the conduct alleged has the effect of unreasonably restraining the ability of\n an unaffiliated video programming vendor to compete fairly; and\n\n (B)\n\n (1) Documentary evidence or testimonial evidence (supported by an affidavit from a\n representative of the complainant) that supports the claim that the defendant\n discriminated in video programming distribution on the basis of affiliation or non-\n affiliation of vendors in the selection, terms, or conditions for carriage of video\n programming provided by such vendors; or\n\n (2)\n\n (i) Evidence that the complainant provides video programming that is similarly\n situated to video programming provided by a video programming vendor\n affiliated (as defined in § 76.1300(a)) with the defendant multichannel video\n\n\n\n47 CFR 76.1302(d)(3)(iii)(B)(2)(i) (enhanced display) page 215 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1302(d)(3)(iii)(B)(2)(ii)\nMultichannel Video and Cable Television Service\n\n\n programming distributor, based on a combination of factors, such as genre,\n ratings, license fee, target audience, target advertisers, target programming, and\n other factors; and\n\n (ii) Evidence that the defendant multichannel video programming distributor has\n treated the video programming provided by the complainant differently than the\n similarly situated, affiliated video programming described in paragraph\n (d)(3)(iii)(B)(2)(i) of this section with respect to the selection, terms, or\n conditions for carriage.\n\n (e) Answer.\n\n (1) Any multichannel video programming distributor upon which a carriage agreement complaint is\n served under this section shall answer within sixty (60) days of service of the complaint, unless\n otherwise directed by the Commission.\n\n (2) The answer shall address the relief requested in the complaint, including legal and documentary\n support, for such response, and may include an alternative relief proposal without any prejudice to\n any denials or defenses raised.\n\n (f) Reply. Within twenty (20) days after service of an answer, unless otherwise directed by the Commission,\n the complainant may file and serve a reply which shall be responsive to matters contained in the answer\n and shall not contain new matters.\n\n (g) Prima facie determination.\n\n (1) Within sixty (60) calendar days after the complainant's reply to the defendant's answer is filed (or the\n date on which the reply would be due if none is filed), the Chief, Media Bureau shall release a\n decision determining whether the complainant has established a prima facie case of a violation of §\n 76.1301.\n\n (2) The Chief, Media Bureau may toll the sixty (60)-calendar-day deadline under the following\n circumstances:\n\n (i) If the complainant and defendant jointly request that the Chief, Media Bureau toll these\n deadlines in order to pursue settlement discussions or alternative dispute resolution or for any\n other reason that the complainant and defendant mutually agree justifies tolling; or\n\n (ii) If complying with the deadline would violate the due process rights of a party or would be\n inconsistent with fundamental fairness.\n\n (3) A finding that the complainant has established a prima facie case of a violation of § 76.1301 means\n that the complainant has provided sufficient evidence in its complaint to allow the case to proceed\n to a ruling on the merits.\n\n (4) If the Chief, Media Bureau finds that the complainant has not established a prima facie case of a\n violation of § 76.1301, the Chief, Media Bureau will dismiss the complaint.\n\n (h) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one\n year of the date on which one of the following events occurs:\n\n (1) The multichannel video programming distributor enters into a contract with a video programming\n vendor that a party alleges to violate one or more of the rules contained in this section; or\n\n\n\n47 CFR 76.1302(h)(1) (enhanced display) page 216 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1302(h)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The multichannel video programming distributor offers to carry the video programming vendor's\n programming pursuant to terms that a party alleges to violate one or more of the rules contained in\n this section, and such offer to carry programming is unrelated to any existing contract between the\n complainant and the multichannel video programming distributor; or\n\n (3) In instances where there is no existing contract or an offer for carriage, or in instances where a party\n seeks renewal of an existing contract, the multichannel video programming distributor has denied or\n failed to acknowledge a request by a video programming vendor for carriage or to negotiate for\n carriage of that video programming vendor's programming on defendant's distribution system,\n allegedly in violation of one or more of the rules contained in this section.\n\n (i) Deadline for decision on the merits.\n\n (1)\n\n (i) For program carriage complaints that the Chief, Media Bureau decides on the merits based on\n the complaint, answer, and reply without discovery, the Chief, Media Bureau shall release a\n decision on the merits within sixty (60) calendar days after the Chief, Media Bureau's prima\n facie determination.\n\n (ii) For program carriage complaints that the Chief, Media Bureau decides on the merits after\n discovery, the Chief, Media Bureau shall release a decision on the merits within 150 calendar\n days after the Chief, Media Bureau's prima facie determination.\n\n (iii) The Chief, Media Bureau may toll these deadlines under the following circumstances:\n\n (A) If the complainant and defendant jointly request that the Chief, Media Bureau toll these\n deadlines in order to pursue settlement discussions or alternative dispute resolution or for\n any other reason that the complainant and defendant mutually agree justifies tolling; or\n\n (B) If complying with the deadline would violate the due process rights of a party or would be\n inconsistent with fundamental fairness.\n\n (2) For program carriage complaints that the Chief, Media Bureau refers to an administrative law judge\n for an initial decision, the deadlines set forth in § 0.341(g) of this chapter apply.\n\n (j) Remedies for violations—\n\n (1) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission,\n Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if\n necessary, mandatory carriage of a video programming vendor's programming on defendant's video\n distribution system, or the establishment of prices, terms, and conditions for the carriage of a video\n programming vendor's programming. Such order shall set forth a timetable for compliance. The\n effective date of such order issued by the Administrative Law Judge is set forth in § 1.276(d) of this\n chapter. Such order issued by the Commission or Commission staff shall become effective upon\n release, see §§ 1.102(b) and 1.103 of this chapter, unless any order of mandatory carriage issued by\n the staff would require the defendant multichannel video programming distributor to delete existing\n programming from its system to accommodate carriage of a video programming vendor's\n programming. In such instances, if the defendant seeks review of the staff decision, the order for\n carriage of a video programming vendor's programming will not become effective unless and until\n the decision of the staff is upheld by the Commission. If the Commission upholds the remedy\n ordered by the staff or Administrative Law Judge in its entirety, the defendant MVPD will be required\n\n\n47 CFR 76.1302(j)(1) (enhanced display) page 217 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1302(j)(2)\nMultichannel Video and Cable Television Service\n\n\n to carry the video programming vendor's programming for an additional period equal to the time\n elapsed between the staff or Administrative Law Judge decision and the Commission's ruling, on the\n terms and conditions approved by the Commission.\n\n (2) Additional sanctions. The remedies provided in paragraph (j)(1) of this section are in addition to and\n not in lieu of the sanctions available under title V or any other provision of the Communications Act.\n\n (k) Petitions for temporary standstill.\n\n (1) A program carriage complainant seeking renewal of an existing programming contract may file a\n petition along with its complaint requesting a temporary standstill of the price, terms, and other\n conditions of the existing programming contract pending resolution of the complaint. To allow for\n sufficient time to consider the petition for temporary standstill prior to the expiration of the existing\n programming contract, the petition for temporary standstill and complaint shall be filed no later than\n thirty (30) days prior to the expiration of the existing programming contract. In addition to the\n requirements of § 76.7, the complainant shall have the burden of proof to demonstrate the following\n in its petition:\n\n (i) The complainant is likely to prevail on the merits of its complaint;\n\n (ii) The complainant will suffer irreparable harm absent a stay;\n\n (iii) Grant of a stay will not substantially harm other interested parties; and\n\n (iv) The public interest favors grant of a stay.\n\n (2) The defendant multichannel video programming distributor upon which a petition for temporary\n standstill is served shall answer within ten (10) days of service of the petition, unless otherwise\n directed by the Commission.\n\n (3) If the Commission grants the temporary standstill, the adjudicator deciding the case on the merits\n (i.e., either the Chief, Media Bureau or an administrative law judge) will provide for remedies that are\n applied as of the expiration date of the previous programming contract.\n\n[64 FR 6574, Feb. 10, 1999, as amended at 76 FR 60673, Sept. 29, 2011; 85 FR 63185, Oct. 6, 2020; 85 FR 81812, Dec. 17, 2020]\n\n\n§§ 76.1303-76.1305 [Reserved]\n\nSubpart R—Telecommunications Act Implementation\n\nSource: 61 FR 18980, Apr. 30, 1996, unless otherwise noted.\n\n\n\n§ 76.1400 Purpose.\nThe rules and regulations set forth in this subpart provide procedures for administering certain aspects of cable\nregulation. These rules and regulations provide guidance for operators, subscribers and franchise authorities with\nrespect to matters that are subject to immediate implementation under governing statutes but require specific\nregulatory procedures or definitions.\n\n\n\n\n47 CFR 76.1400 (enhanced display) page 218 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1404\nMultichannel Video and Cable Television Service\n\n\n§ 76.1404 Use of cable facilities by local exchange carriers.\n (a) For purposes of § 76.505(d)(2), the Commission will determine whether use of a cable operator's facilities\n by a local exchange carrier is reasonably limited in scope and duration according to the procedures in\n paragraph (b) of this section.\n\n (b) Based on the record created by § 76.1617 of the rules, the Commission shall determine whether the local\n exchange carrier's use of that part of the transmission facilities of a cable system extending from the last\n multi-use terminal to the premises of the end user is reasonably limited in scope and duration. In making\n this determination, the Commission will evaluate whether the proposed joint use of cable facilities\n promotes competition in both services and facilities, and encourages long-term investment in\n telecommunications infrastructure.\n\n[65 FR 53617, Sept. 5, 2000]\n\n\nSubpart S—Open Video Systems\n\nSource: 61 FR 28708, June 5, 1996, unless otherwise noted.\n\n\n\n§ 76.1500 Definitions.\n (a) Open video system. A facility consisting of a set of transmission paths and associated signal generation,\n reception, and control equipment that is designed to provide cable service which includes video\n programming and which is provided to multiple subscribers within a community, provided that the\n Commission has certified that such system complies with this part.\n\n (b) Open video system operator (operator). Any person or group of persons who provides cable service over\n an open video system and directly or through one or more affiliates owns a significant interest in such\n open video system, or otherwise controls or is responsible for the management and operation of such an\n open video system.\n\n (c) Video programming provider. Any person or group of persons who has the right under the copyright laws\n to select and contract for carriage of specific video programming on an open video system.\n\n (d) Activated channels. This term shall have the same meaning as provided in the cable television rules, 47\n CFR 76.5(nn).\n\n (e) Shared channel. Any channel that carries video programming that is selected by more than one video\n programming provider and offered to subscribers.\n\n (f) Cable service. This term shall have the same meaning as provided in the cable television rules, 47 CFR\n 76.5(ff).\n\n (g) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in\n the other or if a third party has an attributable interest in both entities.\n\n (h) Attributable Interest. The term “attributable interest” shall be defined by reference to the criteria set forth\n in Notes 1 through 5 to § 76.501 provided, however, that:\n\n (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and\n\n\n\n47 CFR 76.1500(h)(1) (enhanced display) page 219 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1500(h)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting\n stock or limited partnership equity interests of five (5) percent or more.\n\n (i) Other terms. Unless otherwise expressly stated, words not defined in this part shall be given their meaning\n as used in Title 47 of the United States Code, as amended, and, if not defined therein, their meaning as\n used in Part 47 of the Code of Federal Regulations.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43175, Aug. 21, 1996; 64 FR 67197, Dec. 1, 1999]\n\n\n§ 76.1501 Qualifications to be an open video system operator.\nAny person may obtain a certification to operate an open video system pursuant to Section 653(a)(1) of the\nCommunications Act, 47 U.S.C. 573(a)(1), except that an operator of a cable system may not obtain such\ncertification within its cable service area unless it is subject to “effective competition” as defined in Section\n623(l)(1) of the Communications Act, 47 U.S.C. 543(l)(1). The effective competition requirement of the preceding\nsentence does not apply to a local exchange carrier that is also a cable operator that seeks open video system\ncertification within its cable service area. A cable operator that is not subject to effective competition within its\ncable service area may file a petition with the Commission, seeking a finding that particular circumstances exist\nthat make it consistent with the public interest, convenience, and necessity to allow the operator to convert its cable\nsystem to an open video system. Nothing herein shall be construed to affect the terms of any franchising\nagreement or other contractual agreement.\n\n[65 FR 376, Jan. 5, 2000]\n\n\n§ 76.1502 Certification.\n (a) An operator of an open video system must certify to the Commission that it will comply with the\n Commission's regulations in 47 CFR 76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513. The\n Commission must approve such certification prior to the commencement of service at such a point in\n time that would allow the applicant sufficient time to comply with the Commission's notification\n requirements.\n\n (b) Certifications must be verified by an officer or director of the applicant, stating that, to the best of his or\n her information and belief, the representations made therein are accurate.\n\n (c) Certifications must be filed on FCC Form 1275 and must include:\n\n (1) The applicant's name, address and telephone number;\n\n (2) A statement of ownership, including all affiliated entities;\n\n (3) If the applicant is a cable operator applying for certification in its cable franchise area, a statement\n that the applicant is qualified to operate an open video system under Section 76.1501.\n\n (4) A statement that the applicant agrees to comply and to remain in compliance with each of the\n Commission's regulations in §§ 76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513;\n\n (5) If the applicant is required under 47 CFR 64.903(a) of this chapter to file a cost allocation manual, a\n statement that the applicant will file changes to its manual at least 60 days before the\n commencement of service;\n\n (6) A list of the names of the anticipated local communities to be served upon completion of the\n system;\n47 CFR 76.1502(c)(6) (enhanced display) page 220 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1502(c)(7)\nMultichannel Video and Cable Television Service\n\n\n (7) The anticipated amount and type (i.e., analog or digital) of capacity (for switched digital systems, the\n anticipated number of available channel input ports); and\n\n (8) A statement that the applicant will comply with the Commission's notice and enrollment\n requirements for unaffiliated video programming providers.\n\n (d)\n\n (1) All open video system certification applications, including FCC Form 1275 and all attachments, must\n be filed via electronic mail (email) at the following address: OVS@fcc.gov. The subject line shall read\n “Open Video System Certification Application.” Open video system certification applications will not\n be considered properly filed unless filed as described in this paragraph (d).\n\n (2) On or before the date an FCC Form 1275 is filed with the Commission, the applicant must serve a\n copy of its filing on all local communities identified pursuant to paragraph (c)(6) of this section and\n must include a statement informing the local communities of the Commission's requirements in\n paragraph (e) of this section for filing oppositions and comments. Service by mail is complete upon\n mailing, but if mailed, the served documents must be postmarked at least 3 days prior to the filing of\n the FCC Form 1275 with the Commission.\n\n (e)\n\n (1) Comments or oppositions to a certification must be filed within five calendar days of the\n Commission's receipt of the certification and must be served on the party that filed the certification.\n If, after making the necessary calculations, the due date for filing comments falls on a holiday,\n comments shall be filed on the next business day before noon, unless the nearest business day\n precedes the fifth calendar day following a filing, in which case the comments will be due on the\n preceding business day. For example, if the fifth day falls on a Saturday, then the filing would be due\n on that preceding Friday. However, if the fifth day falls on Sunday, then the filing will be due on the\n next day, Monday, before noon (or Tuesday, before noon if the Monday is a holiday).\n\n (2) Parties wishing to respond to a FCC Form 1275 filing must submit comments or oppositions via\n electronic mail (email) at the following address: OVS@fcc.gov. The subject line shall read “Open\n Video System Certification Application Comments.” Comments and oppositions will not be\n considered properly filed unless filed as described in this paragraph (e).\n\n (f) If the Commission does not disapprove the certification application within ten days after receipt of an\n applicant's request, the certification application will be deemed approved. If disapproved, the applicant\n may file a revised certification or refile its original submission with a statement addressing the issues in\n dispute in accordance with the procedures described in paragraph (d) of this section. Such refilings must\n be served on any objecting party or parties and on all local communities in which the applicant intends to\n operate pursuant to instructions in paragraph (d)(2) of this section. The Commission will consider any\n revised or refiled FCC Form 1275 to be a new proceeding and any party who filed comments regarding the\n original FCC Form 1275 will have to refile their original comments if they think such comments should be\n considered in the subsequent proceeding.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43175, Aug. 21, 1996; 62 FR 26238, May 13, 1997; 63 FR 31934, June 11, 1998;\n65 FR 377, Jan. 5, 2000; 67 FR 13235, Mar. 21, 2002; 83 FR 61136, Nov. 28, 2018]\n\n\n\n\n47 CFR 76.1502(f) (enhanced display) page 221 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1503\nMultichannel Video and Cable Television Service\n\n\n§ 76.1503 Carriage of video programming providers on open video systems.\n (a) Non-discrimination principle. Except as otherwise permitted in applicable law or in this part, an operator of\n an open video system shall not discriminate among video programming providers with regard to carriage\n on its open video system, and its rates, terms and conditions for such carriage shall be just and\n reasonable and not unjustly or unreasonably discriminatory.\n\n (b) Demand for carriage. An operator of an open video system shall solicit and determine the level of demand\n for carriage on the system among potential video programming providers in a non-discriminatory manner.\n\n (1) Notification. An open video system operator shall file a “Notice of Intent” to establish an open video\n system, which the Commission will release in a Public Notice. The Notice of Intent must be filed via\n electronic mail (email) at the following address: OVS@fcc.gov. The subject line shall read “Open\n Video System Notice of Intent.” An Open Video system notice of intent will not be considered\n properly filed unless filed as described in this paragraph (b). This Notice of Intent shall include the\n following information:\n\n (i) A heading clearly indicating that the document is a Notice of Intent to establish an open video\n system;\n\n (ii) The name, address and telephone number of the open video system operator;\n\n (iii) A description of the system's projected service area;\n\n (iv) A description of the system's projected channel capacity, in terms of analog, digital and other\n type(s) of capacity upon activation of the system;\n\n (v) A description of the steps a potential video programming provider must follow to seek carriage\n on the open video system, including the name, address and telephone number of a person to\n contact for further information;\n\n (vi) The starting and ending dates of the initial enrollment period for video programming providers;\n\n (vii) The process for allocating the system's channel capacity, in the event that demand for carriage\n on the system exceeds the system's capacity; and\n\n (viii) A certification that the operator has complied with all relevant notification requirements under\n the Commission's open video system regulations concerning must-carry and retransmission\n consent (§ 76.1506), including a list of all local commercial and non-commercial television\n stations served, and a certificate of service showing that the Notice of Intent has been served\n on all local cable franchising authorities entitled to establish requirements concerning the\n designation of channels for public, educational and governmental use.\n\n (2) Information. An open video system operator shall provide the following information to a video\n programming provider within five business days of receiving a written request from the provider,\n unless otherwise included in the Notice of Intent:\n\n (i) The projected activation date of the open video system. If a system is to be activated in stages,\n the operator should describe the respective stages and the projected dates on which each\n stage will be activated;\n\n (ii) A preliminary carriage rate estimate;\n\n (iii) The information a video programming provider will be required to provide to qualify as a video\n programming provider, e.g., creditworthiness;\n47 CFR 76.1503(b)(2)(iii) (enhanced display) page 222 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1503(b)(2)(iv)\nMultichannel Video and Cable Television Service\n\n\n (iv) Technical information that is reasonably necessary for potential video programming providers\n to assess whether to seek capacity on the open video system, including what type of customer\n premises equipment subscribers will need to receive service;\n\n (v) Any transmission or reception equipment needed by a video programming provider to interface\n successfully with the open video system; and\n\n (vi) The equipment available to facilitate the carriage of unaffiliated video programming and the\n electronic form(s) that will be accepted for processing and subsequent transmission through\n the system.\n\n (3) Qualifications of video programming providers. An open video system operator may impose\n reasonable, non-discriminatory requirements to assure that a potential video programming provider\n is qualified to obtain capacity on the open video system.\n\n (c) One-third limit. If carriage demand by video programming providers exceeds the activated channel\n capacity of the open video system, the operator of the open video system and its affiliated video\n programming providers may not select the video programming services for carriage on more than one-\n third of the activated channel capacity on such system.\n\n (1) Measuring capacity. For purposes of this section:\n\n (i) If an open video system carries both analog and digital signals, an open video system operator\n shall measure analog and digital activated channel capacity independently;\n\n (ii) Channels that an open video system is required to carry pursuant to the Commission's\n regulations concerning public, educational and governmental channels and must-carry\n channels shall be included in “activated channel capacity” for purposes of calculating the one-\n third of such capacity on which the open video system operator and its affiliates are allowed to\n select the video programming for carriage. Such channels shall not be included in the one-third\n of capacity on which the open video system operator is permitted to select programming where\n demand for carriage exceeds system capacity;\n\n (iii) Channels that an open video system operator carries pursuant to the Commission's regulations\n concerning retransmission consent shall be included in “activated channel capacity” for\n purposes of calculating the one-third of such capacity on which the open video system operator\n and its affiliates are allowed to select the video programming for carriage. Such channels shall\n be included in the one-third of capacity on which the open video system operator is permitted\n to select programming, where demand for carriage exceeds system capacity, to the extent that\n the channels are carried as part of the programming service of the operator or its affiliate,\n subject to paragraph (c)(1)(iv); and\n\n (iv) Any channel on which shared programming is carried shall be included in “activated channel\n capacity” for purposes of calculating the one-third of such capacity on which the open video\n system operator and its affiliates are allowed to select the video programming for carriage.\n Such channels shall be included in the one-third of capacity on which the open video system\n operator is permitted to select programming, where demand for carriage exceeds system\n capacity, to the extent the open video system operator or its affiliate is one of the video\n programming providers sharing such channel.\n\n\n Note to paragraph (c)(1)(iv): For example, if the open video system operator and two\n\n\n47 CFR 76.1503(c)(1)(iv) (enhanced display) page 223 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1503(c)(2)\nMultichannel Video and Cable Television Service\n\n\n\n unaffiliated video programming providers each carry a programming service that is\n placed on a shared channel, the shared channel shall count as 0.33 channels against the\n one-third amount of capacity allocable to the open video system operator, where\n demand for carriage exceeds system capacity.\n\n (2) Allocating capacity. An operator of an open video system shall allocate activated channel capacity\n through a fair, open and non-discriminatory process; the process must be insulated from any bias of\n the open video system operator and verifiable.\n\n (i) If an open video system carries both analog and digital signals, an open video system operator\n shall treat analog and digital capacity separately in allocating system capacity.\n\n (ii) Subsequent changes in capacity or demand. An open video system operator must allocate open\n capacity, if any, at least once every three years, beginning three years from the date of service\n commencement. Open capacity shall be allocated in accordance with this section. Open\n capacity shall include all capacity that becomes available during the course of the three-year\n period, as well as capacity in excess of one-third of the system's activated channel capacity on\n which the operator of the open video system or its affiliate selects programming.\n\n\n Note 1 to paragraph (c)(2)(ii): An open video system operator will not be required to\n comply with the regulations contained in this section if there is no open capacity to be\n allocated at the end of the three year period.\n\n\n Note 2 to paragraph (c)(2)(ii): An open video system operator shall be required to\n accommodate changes in obligations concerning public, educational or governmental\n channels or must-carry channels in accordance with Sections 611, 614 and 615 of the\n Communications Act and the regulations contained in this part.\n\n\n Note 3 to paragraph (c)(2)(ii): An open video system operator shall be required to comply\n with the recordkeeping requirements of § 76.1712.\n\n (iii) Channel sharing. An open video system operator may carry on only one channel any video\n programming service that is offered by more than one video programming provider (including\n the operator's video programming affiliate), provided that subscribers have ready and\n immediate access to any such programming service. Nothing in this section shall be construed\n to impair the rights of programming services.\n\n\n Note 1 to paragraph (c)(2)(iii): An open video system operator may implement channel\n sharing only after it becomes apparent that one or more video programming services will\n be offered by multiple video programming providers. An open video system operator\n may not select, in advance of any duplication among video programming providers,\n which programming services shall be placed on shared channels.\n\n\n47 CFR 76.1503(c)(2)(iii) (enhanced display) page 224 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1503(c)(2)(iv)\nMultichannel Video and Cable Television Service\n\n\n\n Note 2 to paragraph (c)(2)(iii): Each video programming provider offering a programming\n service that is carried on a shared channel must have the contractual permission of the\n video programming service to offer the service to subscribers. The placement of a\n programming service on a shared channel, however, is not subject to the approval of the\n video programming service or vendor.\n\n\n Note 3 to paragraph (c)(2)(iii): Ready and immediate access in this context means that\n the channel sharing is “transparent” to subscribers.\n\n (iv) Open video system operator discretion. Notwithstanding the foregoing, an operator of an open\n video system may:\n\n (A) Require video programming providers to request and obtain system capacity in increments\n of no less than one full-time channel; however, an operator of an open video system may\n not require video programming providers to obtain capacity in increments of more than\n one full-time channel;\n\n (B) Limit video programming providers from selecting the programming on more capacity\n than the amount of capacity on which the system operator and its affiliates are selecting\n the programming for carriage; and\n\n (v) Notwithstanding the general prohibition on an open video system operator's discrimination\n among video programming providers contained in paragraph (a) of this section, a competing,\n in-region cable operator or its affiliate(s) that offer cable service to subscribers located in the\n service area of an open video system shall not be entitled to obtain capacity on such open\n video system, except where a showing is made that facilities-based competition will not be\n significantly impeded.\n\n (3) Nothing in this paragraph shall be construed to limit the number of channels that the open video\n system operator and its affiliates, or another video programming provider, may offer to provide\n directly to subscribers. Co-packaging is permissible among video programming providers, but may\n not be a condition of carriage. Video programming providers may freely elect whether to enter into\n co-packaging arrangements.\n\n\n Note to paragraph (c)(3): Any video programming provider on an open video system may co-\n package video programming that is selected by itself, an affiliated video programming provider\n and/or unaffiliated video programming providers on the system.\n\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996; 62 FR 26239, May 13, 1997; 65 FR 377, Jan. 5, 2000; 65\nFR 53617, Sept. 5, 2000; 67 FR 13235, Mar. 21, 2002; 83 FR 61136, Nov. 28, 2018]\n\n\n§ 76.1504 Rates, terms and conditions for carriage on open video systems.\n (a) Reasonable rate principle. An open video system operator shall set rates, terms, and conditions for\n carriage that are just and reasonable, and are not unjustly or unreasonably discriminatory.\n\n\n47 CFR 76.1504(a) (enhanced display) page 225 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1504(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Differences in rates.\n\n (1) An open video system operator may charge different rates to different classes of video programming\n providers, provided that the bases for such differences are not unjust or unreasonably\n discriminatory.\n\n (2) An open video system operator shall not impose different rates, terms, or conditions based on the\n content of the programming to be offered by any unaffiliated video programming provider.\n\n (c) Just and reasonable rate presumption. A strong presumption will apply that carriage rates are just and\n reasonable for open video system operators where at least one unaffiliated video programming provider,\n or unaffiliated programming providers as a group, occupy capacity equal to the lesser of one-third of the\n system capacity or that occupied by the open video system operator and its affiliates, and where any rate\n complained of is no higher than the average of the rates paid by unaffiliated programmers receiving\n carriage from the open video system operator.\n\n (d) Examination of rates. Complaints regarding rates shall be limited to video programming providers that\n have sought carriage on the open video system. If a video programming provider files a complaint against\n an open video system operator meeting the above just and reasonable rate presumption, the burden of\n proof will rest with the complainant. If a complaint is filed against an open video system operator that\n does not meet the just and reasonable rate presumption, the open video system operator will bear the\n burden of proof to demonstrate, using the principles set forth below, that the carriage rates subject to the\n complaint are just and reasonable.\n\n (e) Determining just and reasonable rates subject to complaints pursuant to the imputed rate approach or\n other market based approach. Carriage rates subject to complaint shall be found just and reasonable if\n one of the two following tests are met:\n\n (1) The imputed rate will reflect what the open video system operator, or its affiliate, “pays” for carriage\n of its own programming. Use of this approach is appropriate in circumstances where the pricing is\n applicable to a new market entrant (the open video system operator) that will face competition from\n an existing incumbent provider (the incumbent cable operator), as opposed to circumstances where\n the pricing is used to establish a rate for an essential input service that is charged to a competing\n new entrant by an incumbent provider. With respect to new market entrants, an efficient component\n pricing model will produce rates that encourage market entry. If the carriage rate to an unaffiliated\n program provider surpasses what an operator earns from carrying its own programming, the rate can\n be presumed to exceed a just and reasonable level. An open video system operator's price to its\n subscribers will be determined by several separate costs components. One general category are\n those costs related to the creative development and production of programming. A second category\n are costs associated with packaging various programs for the open video system operator's\n offering. A third category related to the infrastructure or engineering costs identified with building\n and maintaining the open video system. Contained in each is a profit allowance attributed to the\n economic value of each component. When an open video system operator provides only carriage\n through its infrastructure, however, the programming and packaging flows from the independent\n program provider, who bears the cost. The open video system operator avoids programming and\n packaging costs, including profits. These avoided costs should not be reflected in the price charged\n an independent program provider for carriage. The imputed rate also seeks to recognize the loss of\n subscribers to the open video system operator's programming package resulting from carrying\n competing programming.\n\n\n\n47 CFR 76.1504(e)(1) (enhanced display) page 226 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1504(e)(2)\nMultichannel Video and Cable Television Service\n\n\n\n Note to paragraph (e)(1): Examples of specific “avoided costs” include:\n (1) All amounts paid to studios, syndicators, networks or others, including but not limited to\n payments for programming and all related rights;\n\n (2) Packaging, including marketing and other fees;\n\n (3) Talent fees; and\n\n (4) A reasonable overhead allowance for affiliated video service support.\n\n\n\n (2) An open video system operator can demonstrate that its carriage service rates are just and\n reasonable through other market based approaches.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996]\n\n\n§ 76.1505 Public, educational and governmental access.\n (a) An open video system operator shall be subject to public, educational and governmental access\n requirements for every cable franchise area with which its system overlaps.\n\n (b) An open video system operator must ensure that all subscribers receive any public, educational and\n governmental access channels within the subscribers' franchise area.\n\n (c) An open video system operator may negotiate with the local cable franchising authority of the\n jurisdiction(s) which the open video system serves to establish the open video system operator's\n obligations with respect to public, educational and governmental access channel capacity, services,\n facilities and equipment. These negotiations may include the local cable operator if the local franchising\n authority, the open video system operator and the cable operator so desire.\n\n (d) If an open video system operator and a local franchising authority are unable to reach an agreement\n regarding the open video system operator's obligations with respect to public, educational and\n governmental access channel capacity, services, facilities and equipment within the local franchising\n authority's jurisdiction:\n\n (1) The open video system operator must satisfy the same public, educational and governmental access\n obligations as the local cable operator by providing the same amount of channel capacity for public,\n educational and governmental access and by matching the local cable operator's annual financial\n contributions towards public, educational and governmental access services, facilities and\n equipment that are actually used for public, educational and governmental access services, facilities\n and equipment. For in-kind contributions (e.g., cameras, production studios), the open video system\n operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the local\n cable operator, so that public, educational and governmental access services to the community is\n improved or increased. If such terms cannot be agreed upon, the open video system operator must\n pay the local franchising authority the monetary equivalent of the local cable operator's depreciated\n in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching\n contributions provided by the open video system operator must be used to fund activities arising\n under Section 611 of the Communications Act.\n\n\n47 CFR 76.1505(d)(1) (enhanced display) page 227 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1505(d)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) The local franchising authority shall impose the same rules and procedures on an open video system\n operator as it imposes on the local cable operator with regard to the open video system operator's\n use of channel capacity designated for public, educational and governmental access use when such\n capacity is not being used for such purposes.\n\n (3) The local cable operator is required to permit the open video system operator to connect with its\n public, educational and governmental access channel feeds. The open video system operator and\n the cable operator may decide how to accomplish this connection, taking into consideration the\n exact physical and technical circumstances of the cable and open video systems involved. If the\n cable and open video system operator cannot agree on how to accomplish the connection, the local\n franchising authority may decide. The local franchising authority may require that the connection\n occur on government property or on public rights of way.\n\n (4) The costs of connection to the cable operator's public, educational and governmental access\n channel feed shall be borne by the open video system operator. Such costs shall be counted towards\n the open video system operator's matching financial contributions set forth in paragraph (d)(4) of\n this section.\n\n (5) The local franchising authority may not impose public, educational and governmental access\n obligations on the open video system operator that would exceed those imposed on the local cable\n operator.\n\n (6) Where there is no existing local cable operator, the open video system operator must make a\n reasonable amount of channel capacity available for public, educational and governmental use, as\n well as provide reasonable support for services, facilities and equipment relating to such public,\n educational and governmental use. If a franchise agreement previously existed in that franchise\n area, the local franchising authority may elect either to impose the previously existing public,\n educational and governmental access obligations or determine the open video system operator's\n public, educational and governmental access obligations by comparison to the franchise agreement\n for the nearest operating cable system that has a commitment to provide public, educational and\n governmental access and that serves a franchise area with a similar population size. The local\n franchising authority shall be permitted to make a similar election every 15 years thereafter. Absent\n a previous franchise agreement, the open video system operator shall be required to provide channel\n capacity, services, facilities and equipment relating to public, educational and governmental access\n equivalent to that prescribed in the franchise agreement(s) for the nearest operating cable system\n with a commitment to provide public, educational and governmental access and that serves a\n franchise area with a similar population size.\n\n\n Note to paragraph (d)(6): This paragraph shall apply, for example, if a cable operator converts\n its cable system to an open video system under § 76.1501.\n\n (7) The open video system operator must adjust its system(s) to comply with new public, educational\n and governmental access obligations imposed by a cable franchise renewal; provided, however, that\n an open video system operator will not be required to displace other programmers using its open\n video system to accommodate public, educational and governmental access channels. The open\n video system operator shall comply with such public, educational and governmental access\n obligations whenever additional capacity is or becomes available, whether it is due to increased\n channel capacity or decreased demand for channel capacity.\n\n\n47 CFR 76.1505(d)(7) (enhanced display) page 228 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1505(d)(8)\nMultichannel Video and Cable Television Service\n\n\n (8) The open video system operator and/or the local franchising authority may file a complaint with the\n Commission, pursuant to our dispute resolution procedures set forth in § 76.1514, if the open video\n system operator and the local franchising authority cannot agree as to the application of the\n Commission's rules regarding the open video system operator's public, educational and\n governmental access obligations under paragraph (d) of this section.\n\n (e) If an open video system operator maintains an institutional network, as defined in Section 611(f) of the\n Communications Act, the local franchising authority may require that educational and governmental\n access channels be designated on that institutional network to the extent such channels are designated\n on the institutional network of the local cable operator.\n\n (f) An open video system operator shall not exercise any editorial control over any public, educational, or\n governmental use of channel capacity provided pursuant to this subsection, provided, however, that any\n open video system operator may prohibit the use on its system of any channel capacity of any public,\n educational, or governmental facility for any programming which contains nudity, obscene material,\n indecent material as defined in § 76.701(g), or material soliciting or promoting unlawful conduct. For\n purposes of this section, “material soliciting or promoting unlawful conduct” shall mean material that is\n otherwise proscribed by law. An open video system operator may require any access user, or access\n manager or administrator agreeing to assume the responsibility of certifying, to certify that its\n programming does not contain any of the materials described above and that reasonable efforts will be\n used to ensure that live programming does not contain such material.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996]\n\n\n§ 76.1506 Carriage of television broadcast signals.\n (a) The provisions of Subpart D shall apply to open video systems in accordance with the provisions\n contained in this subpart.\n\n (b) For the purposes of this Subpart S, television stations are significantly viewed when they are viewed in\n households that do not receive television signals from multichannel video programming distributors as\n follows:\n\n (1) For a full or partial network station—a share of viewing hours of at least 3 percent (total week hours),\n and a net weekly circulation of at least 25 percent; and\n\n (2) For an independent station—a share of viewing hours of at least 2 percent (total week hours), and a\n net weekly circulation of at least 5 percent. See § 76.1506(c).\n\n\n Note to paragraph (b): As used in this paragraph, “share of viewing hours” means the total\n hours that households that do not receive television signals from multichannel video\n programming distributors viewed the subject station during the week, expressed as a\n percentage of the total hours these households viewed all stations during the period, and “net\n weekly circulation” means the number of households that do not receive television signals\n from multichannel video programming distributors that viewed the station for 5 minutes or\n more during the entire week, expressed as a percentage of the total households that do not\n receive television signals from multichannel video programming distributors in the survey\n area.\n\n47 CFR 76.1506(b)(2) (enhanced display) page 229 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1506(c)\nMultichannel Video and Cable Television Service\n\n\n (c) Significantly viewed signals; method to be followed for special showings. Any provision of § 76.54 that\n refers to a “cable television community” or “cable community or communities” shall apply to an open\n video system community or communities. Any provision of § 76.54 that refers to “non-cable television\n homes” shall apply to households that do not receive television signals from multichannel video\n programming distributors. Any provision of § 76.54 that refers to a “cable television system” shall apply to\n an open video system.\n\n (d) Definitions applicable to the must-carry rules. Section 76.55 shall apply to all open video systems in\n accordance with the provisions contained in this section. Any provision of § 76.55 that refers to a “cable\n system” shall apply to an open video system. Any provision of § 76.55 that refers to a “cable operator”\n shall apply to an open video system operator. Any provision of § 76.55 that refers to the “principal\n headend” of a cable system as defined in § 76.5(pp) shall apply to the equivalent of the principal headend\n of an open video system. Any provision of § 76.55 that refers to a “franchise area” shall apply to the\n service area of an open video system. The provisions of § 76.55 that permit cable operators to refuse\n carriage of signals considered distant signals for copyright purposes shall not apply to open video system\n operators. If an open video system operator cannot limit its distribution of must-carry signals to the local\n service area of broadcast stations as used in 17 U.S.C. 111(d), it will be liable for any increase in copyright\n fees assessed for distant signal carriage under 17 U.S.C. 111.\n\n (e) Signal carriage obligations. Any provision of § 76.56 that refers to a “cable television system” or “cable\n system” shall apply to an open video system. Any provision of § 76.56 that refers to a “cable operator”\n shall apply to an open video system operator. Section 76.56(d)(2) shall apply to open video systems as\n follows: An open video system operator shall make available to every subscriber of the open video system\n all qualified local commercial television stations and all qualified non-commercial educational television\n stations carried in fulfillment of its carriage obligations under this section.\n\n (f) Channel positioning. Open video system operators shall comply with the provisions of § 76.57 to the\n closest extent possible. Any provision of § 76.57 that refers to a “cable operator” shall apply to an open\n video system operator. Any provision of § 76.57 that refers to a “cable system” shall apply to an open\n video system, except the references to “cable system” in § 76.57(d) which shall apply to an open video\n system operator.\n\n (g) Notification. Any provision of §§ 76.1601, 76.1607, 76.1617, or 76.1708(a) (second sentence) that refers\n to a “cable operator,” “cable system,” or “principal headend” shall apply, respectively, to an open video\n system operator, to an open video system, or to the equivalent of the principal headend for an open video\n system.\n\n (h) Modification of television markets. Any provision of § 76.59 that refers to a “cable system” shall apply to\n an open video system. Any provision of § 76.59 that refers to a “cable operator” shall apply to an open\n video system operator.\n\n (i) Compensation for carriage. Any provision of § 76.60 that refers to a “cable operator” shall apply to an\n open video system operator. Any provision of § 76.60 that refers to a “cable system” shall apply to an\n open video system. Any provision of § 76.60 that refers to a “principal headend” shall apply to the\n equivalent of the principal headend for an open video system.\n\n (j) Disputes concerning carriage. Any provision of § 76.61 that refers to a “cable operator” shall apply to an\n open video system operator. Any provision of § 76.61 that refers to a “cable system” shall apply to an\n open video system. Any provision of § 76.61 that refers to a “principal headend” shall apply to the\n equivalent of the principal headend for an open video system.\n\n\n47 CFR 76.1506(j) (enhanced display) page 230 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1506(k)\nMultichannel Video and Cable Television Service\n\n\n (k) Manner of carriage. Any provision of § 76.62 that refers to a “cable operator” shall apply to an open video\n system operator.\n\n (l) Retransmission consent. Section 76.64 shall apply to open video systems in accordance with the\n provisions contained in this paragraph.\n\n (1) Any provision of § 76.64 that refers to a “cable system” shall apply to an open video system. Any\n provision of § 76.64 that refers to a “cable operator” shall apply to an open video system operator.\n\n (2) Must-carry/retransmission consent election notifications shall be sent to the open video system\n operator. An open video system operator shall make all must-carry/retransmission consent election\n notifications received available to the appropriate programming providers on its system.\n\n (3) Television broadcast stations are required to make the same election for open video systems and\n cable systems serving the same geographic area, unless the overlapping open video system is\n unable to deliver appropriate signals in conformance with the broadcast station's elections for all\n cable systems serving the same geographic area.\n\n (4) An open video system commencing new operations shall notify all local commercial and\n noncommercial broadcast stations as required under paragraph (l) of this section on or before the\n date on which it files with the Commission its Notice of Intent to establish an open video system.\n\n (m) Exemption from input selector switch rules. Any provision of § 76.70 that refers to a “cable system” or\n “cable systems” shall apply to an open video system or open video systems.\n\n (n) Special relief and must-carry complaint procedures. The procedures set forth in § 76.7 shall apply to\n special relief and must-carry complaints relating to open video systems, and not the procedures set forth\n in § 76.1514 (Dispute resolution). Any provision of § 76.7 that refers to a “cable television system\n operator” or “cable operator” shall apply to an open video system operator. Any provision of § 76.7 that\n refers to a “cable television system” shall apply to an open video system. Any provision of § 76.7 that\n refers to a “system community unit” shall apply to an open video system or that portion of an open video\n system that operates or will operate within a separate and distinct community or municipal entity\n (including unincorporated communities within unincorporated areas and including single, discrete\n unincorporated areas).\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43177, Aug. 21, 1996; 79 FR 63562, Oct. 24, 2014; 80 FR 5050, Jan. 30, 2015]\n\n\n§ 76.1507 Competitive access to satellite cable programming.\n (a) Any provision that applies to a cable operator under §§ 76.1000 through 76.1003 shall also apply to an\n operator of an open video system and its affiliate which provides video programming on its open video\n system, except as limited by paragraph (a) (1)–(3) of this section. Any such provision that applies to a\n satellite cable programming vendor in which a cable operator has an attributable interest shall also apply\n to any satellite cable programming vendor in which an open video system operator has an attributable\n interest, except as limited by paragraph (a) (1)–(3) of this section.\n\n (1) Section 76.1002(c)(1) shall only restrict the conduct of an open video system operator, its affiliate\n that provides video programming on its open video system and a satellite cable programming vendor\n in which an open video system operator has an attributable interest, as follows: No open video\n system operator or its affiliate that provides video programming on its open video system shall\n engage in any practice or activity or enter into any understanding or arrangement, including exclusive\n contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for\n\n47 CFR 76.1507(a)(1) (enhanced display) page 231 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1507(a)(2)\nMultichannel Video and Cable Television Service\n\n\n satellite cable programming or satellite broadcast programming that prevents a multichannel video\n programming distributor from obtaining such programming from any satellite cable programming\n vendor in which an open video system operator has an attributable interest, or any satellite\n broadcasting vendor in which an open video system operator has an attributable interest for\n distribution to person in areas not served by a cable operator as of October 5, 1992.\n\n (2) [Reserved]\n\n (3) Section 76.1002(c)(3)(i) and (ii) shall only restrict the conduct of an open video system operator, its\n affiliate that provides video programming on its open video system and a satellite cable\n programming vendor in which an open video system operator has an attributable interest, as follows:\n No open video system operator shall enter into any subdistribution agreement or arrangement for\n satellite cable programming or satellite broadcast programming with a satellite cable programming\n vendor in which an open video system operator has an attributable interest or a satellite broadcast\n programming vendor in which an open video system operator has an attributable interest for\n distribution to persons in areas not served by a cable operator as of October 5, 1992 unless such\n agreement or arrangement complies with the limitations set forth in § 76.1002(c)(3)(ii).\n\n (b) No open video system programming provider in which a cable operator has an attributable interest shall\n engage in any practice or activity or enter into any understanding or arrangement, including exclusive\n contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for\n satellite cable programming or satellite broadcast programming that prevents a multichannel video\n programming distributor from obtaining such programming from any satellite cable programming vendor\n in which a cable operator has an attributable interest, or any satellite broadcasting vendor in which a\n cable operator has an attributable interest for distribution to person in areas not served by a cable\n operator as of October 5, 1992.\n\n[61 FR 28708, June 5, 1996, as amended at 77 FR 66048, Oct. 31, 2012]\n\n\n§ 76.1508 Network non-duplication.\n (a) Sections 76.92 through 76.95 shall apply to open video systems in accordance with the provisions\n contained in this section.\n\n (b) Any provision of § 76.92 that refers to a “cable community unit” or “community unit” shall apply to an open\n video system or that portion of an open video system that operates or will operate within a separate and\n distinct community or municipal entity (including unincorporated communities within unincorporated\n areas and including single, discrete unincorporated areas). Any provision of § 76.92 that refers to a “cable\n television community” shall apply to an open video system community. Any provision of § 76.92 that\n refers to a “cable television system's mandatory signal carriage obligations” shall apply to an open video\n system's mandatory signal carriage obligations.\n\n (c) Any provision of § 76.94 that refers to a “cable system operator” or “cable television system operator”\n shall apply to an open video system operator. Any provision of § 76.94 that refers to a “cable system” or\n “cable television system” shall apply to an open video system except § 76.94 (e) and (f) which shall apply\n to an open video system operator. Open video system operators shall make all notifications and\n information regarding the exercise of network non-duplication rights immediately available to all\n appropriate video programming provider on the system. An open video system operator shall not be\n\n\n\n\n47 CFR 76.1508(c) (enhanced display) page 232 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1508(d)\nMultichannel Video and Cable Television Service\n\n\n subject to sanctions for any violation of these rules by an unaffiliated program supplier if the operator\n provided proper notices to the program supplier and subsequently took prompt steps to stop the\n distribution of the infringing program once it was notified of a violation.\n\n (d) Any provision of § 76.95 that refers to a “cable system” or a “cable community unit” shall apply to an open\n video system or that portion of an open video system that operates or will operate within a separate and\n distinct community or municipal entity (including unincorporated communities within unincorporated\n areas and including single, discrete unincorporated areas).\n\n[61 FR 28708, June 5, 1996, as amended at 83 FR 7630, Feb. 22, 2018]\n\n\n§ 76.1509 Syndicated program exclusivity.\n (a) Sections 76.101 through 76.110 shall apply to open video systems in accordance with the provisions\n contained in this section.\n\n (b) Any provision of § 76.101 that refers to a “cable community unit” shall apply to an open video system.\n\n (c) Any provision of § 76.105 that refers to a “cable system operator” or “cable television system operator”\n shall apply to an open video system operator. Any provision of § 76.105 that refers to a “cable system” or\n “cable television system” shall apply to an open video system except § 76.105(c) which shall apply to an\n open video system operator. Open video system operators shall make all notifications and information\n regarding exercise of syndicated program exclusivity rights immediately available to all appropriate video\n programming provider on the system. An open video system operator shall not be subject to sanctions for\n any violation of the rules in §§ 76.101 through 76.110 by an unaffiliated program supplier if the operator\n provided proper notices to the program supplier and subsequently took prompt steps to stop the\n distribution of the infringing program once it was notified of a violation.\n\n (d) Any provision of § 76.106 that refers to a “cable community” shall apply to an open video system\n community. Any provision of § 76.106 that refers to a “cable community unit” or “community unit” shall\n apply to an open video system or that portion of an open video system that operates or will operate within\n a separate and distinct community or municipal entity (including unincorporated communities within\n unincorporated areas and including single, discrete unincorporated areas). Any provision of §§ 76.106\n through 76.108 that refers to a “cable system” shall apply to an open video system.\n\n (e) Any provision of § 76.109 that refers to “cable television” or a “cable system” shall apply to an open video\n system.\n\n (f) Any provision of § 76.110 that refers to a “community unit” shall apply to an open video system or that\n portion of an open video system that is affected by this rule.\n\n[83 FR 7630, Feb. 22, 2018]\n\n\n§ 76.1510 Application of certain Title VI provisions.\nThe following sections within part 76 shall also apply to open video systems: §§ 76.71, 76.73, 76.75, 76.77, 76.79,\n76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership\nrestrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage\nagreements); § 76.610 (operation in the frequency bands 108–137 and 225–400 MHz—scope of application\n\n\n\n\n47 CFR 76.1510 (enhanced display) page 233 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1511\nMultichannel Video and Cable Television Service\n\n\nprovided, however, that these sections shall apply to open video systems only to the extent that they do not conflict\nwith this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video\nsystems.\n\n[83 FR 7630, Feb. 22, 2018]\n\n\n§ 76.1511 Fees.\nAn open video system operator may be subject to the payment of fees on the gross revenues of the operator for the\nprovision of cable service imposed by a local franchising authority or other governmental entity, in lieu of the\nfranchise fees permitted under Section 622 of the Communications Act. Local governments shall have the authority\nto assess and receive the gross revenue fee. Gross revenues under this paragraph means all gross revenues\nreceived by an open video system operator or its affiliates, including all revenues received from subscribers and all\ncarriage revenues received from unaffiliated video programming providers. In addition gross revenues under this\nparagraph includes any advertising revenues received by an open video system operator or its affiliates in\nconnection with the provision of video programming, where such revenues are included in the calculation of the\nincumbent cable operator's cable franchise fee. Gross revenues does not include revenues collected by unaffiliated\nvideo programming providers, such as subscriber or advertising revenues. Any gross revenues fee that the open\nvideo system operator or its affiliate collects from subscribers or video programming providers shall be excluded\nfrom gross revenues. An operator of an open video system or any programming provider may designate that portion\nof a subscriber's bill attributable to the fee as a separate item on the bill. An operator of an open video system may\nrecover the gross revenue fee from programming providers on a proportional basis as an element of the carriage\nrate.\n\n[61 FR 43177, Aug. 21, 1996]\n\n\n§ 76.1512 Programming information.\n (a) An open video system operator shall not unreasonably discriminate in favor of itself or its affiliates with\n regard to material or information (including advertising) provided by the operator to subscribers for the\n purpose of selecting programming on the open video system, or in the way such material or information is\n provided to subscribers.\n\n\n Note to paragraph (a): “Material or information” as used in paragraph (a) of this section means\n material or information that a subscriber uses to actively select programming at the point of\n program selection.\n\n (b) In accordance with paragraph (a) of this section:\n\n (1) An open video system operator shall not discriminate in favor of itself or its affiliate on any\n navigational device, guide or menu;\n\n (2) An open video system operator shall not omit television broadcast stations or other unaffiliated\n video programming services carried on the open video system from any navigational device, guide\n (electronic or paper) or menu;\n\n (3) An open video system operator shall not restrict a video programming provider's ability to use part of\n the provider's channel capacity to provide an individualized guide or menu to the provider's\n subscribers;\n\n47 CFR 76.1512(b)(3) (enhanced display) page 234 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1512(b)(4)\nMultichannel Video and Cable Television Service\n\n\n (4) Where an open video system operator provides no navigational device, guide or menu, its affiliate's\n navigational device, guide or menu shall be subject to the requirements of Section 653(b)(1)(E) of\n the Communications Act;\n\n (5) An open video system operator may permit video programming providers, including its affiliate, to\n develop and use their own navigational devices. If an open video system operator permits video\n programming providers, including its affiliate, to develop and use their own navigational devices, the\n operator must create an electronic menu or guide that all video programming providers must carry\n containing a non-discriminatory listing of programming providers or programming services available\n on the system and informing the viewer how to obtain additional information on each of the services\n listed;\n\n (6) An open video system operator must grant access, for programming providers that do not wish to\n use their own navigational device, to the navigational device used by the open video system operator\n or its affiliate; and\n\n (7) If an operator provides an electronic guide or menu that complies with paragraph (b)(5) of this\n section, its programming affiliate may create its own menu or guide without being subject to the\n requirements of Section 653(b)(1)(E) of the Communications Act.\n\n (c) An open video system operator shall ensure that video programming providers or copyright holders (or\n both) are able to suitably and uniquely identify their programming services to subscribers.\n\n (d) An open video system operator shall transmit programming identification without change or alteration if\n such identification is transmitted as part of the programming signal.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43177, Aug. 21, 1996]\n\n\n§ 76.1513 Open video dispute resolution.\n (a) Complaints. Any party aggrieved by conduct that it believes constitute a violation of the regulations set\n forth in this part or in section 653 of the Communications Act (47 U.S.C. 573) may commence an\n adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a\n complaint. The Commission shall resolve any such dispute within 180 days after the filing of a complaint.\n The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 of\n this part with the following additions or changes.\n\n (b) Alternate dispute resolution. An open video system operator may not provide in its carriage contracts with\n programming providers that any dispute must be submitted to arbitration, mediation, or any other\n alternative method for dispute resolution prior to submission of a complaint to the Commission.\n\n (c) Notice required prior to filing of complaint. Any aggrieved party intending to file a complaint under this\n section must first notify the potential defendant open video system operator that it intends to file a\n complaint with the Commission based on actions alleged to violate one or more of the provisions\n contained in this part or in Section 653 of the Communications Act. The notice must be in writing and\n must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential\n complaint. The potential complainant must allow a minimum of ten (10) days for the potential\n defendant(s) to respond before filing a complaint with the Commission.\n\n (d) Contents of complaint. In addition to the requirements of § 76.7 of this part, an open video system\n complaint shall contain:\n\n\n47 CFR 76.1513(d) (enhanced display) page 235 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1513(d)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) The type of entity that describes complainant (e.g., individual, private association, partnership, or\n corporation), the address and telephone number of the complainant, and the address and telephone\n number of each defendant;\n\n (2) If discrimination in rates, terms, and conditions of carriage is alleged, documentary evidence shall be\n submitted such as a preliminary carriage rate estimate or a programming contract that\n demonstrates a differential in price, terms or conditions between complainant and a competing\n video programming provider or, if no programming contract or preliminary carriage rate estimate is\n submitted with the complaint, an affidavit signed by an officer of complainant alleging that a\n differential in price, terms or conditions exists, a description of the nature and extent (if known or\n reasonably estimated by the complainant) of the differential, together with a statement that\n defendant refused to provide any further specific comparative information;\n\n\n Note to paragraph (d)(2): Upon request by a complainant, the preliminary carriage rate\n estimate shall include a calculation of the average of the carriage rates paid by the\n unaffiliated video programming providers receiving carriage from the open video system\n operator, including the information needed for any weighting of the individual carriage rates\n that the operator has included in the average rate.\n\n (3) If a programming contract or a preliminary carriage rate estimate is submitted with the complaint in\n support of the alleged violation, specific references to the relevant provisions therein.\n\n (4) The complaint must be accompanied by appropriate evidence demonstrating that the required\n notification pursuant to paragraph (c) of this section has been made.\n\n (e) Answer.\n\n (1) Any open video system operator upon which a complaint is served under this section shall answer\n within thirty (30) days of service of the complaint, unless otherwise directed by the Commission.\n\n (2) An answer to a discrimination complaint shall state the reasons for any differential in prices, terms\n or conditions between the complainant and its competitor, and shall specify the particular\n justification relied upon in support of the differential. Any documents or contracts submitted\n pursuant to this paragraph may be protected as proprietary pursuant to § 76.9 of this part.\n\n (f) Reply. Within twenty (20) days after service of an answer, the complainant may file and serve a reply which\n shall be responsive to matters contained in the answer and shall not contain new matters.\n\n (g) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one\n year of the date on which one of the following events occurs\n\n (1) The open video system operator enters into a contract with the complainant that the complainant\n alleges to violate one or more of the rules contained in this part; or\n\n (2) The open video system operator offers to carry programming for the complainant pursuant to terms\n that the complainant alleges to violate one or more of the rules contained in this part, and such offer\n to carry programming is unrelated to any existing contract between the complainant and the open\n video system operator; or\n\n\n\n\n47 CFR 76.1513(g)(2) (enhanced display) page 236 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1513(g)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) An open video system operator has denied or failed to acknowledge a request for such operator to\n carry the complainant's programming on its open video system, allegedly in violation of one or more\n of the rules contained in this part.\n\n (h) Remedies for violations —\n\n (1) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission,\n Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if\n necessary, the requiring carriage, awarding damages to any person denied carriage, or any\n combination of such sanctions. Such order shall set forth a timetable for compliance. Such order\n issued by the Commission or Commission staff shall be effective upon release. See §§ 1.102(b) and\n 1.103 of this chapter. The effective date of such order issued by the Administrative Law Judge is set\n forth in § 1.276(d) of this chapter.\n\n (2) Additional sanctions. The remedies provided in paragraph (h)(1) of this section are in addition to and\n not in lieu of the sanctions available under title V or any other provision of the Communications Act.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43178, Aug. 21, 1996; 62 FR 26239, May 13, 1997; 64 FR 6575, Feb. 10, 1999;\n85 FR 81812, Dec. 17, 2020]\n\n\n§ 76.1514 Bundling of video and local exchange services.\nAn open video system operator may offer video and local exchange services for sale in a single package at a single\nprice, provided that:\n\n (a) The open video system operator, where it is the incumbent local exchange carrier, may not require that a\n subscriber purchase its video service in order to receive local exchange service; and\n\n (b) Any local exchange carrier offering such a package must impute the unbundled tariff rate for the regulated\n service.\n\n[61 FR 28708, June 5, 1996, as amended at 61 FR 43178, Aug. 21, 1996]\n\n\nSubpart T—Notices\n\nSource: 65 FR 53617, Sept. 5, 2000, unless otherwise noted.\n\n\n\n§ 76.1600 Electronic delivery of notices.\n (a) Except as provided in § 76.1603 for changes that occur due to circumstances outside a cable operator's\n control, which also may be provided as set forth in 76.1603(b), written information provided by cable\n operators to subscribers or customers pursuant to §§ 76.1601, 76.1602, 76.1603, 76.1604, 76.1618, and\n 76.1620 of this Subpart T, as well as subscriber privacy notifications required by cable operators, satellite\n providers, and open video systems pursuant to sections 631, 338(i), and 653 of the Communications Act,\n may be delivered electronically by email to any subscriber who has not opted out of electronic delivery\n under paragraph (a)(3) of this section if the entity:\n\n (1) Sends the notice to the subscriber's or customer's verified email address;\n\n\n\n47 CFR 76.1600(a)(1) (enhanced display) page 237 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1600(a)(2)\nMultichannel Video and Cable Television Service\n\n\n (2) Provides either the entirety of the written information or a weblink to the written information in the\n notice; and\n\n (3) Includes, in the body of the notice, a telephone number that is clearly and prominently presented to\n subscribers so that it is readily identifiable as an opt-out mechanism that will allow subscribers to\n continue to receive paper copies of the written material.\n\n (b) For purposes of this section, a verified email address is defined as:\n\n (1) An email address that the subscriber has provided to the cable operator (and not vice versa) for\n purposes of receiving communication;\n\n (2) An email address that the subscriber regularly uses to communicate with the cable operator; or\n\n (3) An email address that has been confirmed by the subscriber as an appropriate vehicle for the\n delivery of notices.\n\n (c) Cable operators that provide written Subpart T notices via paper copy may provide certain portions of the\n § 76.1602 annual notices electronically, to any subscriber who has not opted out of electronic delivery\n under paragraphs (a)(3) or (c)(3) of this section, by prominently displaying the following on the front or\n first page of the printed annual notice:\n\n (1) A weblink in a form that is short, simple, and easy to remember, leading to written information\n required to be provided pursuant to § 76.1602(b)(2), (7), and (8);\n\n (2) A weblink in a form that is short, simple, and easy to remember, leading to written information\n required to be provided pursuant to § 76.1602(b)(5); and\n\n (3) A telephone number that is readily identifiable as an opt-out mechanism that will allow subscribers\n to continue to receive paper copies of the entire annual notice.\n\n (d) If the conditions for electronic delivery in paragraphs (a) and (b) of this section are not met, or if a\n subscriber opts out of electronic delivery, the written material must be delivered by paper copy to the\n subscriber's physical address.\n\n (e) After July 31, 2020, written information provided by cable operators to broadcast stations pursuant to §§\n 76.64(k), 76.1601, 76.1607, 76.1608, 76.1609, and 76.1617 must be delivered electronically to full-power\n and Class A television stations via email to the email address for carriage-related questions that the\n station lists in its public file in accordance with §§ 73.3526 and 73.3527 of this title, or in the case of low\n power television stations and noncommercial educational translator stations that are entitled to such\n notices, to the licensee's email address (not a contact representative's email address, if different from the\n licensee's email address) as displayed publicly in the Licensing and Management System (LMS) or the\n primary station's carriage-related email address if the noncommercial educational translator station does\n not have its own email address listed in LMS.\n\n[83 FR 66157, Dec. 26, 2019, as amended at 85 FR 16005, Mar. 20, 2020; 85 FR 71854, Nov. 12, 2020]\n\n\n§ 76.1601 Deletion or repositioning of broadcast signals.\nA cable operator shall provide written notice to any broadcast television station at least 30 days prior to either\ndeleting from carriage or repositioning that station.\n\n[85 FR 71854, Nov. 12, 2020]\n\n47 CFR 76.1601 (enhanced display) page 238 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1602\nMultichannel Video and Cable Television Service\n\n\n§ 76.1602 Customer service—general information.\n (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (b) of this\n section against cable operators. The franchise authority must provide affected cable operators 90 days\n written notice of its intent to enforce standards.\n\n (b) The cable operator shall provide written information on each of the following areas at the time of\n installation of service, at least annually to all subscribers, and at any time upon request:\n\n (1) Products and services offered;\n\n (2) Prices and options for programming services and conditions of subscription to programming and\n other services;\n\n (3) Installation and service maintenance policies;\n\n (4) Instructions on how to use the cable service;\n\n (5) Channel positions of programming carried on the system; and\n\n (6) Billing and complaint procedures, including the address and telephone number of the local franchise\n authority's cable office.\n\n (7) Effective May 1, 2011, any assessed fees for rental of navigation devices and single and additional\n CableCARDs; and,\n\n (8) Effective May 1, 2011, if such provider includes equipment in the price of a bundled offer of one or\n more services, the fees reasonably allocable to:\n\n (i) The rental of single and additional CableCARDs; and\n\n (ii) The rental of operator-supplied navigation devices.\n\n (c) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the\n television signal delivered by the cable system operator, including the address of the responsible officer of\n the local franchising authority.\n\n[65 FR 53617, Sept. 5, 2000, as amended at 76 FR 40279, July 8, 2011; 83 FR 7631, Feb. 22, 2018]\n\n\n§ 76.1603 Customer service—rate and service changes.\n (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (b) of this\n section against cable operators. The franchise authority must provide affected cable operators 90 days\n written notice of its intent to enforce standards.\n\n (b) Cable operators shall provide written notice to subscribers of any changes in rates or services. Notice\n shall be provided to subscribers at least 30 days in advance of the change, unless the change results from\n circumstances outside of the cable operator's control (including failed retransmission consent or program\n carriage negotiations during the last 30 days of a contract), in which case notice shall be provided as\n soon as possible using any reasonable written means at the operator's sole discretion, including Channel\n Slates. Notice of rate changes shall include the precise amount of the rate change and explain the reason\n for the change in readily understandable terms. Notice of changes involving the addition or deletion of\n channels shall individually identify each channel affected.\n\n\n\n47 CFR 76.1603(b) (enhanced display) page 239 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1603(c)\nMultichannel Video and Cable Television Service\n\n\n (c) A cable operator not subject to effective competition shall provide 30 days' advance notice to its local\n franchising authority of any increase proposed in the price to be charged for the basic service tier.\n\n (d) Notwithstanding any other provision of part 76 of this chapter, a cable operator shall not be required to\n provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee,\n tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on\n the transaction between the operator and the subscriber.\n\n\n Note 1 to § 76.1603: Section 624(h) of the Communications Act, 47 U.S.C. 544(h), contains\n additional notification requirements which a franchising authority may enforce.\n\n\n Note 2 to § 76.1603: Section 624(d)(3) of the Communications Act, 47 U.S.C. 544(d)(3), contains\n additional notification provisions pertaining to cable operators who offer a premium channel\n without charge to cable subscribers who do not subscribe to such premium channel.\n\n\n Note 3 to § 76.1603: Section 631 of the Communications Act, 47 U.S.C. 551, contains additional\n notification requirements pertaining to the protection of subscriber privacy.\n\n\n[65 FR 53617, Sept. 5, 2000, as amended at 66 FR 16554, Mar. 26, 2001; 77 FR 67302, Dec. 10, 2012; 85 FR 71854, Nov. 12, 2020]\n\n\n§ 76.1604 Charges for customer service changes.\nIf a cable operator establishes a higher charge for changes effected solely by coded entry on a computer terminal or\nby other similarly simple methods, as provided in § 76.980(d), the cable system must notify all subscribers in\nwriting that they may be subject to such a charge for changing service tiers more than the specified number of\ntimes in any 12 month period.\n\n§ 76.1607 Principal headend.\nA cable operator shall provide written notice to all stations carried on its system pursuant to the must-carry rules in\nthis subpart at least 60 days prior to any change in the designation of its principal headend. Such written notice\nshall be provided by certified mail, except that after July 31, 2020, notice shall be provided to stations by electronic\ndelivery in accordance with § 76.1600.\n\n[85 FR 16006, Mar. 20, 2020]\n\n\n§ 76.1608 System technical integration requiring uniform election of must-carry or\nretransmission consent status.\nA cable system that changes its technical configuration in such a way as to integrate two formerly separate cable\nsystems must give 90 days notice of its intention to do so to any television broadcast stations that have elected\nmust-carry status with respect to one system and retransmission consent status with respect to the other. After\nJuly 31, 2020, such notice shall be delivered to stations electronically in accordance with § 76.1600. If the system\nand the station do not agree on a uniform election 45 days prior to integration, the cable system may require the\nstation to make such a uniform election 30 days prior to integration.\n\n\n47 CFR 76.1608 (enhanced display) page 240 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1609\nMultichannel Video and Cable Television Service\n\n\n[85 FR 16006, Mar. 20, 2020]\n\n\n§ 76.1609 Non-duplication and syndicated exclusivity.\nWithin 60 days following the provision of service to 1,000 subscribers, the operator of each such system shall file a\nnotice to that effect with the Commission, and serve a copy of that notice on every television station that would be\nentitled to exercise network non-duplication protection or syndicated exclusivity protection against it. After July 31,\n2020, in lieu of serving paper copies on stations, the operator shall provide the required copies to stations by\nelectronic delivery in accordance with § 76.1600.\n\n[85 FR 16006, Mar. 20, 2020]\n\n\n§ 76.1610 Change of operational information.\nThe Operator shall inform the Commission on FCC Form 324 whenever there is a change of cable television system\noperator; change of legal name, change of the operator's mailing address or FCC Registration Number (FRN); or\nchange in the operational status of a cable television system. Notification must be done within 30 days from the\ndate the change occurs and must include the following information, as appropriate:\n\n (a) The legal name of the operator and whether the operator is an individual, private association, partnership,\n corporation, or government entity. See § 76.5(cc). If the operator is a partnership, the legal name of the\n partner responsible for communications with the Commission shall be supplied;\n\n (b) The assumed name (if any) used for doing business in each community;\n\n (c) The physical address, including zip code, and e-mail address, if applicable, to which all communications\n are to be directed;\n\n (d) The nature of the operational status change (e.g., operation terminated, merged with another system,\n inactive, deleted, etc.);\n\n (e) The names and FCC identifiers (e.g., CA 0001) of the system communities affected.\n\n\n Note 1 to § 76.1610: FCC system community identifiers are routinely assigned upon registration.\n They have been assigned to all reported system communities based on previous Form 325 data. If\n a system community in operation prior to March 31, 1972, has not previously been assigned a\n system community identifier, the operator shall provide the following information in lieu of the\n identifier: Community Name, Community Type (i.e., incorporated town, unincorporated settlement,\n etc.), County Name, State, Operator Legal Name, Operator Assumed Name for Doing Business in\n the Community, Operator Mail Address, and Year and Month service was first provided by the\n physical system.\n\n\n[65 FR 53617, Sept. 5, 2000, as amended at 66 FR 47897, Sept. 14, 2001; 68 FR 27003, May 19, 2003; 83 FR 7631, Feb. 22, 2018]\n\n\n\n\n47 CFR 76.1610(e) (enhanced display) page 241 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1611\nMultichannel Video and Cable Television Service\n\n\n§ 76.1611 Political cable rates and classes of time.\nIf a system permits a candidate to use its cablecast facilities, the system shall disclose to all candidates\ninformation about rates, terms, conditions and all value-enhancing discount privileges offered to commercial\nadvertisers. Systems may use reasonable discretion in making the disclosure; provided, however, that the disclosure\nincludes, at a minimum, the following information:\n\n (a) A description and definition of each class of time available to commercial advertisers sufficiently\n complete enough to allow candidates to identify and understand what specific attributes differentiate\n each class;\n\n (b) A description of the lowest unit charge and related privileges (such as priorities against preemption and\n make goods prior to specific deadlines) for each class of time offered to commercial advertisers;\n\n (c) A description of the system's method of selling preemptible time based upon advertiser demand,\n commonly known as the “current selling level,” with the stipulation that candidates will be able to\n purchase at these demand-generated rates in the same manner as commercial advertisers;\n\n (d) An approximation of the likelihood of preemption for each kind of preemptible time; and\n\n (e) An explanation of the system's sales practices, if any, that are based on audience delivery, with the\n stipulation that candidates will be able to purchase this kind of time, if available to commercial\n advertisers.\n\n§ 76.1614 Identification of must-carry signals.\nA cable operator shall respond in writing within 30 days to any written request by any person for the identification of\nthe signals carried on its system in fulfillment of the must-carry requirements of § 76.56. The required written\nresponse may be delivered by email, if the consumer used email to make the request or complaint directly to the\ncable operator, or if the consumer specifies email as the preferred delivery method in the request or complaint.\n\n[83 FR 66158, Dec. 26, 2018]\n\n\n§ 76.1615 Sponsorship identification.\n (a) When a cable television system operator engaged in origination cablecasting presents any matter for\n which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or\n charged or accepted by such cable television system operator, the cable television system operator, at the\n time of the cablecast, shall announce that such matter is sponsored, paid for, or furnished, either in whole\n or in part, and by whom or on whose behalf such consideration was supplied: Provided, however, that\n “service or other valuable consideration” shall not include any service or property furnished either without\n or at a nominal charge for use on, or in connection with, a cablecast unless it is so furnished in\n consideration for an identification of any person, product, service, trademark, or brand name beyond an\n identification reasonably related to the use of such service or property on the cablecast. For the purposes\n of this section, the term “sponsored” shall be deemed to have the same meaning as “paid for.” In the case\n of any political advertisement cablecast under this paragraph that concerns candidates for public office,\n the sponsor shall be identified with letters equal to or greater than four (4) percent of the vertical picture\n height that air for not less than four (4) seconds.\n\n\n\n\n47 CFR 76.1615(a) (enhanced display) page 242 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1615(b)\nMultichannel Video and Cable Television Service\n\n\n (b) Each cable television system operator engaged in origination cablecasting shall exercise reasonable\n diligence to obtain from employees, and from other persons with whom the system operator deals directly\n in connection with any matter for cablecasting, information to enable such system operator to make the\n announcement required by this section.\n\n (c) In the case of any political origination cablecast matter or any origination cablecast matter involving the\n discussion of public controversial issues for which any film, record, transcription, talent, script, or other\n material or service of any kind is furnished, either directly or indirectly, to a cable television system\n operator as an inducement for cablecasting such matter, an announcement shall be made both at the\n beginning and conclusion of such cablecast on which such material or service is used that such film,\n record, transcription, talent, script, or other material or service has been furnished to such cable television\n system operator in connection with the transmission of such cablecast matter: Provided, however, that in\n the case of any cablecast of 5 minutes' duration or less, only one such announcement need be made\n either at the beginning or conclusion of the cablecast.\n\n (d) The announcement required by this section shall, in addition to stating the fact that the origination\n cablecasting matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the\n person or persons, or corporation, committee, association or other unincorporated group, or other entity\n by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such\n services or other valuable consideration is received, or by whom the material or services referred to in\n paragraph (c) of this section are furnished. Where an agent or other person or entity contracts or\n otherwise makes arrangements with a cable television system operator on behalf of another, and such\n fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section,\n could be known to the system operator, the announcement shall disclose the identity of the person or\n persons or entity on whose behalf such agent is acting instead of the name of such agent.\n\n (e) In the case of an origination cablecast advertising commercial products or services, an announcement\n stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that\n the mention of the name of the product constitutes a sponsorship identification, shall be deemed\n sufficient for the purposes of this section and only one such announcement need be made at any time\n during the course of the cablecast.\n\n (f) The announcement otherwise required by this section is waived with respect to the origination cablecast\n of “want ad” or classified advertisements sponsored by an individual. The waiver granted in this\n paragraph shall not extend to a classified advertisement or want ad sponsorship by any form of business\n enterprise, corporate or otherwise.\n\n (g) The announcements required by this section are waived with respect to feature motion picture film\n produced initially and primarily for theatre exhibition.\n\n\n Note to § 76.1615(g): The waiver heretofore granted by the Commission in its Report and Order,\n adopted November 16, 1960 (FCC 60–1369; 40 FCC 95), continues to apply to programs filmed or\n recorded on or before June 20, 1963, when § 73.654(e) of this chapter, the predecessor television\n rule, went into effect.\n\n (h) Commission interpretations in connection with the provisions of the sponsorship identification rules for\n the broadcasting services are contained in the Commission's Public Notice, entitled “Applicability of\n Sponsorship Identification Rules,” dated May 6, 1963 (40 FCC 141), as modified by Public Notice, dated\n\n\n47 CFR 76.1615(h) (enhanced display) page 243 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1616\nMultichannel Video and Cable Television Service\n\n\n April 21, 1975 (FCC 75–418). Further interpretations are printed in full in various volumes of the Federal\n Communications Commission Reports. The interpretations made for the broadcasting services are\n equally applicable to origination cablecasting.\n\n§ 76.1616 Contracts with local exchange carriers.\nWithin 10 days of final execution of a contract permitting a local exchange carrier to use that part of the\ntransmission facilities of a cable system extending from the last multi-user terminal to the premises of the end use,\nthe parties shall submit a copy of such contract, along with an explanation of how such contract is reasonably\nlimited in scope and duration, to the Commission for review. The parties shall serve a copy of this submission on\nthe local franchising authority, along with a notice of the local franchising authority's right to file comments with the\nCommission consistent with § 76.7.\n\n§ 76.1617 Initial must-carry notice.\n (a) Within 60 days of activation of a cable system, a cable operator must notify all qualified NCE stations of\n its designated principal headend by certified mail, except that after July 31, 2020, notice shall be provided\n by electronic delivery in accordance with § 76.1600.\n\n (b) Within 60 days of activation of a cable system, a cable operator must notify all local commercial and NCE\n stations that may not be entitled to carriage because they either:\n\n (1) Fail to meet the standards for delivery of a good quality signal to the cable system's principal\n headend, or\n\n (2) May cause an increased copyright liability to the cable system.\n\n (c) Within 60 days of activation of a cable system, a cable operator must send a copy of a list of all broadcast\n television stations carried by its system and their channel positions to all local commercial and\n noncommercial television stations, including those not designated as must-carry stations and those not\n carried on the system. Such written information shall be provided by certified mail, except that after July\n 31, 2020, such information shall be provided by electronic delivery in accordance with § 76.1600.\n\n[65 FR 53617, Sept. 5, 2000, as amended at 85 FR 16006, Mar. 20, 2020]\n\n\n§ 76.1618 Basic tier availability.\nA cable operator shall provide written notification to subscribers of the availability of basic tier service to new\nsubscribers at the time of installation. This notification shall include the following information:\n\n (a) That basic tier service is available;\n\n (b) The cost per month for basic tier service;\n\n (c) A list of all services included in the basic service tier.\n\n§ 76.1619 Information on subscriber bills.\n (a) Effective July 1, 1993, bills must be clear, concise and understandable. Bills must be fully itemized, with\n itemizations including, but not limited to, basic and premium service charges and equipment charges.\n Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and\n credits.\n\n\n47 CFR 76.1619(a) (enhanced display) page 244 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1619(b)\nMultichannel Video and Cable Television Service\n\n\n (b) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber\n within 30 days. The required response may be delivered by email, if the consumer used email to make the\n request or complaint directly to the cable operator, or if the consumer specifies email as the preferred\n delivery method in the request or complaint.\n\n (c) A cable franchise authority may enforce the customer service standards set forth in this section against\n cable operators. The franchise authority must provide affected cable operators 90 days written notice of\n its intent to enforce standards.\n\n[65 FR 53617, Sept. 5, 2000, as amended at 83 FR 66158, Dec. 26, 2018]\n\n\n§ 76.1620 Availability of signals.\nIf a cable operator authorizes subscribers to install additional receiver connections, but does not provide the\nsubscriber with such connections, or with the equipment and materials for such connections, the operator shall\nnotify such subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable\nwithout a converter box and shall offer to sell or lease such a converter box to such subscribers. Such notification\nmust be provided by June 2, 1993, and annually thereafter and to each new subscriber upon initial installation. The\nnotice, which may be included in routine billing statements, shall identify the signals that are unavailable without an\nadditional connection, the manner for obtaining such additional connection and instructions for installation.\n\n§§ 76.1621-76.1622 [Reserved]\n\nSubpart U—Documents to be Maintained for Inspection\n\nSource: 65 FR 53621, Sept. 5, 2000, unless otherwise noted.\n\n\n\n§ 76.1700 Records to be maintained by cable system operators.\n (a) Public inspection file. The following records must be placed in the online public file hosted by the\n Commission, except as indicated in paragraph (d) of this section.\n\n (1) Political file. All requests for cablecast time made by or on behalf of a candidate for public office and\n all other information required to be maintained pursuant to § 76.1701;\n\n (2) Equal employment opportunity. All EEO materials described in § 76.1702 except for any EEO program\n annual reports, which the Commission will link to the electronic version of all systems' public\n inspection files;\n\n (3) Commercial records on children's programs. Sufficient records to verify compliance with § 76.225 in\n accordance with § 76.1703;\n\n (4) [Reserved]\n\n (5) Leased access. If a cable operator adopts and enforces written policy regarding indecent leased\n access programming, such a policy shall be published in accordance with § 76.1707;\n\n (6) Availability of signals. The operator of every cable television system shall maintain a list of all\n broadcast television stations carried by its system in fulfillment of the must-carry requirements in\n accordance with § 76.1709;\n\n47 CFR 76.1700(a)(6) (enhanced display) page 245 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1700(a)(7)\nMultichannel Video and Cable Television Service\n\n\n (7) [Reserved]\n\n (8) Sponsorship identification. Whenever sponsorship announcements are omitted pursuant to §\n 76.1615(f) of Subpart T, the cable television system operator shall maintain a list in accordance with\n § 76.1715;\n\n (9) Compatibility with consumer electronics equipment. Cable system operators generally may not\n scramble or otherwise encrypt signals carried on the basic service tier. Copies of requests for\n waivers of this prohibition must be available in the public inspection file in accordance with §\n 76.630.\n\n (b) Information available to the franchisor. These records must be made available by cable system operators\n to local franchising authorities on reasonable notice and during regular business hours, except as\n indicated in paragraph (d) of this section.\n\n (1) Proof-of-performance test data. The proof of performance tests shall be made available upon\n request in accordance with § 76.1704;\n\n (2) Complaint resolution. Cable system operators shall establish a process for resolving complaints\n from subscribers about the quality of the television signal delivered. Aggregate data based upon\n these complaints shall be made available for inspection in accordance with § 76.1713.\n\n (c) Information available to the Commission. These records must be made available by cable system\n operators to the Commission on reasonable notice and during regular business hours, except as indicated\n in paragraph (d) of this section.\n\n (1) Proof-of-performance test data. The proof of performance tests shall be made available upon\n request in accordance with § 76.1704;\n\n (2) Signal leakage logs and repair records. Cable operators shall maintain a log showing the date and\n location of each leakage source in accordance with § 76.1706;\n\n (3) Emergency alert system and activations. Every cable system shall keep a record of each test and\n activation of the Emergency Alert System (EAS). The test is performed pursuant to the procedures\n and requirements of part 11 of this chapter and the EAS Operating Handbook. The records are kept\n in accordance with part 11 of this chapter and § 76.1711;\n\n (4) Complaint resolution. Cable system operators shall establish a process for resolving complaints\n from subscribers about the quality of the television signal delivered. Aggregate data based upon\n these complaints shall be made available for inspection in accordance with § 76.1713;\n\n (5) Subscriber records and public inspection file. The operator of a cable television system shall make\n the system, its public inspection file, and its records of subscribers available for inspection upon\n request in accordance with § 76.1716.\n\n (d) Exceptions to the public inspection file requirements. The operator of every cable television system having\n fewer than 1,000 subscribers is exempt from the online public file and from the public record\n requirements contained in § 76.1701 (political file); § 76.1702 (EEO records available for public\n inspection); § 76.1703 (commercial records for children's programming); § 76.1704 (proof-of-\n performance test data); § 76.1706 (signal leakage logs and repair records); § 76.1714 (Familiarity with\n FCC rules); and § 76.1715 (sponsorship identification).\n\n\n\n\n47 CFR 76.1700(d) (enhanced display) page 246 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1700(e)\nMultichannel Video and Cable Television Service\n\n\n (e) Location of records. For cable television systems exempt from the online public file requirement pursuant\n to paragraph (d) of this section, public file material that continues to be retained at the system shall be\n retained in a public inspection file maintained at the office in the community served by the system that the\n system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber\n complaints, and other business and, if the system operator does not maintain such an office in the\n community, at any accessible place in the communities served by the system (such as a public registry\n for documents or an attorney's office). Public file locations will be open at least during normal business\n hours and will be conveniently located. The public inspection file shall be available for public inspection at\n any time during regular business hours for the facility where they are kept. All or part of the public\n inspection file may be maintained in a computer database, as long as a computer terminal capable of\n accessing the database is made available, at the location of the file, to members of the public who wish to\n review the file.\n\n (f) Links and contact and geographic information. A system must provide a link to the public inspection file\n hosted on the Commission's website from the home page of its own website, if the system has a website,\n and provide contact information on its website for a system representative who can assist any person\n with disabilities with issues related to the content of the public files. A system also is required to include\n in the online public file the address of the system's local public file, if the system is exempt from the online\n public file requirement pursuant to paragraph (d) of this section but opts to use it in part while retaining\n certain documents in the local file that are not available in the Commission's online file, and the name,\n phone number, and email address of the system's designated contact for questions about the public file.\n In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the\n system. To the extent this section refers to the local public inspection file, it refers to the public file of a\n physical system, which is either maintained at the location described in paragraph (e) of this section or on\n the Commission's website, depending upon where the documents are required to be maintained under the\n Commission's rules.\n\n (g) Reproduction of records. Copies of any material in the public inspection file that is not also available in the\n Commission's online file shall be available for machine reproduction upon request made in person,\n provided the requesting party shall pay the reasonable cost of reproduction. Requests for machine copies\n shall be fulfilled at a location specified by the system operator, within a reasonable period of time, which\n in no event shall be longer than seven days. The system operator is not required to honor requests made\n by mail but may do so if it chooses.\n\n[81 FR 10125, Feb. 29, 2016, as amended at 82 FR 11412, Feb. 23, 2017; 83 FR 13683, Mar. 30, 2018; 84 FR 18409, May 1, 2019;\n85 FR 21078, Apr. 16, 2020; 85 FR 73429, Nov. 18, 2020]\n\n\n§ 76.1701 Political file.\n (a) Every cable television system operator engaged in origination programming shall maintain, and make\n available for public inspection, a complete record of a request to purchase cablecast time that:\n\n (1) Is made by or on behalf of a legally qualified candidate for public office; or\n\n (2) Communicates a message relating to any political matter of national importance, including:\n\n (i) A legally qualified candidate;\n\n (ii) Any election to Federal office; or\n\n (iii) A national legislative issue of public importance.\n\n47 CFR 76.1701(a)(2)(iii) (enhanced display) page 247 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1701(b)\nMultichannel Video and Cable Television Service\n\n\n (b) A record maintained under paragraph (a) shall contain information regarding:\n\n (1) Whether the request to purchase cablecast time is accepted or rejected by the cable television\n system operator;\n\n (2) The rate charged for the cablecast time;\n\n (3) The date and time on which the communication is aired;\n\n (4) The class of time that is purchased;\n\n (5) The name of the candidate to which the communication refers and the office to which the candidate\n is seeking election, the election to which the communication refers, or the issue to whih the\n communication refers (as applicable);\n\n (6) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the\n authorized committee of the candidate, and the treasurer of such committee; and\n\n (7) In the case of any other request, the name of the person purchasing the time, the name, address, and\n phone number of a contact person for such person, and a list of the chief executive officers or\n members of the executive committee or of the board of directors of such person.\n\n (c) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall\n be placed in the political file.\n\n (d) All records required by this paragraph shall be placed in the political file as soon as possible and shall be\n retained for a period of two years. As soon as possible means immediately absent unusual\n circumstances.\n\n (e) Where origination cablecasting material is a political matter or matter involving the discussion of a\n controversial issue of public importance and a corporation, committee, association or other\n unincorporated group, or other entity is paying for or furnishing the matter, the system operator shall, in\n addition to making the announcement required by § 76.1615, require that a list of the chief executive\n officers or members of the executive committee or of the board of directors of the corporation,\n committee, association or other unincorporated group, or other entity shall be made available for public\n inspection at the local office of the system. Such lists shall be kept and made available for two years.\n\n[65 FR 53621, Sept. 5, 2000, as amended at 83 FR 7631, Feb. 22, 2018; 87 FR 7755, Feb. 10, 2022; 87 FR 33441, June 2, 2022]\n\n\n§ 76.1702 Equal employment opportunity.\n (a) Every employment unit with six or more full-time employees shall maintain for public inspection a file\n containing copies of all EEO program annual reports filed with the Commission pursuant to § 76.77 and\n the equal employment opportunity program information described in paragraph (b) of this section. These\n materials shall be placed in the Commission's online public inspection file(s), maintained on the\n Commission's database, for each cable system associated with the employment unit. These materials\n shall be placed in the Commission's online public inspection file annually by the date that the unit's EEO\n program annual report is due to be filed and shall be retained for a period of five years. A headquarters\n employment unit file and a file containing a consolidated set of all documents pertaining to the other\n employment units of a multichannel video programming distributor that operates multiple units shall be\n maintained in the online public inspection file(s), maintained on the Commission's database, for every\n cable system associated with the headquarters employment unit.\n\n\n47 CFR 76.1702(a) (enhanced display) page 248 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1702(b)\nMultichannel Video and Cable Television Service\n\n\n (b) The following equal employment opportunity program information shall be included annually in the unit's\n public file, and on the unit's web site, if it has one, at the time of the filing of its FCC Form 396–C:\n\n (1) A list of all full-time vacancies filled by the multichannel video programming distributor employment\n unit during the preceding year, identified by job title;\n\n (2) For each such vacancy, the recruitment source(s) utilized to fill the vacancy (including, if applicable,\n organizations entitled to notification pursuant to § 76.75(b)(1)(ii) of this section, which should be\n separately identified), identified by name, address, contact person and telephone number;\n\n (3) The recruitment source that referred the hiree for each full-time vacancy during the preceding year;\n\n (4) Data reflecting the total number of persons interviewed for full-time vacancies during the preceding\n year and the total number of interviewees referred by each recruitment source utilized in connection\n with such vacancies; and\n\n (5) A list and brief description of the initiatives undertaken pursuant to § 76.75(b)(2) during the\n preceding year, if applicable.\n\n[68 FR 693, Jan. 7, 2003, as amended at 81 FR 10126, Feb. 29, 2016]\n\n\n§ 76.1703 Commercial records on children's programs.\nCable operators airing children's programming must maintain records sufficient to verify compliance with § 76.225\nand make such records available to the public. Such records must be maintained for a period sufficient to cover the\nlimitations period specified in 47 U.S.C. 503(b)(6)(B).\n\n§ 76.1704 Proof-of-performance test data.\n (a) The proof of performance tests required by § 76.601 shall be maintained on file at the operator's local\n business office for at least five years. The test data shall be made available for inspection by the\n Commission or the local franchiser, upon request.\n\n (b) The provisions of paragraph (a) of this section shall not apply to any cable television system having fewer\n than 1,000 subscribers, subject to the requirements of § 76.601(d).\n\n\n Note to § 76.1704: If a signal leakage log is being used to meet proof of performance test\n recordkeeping requirements in accordance with § 76.601, such a log must be retained for the\n period specified in § 76.601(d).\n\n§ 76.1705 [Reserved]\n§ 76.1706 Signal leakage logs and repair records.\nCable operators shall maintain a log showing the date and location of each leakage source identified pursuant to §\n76.614, the date on which the leakage was repaired, and the probable cause of the leakage. The log shall be kept on\nfile for a period of two years and shall be made available to authorized representatives of the Commission upon\nrequest.\n\n\n Note to § 76.1705: If a signal leakage log is being used to meet proof of performance test\n\n47 CFR 76.1706 (enhanced display) page 249 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1707\nMultichannel Video and Cable Television Service\n\n\n\n recordkeeping requirements in accordance with § 76.601, such a log must be retained for the\n period specified in § 76.601(d).\n\n§ 76.1707 Leased access.\nIf a cable operator adopts and enforces a written policy regarding indecent leased access programming pursuant to\n§ 76.701, such a policy will be considered published pursuant to that rule by inclusion of the written policy in the\noperator's public inspection file.\n\n§ 76.1708 [Reserved]\n§ 76.1709 Availability of signals.\n (a) The operator of every cable television system shall maintain for public inspection a file containing a list of\n all broadcast television stations carried by its system in fulfillment of the must-carry requirements\n pursuant to § 76.56. Such list shall include the call sign, community of license, broadcast channel number,\n cable channel number, and in the case of a noncommercial educational broadcast station, whether that\n station was carried by the cable system on March 29, 1990.\n\n (b) Such records must be maintained in accordance with the provisions of § 76.1700.\n\n (c) A cable operator shall respond in writing within 30 days to any written request by any person for the\n identification of the signals carried on its system in fulfillment of the requirements of § 76.56.\n\n[65 FR 53621, Sept. 5, 2000, as amended at 81 FR 10126, Feb. 29, 2016]\n\n\n§ 76.1711 Emergency alert system (EAS) tests and activation.\nEvery cable system of 1,000 or more subscribers shall keep a record of each test and activation of the Emergency\nAlert System (EAS) procedures pursuant to the requirement of part 11 of this chapter and the EAS Operating\nHandbook. These records shall be kept for three years.\n\n§ 76.1712 Open video system (OVS) requests for carriage.\nAn open video system operator shall maintain a file of qualified video programming providers who have requested\ncarriage or additional carriage since the previous allocation of capacity. Information regarding how a video\nprogramming provider should apply for carriage must be made available upon request.\n\n\n Note 1 to § 76.1712: An open video system operator will not be required to comply with the\n regulations contained in this section if there is no open capacity to be allocated at the end of the\n three year period described in § 76.1503(c)(2)(ii).\n\n§ 76.1713 Complaint resolution.\nCable system operators shall establish a process for resolving complaints from subscribers about the quality of the\ntelevision signal delivered. Aggregate data based upon these complaints shall be made available for inspection by\nthe Commission and franchising authorities, upon request. These records shall be maintained for at least a one-year\nperiod.\n\n47 CFR 76.1713 (enhanced display) page 250 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1714\nMultichannel Video and Cable Television Service\n\n\n\n Note 1 to § 76.1713: Prior to being referred to the Commission, complaints from subscribers\n about the quality of the television signal delivered must be referred to the local franchising\n authority and the cable system operator.\n\n§ 76.1714 Familiarity with FCC rules.\n (a) The operator of a cable television system is expected to be familiar with the rules governing cable\n television systems and, if subject to the Emergency Alert System (EAS) rules contained in part 11 of this\n chapter, the EAS rules. Copies of the Commission's rules may be obtained from the Superintendent of\n Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at\n https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.\n Copies of the EAS Operating Handbook may be accessed online at https://www.fcc.gov/general/eas-test-\n reporting-system.\n\n (b) The provisions of paragraph (a) of this section are not applicable to any cable television system serving\n fewer than 1000 subscribers.\n\n (c) Both the licensee of a cable television relay station (CARS) and the operator or operators responsible for\n the proper operation of the station are expected to be familiar with the rules governing cable television\n relay stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents,\n Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at\n https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.\n\n[65 FR 53621, Sept. 5, 2000, as amended at 83 FR 13683, Mar. 30, 2018]\n\n\n§ 76.1715 Sponsorship identification.\nWhenever sponsorship announcements are omitted pursuant to § 76.1615(f) of subpart T, the cable television\nsystem operator shall observe the following conditions:\n\n (a) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser;\n\n (b) Make this list available to members of the public who have a legitimate interest in obtaining the\n information contained in the list.\n\n§ 76.1716 Subscriber records and public inspection file.\nThe operator of a cable television system shall make the system, its public inspection file, and its records of\nsubscribers available for inspection upon request by an authorized representative of the Commission at any\nreasonable hour.\n\n§ 76.1717 Compliance with technical standards.\nEach system operator shall be prepared to show, on request by an authorized representative of the Commission or\nthe local franchising authority, that the system does, in fact, comply with the technical standards rules in part 76,\nsubpart K.\n\nSubpart V—Reports and Filings\n\nSource: 65 FR 53623, Sept. 5, 2000, unless otherwise noted.\n47 CFR 76.1717 (enhanced display) page 251 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1800\nMultichannel Video and Cable Television Service\n\n\n\n\n§ 76.1800 Additional reports and filings.\nIn addition to the reports and filings required by this subpart, cable operators must provide all notifications which\nare required by § 1.1155 of this chapter (annual regulatory user fees). In addition, all cable systems subject to rate\nregulation must file FCC rate forms pursuant to the Commission's rate rules contained in subparts N and R of this\npart.\n\n\n Note 1 to § 76.1800: Cable operators are required by the Copyright Act to make semi-annual filings\n of Statements of Account with the Licensing Division of the Copyright Office, Library of Congress,\n Washington, DC 20557.\n\n\n Note 2 to § 76.1800: The Commission may require certain financial information to be submitted\n pursuant to Section 623(g) of the Communications Act, 47 U.S.C. 543(g).\n\n§ 76.1801 Registration statement.\n (a) A system community unit shall be authorized to commence operation only after filing with the\n Commission the following information on FCC Form 322.\n\n (1) The legal name of the operator, entity identification or social security number, and whether the\n operator is an individual, private association, partnership, or corporation. If the operator is a\n partnership, the legal name of the partner responsible for communications with the Commission\n shall be supplied;\n\n (2) The assumed name (if any) used for doing business in the community;\n\n (3) The mailing address, including zip code; e-mail address, if applicable; and telephone number to\n which communications are to be directed;\n\n (4) The month and year the system began service to subscribers;\n\n (5) The name of the community or area served and the county in which it is located;\n\n (6) The television broadcast signals to be carried which previously have not been certified or registered;\n and\n\n (7) The FCC Registration Number (FRN).\n\n (b) Registration statements, FCC Form 322, shall be signed by the operator; by one of the partners, if the\n operator is a partnership; by an officer, if the operator is a corporation; by a member who is an officer, if\n the operator is an unincorporated association; or by any duly authorized employee of the operator.\n\n (c) Registration statements, FCC Form 322, may be signed by the operator's attorney in case of the operator's\n physical disability or of his absence from the United States. The attorney shall in that event separately set\n forth the reasons why the registration statement was not signed by the operator. In addition, if any matter\n is stated on the basis of the attorney's belief only (rather than the attorney's knowledge), the attorney shall\n separately set forth the reasons for believing that such statements are true.\n\n[68 FR 27003, May 19, 2003]\n\n47 CFR 76.1801(c) (enhanced display) page 252 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1802\nMultichannel Video and Cable Television Service\n\n\n§ 76.1802 Annual employment report.\nEach employment unit with six or more full-time employees shall file an annual employment report on FCC Form\n395–A with the Commission on or before September 30 of each year.\n\n\n Note to § 76.1802: Data concerning the gender, race and ethnicity of an employment unit's\n workforce collected in the annual employment report will be used only for purposes of analyzing\n industry trends and making reports to Congress. Such data will not be used for the purpose of\n assessing any aspect of an individual employment unit's compliance with our EEO rules for multi-\n channel video program distributors.\n\n\n[69 FR 34954, June 23, 2004]\n\n\n§ 76.1803 Signal leakage monitoring.\nMVPDs subject to § 76.611 must submit the results of ground based measurements derived in accordance with §\n76.611(a)(1) or airspace measurements derived in accordance with § 76.611(a)(2), including a description of the\nmethod by which compliance with basic signal leakage criteria is achieved and the method of calibrating the\nmeasurement equipment. This information shall be provided to the Commission each calendar year via FCC Form\n320.\n\n[68 FR 27003, May 19, 2003]\n\n\n§ 76.1804 Aeronautical frequencies: leakage monitoring (CLI).\nAn MVPD shall notify the Commission before transmitting any digital signal with average power exceeding 10−5\nwatts across a 30 kHz bandwidth in a 2.5 millisecond time period, or for other signal types, any carrier of other\nsignal component with an average power level across a 25 kHz bandwidth in any 160 microsecond time period\nequal to or greater than 10−4 watts at any point in the cable distribution system on any new frequency or\nfrequencies in the aeronautical radio frequency bands (108–137 MHz, 225–400 MHz). The notification shall be\nmade on FCC Form 321. Such notification shall include:\n\n (a) Legal name and local address of the MVPD;\n\n (b) The names and FCC identifiers (e.g., CA0001) of the system communities affected, for a cable system,\n and the name and FCC identifier (e.g., CAB901), for other MVPDs;\n\n (c) The names and telephone numbers of local system officials who are responsible for compliance with §§\n 76.610 through 76.616 and § 76.1803;\n\n (d) Carrier frequency, tolerance, and type of modulation of all carriers in the aeronautical bands at any\n location in the cable distribution system and the maximum of those average powers measured over a 2.5\n kHz bandwidth as described in the introductory paragraph to this rule section;\n\n (e) The geographical coordinates (in NAD83) of a point near the center of the system, together with the\n distance (in kilometers) from the designated point to the most remote point of the plant, existing or\n planned, that defines a circle enclosing the entire plant;\n\n\n\n47 CFR 76.1804(e) (enhanced display) page 253 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1804(f)\nMultichannel Video and Cable Television Service\n\n\n (f) Certification that the monitoring procedure used is in compliance with § 76.614 or description of the\n routine monitoring procedure to be used; and\n\n (g) For MVPDs subject to § 76.611, the cumulative signal leakage index derived under § 76.611(a)(1) or the\n results of airspace measurements derived under § 76.611(a)(2), including a description of the method by\n which compliance with the basic signal leakage criteria is achieved and the method of calibrating the\n measurement equipment.\n\n (h) Aeronautical Frequency Notifications, FCC Form 321, shall be personally signed either electronically or\n manually by the operator; by one of the partners, if the operator is a partnership; by an officer, if the\n operator is a corporation; by a member who is an officer, if the operator is an unincorporated association;\n or by any duly authorized employee of the operator.\n\n (i) Aeronautical Frequency Notifications, FCC Form 321, may be signed by the operator's attorney in case of\n the operator's physical disability or of his absence from the United States. The attorney shall in that event\n separately set forth the reasons why the FCC Form 321 was not signed by the operator. In addition, if any\n matter is stated on the basis of the attorney's belief only (rather than the attorney's knowledge), the\n attorney shall separately set forth the reasons for believing that such statements are true.\n\n (j) The FCC Registration Number (FRN).\n\n[68 FR 27003, May 19, 2003, as amended at 83 FR 7631, Feb. 22, 2018]\n\n\n§ 76.1805 Alternative rate regulation agreements.\nSmall systems owned by small cable companies must file with the Commission a copy of any operative alternative\nrate regulation agreement entered into with a local franchising authority pursuant to § 76.934(g), within 30 days\nafter its effective date.\n\nSubpart W—Encoding Rules\n\nSource: 68 FR 66735, Nov. 28, 2003, unless otherwise noted.\n\n\n\n§ 76.1901 Applicability.\n (a) Each multi-channel video programming distributor shall comply with the requirements of this subpart.\n\n (b) This subpart shall not apply to distribution of any content over the Internet, nor to a multichannel video\n programming distributor's operations via cable modem or DSL.\n\n (c) With respect to cable system operators, this subpart shall apply only to cable services. This subpart shall\n not apply to cable modem services, whether or not provided by a cable system operator or affiliate.\n\n§ 76.1902 Definitions.\n (a) Commercial advertising messages shall mean, with respect to any service, program, or schedule or group\n of programs, commercial advertising messages other than:\n\n (1) Advertising relating to such service itself or the programming contained therein,\n\n (2) Interstitial programming relating to such service itself or the programming contained therein, or\n\n\n47 CFR 76.1902(a)(2) (enhanced display) page 254 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1902(a)(3)\nMultichannel Video and Cable Television Service\n\n\n (3) Any advertising which is displayed concurrently with the display of any part of such program(s),\n including but not limited to “bugs,” “frames” and “banners.”\n\n (b) Commercial audiovisual content shall mean works that consist of a series of related images which are\n intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or\n electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material\n objects, such as films or tapes, in which the works are embodied, transmitted by a covered entity and that\n are:\n\n (1) Not created by the user of a covered product, and\n\n (2) Offered for transmission, either generally or on demand, to subscribers or purchasers or the public at\n large or otherwise for commercial purposes, not uniquely to an individual or a small, private group.\n\n (c) Commercially adopted access control method shall mean any commercially adopted access control\n method including digitally controlled analog scrambling systems, whether now or hereafter in commercial\n use.\n\n (d) Copy never shall mean, with respect to commercial audiovisual content, the encoding of such content so\n as to signal that such content may not to be copied by a covered product.\n\n (e) Copy one generation shall mean, with respect to commercial audiovisual content, the encoding of such\n content so as to permit a first generation of copies to be made by a covered product but not copies of\n such first generation of copies.\n\n (f) Copy no more shall mean, with respect to commercial audiovisual content, the encoding of such content\n so as to reflect that such content is a first generation copy of content encoded as copy one generation\n and no further copies are permitted.\n\n (g) Covered product shall mean a device used by consumers to access commercial audiovisual content\n offered by a covered entity (excluding delivery via cable modem or the Internet); and any device to which\n commercial audiovisual content so delivered from such covered product may be passed, directly or\n indirectly.\n\n (h) Covered entity shall mean any entity that is subject to this subpart.\n\n (i) Defined business model shall mean video-on-demand, pay-per view, pay television transmission, non-\n premium subscription television, free conditional access delivery and unencrypted broadcast television.\n\n (j) Encode shall mean, in the transmission of commercial audiovisual content, to pass, attach, embed, or\n otherwise apply to, associate with, or allow to persist in or remain associated with such content, data or\n information which when read or responded to in a covered device has the effect of preventing, pausing, or\n limiting copying, or constraining the resolution of a program when output from the covered device.\n\n (k) Encoding rules shall mean the requirements or prohibitions describing or limiting encoding of audiovisual\n content as set forth in this subpart.\n\n (l) Free conditional access delivery shall mean a delivery of a service, program, or schedule or group of\n programs via a commercially-adopted access control method, where viewers are not charged any fee\n (other than government-mandated fees) for the reception or viewing of the programming contained\n therein, other than unencrypted broadcast television.\n\n\n\n\n47 CFR 76.1902(l) (enhanced display) page 255 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1902(m)\nMultichannel Video and Cable Television Service\n\n\n (m) Non-premium subscription television shall mean a service, or schedule or group of programs (which may\n be offered for sale together with other services, or schedule or group of programs), for which subscribers\n are charged a subscription fee for the reception or viewing of the programming contained therein, other\n than pay television, subscription-on-demand and unencrypted broadcast television. By way of example,\n “basic cable service” and “extended basic cable service” (other than unencrypted broadcast television)\n are “non-premium subscription television.”\n\n (n) Pay-per-view shall mean a delivery of a single program or a specified group of programs, as to which each\n such single program is generally uninterrupted by commercial advertising messages and for which\n recipients are charged a separate fee for each program or specified group of programs. The term pay-per-\n view shall also include delivery of a single program for which multiple start times are made available at\n time intervals which are less than the running time of such program as a whole. If a given delivery\n qualifies both as pay-per-view and a pay television transmission, then, for purposes of this subpart, such\n delivery shall be deemed pay-per-view rather than a pay television transmission.\n\n (o) Pay television transmission shall mean a transmission of a service or schedule of programs, as to which\n each individual program is generally uninterrupted by commercial advertising messages and for which\n service or schedule of programs subscribing viewers are charged a periodic subscription fee, such as on\n a monthly basis, for the reception of such programming delivered by such service whether separately or\n together with other services or programming, during the specified viewing period covered by such fee. If a\n given delivery qualifies both as a pay television transmission and pay-per-view, video-on-demand, or\n subscription-on-demand then, for purposes of this subpart, such delivery shall be deemed pay-per-view,\n video-on-demand or subscription-on-demand rather than a pay television transmission.\n\n (p) Program shall mean any work of commercial audiovisual content.\n\n (q) Subscription-on-demand shall mean the delivery of a single program or a specified group of programs for\n which:\n\n (1) A subscriber is able, at his or her discretion, to select the time for commencement of exhibition\n thereof,\n\n (2) Where each such single program is generally uninterrupted by commercial advertising messages;\n and\n\n (3) For which program or specified group of programs subscribing viewers are charged a periodic\n subscription fee for the reception of programming delivered by such service during the specified\n viewing period covered by the fee. In the event a given delivery of a program qualifies both as a pay\n television transmission and subscription-on-demand, then for purposes of this subpart, such delivery\n shall be deemed subscription-on-demand rather than a pay television transmission.\n\n (r) Undefined business model shall mean a business model that does not fall within the definition of a defined\n business model.\n\n (s) Unencrypted broadcast television means any service, program, or schedule or group of programs, that is a\n substantially simultaneous retransmission of a broadcast transmission (i.e., an over-the-air transmission\n for reception by the general public using radio frequencies allocated for that purpose) that is made by a\n terrestrial television broadcast station located within the country or territory in which the entity\n retransmitting such broadcast transmission also is located, where such broadcast transmission is not\n subject to a commercially-adopted access control method (e.g., is broadcast in the clear to members of\n the public receiving such broadcasts), regardless of whether such entity subjects such retransmission to\n an access control method.\n\n47 CFR 76.1902(s) (enhanced display) page 256 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1902(t)\nMultichannel Video and Cable Television Service\n\n\n (t) Video-on-demand shall mean a delivery of a single program or a specified group of programs for which:\n\n (1) Each such individual program is generally uninterrupted by commercial advertising messages;\n\n (2) Recipients are charged a separate fee for each such single program or specified group of programs;\n and\n\n (3) A recipient is able, at his or her discretion, to select the time for commencement of exhibition of such\n individual program or specified group of programs. In the event a delivery qualifies as both video-on-\n demand and a pay television transmission, then for purposes of this subpart, such delivery shall be\n deemed video-on-demand.\n\n[68 FR 66735, Nov. 28, 2003, as amended at 69 FR 4082, Jan. 28, 2004; 76 FR 40280, July 8, 2011]\n\n\n§ 76.1903 Interfaces.\nA covered entity shall not attach or embed data or information with commercial audiovisual content, or otherwise\napply to, associate with, or allow such data to persist in or remain associated with such content, so as to prevent its\noutput through any analog or digital output authorized or permitted under license, law or regulation governing such\ncovered product.\n\n§ 76.1904 Encoding rules for defined business models.\n (a) Commercial audiovisual content delivered as unencrypted broadcast television shall not be encoded so as\n to prevent or limit copying thereof by covered products or, to constrain the resolution of the image when\n output from a covered product.\n\n (b) Except for a specific determination made by the Commission pursuant to a petition with respect to a\n defined business model other than unencrypted broadcast television, or an undefined business model\n subject to the procedures set forth in § 76.1906:\n\n (1) Commercial audiovisual content shall not be encoded so as to prevent or limit copying thereof\n except as follows:\n\n (i) To prevent or limit copying of video-on-demand or pay-per-view transmissions, subject to the\n requirements of paragraph (b)(2) of this section; and\n\n (ii) To prevent or limit copying, other than first generation of copies, of pay television\n transmissions, non-premium subscription television, and free conditional access delivery\n transmissions; and\n\n (2) With respect to any commercial audiovisual content delivered or transmitted in form of a video-on-\n demand or pay-per-view transmission, a covered entity shall not encode such content so as to\n prevent a covered product, without further authorization, from pausing such content up to 90\n minutes from initial transmission by the covered entity (e.g., frame-by-frame, minute-by-minute,\n megabyte by megabyte).\n\n§ 76.1905 Petitions to modify encoding rules for new services within defined business models.\n (a) The encoding rules for defined business models in § 76.1904 reflect the conventional methods for\n packaging programs in the MVPD market as of December 31, 2002, and are presumed to be the\n appropriate rules for defined business models. A covered entity may petition the Commission for approval\n to allow within a defined business model, other than unencrypted broadcast television, the encoding of a\n\n47 CFR 76.1905(a) (enhanced display) page 257 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1905(b)\nMultichannel Video and Cable Television Service\n\n\n new service in a manner different from the encoding rules set forth in § 76.1904(b)(1) and (2). No such\n petition will be approved under the public interest test set forth in paragraph (c)(4) of this section unless\n the new service differs from existing services provided by any covered entity under the applicable defined\n business model prior to December 31, 2002.\n\n (b) Petitions. A petition to encode a new service within a defined business model other than as permitted by\n the encoding rules set forth in § 76.1904(b)(1) and (2) shall describe:\n\n (1) The defined business model, the new service, and the proposed encoding terms, including the use of\n copy never and copy one generation encoding, and the encoding of content with respect to “pause”\n set forth in § 76.1904(b)(2).\n\n (2) Whether the claimed benefit to consumers of the new service, including, but not limited to, the\n availability of content in earlier release windows, more favorable terms, innovation or original\n programming, outweighs the limitation on the consumers' control over the new service;\n\n (3) The ways in which the new service differs from existing services offered by any covered entity within\n the applicable defined business model prior to December 31, 2002;\n\n (4) All other pertinent facts and considerations relied on to support a determination that grant of the\n petition would serve the public interest.\n\n (5) Factual allegations shall be supported by affidavit or declaration of a person or persons with actual\n knowledge of the facts, and exhibits shall be verified by the person who prepares them.\n\n (c) Petition process —\n\n (1) Public notice. The Commission shall give public notice of any such petition.\n\n (2) Comments. Interested persons may submit comments or oppositions to the petition within thirty (30)\n days after the date of public notice of the filing of such petition. Comments or oppositions shall be\n served on the petitioner and on all persons listed in petitioner's certificate of service, and shall\n contain a detailed full statement of any facts or considerations relied on. Factual allegations shall be\n supported by affidavit or declaration of a person or persons with actual knowledge of the facts, and\n exhibits shall be verified by the person who prepares them.\n\n (3) Replies. The petitioner may file a reply to the comments or oppositions within ten (10) days after\n their submission, which shall be served on all persons who have filed pleadings and shall also\n contain a detailed full showing, supported by affidavit or declaration, of any additional facts or\n considerations relied on. There shall be no further pleadings filed after petitioner's reply, unless\n authorized by the Commission.\n\n (4) Commission determination as to encoding rules for a new service within a defined business model.\n\n (i) Proceedings initiated by petitions pursuant to this section shall be permit-but-disclose\n proceedings, unless otherwise specified by the Commission. The covered entity shall have the\n burden of proof to establish that the proposed change in encoding rules for a new service is in\n the public interest. In making its determination, the Commission shall take into account the\n following factors:\n\n (A) Whether the benefit to consumers of the new service, including but not limited to earlier\n release windows, more favorable terms, innovation or original programming, outweighs\n the limitation on the consumers' control over the new service;\n\n\n47 CFR 76.1905(c)(4)(i)(A) (enhanced display) page 258 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1905(c)(4)(i)(B)\nMultichannel Video and Cable Television Service\n\n\n (B) Ways in which the new service differs from existing services offered by any covered entity\n within the applicable defined business model prior to December 31, 2002; and\n\n (ii) The Commission may specify other procedures, such as oral argument, evidentiary hearing, or\n further written submissions directed to particular aspects, as it deems appropriate.\n\n (iii) A petition may, upon request of the petitioner, be dismissed without prejudice as a matter of\n right prior to the adoption date of any final action taken by the Commission with respect to the\n petition. A petitioner's request for the return of a petition will be regarded as a request for\n dismissal.\n\n (d) Complaint regarding a new service not subject to petition. In an instance in which an interested party has a\n substantial basis to believe and does believe in good faith that a new service within a defined business\n model has been launched without a petition as required by this section, such party may file a complaint\n pursuant to § 76.7.\n\n§ 76.1906 Encoding rules for undefined business models.\n (a) Upon public notice and subject to requirements as set forth herein, a covered entity may launch a program\n service pursuant to an undefined business model. Subject to Commission review upon complaint, the\n covered entity may initially encode programs pursuant to such undefined business model without regard\n to limitations set forth in § 76.1904(b).\n\n (1) Notice. Concurrent with the launch of an undefined business model by a covered entity, the covered\n entity shall issue a press release to the PR Newswire so as to provide public notice of the undefined\n business model, and the proposed encoding terms. The notice shall provide a concise summary of\n the commercial audiovisual content to be provided pursuant to the undefined business model, and of\n the terms on which such content is to be available to consumers. Immediately upon request from a\n party entitled to be a complainant, the covered entity shall make available information that indicates\n the proposed encoding terms, including the use of copy never or copy one generation encoding, and\n the encoding of content with respect to “pause” as defined in § 76.1904(b)(2).\n\n (2) Complaint process. Any interested party (“complainant”) may file a complaint with the Commission\n objecting to application of encoding as set forth in the notice.\n\n (i) Pre-complaint resolution. Prior to initiating a complaint with the Commission under this section,\n the complainant shall notify the covered entity that it may file a complaint under this section.\n The notice must be sufficiently detailed so that the covered entity can determine the specific\n nature of the potential complaint. The potential complainant must allow a minimum of thirty\n (30) days from such notice before filing such complaint with the Commission. During this\n period the parties shall endeavor in good faith to resolve the issue(s) in dispute. If the parties\n fail to reach agreement within this 30 day period, complainant may initiate a complaint in\n accordance with the procedures set forth herein.\n\n (ii) Complaint. Within two years of publication of a notice under paragraph (a)(1) of this section, a\n complainant may file a complaint with the Commission objecting to application of the encoding\n terms to the service at issue. Such complaint shall state with particularity the basis for\n objection to the encoding terms.\n\n (A) The complaint shall contain the name and address of the complainant and the name and\n address of the covered entity.\n\n\n\n47 CFR 76.1906(a)(2)(ii)(A) (enhanced display) page 259 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1906(a)(2)(ii)(B)\nMultichannel Video and Cable Television Service\n\n\n (B) The complaint shall be accompanied by a certification of service on the named covered\n entity.\n\n (C) The complaint shall set forth with specificity all information and arguments relied upon.\n Specific factual allegations shall be supported by a declaration of a person or persons\n with actual knowledge of the facts, and exhibits shall be verified by the person who\n prepares them.\n\n (D) The complaint shall set forth attempts made by the complainant to resolve its complaint\n pursuant to paragraph (a)(2)(i) of this section.\n\n (iii) Public notice. The Commission shall give public notice of the filing of the complaint. Once the\n Commission has issued such public notice, any person otherwise entitled to be a complainant\n shall instead have the status of a person submitting comments under paragraph (a)(2)(iv) of\n this section rather than a complainant.\n\n (iv) Comments and reply.\n\n (A) Any person may submit comments regarding the complaint within thirty (30) days after the\n date of public notice by the Commission. Comments shall be served on the complainant\n and the covered entity and on any persons listed in relevant certificates of service, and\n shall contain a detailed full statement of any facts or considerations relied on. Specific\n factual allegations shall be supported by a declaration of a person or persons with actual\n knowledge of the facts, and exhibits shall be verified by the person who prepares them.\n\n (B) The covered entity may file a response to the complaint and comments within twenty (20)\n days after the date that comments are due. Such response shall be served on all persons\n who have filed complaints or comments and shall also contain a detailed full showing,\n supported by affidavit or declaration, of any additional facts or considerations relied on.\n Replies shall be due ten (10) days from the date for filing a response.\n\n (v) Basis for Commission determination as to encoding terms for an undefined business model. In a\n permit-but-disclose proceeding, unless otherwise specified by the Commission, to determine\n whether encoding terms as noticed may be applied to an undefined business model, the\n covered entity shall have the burden of proof to establish that application of the encoding terms\n in the undefined business model is in the public interest. In making any such determination, the\n Commission shall take into account the following factors:\n\n (A) Whether the benefit to consumers of the new service, including but not limited to earlier\n release windows, more favorable terms, innovation or original programming, outweighs\n the limitation on the consumers' control over the new service;\n\n (B) Ways in which the new service differs from services offered by any covered entity prior to\n December 31, 2002;\n\n (vi) Determination procedures. The Commission may specify other procedures, such as oral\n argument, evidentiary hearing, or further written submissions directed to particular aspects, as\n it deems appropriate.\n\n (b) Complaint regarding a service not subject to notice. In an instance in which an interested party has a\n substantial basis to believe and believes in good faith that a service pursuant to an undefined business\n model has been launched without requisite notice, such party may file a complaint pursuant to § 76.7.\n\n\n47 CFR 76.1906(b) (enhanced display) page 260 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.1907\nMultichannel Video and Cable Television Service\n\n\n§ 76.1907 Temporary bona fide trials.\nThe obligations and procedures as to encoding rules set forth in §§ 76.1904(b) and (c) and 76.1905(a) and (b) do\nnot apply in the case of a temporary bona fide trial of a service.\n\n§ 76.1908 Certain practices not prohibited.\nNothing in this subpart shall be construed as prohibiting a covered entity from:\n\n (a) Encoding, storing or managing commercial audiovisual content within its distribution system or within a\n covered product under the control of a covered entity's commercially adopted access control method,\n provided that the outcome for the consumer from the application of the encoding rules set out in §\n 76.1904(a) and (b) is unchanged thereby when such commercial audiovisual content is released to\n consumer control and provided that all other laws, regulations, or licenses applicable to such encoding,\n storage, or management shall be unaffected by this section, or\n\n (b) Causing, with respect to a specific covered product, the output of content from such product in a format\n as necessary to match the display format of another device connected to such product, including but not\n limited to providing for content conversion between widely-used formats for the transport, processing and\n display of audiovisual signals or data, such as between analog and digital formats and between PAL and\n NTSC or RGB and Y,Pb,Pr.\n\n[68 FR 66735, Nov. 28, 2003, as amended at 76 FR 40280, July 8, 2011]\n\n\n§ 76.1909 Redistribution control of unencrypted digital terrestrial broadcast content.\n (a) For the purposes of this section, the terms unencrypted digital terrestrial broadcast content, EIT, PMT,\n broadcast flag, covered demodulator product, and marked content shall have the same meaning as set\n forth in § 73.9000 of this chapter.\n\n (b) Encrypted retransmission. Where a multichannel video programming distributor retransmits unencrypted\n digital terrestrial broadcast content in encrypted form, such distributor shall, upon demodulation of the\n 8–VSB, 16–VSB, 64–QAM or 256–QAM signal, inspect either the EIT or PMT for the broadcast flag, and if\n the broadcast flag is present:\n\n (1) Securely and robustly convey that information to the consumer product used to decrypt the\n distributor's signal information, and\n\n (2) Require that such consumer product, following such decryption, protect the content of such signal as\n if it were a covered demodulator product receiving marked content.\n\n (c) Unencrypted retransmission. Where a multichannel video programming distributor retransmits\n unencrypted digital terrestrial broadcast content in unencrypted form, such distributor shall, upon\n demodulation:\n\n (1) Preserve the broadcast flag, if present, in both the EIT and PMT; and\n\n (2) Use 8–VSB, 16–VSB, 64–QAM, or 256–QAM signal modulation for the retransmission.\n\n (d) Unmarked content. Where a multichannel video programming distributor retransmits unencrypted digital\n terrestrial broadcast content that is not marked with the broadcast flag, the multichannel video\n programming distributor shall not encode such content to restrict its redistribution.\n\n47 CFR 76.1909(d) (enhanced display) page 261 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000\nMultichannel Video and Cable Television Service\n\n\n[68 FR 67607, Dec. 3, 2003]\n\n\nSubpart X—Access to MDUs\n§ 76.2000 Exclusive access to multiple dwelling units generally.\n (a) Prohibition. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce or\n execute any provision in a contract that grants to it the exclusive right to provide any video programming\n service (alone or in combination with other services) to a MDU. All such exclusivity clauses are null and\n void.\n\n (b) Prohibition of graduated revenue sharing agreements. No cable operator or other provider of MVPD\n service subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of\n communications service in a MDU, written or oral, in which it gives the MDU owner compensation on a\n graduated basis.\n\n (1) Definition. For purposes of this paragraph (b), a “graduated basis” means that the compensation a\n cable operator or other provider of MVPD service subject to 47 U.S.C. 548 pays to a MDU owner for\n each tenant served increases as the total number of tenants served by the cable operator or other\n provider of MVPD service subject to 47 U.S.C. 548 in the MDU increases.\n\n (2) Compliance dates —\n\n (i) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of\n MVPD service subject to 47 U.S.C. 548 shall enter into any contract regarding the provision of\n communications service in a MDU, written or oral, in which it gives the MDU owner\n compensation on a graduated basis.\n\n (ii) Compliance date for existing contracts. After September 26, 2022, no cable operator or other\n provider of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the\n provision of communications service in an MDU, written or oral, in existence as of April 27,\n 2022, in which it gives the MDU owner compensation on a graduated basis.\n\n (c) Prohibition of exclusive revenue sharing agreements. No cable operator or other provider of MVPD service\n subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of\n communications service in a MDU, written or oral, in which it receives the exclusive right to provide the\n MDU owner compensation in return for access to the MDU and its tenants.\n\n (1) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of MVPD\n service subject to 47 U.S.C. 548 shall enter into any contract, written or oral, in which it receives the\n exclusive right to provide the MDU owner compensation in return for access to the MDU and its\n tenants.\n\n (2) Compliance date for existing contracts. After September 26, 2022, no cable operator or other provider\n of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the provision of\n communications service in a MDU, written or oral, in existence as of April 27, 2022, in which it\n receives the exclusive right to provide the MDU owner compensation in return for access to the MDU\n and its tenants.\n\n (d) Required disclosure of exclusive marketing arrangements. A cable operator or other provider of MVPD\n service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of\n communications service in a MDU, written or oral, in which it receives the exclusive right to market its\n service to tenants of a MDU.\n47 CFR 76.2000(d) (enhanced display) page 262 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(d)(1)\nMultichannel Video and Cable Television Service\n\n\n (1) Such disclosure must:\n\n (i) Be included on all written marketing material, whether electronic or in print, that is directed at\n tenants or prospective tenants of the affected MDU;\n\n (ii) Identify the existence of the contract and include a plain-language description of the\n arrangement, including that the provider has the right to exclusively market its communications\n services to tenants in the MDU, that such a right does not mean that the provider is the only\n entity that can provide such services to tenants in the MDU, and that service from an alternative\n provider may be available; and\n\n (iii) Be made in a manner that it is clear, conspicuous, and legible.\n\n (2)\n\n (i) Compliance date for new contracts. After August 22, 2022, a cable operator or other provider of\n MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding\n the provision of communications service in a MDU, written or oral, in which it receives the\n exclusive right to market its service to tenants of an MDU.\n\n (ii) Compliance date for existing contracts. After September 26, 2022, a cable operator or other\n provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract\n regarding the provision of communications service in a MDU, written or oral, in which it receives\n the exclusive right to market its service to tenants of an MDU.\n\n (e) Definition. For purposes of this rule, MDU shall include a multiple dwelling unit building (such as an\n apartment building, condominium building or cooperative) and any other centrally managed residential\n real estate development (such as a gated community, mobile home park, or garden apartment); provided\n however, that MDU shall not include time share units, academic campuses and dormitories, military\n bases, hotels, rooming houses, prisons, jails, halfway houses, hospitals, nursing homes or other assisted\n living facilities.\n\n[73 FR 1089, Jan. 7, 2008, as amended at 87 FR 17194, Mar. 28, 2022; 87 FR 51269, Aug. 22, 2022]\n\n\nAlphabetical Index—Part 76\n\n A\n A and B grade contours 76.5\n Access, Channel enforcement 76.10\n Address, operator or status change reports 76.400\n Aeronautical and marine emergency frequencies, Operation near 76.616\n Aeronautical band usage, Notification requirements 76.615\n Authority, Special temporary 76.29\n B\n B and A grade contours 76.5\n Boundaries, TV markets 76.53\n Broadcast, Sports 76.67\n Broadcast station, TV 76.5\n C\n\n47 CFR 76.2000(e) (enhanced display) page 263 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(e)\nMultichannel Video and Cable Television Service\n\n\n Cable TV channel: Classes I, II, III, IV 76.5\n Cablecasting 76.5\n CATV basic signal leakage performance criteria 76.611\n CATV system 76.5\n CATV system interference 76.613\n Candidates for public office, Cablecast by 76.205\n Carriage disputes 76.58\n Carriage, mandatory, Expiration of 76.64\n Carriage, Manner of 76.62\n Carriage of other TV signals 76.60\n Carriage of TV stations, Mandatory 76.56\n Carriage of TV stations, Mandatory, Exemption from 76.70\n Channel access enforcement 76.10\n Communities, Designated 76.51\n Community, Principal contour 76.5\n Community unit 76.5\n Consumer education-selector switches 76.66\n Cross-ownership 76.501\n D\n Definitions, Part 76 76.5\n Designated communities 76.51\n Dismissal: Special relief petitions 76.8\n Disputes concerning carriage 76.58\n Doctrine, Fairness 76.209\n E\n Editorials, Political 76.209\n Enforcement, Channel access 76.10\n Enforcement, Lockbox 76.11\n Equal employment opportunity—\n Scope 76.71\n General Policy 76.73\n Program requirements 76.75\n Reporting requirements 76.77\n Public inspection of records 76.79\n Exceptions, to rules provisions—\n Network program nonduplication 76.95\n Signal leakage performance criteria 76.618\n Frequency separation standards 76.618\n F\n Fairness doctrine 76.209\n File, Public inspection 76.305\n\n\n47 CFR 76.2000(e) (enhanced display) page 264 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(e)\nMultichannel Video and Cable Television Service\n\n\n Forfeitures 76.9\n Forms, Report 76.403\n Frequency bands 108–136; 225–400 MHz, Operation in 76.610\n Frequency separation standards 76.612\n Frequency separation standards, Exception to 76.618\n Full network station 76.5\n G\n Grandfathering, exceptions to rules provisions—\n Non-network program exclusivity 76.99\n Non-applicability of §§ 76.611 and 76.612 76.618\n Operation in frequency bands 108–136; 225–400 mHz 76.619\n H-I\n Identification Sponsorship; list retention 76.221\n Independent station 76.5\n Input selector switches 76.66\n Input selector switches, consumer education 76.66\n Input selector switches, Exemption 76.70\n Inspection, CATV systems, by FCC 76.307\n Interference from CATV system 76.613\n Interference, Receiver-generated, Responsibility 76.617\n Isolation, Terminal 76.5\n J-L\n Leakage measurements, Signal 76.601\n Leakage, Signal, performance criteria 76.611\n Leakage, Signal, performance criteria, Exception 76.618\n List retention, Sponsorship identification 76.221\n Lockbox enforcement 76.11\n Lotteries 76.213\n M\n Mandatory carriage of TV stations 76.56\n Mandatory carriage of TV stations, Exemption from 76.70\n Manner of carriage 76.62\n Marine and aeronautical emergency frequencies, Operation near 76.716\n Major TV markets 76.51\n Market size operation provisions—\n Measurements, Performance 76.609\n Measurements, Signal leakage 76.601\n Monitoring, CATV system 76.614\n Must carry requirements 76.55, 76.59, 76.61, 76.64\n N\n Network nonduplication: protection extent 76.94\n\n\n47 CFR 76.2000(e) (enhanced display) page 265 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(e)\nMultichannel Video and Cable Television Service\n\n\n Network nonduplication waivers 76.97\n Network program nonduplication: Exceptions 76.95\n Network program nonduplication: Notification 76.94\n Network programming 76.5\n Network programs: nonduplication protection 76.92\n Network station, Full 76.5\n Network station, Partial 76.5\n Noise, System 76.5\n Nonduplication protection, Network programs 76.92\n Non-network program exclusivity, exceptions 76.99\n Notification requirements: aeronautical bands 76.615\n Notification requirements: network nonduplication 76.94\n O\n Operation in frequency bands 108–136 and 225–400 MHz 76.610\n Operator, address or status change reports 76.400\n Order, Show cause 76.9\n Ownership, Cross 76.501\n P\n Partial network station 76.5\n Performance measurements 76.609\n Personal attacks: political cablecasts 76.209\n Petitions, Dismissal of 76.8\n Petitions for waiver 76.7\n Political editorials 76.209\n Possession of rules 76.301\n Prime time 76.5\n Program carriages, STV 76.64\n Programming, Network 76.5\n Protection extent: network nonduplication 76.94\n Public inspection file 76.305\n Public office, Cablecasts by candidates for 76.205\n PURPOSE—Part 76 76.1\n Q\n Qualified TV station, Showing 76.55\n R\n Rate regulation standards 76.33\n Receiver generated interference 76.617\n Reference points, Major/smaller markets 76.53\n Registration statement: signature 76.14\n Registration statement 76.12\n Relief, Special 76.7\n\n\n47 CFR 76.2000(e) (enhanced display) page 266 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(e)\nMultichannel Video and Cable Television Service\n\n\n Report forms 76.403\n Reports: Change of operator, address, status 76.400\n Responsibility for receiver-generated interference 76.617\n Rule waiver 76.7\n Rules, Possession 76.301\n S\n Selector switches, Input 76.66\n Selector switches, input, Exemption 76.70\n Show cause order 76.9\n Signal leakage measurements 76.601\n Signal leakage performance criteria 76.611\n Signature: registration statement 76.14\n Significantly viewed signals 76.54\n Special relief 76.7\n Special relief petitions, Dismissal of 76.8\n Special temporary authority 76.29\n Specified zone, TV station 76.5\n Sponsorship identification, List retention 76.221\n Sports broadcasts 76.67\n Standards for rate regulation 76.33\n Standards, Technical 76.605\n Station protection: network program nonduplication 76.92\n Status, operator or address change reports 76.400\n Subscriber terminal 76.5\n Subscribers 76.5\n System community unit 76.5\n System inspection (by FCC) 76.307\n System monitoring 76.614\n System noise 76.5\n T\n Technical standards 76.605\n Terminal isolation 76.5\n Terminal, Subscriber 76.5\n Tests, Performance 76.601\n Translator station, TV 76.5\n TV markets, Boundaries of 76.53\n TV markets, Major 76.51\n TV signals, Carriage non-mandatory 76.60\n U-V\n Vertical blanking interval, Services on 76.64\n W\n\n\n47 CFR 76.2000(e) (enhanced display) page 267 of 268\n\f47 CFR Part 76 (up to date as of 2/20/2024)\n 47 CFR 76.2000(e)\nMultichannel Video and Cable Television Service\n\n\n Waiver, Network nonduplication 76.97\n Waiver, Rules 76.7\n X-Y-Z\n Zone, Specified, of TV station 76.5\n\n\n[50 FR 38536, Sept. 23, 1985; 50 FR 39114, Sept. 27, 1985, as amended at 51 FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6,\n1987]\n\n\n\n\n47 CFR 76.2000(e) (enhanced display) page 268 of 268\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":41,"cells":{"Content":{"kind":"string","value":"47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR Part 30 (Feb. 20, 2024)\nUpper Microwave Flexible Use Service\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 30 Upper Microwave Flexible Use Service\n Subpart A General\n § 30.1 Creation of upper microwave flexible use service, scope and authority.\n § 30.2 Definitions.\n § 30.3 Eligibility.\n § 30.4 Frequencies.\n § 30.5 Service areas.\n § 30.6 Permissible communications.\n § 30.7 37–37.6 GHz Band—Shared coordinated service.\n § 30.8 [Reserved]\n Subpart B Applications and Licenses\n § 30.101 Initial authorizations.\n § 30.102 Transition of existing local multipoint distribution service and 39 GHz licenses.\n § 30.103 License term.\n § 30.104 Performance requirements.\n § 30.105 Geographic partitioning and spectrum disaggregation.\n Subpart C Technical Standards\n § 30.201 Equipment authorization.\n § 30.202 Power limits.\n § 30.203 Emission limits.\n § 30.204 Field strength limits.\n § 30.205 Federal coordination requirements.\n § 30.206 International coordination.\n § 30.207 Radio frequency (RF) safety.\n § 30.208 Operability.\n § 30.209 Duplexing.\n Subpart D Competitive Bidding Procedures\n § 30.301 Upper Microwave Flexible Use Service subject to competitive bidding.\n § 30.302 Designated entities and bidding credits.\n Subpart E Special Provisions for Fixed Point-to-Point, Fixed Point-to-Multipoint\n Hub Stations, and Fixed Point-to-Multipoint User Stations\n § 30.401 Permissible service.\n § 30.402 Frequency tolerance.\n\n47 CFR Part 30 (Feb. 20, 2024) (enhanced display) page 1 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR Part 30 (Feb. 20, 2024)\nUpper Microwave Flexible Use Service\n\n\n § 30.403 Bandwidth.\n § 30.404 Emission limits.\n § 30.405 Transmitter power limitations.\n § 30.406 Directional antennas.\n § 30.407 Antenna polarization.\n\n\nPART 30—UPPER MICROWAVE FLEXIBLE USE SERVICE\nAuthority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 309, 310, 316, 332, 1302, unless otherwise noted.\n\nSource: 81 FR 79937, Nov. 14, 2016, unless otherwise noted.\n\nSubpart A—General\n§ 30.1 Creation of upper microwave flexible use service, scope and authority.\nAs of December 14, 2016, Local Multipoint Distribution Service licenses for the 27.5–28.35 GHz band, and licenses\nissued in the 38.6–40 GHz band under part 101 of this chapter shall be reassigned to the Upper Microwave Flexible\nUse Service. Local Multipoint Distribution Service licenses in bands other than 27.5–28.35 GHz shall remain in that\nservice and shall be governed by the part 101 of this chapter applicable to that service.\n\n§ 30.2 Definitions.\nThe following definitions apply to this part:\n\n Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is\n normally considered to be the necessary or occupied bandwidth, whichever is greater. (See § 2.202 of this\n chapter).\n\n Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified\n in the instrument of authorization.\n\n Fixed satellite earth station. An earth station intended to be used at a specified fixed point.\n\n Local Area Operations. Operations confined to physical facility boundaries, such as a factory.\n\n Point-to-Multipoint Hub Station. A fixed point-to-multipoint radio station that provides one-way or two-way\n communication with fixed Point-to-Multipoint Service User Stations.\n\n Point-to-Multipoint Service. A fixed point-to-multipoint radio service consisting of point-to-multipoint hub\n stations that communicate with fixed point-to-multipoint user stations.\n\n Point-to-Multipoint User Station. A fixed radio station located at users' premises, lying within the coverage area\n of a Point-to-Multipoint Hub station, using a directional antenna to receive one-way communications from\n or providing two-way communications with a fixed Point-to-Multipoint Hub Station.\n\n Point-to-point station. A station that transmits a highly directional signal from a fixed transmitter location to a\n fixed receive location.\n\n Portable device. Transmitters designed to be used within 20 centimeters of the body of the user.\n\n47 CFR 30.2 “Portable device” (enhanced display) page 2 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.2 “Prior coordination”\nUpper Microwave Flexible Use Service\n\n\n Prior coordination. A bilateral process conducted prior to filing applications which includes the distribution of\n the technical parameters of a proposed radio system to potentially affected parties for their evaluation\n and timely response.\n\n Secondary operations. Radio communications which may not cause interference to operations authorized on a\n primary basis and which are not protected from interference from these primary operations\n\n Transportable station. Transmitting equipment that is not intended to be used while in motion, but rather at\n stationary locations.\n\n Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application\n filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all\n applications and related documents by applicants and licensees in the Wireless Radio Services, and\n provides public access to licensing information.\n\n§ 30.3 Eligibility.\nAny entity who meets the technical, financial, character, and citizenship qualifications that the Commission may\nrequire in accordance with such Act, other than those precluded by section 310 of the Communications Act of 1934,\nas amended, 47 U.S.C. 310, is eligible to hold a license under this part.\n\n§ 30.4 Frequencies.\nThe following frequencies are available for assignment in the Upper Microwave Flexible Use Service:\n\n (a) 24.25–24.45 GHz and 24.75–25.25 GHz bands—24.25–24.35 GHz; 24.35–24.45 GHz; 24.75–24.85 GHz;\n 24.85–24.95 GHz; 24.95–25.05 GHz; 25.05–25.15 GHz; and 25.15–25.25 GHz.\n\n (b) [Reserved]\n\n (c) 27.5 GHz—28.35 GHz band—27.5–27.925 GHz and 27.925–28.35 GHz.\n\n (d) 38.6–40 GHz band:\n\n (1) New channel plan:\n\n Frequency band\n Channel No. limits\n (MHz)\n 1 38,600–38,700\n 2 38,700–38,800\n 3 38,800–38,900\n 4 38,900–39,000\n 5 39,000–39,100\n 6 39,100–39,200\n 7 39,200–39,300\n 8 39,300–39,400\n 9 39,400–39,500\n 10 39,500–39,600\n 11 39,600–39,700\n\n47 CFR 30.4(d)(1) (enhanced display) page 3 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.4(d)(2)\nUpper Microwave Flexible Use Service\n\n\n Frequency band\n Channel No. limits\n (MHz)\n 12 39,700–39,800\n 13 39,800–39,900\n 14 39,900–40,000\n\n\n (2) Pending transition to the new channel plan, existing 39 GHz licensees licensed under part 101 of this\n chapter may continue operating on the following channel plan:\n\n Channel group A Channel group B\n Channel No. Frequency band limits (MHz) Channel No. Frequency band limits (MHz)\n 1–A 38,600–38,650 1–B 39,300–39,350\n 2–A 38,650–38,700 2–B 39,350–39,400\n 3–A 38,700–38,750 3–B 39,400–39,450\n 4–A 38,750–38,800 4–B 39,450–39,500\n 5–A 38,800–38,850 5–B 39,500–39,550\n 6–A 38,850–38,900 6–B 39,550–39,600\n 7–A 38,900–38,950 7–B 39,600–39,650\n 8–A 38,950–39,000 8–B 39,650–39,700\n 9–A 39,000–39,050 9–B 39,700–39,750\n 10–A 39,050–39,100 10–B 39,750–39,800\n 11–A 39,100–39,150 11–B 39,800–39,850\n 12–A 39,150–39,200 12–B 39,850–39,900\n 13–A 39,200–39,250 13–B 39,900–39,950\n 14–A 39,250–39,300 14–B 39,950–40,000\n\n\n (e) [Reserved]\n\n (f) 37–38.6 GHz band: 37,600–37,700; 37,700–37,800 MHz; 37,800–37,900 MHz; 37,900–38,000 MHz;\n 38,000–38,100 MHz; 38,100–38,200 MHz; 38,200–38,300 MHz; 38,300–38,400 MHz; 38,400–38,500\n MHz, and 38,500–38,600 MHz. The 37,000–37,600 MHz band segment shall be available on a site-\n specific, coordinated shared basis with eligible Federal entities.\n\n (g) 47.2–48.2 GHz band—47.2–47.3 GHz; 47.3–47.4 GHz; 47.4–47.5 GHz; 47.5–47.6 GHz; 47.6–47.7 GHz;\n 47.7–47.8 GHz; 47.8–47.9 GHz; 47.9–48.0 GHz; 48.0–48.1 GHz; and 48.1–48.2 GHz.\n\n[81 FR 79937, Nov. 14, 2016, as amended at 83 FR 65, Jan. 2, 2018; 84 FR 1631, Feb. 5, 2019]\n\n\n§ 30.5 Service areas.\n (a) Except as noted in paragraphs (b) and (c) of this section, and except for the shared 37–37.6 GHz band,\n the service areas for the Upper Microwave Flexible Use Service are Partial Economic Areas.\n\n (b) For the 27.5–28.35 GHz band, the service areas shall be counties.\n\n\n47 CFR 30.5(b) (enhanced display) page 4 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.5(c)\nUpper Microwave Flexible Use Service\n\n\n (c) Common Carrier Fixed Point-to-Point Microwave Stations licensed in the 38.6–40 GHz bands licensed\n with Rectangular Service Areas shall maintain their Rectangular Service Area as defined in their\n authorization. The frequencies associated with Rectangular Service Area authorizations that have expired,\n cancelled, or otherwise been recovered by the Commission will automatically revert to the applicable\n county licensee.\n\n (d) In the 37.5–40 GHz band, Upper Microwave Flexible Use Service licensees shall not place facilities within\n the protection zone of Fixed-Satellite Service earth stations authorized pursuant to § 25.136 of this\n chapter, absent consent from the Fixed-Satellite Service earth station licensee.\n\n§ 30.6 Permissible communications.\n (a) A licensee in the frequency bands specified in § 30.4 may provide any services for which its frequency\n bands are allocated, as set forth in the non-Federal Government column of the Table of Frequency\n Allocations in § 2.106 of this chapter (column 5).\n\n (b) Fixed-Satellite Service shall be provided in a manner consistent with part 25 of this chapter. The technical\n and operating rules in this part shall not apply to Fixed-Satellite Service operation.\n\n[81 FR 79937, Nov. 14, 2016, as amended at 83 FR 65, Jan. 2, 2018]\n\n\n§ 30.7 37–37.6 GHz Band—Shared coordinated service.\n (a) The 37–37.6 GHz band will be available for site-based registrations on a coordinated basis with co-equal\n eligible Federal entities.\n\n (b) Any non-Federal entity meeting the eligibility requirements of § 30.3 may operate equipment that complies\n with the technical rules of this part pursuant to a Shared Access License.\n\n (c) Licensees in the 37–37.6 GHz band must register their individual base stations and access points prior to\n placing them in operation.\n\n§ 30.8 [Reserved]\n\nSubpart B—Applications and Licenses\n§ 30.101 Initial authorizations.\nExcept with respect to in the 37–37.6 GHz band, an applicant must file a single application for an initial\nauthorization for all markets won and frequency blocks desired. Initial authorizations shall be granted in accordance\nwith § 30.4. Applications for individual sites are not required and will not be accepted, except where required for\nenvironmental assessments, in accordance with §§ 1.1301 through 1.1319 of this chapter.\n\n§ 30.102 Transition of existing local multipoint distribution service and 39 GHz licenses.\nLocal Multipoint Distribution Service licenses in the 27.5—28.35 GHz band issued on a Basic Trading Area basis\nshall be disaggregated into county-based licenses and 39 GHz licenses issued on an Economic Area basis shall be\ndisaggregated into Partial Economic Area-based licenses on December 14, 2016. For each county in the Basic\nTrading Area or Partial Economic Area in the Economic Area which is part of the original license, the licensee shall\nreceive a separate license. If there is a co-channel Rectangular Service Area licensee within the service area of a 39\nGHz Economic Area licensee, the disaggregated license shall not authorize operation with the service area of the\nRectangular Service Area license.\n\n47 CFR 30.102 (enhanced display) page 5 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.103\nUpper Microwave Flexible Use Service\n\n\n§ 30.103 License term.\nInitial authorizations will have a term not to exceed ten years from the date of initial issuance or renewal.\n\n§ 30.104 Performance requirements.\n (a) Upper Microwave Flexible Use Service licensees must make a buildout showing as part of their renewal\n applications. Licensees relying on mobile or point-to-multipoint service must show that they are providing\n reliable signal coverage and service to at least 40 percent of the population within the service area of the\n licensee, and that they are using facilities to provide service in that area either to customers or for internal\n use. Licensees relying on point-to-point service must demonstrate that they have four links operating and\n providing service, either to customers or for internal use, if the population within the license area is equal\n to or less than 268,000. If the population within the license area is greater than 268,000, a licensee relying\n on point-to-point service must demonstrate it has at least one link in operation and is providing service for\n each 67,000 population within the license area. In order to be eligible to be counted under the point-to-\n point buildout standard, a point-to-point link must operate with a transmit power greater than +43 dBm.\n\n (b) In the alternative, a licensee may make its buildout showing on the basis of geographic area coverage. To\n satisfy the requirements of using this metric, licensees relying on mobile or point-to-multipoint service\n must show that they are providing reliable signal coverage and service to at least 25% of the geographic\n area of the license. The geographic area of the license shall be determined by the total land area of the\n county or counties covered by the license. Licensees relying on fixed point-to-point links or other, low-\n power point-to-point connections must show that they have deployed at least one transmitter or receiver\n in at least 25% of the census tracts within the license area. All equipment relied upon in the showing,\n whatever type of service or connection it provides, must be operational and providing service, either to\n customers or for internal use, as of the date of the filing.\n\n (c) Showings that rely on a combination of multiple types of service will be evaluated on a case-by-case\n basis. Licensees may not combine population-based showings with geographic area-based showings.\n\n (d) If a licensee in this service is also a Fixed-Satellite Service licensee and uses the spectrum covered under\n its UMFUS license in connection with a satellite earth station, it can demonstrate compliance with the\n requirements of this section by demonstrating that the earth station in question is in service, operational,\n and using the spectrum associated with the license. This provision can only be used to demonstrate\n compliance for the county in which the earth station is located.\n\n (e) Failure to meet this requirement will result in automatic cancellation of the license. In bands licensed on a\n Partial Economic Area basis, licensees will have the option of partitioning a license on a county basis in\n order to reduce the population or land area within the license area to a level where the licensee's buildout\n would meet one of the applicable performance metrics.\n\n (f) Existing 24 GHz, 28 GHz and 39 GHz licensees shall be required to make a showing pursuant to this\n section by June 1, 2024.\n\n[81 FR 79937, Nov. 14, 2016, as amended at 83 FR 65, Jan. 2, 2018; 83 FR 34492, July 20, 2018]\n\n\n\n\n47 CFR 30.104(f) (enhanced display) page 6 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.105\nUpper Microwave Flexible Use Service\n\n\n§ 30.105 Geographic partitioning and spectrum disaggregation.\n (a) Parties seeking approval for partitioning and disaggregation shall request from the Commission an\n authorization for partial assignment of a license pursuant to § 1.948 of this chapter. Upper Microwave\n Flexible Use Service licensees may apply to partition their licensed geographic service area or\n disaggregate their licensed spectrum at any time following the grant of their licenses.\n\n (b) Technical standards —\n\n (1) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to\n § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The\n geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second\n of latitude and longitude and must be based upon the 1983 North American Datum (NAD83).\n\n (2) Spectrum may be disaggregated in any amount.\n\n (3) The Commission will consider requests for partial assignment of licenses that propose\n combinations of partitioning and disaggregation.\n\n (4) For purposes of partitioning and disaggregation, part 30 systems must be designed so as not to\n exceed the signal level specified for the particular spectrum block in § 30.204 at the licensee's\n service area boundary, unless the affected adjacent service area licensees have agreed to a different\n signal level.\n\n (c) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the\n remainder of the original licensee's license term as provided for in § 30.103.\n\n[81 FR 79937, Nov. 14, 2016, as amended at 82 FR 41548, Sept. 1, 2017]\n\n\nSubpart C—Technical Standards\n§ 30.201 Equipment authorization.\n (a) Except as provided under paragraph (c) of this section, each transmitter utilized for operation under this\n part must be of a type that has been authorized by the Commission under its certification procedure.\n\n (b) Any manufacturer of radio transmitting equipment to be used in these services may request equipment\n authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment\n authorization for an individual transmitter may be requested by an applicant for a station authorization by\n following the procedures set forth in part 2 of this chapter.\n\n (c) Unless specified otherwise, transmitters for use under the provisions of subpart E of this part for fixed\n point-to-point microwave and point-to-multipoint services must be a type that has been verified for\n compliance.\n\n§ 30.202 Power limits.\n (a) For fixed and base stations operating in connection with mobile systems, the average power of the sum of\n all antenna elements is limited to an equivalent isotopically radiated power (EIRP) density of +75dBm/100\n MHz. For channel bandwidths less than 100 megahertz the EIRP must be reduced proportionally and\n linearly based on the bandwidth relative to 100 megahertz.\n\n (b) For mobile stations, the average power of the sum of all antenna elements is limited to a maximum EIRP\n of +43 dBm.\n\n47 CFR 30.202(b) (enhanced display) page 7 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.202(c)\nUpper Microwave Flexible Use Service\n\n\n (c) For transportable stations, as defined in § 30.2, the average power of the sum of all antenna elements is\n limited to a maximum EIRP of +55 dBm.\n\n (d) For fixed point-to-point and point-to-multipoint limits see § 30.405.\n\n§ 30.203 Emission limits.\n (a) The conductive power or the total radiated power of any emission outside a licensee's frequency block\n shall be −13 dBm/MHz or lower. However, in the bands immediately outside and adjacent to the licensee's\n frequency block, having a bandwidth equal to 10 percent of the channel bandwidth, the conductive power\n or the total radiated power of any emission shall be −5 dBm/MHz or lower.\n\n (b)\n\n (1) Compliance with this provision is based on the use of measurement instrumentation employing a\n resolution bandwidth of 1 megahertz or greater.\n\n (2) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the\n licensee's frequency block edges as the design permits.\n\n (3) The measurements of emission power can be expressed in peak or average values.\n\n (c) For fixed point-to-point and point-to-multipoint limits see § 30.404.\n\n§ 30.204 Field strength limits.\n (a) Base/mobile operations: The predicted or measured Power Flux Density (PFD) from any Base Station\n operating in the 27.5–28.35 GHz band, 37–38.6 GHz band, and 38.6–40 GHz bands at any location on the\n geographical border of a licensee's service area shall not exceed −76dBm/m2/MHz (measured at 1.5\n meters above ground) unless the adjacent affected service area licensee(s) agree(s) to a different PFD.\n\n (b) Fixed point-to-point operations.\n\n (1) Prior to operating a fixed point-to-point transmitting facility in the 27,500–28,350 MHz band where\n the facilities are located within 20 kilometers of the boundary of the licensees authorized market\n area, the licensee must complete frequency coordination in accordance with the procedures\n specified in § 101.103(d)(2) of this chapter with respect to neighboring licensees that may be\n affected by its operations.\n\n (2) Prior to operating a fixed point-to-point transmitting facility in the 37,000–40,000 MHz band where\n the facilities are located within 16 kilometers of the boundary of the licensees authorized market\n area, the licensee must complete frequency coordination in accordance with the procedures\n specified in § 101.103(d)(2) of this chapter with respect to neighboring licensees that may be\n affected by its operations.\n\n§ 30.205 Federal coordination requirements.\n (a) Licensees in the 37–38 GHz band located within the zones defined by the coordinates in the tables below\n must coordinate their operations with Federal Space Research Service (space to Earth) users of the band\n via the National Telecommunications and Information Administration (NTIA). All licensees operating\n within the zone defined by the 60 dBm/100 MHz EIRP coordinates in the tables below must coordinate all\n operations. Licensees operating within the area between the zones defined by the 60 dBm and 75 dBm/\n 100 MHz EIRP coordinates in the tables below must coordinate all operations if their base station EIRP is\n\n\n\n47 CFR 30.205(a) (enhanced display) page 8 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.205(a)\nUpper Microwave Flexible Use Service\n\n\n greater than 60 dBm/100 MHz or if their antenna height exceeds 100 meters above ground level.\n Licensees operating outside the zones defined by the 75 dBm/100 MHz EIRP coordinates in the tables\n below are not required to coordinate their operations with NTIA.\n\n\n Table 1 to Paragraph (a): Goldstone, California Coordination Zone\n\n 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP\n Latitude/Longitude Latitude/Longitude Latitude/Longitude Latitude/Longitude\n (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)\n 34.69217/−115.6491 34.19524/−117.47963 34.69217/−115.6491 34.19524/−117.47963\n 35.25746/−115.32041 34.24586/−117.36210 35.25746/−115.32041 34.24586/−117.36210\n 36.21257/−117.06567 35.04648/−117.03781 36.11221/−116.63632 34.21748/−117.12812\n 36.55967/−117.63691 35.04788/−117.00949 36.54731/−117.48242 34.20370/−116.97024\n 36.66297/−118.31017 34.22940/−117.22327 36.73049/−118.33683 34.12196/−116.93109\n 36.06074/−118.38528 34.20370/−116.97024 36.39126/−118.47307 34.09498/−116.75473\n 35.47015/−118.39008 34.12196/−116.93109 36.36891/−118.47134 34.13603/−116.64002\n 35.40865/−118.34353 34.09498/−116.75473 35.47015/−118.39008 34.69217/−115.6591\n 35.35986/−117.24709 34.19642/−116.72901 35.40865/−118.34353 34.69217/−115.6491\n 35.29539/−117.21102 34.64906/−116.62741 35.32048/−117.26386\n 34.67607/−118.55412 34.44404/−116.31486 34.63725/−118.96736\n 34.61532/−118.36919 34.52736/−116.27845 34.55789/−118.36204\n 34.91551/−117.70371 34.76685/−116.27930 34.51108/−118.15329\n 34.81257/−117.65400 34.69217/−115.6591 34.39220/−118.28852\n 34.37411/−118.18385 34.69217/−115.6491 34.38546/−118.27460\n 34.33405/−117.94189 34.37524/−118.24191\n 34.27249/−117.65445 34.37039/−118.22557\n\n\n Table 2 to Paragraph (a)—Socorro, New Mexico Coordination Zone\n\n 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP\n Latitude/longitude Latitude/longitude Latitude/longitude\n (decimal degrees) (decimal degrees) (decimal degrees)\n 34.83816/−107.66828 33.44401/−108.67876 33.10651/−108.19320\n 34.80070/−107.68759 33.57963/−107.79895 33.11780/−107.99980\n 34.56506/−107.70233 33.84552/−107.60207 33.13558/−107.85611\n 34.40826/−107.71489 33.85964/−107.51915 33.80383/−107.16520\n 34.31013/−107.88349 33.86479/−107.17223 33.94554/−107.15516\n 34.24067/−107.96059 33.94779/−107.15038 33.95665/−107.15480\n 34.10278/−108.23166 34.11122/−107.18132 34.08156/−107.18137\n 34.07442/−108.30646 34.15203/−107.39035 34.10646/−107.18938\n 34.01447/−108.31694 34.29643/−107.51071 35.24269/−107.67969\n 33.86740/−108.48706 34.83816/−107.66828 34.06647/−108.70438\n\n47 CFR 30.205(a) (enhanced display) page 9 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.205(b)\nUpper Microwave Flexible Use Service\n\n\n 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP\n Latitude/longitude Latitude/longitude Latitude/longitude\n (decimal degrees) (decimal degrees) (decimal degrees)\n 33.81660/−108.51052 33.35946/−108.68902\n 33.67909/−108.58750 33.29430/−108.65004\n 33.50223/−108.65470 33.10651/−108.19320\n\n\n Table 3 to Paragraph (a)—White Sands, New Mexico Coordination Zone\n\n 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP\n Latitude/longitude Latitude/longitude Latitude/longitude Latitude/longitude\n (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)\n 33.98689/−107.15967 31.78455/−106.54058 31.7494/−106.49132 32.88382/−108.16588\n 33.91573/−107.46301 32.24710/−106.56114 32.24524/−106.56507 32.76255/−108.05679\n 33.73122/−107.73585 32.67731/−106.53681 32.67731/−106.53681 32.56863/−108.43999\n 33.37098/−107.84333 32.89856/−106.56882 32.89856/−106.56882 32.48991/−108.50032\n 33.25424/−107.86409 33.24323/−106.70094 33.04880/−106.62309 32.39142/−108.48959\n 33.19808/−107.89673 33.98689/−107.15967 33.21824/−106.68992 31.63664/−108.40480\n 33.02128/−107.87226 33.24347/−106.70165 31.63466/−108.20921\n 32.47747/−107.77963 34.00708/−107.08652 31.78374/−108.20798\n 32.31543/−108.16101 34.04967/−107.17524 31.78322/−106.52825\n 31.79429/−107.88616 33.83491/−107.85971 31.7494/−106.49132\n\n\n (b) Licensees in the 37–38.6 GHz band located within the zones defined by the coordinates in the table below\n must coordinate their operations with the Department of Defense via the National Telecommunications\n and Information Administration (NTIA).\n\n\n Table 4 to Paragraph (b)—Coordination Areas for Federal Terrestrial Systems\n\n Coordination area\n Location Agency\n (decimal degrees)\n China Lake, CA Navy 50 kilometer radius centered on latitude 35.614781 and longitude\n −117.454309.\n San Diego, CA Navy 30 kilometer radius centered on latitude 32.68333 and longitude\n −117.23333.\n Nanakuli, HI Navy 30 kilometer radius centered on latitude 21.38333 and longitude\n −158.13333.\n Fishers Island, NY Navy 30 kilometer radius centered on latitude 41.25 and longitude\n −72.01666.\n Saint Croix, VI Navy 30 kilometer radius centered on latitude 17.74722 and longitude\n −64.88.\n Fort Irwin, CA Army 30 kilometer radius centered on latitude 35.26666 and longitude\n −116.68333.\n\n\n47 CFR 30.205(b) (enhanced display) page 10 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.205(c)\nUpper Microwave Flexible Use Service\n\n\n Coordination area\n Location Agency\n (decimal degrees)\n Fort Carson, CO Army 30 kilometer radius centered on latitude 38.71666 and longitude\n −104.65.\n Fort Hood, TX Army 30 kilometer radius centered on latitude 31.11666 and longitude\n −97.76666.\n Fort Bliss, TX Army 30 kilometer radius centered on latitude 31.8075 and longitude\n −106.42166.\n Yuma Proving Ground, AZ Army 30 kilometer radius centered on latitude 32.48333 and longitude\n −114.33333.\n Fort Huachuca, AZ Army 30 kilometer radius centered on latitude 31.55 and longitude\n −110.35.\n White Sands Missile Army 30 kilometer radius centered on latitude 33.35 and longitude\n Range, NM −106.3.\n Edwards AFB, CA Air 20 kilometer radius centered on latitude 34.922905 and longitude\n Force −117.891219.\n Moody Air Force Base, GA Air 30 kilometer radius centered on latitude 30.96694 and longitude\n Force −83.185.\n Hurlburt Air Force Base, FL Air 30 kilometer radius centered on latitude 30.42388 and longitude\n Force −86.70694.\n\n\n (c) In addition to the locations listed in table 4 to paragraph (b) of this section, requests may be submitted to\n the Commission for access to the 37.6–38.6 GHz band for specific additional military bases and ranges\n for the purpose of defense applications or national security when the proposed military operations cannot\n be accommodated in the 37–37.6 GHz band.\n\n[81 FR 79937, Nov. 14, 2016, as amended at 84 FR 18405, May 1, 2019; 84 FR 20820, May 13, 2019]\n\n\n§ 30.206 International coordination.\nOperations in the 27.5–28.35 GHz, 37–38.6, and 38.6–40 GHz bands are subject to existing and future international\nagreements with Canada and Mexico.\n\n§ 30.207 Radio frequency (RF) safety.\nLicensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in §§\n1.1307(b), 1.1310, 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of\nmobile or portable devices operating under this section must contain a statement confirming compliance with these\nrequirements. Technical information showing the basis for this statement must be submitted to the Commission\nupon request.\n\n§ 30.208 Operability.\nMobile and transportable stations that operate on any portion of frequencies within the 27.5–28.35 GHz or the\n37–40 GHz bands must be capable of operating on all frequencies within those particular bands. Mobile and\ntransportable stations that operate on any portion of either the 24.25–24.45 GHz or 24.75–25.25 GHz bands must\nbe capable of operating on all frequencies within both of those bands.\n\n47 CFR 30.208 (enhanced display) page 11 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.209\nUpper Microwave Flexible Use Service\n\n\n[83 FR 34492, July 20, 2018]\n\n\n§ 30.209 Duplexing.\nStations authorized under this rule part may employ frequency division duplexing, time division duplexing, or any\nother duplexing scheme, provided that they comply with the other technical and operational requirements specified\nin this part.\n\nSubpart D—Competitive Bidding Procedures\n§ 30.301 Upper Microwave Flexible Use Service subject to competitive bidding.\nMutually exclusive initial applications for Upper Microwave Flexible User Service licenses are subject to competitive\nbidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless\notherwise provided in this subpart.\n\n§ 30.302 Designated entities and bidding credits.\n (a) Eligibility for small business provisions.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates\n of its controlling interests, have average gross revenues that are not more than $55 million for the\n preceding three (3) years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests and the\n affiliates of its controlling interests, has average gross revenues that are not more than $20 million\n for the preceding three\n\n (3) years.\n\n (b) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a\n consortium of small businesses may use a bidding credit of 15 percent, as specified in §\n 1.2110(f)(2)(i)(C) of this chapter. A winning bidder that qualifies as a very small business, as defined in\n this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified\n in § 1.2110(f)(2)(i)(B) of this chapter.\n\n (c) A rural service provider, as defined in § 1.2110(f)(4) of this chapter, who has not claimed a small business\n bidding credit may use a bidding credit of 15 percent bidding credit, as specified in § 1.2110(f)(4)(i) of this\n chapter.\n\nSubpart E—Special Provisions for Fixed Point-to-Point, Fixed Point-to-Multipoint Hub Stations,\nand Fixed Point-to-Multipoint User Stations\n§ 30.401 Permissible service.\nStations authorized under this subpart may deploy stations used solely as fixed point-to-point stations, fixed point-\nto-multipoint hub stations, or fixed point-to-multipoint user stations, as defined in § 30.2, subject to the technical\nand operational requirements specified in this subpart.\n\n\n\n\n47 CFR 30.401 (enhanced display) page 12 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.402\nUpper Microwave Flexible Use Service\n\n\n§ 30.402 Frequency tolerance.\nThe carrier frequency of each transmitter authorized under this subpart must be maintained within the following\npercentage of the reference frequency (unless otherwise specified in the instrument of station authorization the\nreference frequency will be deemed to be the assigned frequency):\n\n Frequency\n Frequency (MHz) tolerance\n (percent)\n 27,500 to 28,350 0.001\n 38,600 to 40,000 0.03\n\n\n§ 30.403 Bandwidth.\n (a) Stations under this subpart will be authorized any type of emission, method of modulation, and\n transmission characteristic, consistent with efficient use of the spectrum and good engineering practice.\n\n (b) The maximum bandwidth authorized per frequency to stations under this subpart is set out in the table\n that follows.\n\n Maximum\n Frequency band\n authorized\n (MHz)\n bandwidth\n 27,500 to 28,350 850 MHz.\n 38,600 to 40,000 200 MHz.1\n\n1 For channel block assignments in the 38,600–40,000 MHz bands when adjacent channels are\naggregated, equipment is permitted to operate over the full channel block aggregation without\nrestriction.\n\n§ 30.404 Emission limits.\n (a) The mean power of emissions must be attenuated below the mean output power of the transmitter in\n accordance with the following schedule:\n\n (1) When using transmissions other than those employing digital modulation techniques:\n\n (i) On any frequency removed from the assigned frequency by more than 50 percent up to and\n including 100 percent of the authorized bandwidth: At least 25 decibels;\n\n (ii) On any frequency removed from the assigned frequency by more than 100 percent up to and\n including 250 percent of the authorized bandwidth: At least 35 decibels;\n\n (iii) On any frequency removed from the assigned frequency by more than 250 percent of the\n authorized bandwidth: At least 43 + 10 Log10 (mean output power in watts) decibels, or 80\n decibels, whichever is the lesser attenuation.\n\n (2) When using transmissions employing digital modulation techniques in situations not covered in this\n section:\n\n\n\n47 CFR 30.404(a)(2) (enhanced display) page 13 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.404(a)(2)(i)\nUpper Microwave Flexible Use Service\n\n\n (i) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by\n more than 50 percent up to and including 250 percent of the authorized bandwidth: As\n specified by the following equation but in no event less than 11 decibels:\n\n A = 11 + 0.4(P−50) + 10 Log10 B. (Attenuation greater than 56 decibels or to an absolute power\n of less than −13 dBm/1MHz is not required.)\n (ii) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by\n more than 250 percent of the authorized bandwidth: At least 43 + 10 Log10 (the mean output\n power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. The authorized\n bandwidth includes the nominal radio frequency bandwidth of an individual transmitter/\n modulator in block-assigned bands. Equipment licensed prior to April 1, 2005 shall only be\n required to meet this standard in any 4 kHz band.\n\n (iii) The emission mask in paragraph (a)(2)(i) of this section applies only to the band edge of each\n block of spectrum, but not to subchannels established by licensees. The value of P in the\n equation is the percentage removed from the carrier frequency and assumes that the carrier\n frequency is the center of the actual bandwidth used. The emission mask can be satisfied by\n locating a carrier of the subchannel sufficiently far from the channel edges so that the emission\n levels of the mask are satisfied. The emission mask shall use a value B (bandwidth) of 40 MHz,\n for all cases even in the case where a narrower subchannel is used (for instance the actual\n bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the\n output power of a fully populated channel. For block assigned channels, the out-of-band\n emission limits apply only outside the assigned band of operation and not within the band.\n\n (b) [Reserved]\n\n§ 30.405 Transmitter power limitations.\nOn any authorized frequency, the average power delivered to an antenna in this service must be the minimum\namount of power necessary to carry out the communications desired. Application of this principle includes, but is\nnot to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its\nantenna input power by an amount appropriate to compensate for the increased primary lobe gain of the\nreplacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced\nto an isotropic radiator, exceed the following:\n\n\n Maximum Allowable EIRP\n\n Frequency band (MHz) Fixed (dBW)\n 27,500–28,3501 + 55\n 38,600–40,000 + 55\n\n1\n For Point-to-multipoint user stations authorized in these bands, the EIRP shall not exceed 55 dBw\nor 42 dBw/MHz.\n\n\n\n\n47 CFR 30.405 (enhanced display) page 14 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.406\nUpper Microwave Flexible Use Service\n\n\n§ 30.406 Directional antennas.\n (a) Unless otherwise authorized upon specific request by the applicant, each station authorized under the\n rules of this subpart must employ a directional antenna adjusted with the center of the major lobe of\n radiation in the horizontal plane directed toward the receiving station with which it communicates:\n provided, however, where a station communicates with more than one point, a multi- or omni-directional\n antenna may be authorized if necessary.\n\n (b) Fixed stations (other than temporary fixed stations) must employ transmitting and receiving antennas\n (excluding second receiving antennas for operations such as space diversity) meeting the appropriate\n performance Standard A indicated in the table to this section, except that in areas not subject to\n frequency congestion, antennas meeting performance Standard B may be used. For frequencies with a\n Standard B1 and a Standard B2, in order to comply with Standard B an antenna must fully meet either\n Standard B1 or Standard B2. Licensees shall comply with the antenna standards table shown in this\n paragraph in the following manner:\n\n (1) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain\n requirement; and\n\n (2) With the minimum radiation suppression to angle requirement.\n\n\n\n\n47 CFR 30.406(b)(2) (enhanced display) page 15 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.406(b)(2)\nUpper Microwave Flexible Use Service\n\n\n Maximum beamwidth to 3 dB points1 Minimum radiation suppression to angle in degrees from centerline of main beam in decibels\n Frequency Minimum antenna gain\n Category (included angle\n (MHz) (dbi) 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180°\n in degrees)\n38,600 to 40,0002 A n/a 38 25 29 33 36 42 55 55\n B n/a 38 20 24 28 32 35 36 36\n1If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation\nplanes.\n\n2Stations authorized to operate in the 38,600–40,000 MHz band may use antennas other than those meeting the Category A standard. However, the\nCommission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas.\n\n\n\n\n47 CFR 30.406(b)(2) (enhanced display) page 16 of 17\n\f47 CFR Part 30 (up to date as of 2/20/2024)\n 47 CFR 30.407\nUpper Microwave Flexible Use Service\n\n\n\n§ 30.407 Antenna polarization.\nIn the 27,500–28,350 MHz band, system operators are permitted to use any polarization within its service area, but\nonly vertical and/or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their\nservice area.\n\n\n\n\n47 CFR 30.407 (enhanced display) page 17 of 17\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":42,"cells":{"Content":{"kind":"string","value":"47 CFR Part 59 (up to date as of 2/20/2024)\n 47 CFR Part 59 (Feb. 20, 2024)\nInfrastructure Sharing\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 59 Infrastructure Sharing\n § 59.1 General duty.\n § 59.2 Terms and conditions of infrastructure sharing.\n § 59.3 Information concerning deployment of new services and equipment.\n § 59.4 Definition of “qualifying carrier”.\n\n\nPART 59—INFRASTRUCTURE SHARING\nAuthority: 47 U.S.C. 154(i), 154(j), 201–205, 259, 303(r), 403.\n\nSource: 62 FR 9713, Mar. 4, 1997, unless otherwise noted.\n\n\n\n§ 59.1 General duty.\nIncumbent local exchange carriers (as defined in 47 U.S.C. section 251(h)) shall make available to any qualifying\ncarrier such public switched network infrastructure, technology, information, and telecommunications facilities and\nfunctions as may be requested by such qualifying carrier for the purpose of enabling such qualifying carrier to\nprovide telecommunications services, or to provide access to information services, in the service area in which such\nqualifying carrier has obtained designation as an eligible telecommunications carrier under section 214(e) of 47\nU.S.C.\n\n§ 59.2 Terms and conditions of infrastructure sharing.\n (a) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be required to\n take any action that is economically unreasonable or that is contrary to the public interest.\n\n (b) An incumbent local exchange carrier subject to the requirements of section 59.1 may, but shall not be\n required to, enter into joint ownership or operation of public switched network infrastructure, technology,\n information and telecommunications facilities and functions and services with a qualifying carrier as a\n method of fulfilling its obligations under section 59.1.\n\n (c) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be treated by\n the Commission or any State as a common carrier for hire or as offering common carrier services with\n respect to any public switched network infrastructure, technology, information, or telecommunications\n facilities, or functions made available to a qualifying carrier in accordance with regulations issued\n pursuant to this section.\n\n\n\n\n47 CFR 59.2(c) (enhanced display) page 1 of 2\n\f47 CFR Part 59 (up to date as of 2/20/2024)\n 47 CFR 59.2(d)\nInfrastructure Sharing\n\n\n (d) An incumbent local exchange carrier subject to the requirements of section 59.1 shall make such public\n switched network infrastructure, technology, information, and telecommunications facilities, or functions\n available to a qualifying carrier on just and reasonable terms and pursuant to conditions that permit such\n qualifying carrier to fully benefit from the economies of scale and scope of such local exchange carrier.\n An incumbent local exchange carrier that has entered into an infrastructure sharing agreement pursuant\n to section 59.1 must give notice to the qualifying carrier at least sixty days before terminating such\n infrastructure sharing agreement.\n\n (e) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be required to\n engage in any infrastructure sharing agreement for any services or access which are to be provided or\n offered to consumers by the qualifying carrier in such local exchange carrier's telephone exchange area.\n\n (f) An incumbent local exchange carrier subject to the requirements of section 59.1 shall file with the State,\n or, if the State has made no provision to accept such filings, with the Commission, for public inspection,\n any tariffs, contracts, or other arrangements showing the rates, terms, and conditions under which such\n carrier is making available public switched network infrastructure, technology, information and\n telecommunications facilities and functions pursuant to this part.\n\n§ 59.3 Information concerning deployment of new services and equipment.\nAn incumbent local exchange carrier subject to the requirements of section 59.1 that has entered into an\ninfrastructure sharing agreement under section 59.1 shall provide to each party to such agreement timely\ninformation on the planned deployment of telecommunications services and equipment, including any software or\nupgrades of software integral to the use or operation of such telecommunications equipment.\n\n§ 59.4 Definition of “qualifying carrier”.\nFor purposes of this part, the term “qualifying carrier” means a telecommunications carrier that:\n\n (a) Lacks economies of scale or scope; and\n\n (b) Offers telephone exchange service, exchange access, and any other service that is included in universal\n service, to all consumers without preference throughout the service area for which such carrier has been\n designated as an eligible telecommunications carrier under section 214(e) of 47 U.S.C.\n\n\n\n\n47 CFR 59.4(b) (enhanced display) page 2 of 2\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":43,"cells":{"Content":{"kind":"string","value":"47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR Part 7 (Feb. 20, 2024)\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 7 Access to Voicemail and Interactive Menu Services and Equipment by\n People with Disabilities\n Subpart A Scope—Who Must Comply With These Rules?\n § 7.1 Who must comply with these rules?\n Subpart B Definitions\n § 7.3 Definitions.\n Subpart C Obligations—What Must Covered Entities Do?\n § 7.5 General Obligations.\n § 7.7 Product design, development, and evaluation.\n § 7.9 Information pass through.\n § 7.11 Information, documentation, and training.\n Subpart D Enforcement\n § 7.15 Generally.\n § 7.16 Informal or formal complaints.\n\n\nPART 7—ACCESS TO VOICEMAIL AND INTERACTIVE MENU\nSERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES\nAuthority: 47 U.S.C. 151–154, 208, 255, and 303(r).\n\nSource: 64 FR 63255, Nov. 19, 1999, unless otherwise noted.\n\nSubpart A—Scope—Who Must Comply With These Rules?\n§ 7.1 Who must comply with these rules?\nThe rules in this part apply to:\n\n (a) Any provider of voicemail or interactive menu service;\n\n (b) Any manufacturer of telecommunications equipment or customer premises equipment which performs a\n voicemail or interactive menu function.\n\nSubpart B—Definitions\n\n\n\n\n47 CFR 7.1(b) (enhanced display) page 1 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.3\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\n§ 7.3 Definitions.\n (a) The term accessible shall mean that:\n\n (1) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance\n with each of the following, assessed independently:\n\n (i) Operable without vision. Provide at least one mode that does not require user vision.\n\n (ii) Operable with low vision and limited or no hearing. Provide at least one mode that permits\n operation by users with visual acuity between 20/70 and 20/200, without relying on audio\n output.\n\n (iii) Operable with little or no color perception. Provide at least one mode that does not require user\n color perception.\n\n (iv) Operable without hearing. Provide at least one mode that does not require user auditory\n perception.\n\n (v) Operable with limited manual dexterity. Provide at least one mode that does not require user\n fine motor control or simultaneous actions.\n\n (vi) Operable with limited reach and strength. Provide at least one mode that is operable with user\n limited reach and strength.\n\n (vii) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or\n close body proximity.\n\n (viii) Operable without time-dependent controls. Provide at least one mode that does not require a\n response time or allows a response to be by-passed or adjusted by the user over a wide range.\n\n (ix) Operable without speech. Provide at least one mode that does not require user speech.\n\n (x) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive,\n memory, language, and learning skills required of the user.\n\n (2) All information necessary to operate and use the product, including but not limited to, text, static or\n dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the\n following, assessed independently:\n\n (i) Availability of visual information. Provide visual information through at least one mode in\n auditory form.\n\n (ii) Availability of visual information for low vision users. Provide visual information through at least\n one mode to users with visual acuity between 20/70 and 20/200 without relying on audio.\n\n (iii) Access to moving text. Provide moving text in at least one static presentation mode at the\n option of the user.\n\n (iv) Availability of auditory information. Provide auditory information through at least one mode in\n visual form and, where appropriate, in tactile form.\n\n (v) Availability of auditory information for people who are hard of hearing. Provide audio or\n acoustic information, including any auditory feedback tones that are important for the use of\n the product, through at least one mode in enhanced auditory fashion (i.e., increased\n amplification, increased signal-to-noise ratio, or combination).\n\n47 CFR 7.3(a)(2)(v) (enhanced display) page 2 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.3(a)(2)(vi)\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\n (vi) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual\n flicker that might induce seizures in people with photosensitive epilepsy.\n\n (vii) Availability of audio cutoff. Where a product delivers audio output through an external speaker,\n provide an industry standard connector for headphones or personal listening devices (e.g.,\n phone-like handset or earcup) which cuts off the speaker(s) when used.\n\n (viii) Non-interference with hearing technologies. Reduce interference to hearing technologies\n (including hearing aids, cochlear implants, and assistive listening devices) to the lowest\n possible level that allows a user to utilize the product.\n\n (ix) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally\n held up to the ear, provide a means for effective wireless coupling to hearing aids.\n\n (3) Real-Time Text. Voice communication services subject to this part that are provided over wireless IP\n facilities and handsets and other text-capable end user devices used with such service that do not\n themselves provide TTY functionality, may provide TTY connectability and signal compatibility\n pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in\n accordance with 47 CFR part 67.\n\n (b) The term compatibility shall mean compatible with peripheral devices and specialized customer premises\n equipment commonly used by individuals with disabilities to achieve accessibility to voicemail and\n interactive menus, and in compliance with the following provisions, as applicable:\n\n (1) External electronic access to all information and control mechanisms. Information needed for the\n operation of products (including output, alerts, icons, on-line help, and documentation) shall be\n available in a standard electronic text format on a cross-industry standard port and all input to and\n control of a product shall allow for real time operation by electronic text input into a cross-industry\n standard external port and in cross-industry standard format. The cross-industry standard port shall\n not require manipulation of a connector by the user.\n\n (2) Connection point for external audio processing devices. Products providing auditory output shall\n provide the auditory signal at a standard signal level through an industry standard connector.\n\n (3) TTY connectability. Products which provide a function allowing voice communication and which do\n not themselves provide a TTY functionality shall provide a standard non-acoustic connection point\n for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the\n user to intermix speech with TTY use.\n\n (4) TTY signal compatibility. Products, including those providing voice communication functionality,\n shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs.\n\n (5) TTY Support Exemption. Voice communication services subject to this part that are offered over\n wireless IP facilities and equipment used with such services are not required to provide TTY\n connectability and TTY signal compatibility if such services and equipment support real-time text, in\n accordance with 47 CFR part 67.\n\n (c) The term customer premises equipment shall mean equipment employed on the premises of a person\n (other than a carrier) to originate, route, or terminate telecommunications.\n\n (d) The term disability shall mean a physical or mental impairment that substantially limits one or more of the\n major life activities of an individual; a record of such an impairment; or being regarded as having such an\n impairment.\n\n47 CFR 7.3(d) (enhanced display) page 3 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.3(e)\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\n (e) The term interactive menu shall mean a feature that allows a service provider or operator of CPE to\n transmit information to a caller in visual and/or audible format for the purpose of management, control, or\n operations of a telecommunications system or service; and/or to request information from the caller in\n visual and/or audible format for the purpose of management, control, or operations of a\n telecommunications system or service; and/or to receive information from the caller in visual and/or\n audible format in response to a request, for the purpose of management, control, or operations of a\n telecommunications system or service. This feature, however, does not include the capability for\n generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available\n information via telecommunications for any purpose other than management, control, or operations of a\n telecommunications system or service.\n\n (f) The term manufacturer shall mean an entity that makes or produces a product.\n\n (g) The term peripheral devices shall mean devices employed in connection with equipment covered by this\n part to translate, enhance, or otherwise transform telecommunications into a form accessible to\n individuals with disabilities.\n\n (h) The term readily achievable shall mean, in general, easily accomplishable and able to be carried out\n without much difficulty or expense. In determining whether an action is readily achievable, factors to be\n considered include:\n\n (1) The nature and cost of the action needed;\n\n (2) The overall financial resources of the manufacturer or service provider involved in the action (the\n covered entity); the number of persons employed by such manufacturer or service provider; the\n effect on expenses and resources, or the impact otherwise of such action upon the operations of the\n manufacturer or service provider;\n\n (3) If applicable, the overall financial resources of the parent of the covered entity; the overall size of the\n business of the parent of the covered entity with respect to the number of its employees; the number,\n type, and location of its facilities; and\n\n (4) If applicable, the type of operation or operations of the covered entity, including the composition,\n structure and functions of the workforce of such entity; and the geographic separateness,\n administrative or fiscal relationship of covered entity in question to the parent entity.\n\n (i) The term specialized customer premises equipment shall mean customer premise equipment which is\n commonly used by individuals with disabilities to achieve access.\n\n (j) The term telecommunications equipment shall mean equipment, other than customer premises\n equipment, used by a carrier to provide telecommunications services, and includes software integral to\n such equipment (including upgrades).\n\n (k) The term telecommunications service shall mean the offering of telecommunications for a fee directly to\n the public, or to such classes of users as to be effectively available directly to the public, regardless of the\n facilities used.\n\n (l) The term usable shall mean that individuals with disabilities have access to the full functionality and\n documentation for the product, including instructions, product information (including accessible feature\n information), documentation, bills and technical support which is provided to individuals without\n disabilities.\n\n\n\n47 CFR 7.3(l) (enhanced display) page 4 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.3(m)\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\n (m) The term Voicemail shall mean the capability of answering calls and recording incoming messages when\n a line is busy or does not answer within a pre-specified amount of time or number of rings; receiving those\n messages at a later time; and may also include the ability to determine the sender and time of\n transmission without hearing the entire message; the ability to forward the message to another voice\n massaging customer, with and/or without an appended new message; the ability for the sender to confirm\n receipt of a message; the ability to send, receive, and/or store facsimile messages; and possibly other\n features.\n\n (n) The term real-time text shall have the meaning set forth in § 67.1 of this chapter.\n\n (o) The term text-capable end user device means customer premises equipment that is able to send, receive,\n and display text.\n\n[64 FR 63255, Nov. 19, 1999, as amended at 82 FR 7706, Jan. 23, 2017]\n\n\nSubpart C—Obligations—What Must Covered Entities Do?\n§ 7.5 General Obligations.\n (a) Obligation of Manufacturers.\n\n (1) A manufacturer of telecommunications equipment or customer premises equipment covered by this\n part shall ensure that the equipment is designed, developed and fabricated so that the voicemail and\n interactive menu functions are accessible to and usable by individuals with disabilities, if readily\n achievable;\n\n (2) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the\n manufacturer shall ensure that the equipment is compatible with existing peripheral devices or\n specialized customer premises equipment commonly used by individuals with disabilities to achieve\n access, if readily achievable.\n\n (b) Obligation of Service Providers.\n\n (1) A provider of voicemail or interactive menu shall ensure that the service is accessible to and usable\n by individuals with disabilities, if readily achievable.\n\n (2) Whenever the requirements of paragraph (b)(1) of this section are not readily achievable, the service\n provider shall ensure that the service is compatible with existing peripheral devices or specialized\n customer premises equipment commonly used by individuals with disabilities to achieve access, if\n readily achievable.\n\n[64 FR 63255, Nov. 19, 1999, as amended at 88 FR 55584, Aug. 16, 2023]\n\n\n§ 7.7 Product design, development, and evaluation.\n (a) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of\n equipment and services covered by this part and shall incorporate such evaluation throughout product\n design, development, and fabrication, as early and consistently as possible. Manufacturers and service\n providers shall identify barriers to accessibility and usability as part of such a product design and\n development process.\n\n\n\n\n47 CFR 7.7(a) (enhanced display) page 5 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.7(b)\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\n (b) In developing such a process, manufacturers and service providers shall consider the following factors, as\n the manufacturer deems appropriate:\n\n (1) Where market research is undertaken, including individuals with disabilities in target populations of\n such research;\n\n (2) Where product design, testing, pilot demonstrations, and product trials are conducted, including\n individuals with disabilities in such activities;\n\n (3) Working cooperatively with appropriate disability-related organizations; and\n\n (4) Making reasonable efforts to validate any unproven access solutions through testing with individuals\n with disabilities or with appropriate disability-related organizations that have established expertise\n with individuals with disabilities.\n\n§ 7.9 Information pass through.\nTelecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non-\nproprietary, industry-standard codes, translation protocols, formats or other information necessary to provide\ntelecommunications in an accessible format, if readily achievable. In particular, signal compression technologies\nshall not remove information needed for access or shall restore it upon decompression.\n\n§ 7.11 Information, documentation, and training.\n (a) Manufacturers and service providers shall ensure access to information and documentation it provides to\n its customers, if readily achievable. Such information and documentation includes user guides, bills,\n installation guides for end-user installable devices, and product support communications, regarding both\n the product in general and the accessibility features of the product. Manufacturers shall take such other\n readily achievable steps as necessary including:\n\n (1) Providing a description of the accessibility and compatibility features of the product upon request,\n including, as needed, in alternate formats or alternate modes at no additional charge;\n\n (2) Providing end-user product documentation in alternate formats or alternate modes upon request at\n no additional charge; and\n\n (3) Ensuring usable customer support and technical support in the call centers and service centers\n which support their products at no additional charge.\n\n (b) Manufacturers and service providers shall include in general product information the contact method for\n obtaining the information required by paragraph (a) of this section.\n\n (c) In developing, or incorporating existing training programs, manufacturers and service providers shall\n consider the following topics:\n\n (1) Accessibility requirements of individuals with disabilities;\n\n (2) Means of communicating with individuals with disabilities;\n\n (3) Commonly used adaptive technology used with the manufacturer's products;\n\n (4) Designing for accessibility; and\n\n (5) Solutions for accessibility and compatibility.\n\n\n\n47 CFR 7.11(c)(5) (enhanced display) page 6 of 7\n\f47 CFR Part 7 (up to date as of 2/20/2024)\n 47 CFR 7.15\nAccess to Voicemail and Interactive Menu Services and Equipment by...\n\n\nSubpart D—Enforcement\n§ 7.15 Generally.\n (a) For purposes of §§ 7.15 through 7.16, the term “manufacturers” shall denote any manufacturer of\n telecommunications equipment or customer premises equipment which performs a voicemail or\n interactive menu function.\n\n (b) All manufacturers of telecommunications equipment or customer premises equipment and all providers\n of voicemail and interactive menu services, as defined under this subpart, are subject to the enforcement\n provisions specified in the Act and the rules in this chapter.\n\n (c) The term “provider” shall denote any provider of voicemail or interactive menu service.\n\n[83 FR 44842, Sept. 4, 2018]\n\n\n§ 7.16 Informal or formal complaints.\nAny person may file either a formal or informal complaint against a manufacturer or provider alleging violations of\nsection 255 or this part subject to the enforcement requirements set forth in §§ 14.30 through 14.38 of this chapter.\n\n[83 FR 44842, Sept. 4, 2018]\n\n\n\n\n47 CFR 7.16 (enhanced display) page 7 of 7\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":44,"cells":{"Content":{"kind":"string","value":"47 CFR Part 42 (up to date as of 2/20/2024)\n 47 CFR Part 42 (Feb. 20, 2024)\nPreservation of Records of Communication Common Carriers\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 42 Preservation of Records of Communication Common Carriers\n Applicability\n § 42.01 Applicability.\n General Instructions\n § 42.1 Scope of the regulations in this part.\n § 42.2 Designation of a supervisory official.\n § 42.3 Protection and storage of records.\n § 42.6 Retention of telephone toll records.\n Specific Instructions for Carriers Offering Interexchange Services\n § 42.10 Public availability of information concerning interexchange services.\n § 42.11 Retention of information concerning detariffed interexchange services.\n\n\nPART 42—PRESERVATION OF RECORDS OF COMMUNICATION\nCOMMON CARRIERS\nAuthority: 47 U.S.C. 154(i), 219, 220.\n\nSource: 51 FR 32653, Sept. 15, 1986, unless otherwise noted.\n\n APPLICABILITY\n\n§ 42.01 Applicability.\nThis part prescribes the regulations governing the preservation of records of communication common carriers that\nare fully subject to the jurisdiction of the Commission.\n\n GENERAL INSTRUCTIONS\n\n§ 42.1 Scope of the regulations in this part.\n (a) The regulations in this part apply to all accounts, records, memoranda, documents, papers, and\n correspondence prepared by or on behalf of the carrier as well as those which come into its possession in\n connection with the acquisition of property, such as by purchase, consolidation, merger, etc.\n\n (b) The regulations in this part shall not be construed as requiring the preparation of accounts, records, or\n memoranda not required to be prepared by other regulations, such as the Uniform System of Accounts,\n except as provided hereinafter.\n\n47 CFR 42.1(b) (enhanced display) page 1 of 3\n\f47 CFR Part 42 (up to date as of 2/20/2024)\n 47 CFR 42.1(c)\nPreservation of Records of Communication Common Carriers\n\n\n (c) The regulations in this part shall not be construed as excusing compliance with any other lawful\n requirement for the preservation of records.\n\n§ 42.2 Designation of a supervisory official.\nEach carrier subject to the regulations in this part shall designate one or more officials to supervise the preservation\nof its records.\n\n§ 42.3 Protection and storage of records.\nThe carrier shall protect records subject to the regulations in this part from damage from fires, and other hazards\nand, in the selection of storage spaces, safeguard the records from unnecessary exposure to deterioration.\n\n§ 42.6 Retention of telephone toll records.\nEach carrier that offers or bills toll telephone service shall retain for a period of 18 months such records as are\nnecessary to provide the following billing information about telephone toll calls: the name, address, and telephone\nnumber of the caller, telephone number called, date, time and length of the call. Each carrier shall retain this\ninformation for toll calls that it bills whether it is billing its own toll service customers for toll calls or billing\ncustomers for another carrier.\n\n[51 FR 39536, Oct. 29, 1986]\n\n\n SPECIFIC INSTRUCTIONS FOR CARRIERS OFFERING INTEREXCHANGE SERVICES\n\n§ 42.10 Public availability of information concerning interexchange services.\n (a) A nondominant interexchange carrier (IXC) shall make available to any member of the public, in at least\n one location, during regular business hours, information concerning its current rates, terms and\n conditions for all of its international and interstate, domestic, interexchange services. Such information\n shall be made available in an easy to understand format and in a timely manner. Following an inquiry or\n complaint from the public concerning rates, terms and conditions for such services, a carrier shall specify\n that such information is available and the manner in which the public may obtain the information.\n\n (b) In addition, a nondominant IXC that maintains an Internet website shall make such rate and service\n information specified in paragraph (a) of this section available on-line at its Internet website in a timely\n and easily accessible manner, and shall update this information regularly.\n\n[64 FR 19725, Apr. 22, 1999, as amended at 66 FR 16879, Mar. 28, 2001]\n\n\n§ 42.11 Retention of information concerning detariffed interexchange services.\n (a) A nondominant IXC shall maintain, for submission to the Commission and to state regulatory\n commissions upon request, price and service information regarding all of the carrier's international and\n interstate, domestic, interexchange service offerings. A commercial mobile radio service (CMRS) provider\n shall maintain such price and service information only about its international common carrier service\n offerings and only for those routes on which the CMRS provider is classified as dominant under § 63.10\n of this Chapter due to an affiliation with a foreign carrier that collects settlement payments from U.S.\n carriers for terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS\n provider is not required to maintain its price and service information, however, on any such affiliated route\n\n47 CFR 42.11(a) (enhanced display) page 2 of 3\n\f47 CFR Part 42 (up to date as of 2/20/2024)\n 47 CFR 42.11(b)\nPreservation of Records of Communication Common Carriers\n\n\n if it provides service on that route solely through the resale of an unaffiliated facilities-based provider's\n international switched services. The price and service information maintained for purposes of this\n paragraph shall include documents supporting the rates, terms, and conditions of the carrier's\n international and interstate, domestic, interexchange offerings. The information maintained pursuant to\n this section shall be maintained in a manner that allows the carrier to produce such records within ten\n business days. For purposes of this paragraph, affiliated and foreign carrier are defined in § 63.09 of this\n chapter.\n\n (b) The price and service information maintained pursuant to this section shall be retained for a period of at\n least two years and six months following the date the carrier ceases to provide services pursuant to such\n rates, terms and conditions.\n\n[61 FR 59366, Nov. 22, 1996, as amended at 62 FR 59604, Nov. 4, 1997; 64 FR 19725, Apr. 22, 1999; 66 FR 16879, Mar. 28, 2001]\n\n\n\n\n47 CFR 42.11(b) (enhanced display) page 3 of 3\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":45,"cells":{"Content":{"kind":"string","value":"47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR Part 96 (Feb. 20, 2024)\nCitizens Broadband Radio Service\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter D —Safety and Special Radio Services\n\nPart 96 Citizens Broadband Radio Service\n Subpart A General Rules\n § 96.1 Scope.\n § 96.3 Definitions.\n § 96.5 Eligibility.\n § 96.7 Authorization required.\n § 96.9 Regulatory status.\n § 96.11 Frequencies.\n § 96.13 Frequency assignments.\n Subpart B Incumbent Protection\n § 96.15 Protection of federal incumbent users.\n § 96.17 Protection of existing fixed satellite service (FSS) earth stations in the 3600–3700 MHz\n Band and 3700–4200 MHz Band.\n § 96.19 Operation near Canadian and Mexican borders.\n § 96.21 Protection of existing operators in the 3650–3700 MHz Band.\n Subpart C Priority Access\n § 96.23 Authorization.\n § 96.25 Priority access licenses.\n § 96.27 [Reserved]\n § 96.29 Competitive bidding procedures.\n § 96.30 Designated entities in the Citizens Broadband Radio Service.\n § 96.31 Aggregation of priority access licenses.\n § 96.32 Priority access assignments of authorization, transfers of control, and leasing\n arrangements.\n Subpart D General Authorized Access\n § 96.33 Authorization.\n § 96.35 General authorized access use.\n Subpart E Technical Rules\n § 96.39 Citizens Broadband Radio Service Device (CBSD) general requirements.\n § 96.41 General radio requirements.\n § 96.43 Additional requirements for category A CBSDs.\n § 96.45 Additional requirements for category B CBSDs.\n § 96.47 End user device additional requirements.\n\n47 CFR Part 96 (Feb. 20, 2024) (enhanced display) page 1 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR Part 96 (Feb. 20, 2024)\nCitizens Broadband Radio Service\n\n\n § 96.49 Equipment authorization.\n § 96.51 RF safety.\n Subpart F Spectrum Access System\n § 96.53 Spectrum access system purposes and functionality.\n § 96.55 Information gathering and retention.\n § 96.57 Registration, authentication, and authorization of Citizens Broadband Radio Service\n Devices.\n § 96.59 Frequency assignment.\n § 96.61 Security.\n § 96.63 Spectrum access system administrators.\n § 96.65 Spectrum access system administrator fees.\n § 96.66 Spectrum access system responsibilities related to priority access spectrum manager\n leases.\n Subpart G Environmental Sensing Capability\n § 96.67 Environmental sensing capability.\n\n\nPART 96—CITIZENS BROADBAND RADIO SERVICE\nAuthority: 47 U.S.C. 154(i), 303, and 307.\n\nSource: 80 FR 36222, June 23, 2015, unless otherwise noted.\n\nSubpart A—General Rules\n§ 96.1 Scope.\n (a) This section sets forth the regulations governing use of devices in the Citizens Broadband Radio Service.\n Citizens Broadband Radio Service Devices (CBSDs) may be used in the frequency bands listed in § 96.11.\n The operation of all CBSDs shall be coordinated by one or more authorized Spectrum Access Systems\n (SASs).\n\n (b) The Citizens Broadband Radio Service includes Priority Access and General Authorized Access tiers of\n service. Priority Access Licensees and General Authorized Access Users must not cause harmful\n interference to Incumbent Users and must accept interference from Incumbent Users. General Authorized\n Access Users must not cause harmful interference to Priority Access Licensees and must accept\n interference from Priority Access Licensees.\n\n§ 96.3 Definitions.\nThe definitions in this section apply to this part.\n\n\n\n\n47 CFR 96.3 (enhanced display) page 2 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.3 “Adjacent Channel Leakage Ratio”\nCitizens Broadband Radio Service\n\n\n Adjacent Channel Leakage Ratio. The Adjacent Channel Leakage Ratio (ACLR) is the ratio of the filtered mean\n power over the assigned Aggregated Channel Bandwidth to the filtered mean power over the equivalent\n adjacent channel bandwidth. The power in the assigned Aggregated Channel Bandwidth and its\n equivalent adjacent channel bandwidth are measured with rectangular filters with measurement\n bandwidths equal to the Aggregated Channel Bandwidth.\n\n Aggregated Channel Bandwidth. The Aggregated Channel Bandwidth is the bandwidth of a single channel, or in\n the case of multiple contiguous channels, the bandwidth between the upper and lower limits of the\n combined contiguous channels.\n\n Citizens Broadband Radio Service Device (CBSD). Fixed Stations, or networks of such stations, that operate on a\n Priority Access or General Authorized Access basis in the Citizens Broadband Radio Service consistent\n with this rule part. For CBSDs which comprise multiple nodes or networks of nodes, CBSD requirements\n apply to each node even if network management and communication with the SAS is accomplished via a\n single network interface. End User Devices are not considered CBSDs.\n\n (1) Category A CBSD. A lower power CBSD that meets the general requirements applicable to all CBSDs\n and the specific requirements for Category A CBSDs set forth in §§ 96.41 and 96.43.\n\n (2) Category B CBSD. A higher power CBSD that meets the general requirements applicable to all CBSDs\n and the specific requirements for Category B CBSDs set forth in §§ 96.41 and 96.45.\n\n Coastline. The mean low water line along the coast of the United States drawn according to the principles, as\n recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15\n U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea, 21 I.L.M. 1261.\n\n County. For purposes of this part, counties shall be defined using the United States Census Bureau's data\n reflecting county legal boundaries and names valid through January 1, 2017.\n\n End user device. A device authorized and controlled by an authorized CBSD. These devices may not be used as\n intermediate service links or to provide service over the frequencies listed in § 96.11 to other End User\n Devices or CBSDs.\n\n Environmental Sensing Capability (ESC). A system that detects and communicates the presence of a signal from\n an Incumbent User to an SAS to facilitate shared spectrum access consistent with §§ 96.15 and 96.67.\n\n Exclusion zone. A geographic area wherein no CBSD shall operate. Exclusion Zones shall be enforced and\n maintained by the SAS. Exclusion Zones will be converted to Protection Zones following the approval and\n commercial deployment of an ESC and SAS consistent with this part.\n\n Fixed station. A CBSD or End User Device that transmits and/or receives radio communication signals at a fixed\n location. Fixed Stations may be moved from time to time but Fixed CBSDs must turn off and re-register\n with the SAS prior to transmitting from a new location.\n\n Geo-location capability. The capability of a CBSD to register its geographic coordinates within the level of\n accuracy specified in § 96.39. The CBSD location is used by the SAS to determine frequency availability\n and maximum transmit power limits for CBSDs.\n\n General Authorized Access (GAA) User. An authorized user of one or more CBSDs operating on a General\n Authorized Access basis, consistent with subpart D of this part.\n\n Grandfathered wireless broadband licensee. A licensee authorized to operate in the 3650–3700 MHz band\n consistent with § 90.1338 of this chapter.\n\n\n47 CFR 96.3 “Grandfathered wireless broadband licensee” (enhanced display) page 3 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.3 “Grandfathered wireless protection zone”\nCitizens Broadband Radio Service\n\n\n Grandfathered wireless protection zone. A geographic area and frequency range in which Grandfathered Wireless\n Broadband Licensees will receive protection from Citizens Broadband Radio Service transmissions and\n defined using methodology determined by the Wireless Telecommunications Bureau and Office of\n Engineering and Technology.\n\n Incumbent user. A federal entity authorized to operate on a primary basis in accordance with the table of\n frequency allocations, fixed satellite service operator, or Grandfathered Wireless Broadband Licensee\n authorized to operate on a primary basis on frequencies designated in § 96.11.\n\n License area. The geographic component of a PAL. A License Area consists of one county.\n\n Mobile station. A device intended to be used while in motion or during halts at unspecified points.\n\n PAL Protection Area. The area within the Priority Access Licensee's default protection contour, as calculated by\n the SAS in accordance with § 96.25 (or smaller, self-reported protection contour). This area will be\n protected from interference in accordance with §§ 96.25 and 96.41(d).\n\n Portable station. A device designed to be used within 20 centimeters of the body of the user.\n\n Priority Access License (PAL). A license to operate on a Priority Access basis, consistent with subpart C of this\n part.\n\n Priority access licensee. A holder of one or more PALs. Priority Access Licensees shall be entitled to protection\n from General Authorized Access Users and other Priority Access Licensees within the defined temporal,\n geographic, and frequency limits of their PAL, consistent with the rules set forth in this part.\n\n Protection zone. A geographic area wherein CBSDs may operate only with the permission of an approved SAS\n and ESC.\n\n Rural area. For purposes of this part, any Census Tract which is not located within, or overlapping:\n\n (1) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or\n\n (2) An urbanized area contiguous and adjacent to a city or town that has a population of greater than\n 50,000 inhabitants.\n\n Service area. One or more contiguous License Areas held by the same Priority Access Licensee.\n\n Spectrum Access System (SAS). A system that authorizes and manages use of spectrum for the Citizens\n Broadband Radio Service in accordance with subpart F of this part.\n\n Spectrum Access System (SAS) administrator. An entity authorized by the Commission to operate an SAS in\n accordance with the rules and procedures set forth in § 96.63.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016; 83 FR 63095, Dec. 7, 2018]\n\n\n§ 96.5 Eligibility.\nAny entity, other than those precluded by Section 310 of the Communications Act of 1934, as amended, 47 U.S.C.\n310, and otherwise meets the technical, financial, character, and citizenship qualifications that the Commission may\nrequire in accordance with such Act is eligible to be a Priority Access Licensee or General Authorized Access User\nunder this part; provided further, that no entity barred by 47 U.S.C. 1404 is eligible to be a Priority Access Licensee.\n\n\n\n\n47 CFR 96.5 (enhanced display) page 4 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.7\nCitizens Broadband Radio Service\n\n\n§ 96.7 Authorization required.\n (a) CBSDs and End User Devices must be used and operated consistent with the rules in this part.\n\n (b) Authorizations for PALs may be granted upon proper application, provided that the applicant is qualified in\n regard to citizenship, character, financial, technical and other criteria established by the Commission, and\n that the public interest, convenience and necessity will be served. See 47 U.S.C. 301, 308, 309, and 310.\n The holding of an authorization does not create any rights beyond the terms, conditions, and period\n specified in the authorization and shall be subject to the provisions of the Communications Act of 1934,\n as amended, and the Commission's rules and policies thereunder.\n\n (c) Grandfathered Wireless Broadband Licensees are authorized to operate consistent with § 90.1338 of this\n chapter.\n\n§ 96.9 Regulatory status.\nPriority Access Licensees and General Authorized Access Users are permitted to provide services on a non-\ncommon carrier and/or on a common carrier basis. An authorized Citizens Broadband Radio Service user may\nrender any kind of communications service consistent with the regulatory status in its authorization and with the\nCommission's rules applicable to that service.\n\n§ 96.11 Frequencies.\n (a) The Citizens Broadband Radio Service is authorized in the 3550–3700 MHz frequency band.\n\n (1) General Authorized Access Users may operate in the 3550–3700 MHz frequency band.\n\n (2) Priority Access Users may operate in the 3550–3650 MHz frequency band.\n\n (3) Grandfathered Wireless Broadband Licensees may continue to use the 3650–3700 MHz band in\n accordance with § 90.1338 of this chapter.\n\n (b) [Reserved]\n\n§ 96.13 Frequency assignments.\n (a) Each PAL shall be authorized to use a 10 megahertz channel in the 3550–3650 MHz band.\n\n (1) No more than seven PALs shall be assigned in any given License Area at any given time.\n\n (2) Multiple channels held by the same Priority Access Licensee in a given License Area shall be\n assigned consistent with the requirements of § 96.25.\n\n (3) Any frequencies designated for Priority Access that are not in use by a Priority Access Licensee may\n be utilized by General Authorized Access Users.\n\n (b) The 3650–3700 MHz band shall be reserved for Grandfathered Wireless Broadband Licensees and GAA\n Users.\n\n (c) An SAS shall assign authorized CBSDs to specific frequencies, which may be reassigned by that SAS,\n consistent with this part.\n\nSubpart B—Incumbent Protection\n\n\n\n47 CFR 96.13(c) (enhanced display) page 5 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.15\nCitizens Broadband Radio Service\n\n\n§ 96.15 Protection of federal incumbent users.\n (a) This paragraph (a) applies only to CBSDs operating in the 3550–3650 MHz band.\n\n (1) CBSDs and End User Devices must not cause harmful interference to and must accept interference\n from federal Incumbent Users authorized to operate in the 3550–3700 MHz band and below 3550\n MHz.\n\n (2) The SAS shall only authorize the use of CBSDs consistent with information on federal frequency use\n obtained from an approved ESC, except as provided in this section.\n\n (3) For Category A CBSDs, Exclusion Zones shall be maintained along the Coastline, as shown at\n ntia.doc.gov/category/3550-3650-mhz. Exclusion Zones shall also be maintained around federal\n radiolocation sites as set forth at ntia.doc.gov/category/3550-3650-mhz . NTIA shall notify the\n Commission in writing if and when the list of protected federal radiolocation sites is updated.\n Exclusion Zones shall be maintained and enforced until one or more ESCs are approved and used by\n at least one SAS, in accordance with § 96.67. Thereafter, Exclusion Zones shall be converted to\n Protection Zones.\n\n (i) Category A CBSDs may be authorized by an approved SAS in geographic areas outside of\n Exclusion Zones before an ESC is approved.\n\n (ii) Once an ESC is approved and used by at least one SAS, Category A CBSDs may only be\n authorized consistent with information on federal frequency use provided to the SAS by an\n approved ESC.\n\n (iii) Category B CBSDs may only be authorized consistent with information on the presence of a\n signal from a federal system provided to the SAS by an approved ESC.\n\n (4) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system\n in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the\n SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied\n frequency, if available. If the President of the United States (or another designated Federal\n Government entity) issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606, SAS\n Administrators must instruct CBSDs to cease operations as soon as technically possible.\n\n (5) The Commission will, as necessary, add or modify Exclusion Zones or Protection Zones to protect\n current and future federal Incumbent Users.\n\n (6) The Commission may temporarily extend or modify Exclusion Zones and Protection Zones to protect\n temporary operations by federal Incumbent Users. Federal Incumbent Users will coordinate with the\n Commission prior to the beginning of any non-emergency operation requiring additional protection.\n Such modifications will be communicated to the SAS along with the expiration date and time of any\n modification.\n\n (b) This paragraph (b) applies to CBSDs operating in the 3650–3700 MHz band.\n\n (1) CBSDs and End User Devices must not cause harmful interference to and must accept interference\n from federal Incumbent Users authorized to operate in the 3500–3700 MHz band.\n\n (2) Exclusion Zones shall be maintained for an 80 km radius around the federal radiolocation sites listed\n in 47 CFR 90.1331 and 47 CFR 2.106, US 109. These Exclusion Zones shall be maintained and\n enforced until one or more ESCs are approved and used by at least one SAS, in accordance with §\n 96.67. Thereafter, Exclusion Zones shall be converted to Protection Zones.\n\n47 CFR 96.15(b)(2) (enhanced display) page 6 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.15(b)(3)\nCitizens Broadband Radio Service\n\n\n (3) CBSDs may only be authorized within these Protection Zones consistent with information on the\n presence of a signal from a federal system provided to the SAS by an approved ESC, in accordance\n with § 96.67.\n\n (4) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system\n in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the\n SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied\n frequency. If the President of the United States (or another designated Federal Government entity)\n issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606, SAS Administrators must\n instruct CBSDs to cease operations as soon as technically possible.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016]\n\n\n§ 96.17 Protection of existing fixed satellite service (FSS) earth stations in the 3600–3700 MHz\nBand and 3700–4200 MHz Band.\n (a) FSS earth stations licensed to operate in the 3600–3700 MHz band listed at www.fcc.gov/cbrs-protected-\n fss-sites shall be protected from CBSD operation consistent with this section. The protections in this\n section shall only apply to registered FSS earth stations that are authorized to operate on a co-primary\n basis consistent with § 2.106 of this chapter.\n\n (1) FSS earth stations in the 3650–3700 MHz band will be afforded protection consistent with this\n section only after the conditions set forth in § 96.21(c) are satisfied.\n\n (2) Co-channel. The aggregate passband radiofrequency (RF) power spectral density at the output of a\n reference RF filter and antenna at the location of an FSS earth station operating in the 3600–3700\n MHz band, produced by emissions from all co-channel CBSDs (within 150 km) operating in the\n Citizens Band Radio Service shall not exceed a median root mean square (RMS) value of −129 dBm/\n MHz. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1)\n and (4) of this chapter, and a reference RF filter between the feed-horn and low noise amplifier\n (LNA)/low noise block downconverter (LNB), with 0.5 dB insertion loss in the passband.\n\n (3) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of\n an FSS earth station operating in the 3600–3700 MHz band, produced by emissions from all CBSDs\n (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna system\n requires an SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a\n reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation\n to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband,\n and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to 150 MHz below the\n lower edge of the FSS earth station's authorized passband.\n\n (b) Registered FSS earth stations in the 3700–4200 MHz band listed at www.fcc.gov/cbrs-protected-fss-sites\n shall be protected from CBSD operation in accordance with this section. Only licensed FSS earth stations\n used for satellite telemetry, tracking, and control (TT&C) operations will be protected under this section.\n Other licensed 3700–4200 MHz earth stations may be protected consistent with § 96.17(f).\n\n (1) Out-of-band emissions into FSS. The aggregate passband RF power spectral density at the output of\n a reference RF filter and antenna at the location of a TT&C FSS earth station operating in the\n 3700–4200 MHz band, produced by emissions from all CBSDs (within 40 km) operating in the\n\n\n\n47 CFR 96.17(b)(1) (enhanced display) page 7 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.17(b)(2)\nCitizens Broadband Radio Service\n\n\n Citizens Band Radio Service shall not exceed a median RMS value of −129 dBm/MHz. The reference\n antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter,\n and a reference RF filter between the feed-horn and LNA/LNB, with 0.5 dB insertion loss in the\n passband.\n\n (2) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of\n a TT&C FSS earth station operating in the 3700–4200 MHz band, produced by emissions from all\n CBSDs (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna\n system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a\n reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation\n to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband,\n and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to150 MHz below the\n lower edge of the FSS earth station's authorized passband.\n\n (c) These protection criteria will be enforced by the Spectrum Access System authorized consistent with\n subpart F of this part.\n\n (d) FSS earth station licensees requesting protection under this part must register with the Commission\n annually, no later than 30 days before the end of the preceding calendar year, or upon making changes to\n any of the operational parameters listed in this section. Registration information will be made available to\n all approved SASs.\n\n (1) Annual registration for each earth station shall include, at a minimum:\n\n (i) The earth station's geographic location (Using NAD83 coordinates);\n\n (ii) Antenna gain;\n\n (iii) Azimuth and elevation antenna gain pattern;\n\n (iv) Antenna azimuth relative to true north; and\n\n (v) Antenna elevation angle.\n\n (vi) Whether the earth station is used for satellite telemetry, tracking, and control (for earth stations\n in the 3700–4200 MHz band).\n\n (2) Such information must be made available to SAS Administrators and maintained consistent with §\n 96.55.\n\n (e) CBSDs may operate within areas that may cause interference to FSS earth stations, in excess of the levels\n described in § 96.17(a) and (b), provided that the licensee of the FSS earth station and the authorized\n user of the CBSD mutually agree on such operation and the terms of any such agreement are provided to\n an SAS Administrator that agrees to enforce them. The terms of any such agreement shall be\n communicated promptly to all other SAS Administrators.\n\n (f) FSS earth station licensees in the 3600–3700 and 3700–4200 MHz bands may request additional\n protection from SAS Administrators to prevent harmful interference into their systems. SAS\n Administrators must establish a process to receive and address such requests, consistent with §§\n 96.53(o) and 96.63 and shall make good faith efforts to address interference concerns, consistent with\n their other responsibilities under this part. In addressing such requests, SASs shall assume that\n 3700–4200 MHz earth stations are utilizing filters with the characteristics described in § 96.17(a)(3) or\n (b)(2) as appropriate for the 3600–3700 or 3700–4200 MHz band.\n\n\n47 CFR 96.17(f) (enhanced display) page 8 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.19\nCitizens Broadband Radio Service\n\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016]\n\n\n§ 96.19 Operation near Canadian and Mexican borders.\nCitizens Broadband Radio Service operation in the 3550–3700 MHz band is subject to current and future\ninternational agreements with Mexico and Canada. The terms of these agreements shall be implemented by the\nSAS.\n\n§ 96.21 Protection of existing operators in the 3650–3700 MHz Band.\n (a) Grandfathered Wireless Broadband Licensees shall be granted Incumbent User status consistent with §§\n 90.1307 and 90.1338 of this chapter. Notwithstanding this status, Grandfathered Wireless Broadband\n Licensees shall not cause harmful interference to federal Incumbent Users and grandfathered FSS earth\n stations consistent with the rules governing Citizens Broadband Radio Service operators in this part.\n\n (1) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply within\n its Grandfathered Wireless Protection Zone.\n\n (2) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply to\n Grandfathered Wireless Protection Zones around base or fixed stations that are registered in ULS on\n or before April 17, 2015 and constructed, in service, and fully compliant with the rules in part 90,\n subpart Z of this chapter as of April 17, 2016. Grandfathered Wireless Protection Zones will be\n reduced in geographic area and/or applicable frequency range if portions of the protected network\n fail to meet the above criteria after April 17, 2016. Grandfathered Wireless Protection Zones will not\n be defined for subscriber units operated by Grandfathered Wireless Broadband Licensees, regardless\n of whether they have been registered in ULS.\n\n (3) Grandfathered Wireless Protection Zones must be registered in the SAS for these protections to\n apply.\n\n (b) Grandfathered Wireless Broadband Licensees may operate within their Grandfathered Wireless Protection\n Zones and operational frequencies consistent with the technical rules in part 90, subpart Z, consistent\n with the transition period set forth in §§ 90.1307 and 90.1338 of this chapter.\n\n (c) Grandfathered Wireless Broadband Licensees and Citizens Broadband Radio Service users must protect\n authorized grandfathered FSS earth stations in the 3650–3700 MHz band, consistent with the existing\n protection criteria in 47 CFR part 90, subpart Z, until the last Grandfathered Wireless Broadband\n Licensee's license expires within the protection area defined for a particular grandfathered FSS earth\n station. Thereafter, the protection criteria in § 96.17 applicable to FSS earth stations in the 3600–3700\n MHz band shall apply.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49067, July 26, 2016]\n\n\nSubpart C—Priority Access\n§ 96.23 Authorization.\n (a) An applicant must file an application for an initial PAL. Applications for PALs must:\n\n (1) Demonstrate the applicant's qualifications to hold an authorization;\n\n (2) State how a grant would serve the public interest, convenience, and necessity;\n\n47 CFR 96.23(a)(2) (enhanced display) page 9 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.23(a)(3)\nCitizens Broadband Radio Service\n\n\n (3) Contain all information required by FCC rules and application forms;\n\n (4) Propose operation of a facility or facilities in compliance with all rules governing the Citizens\n Broadband Radio Service; and\n\n (5) Be amended as necessary to remain substantially accurate and complete in all significant respects,\n in accordance with the provisions of § 1.65 of this chapter.\n\n (b) CBSDs used for Priority Access must register with an SAS and comply with its instructions consistent with\n § 96.39 and subpart F of this part.\n\n (c) Records pertaining to PALs, including applications and licenses, shall be maintained by the Commission in\n a publicly accessible system.\n\n[80 FR 36222, June 23, 2015, as amended at 83 FR 63095, Dec. 7, 2018; 85 FR 25315, May 1, 2020]\n\n\n§ 96.25 Priority access licenses.\n (a) Priority Access Licensees must operate CBSDs consistent with the technical rules and interference\n protection requirements set forth in this part.\n\n (b) PALs have the following parameters:\n\n (1) Geography: Each PAL consists of a single License Area.\n\n (i) Contiguous geographic areas: An SAS must assign geographically contiguous PALs held by the\n same Priority Access Licensee to the same channels in each geographic area, to the extent\n feasible. The SAS may temporarily reassign individual PALs held by the same Priority Access\n Licensee to different channels, so that geographical contiguity is temporarily not maintained, to\n the extent necessary to protect Incumbent Users or if necessary to perform its required\n functions under subpart F of this part.\n\n (ii) [Reserved]\n\n (2) Channels: Each PAL consists of a 10 megahertz channel within the frequency range set forth in §\n 96.11. Channels must be assigned by the SAS. Priority Access Licensees may request a particular\n channel or frequency range from the SAS but will not be guaranteed a particular assignment.\n\n (i) Contiguous channels: An SAS must assign multiple channels held by the same Priority Access\n Licensee to contiguous channels in the same License Area, to the extent feasible. The SAS may\n temporarily reassign individual PALs to non-contiguous channels to the extent necessary to\n protect Incumbent Users or if necessary to perform its required functions under subpart F of\n this part.\n\n (ii) [Reserved]\n\n (3) License term. Each PAL has a ten-year license term. Licensees must file a renewal application in\n accordance with the provisions of § 1.949 of this chapter.\n\n (4) Performance requirement. Priority Access Licensees must provide substantial service in their license\n area by the end of the initial license term. “Substantial” service is defined as service which is sound,\n favorable, and substantially above the level of mediocre service which might minimally warrant\n renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license\n without further Commission action, and the licensee will be ineligible to regain it. Licensees shall\n\n47 CFR 96.25(b)(4) (enhanced display) page 10 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.25(b)(4)(i)\nCitizens Broadband Radio Service\n\n\n demonstrate compliance with the performance requirement by filing a construction notification with\n the Commission in accordance with the provisions set forth in § 1.946(d) of this chapter. The\n licensee must certify whether it has met the performance requirement, and file supporting\n documentation, including description and demonstration of the bona fide service provided, electronic\n maps accurately depicting the boundaries of the license area and where in the license area the\n licensee provides service that meets the performance requirement, supporting technical\n documentation, any population-related assumptions or data used in determining the population\n covered by a service to the extent any were relied upon, and any other information the Wireless\n Telecommunications Bureau may prescribe by public notice. A licensee's showing of substantial\n service may not rely on service coverage outside of the PAL Protection Areas of registered CBSDs or\n on deployments that are not reflected in SAS records of CBSD registrations.\n\n (i) Safe harbor for mobile or point-to-multipoint service. A Priority Access Licensee providing a\n mobile service or point-to-multipoint service may demonstrate substantial service by showing\n that it provides signal coverage and offers service, either to customers or for internal use, over\n at least 50 percent of the population in the license area.\n\n (ii) Safe harbor for fixed point-to-point service. A Priority Access Licensee providing a fixed point-to-\n point service may demonstrate substantial service by showing that it has constructed and\n operates at least four links, either to customers or for internal use, in license areas with 134,000\n population or less and in license areas with greater population, a minimum number of links\n equal to the population of the license area divided by 33,500 and rounded up to the nearest\n whole number. To satisfy this provision, such links must operate using registered Category B\n CBSDs.\n\n (c) PAL Protection Areas. PAL channels shall be made available for assignment by the SAS for General\n Authorized Access use only in areas outside of PAL Protection Areas consistent with this section and §\n 96.41(d).\n\n (1) A CBSD will be considered to be in use for purposes of calculating a PAL Protection Area once it is\n registered and authorized for use on a Priority Access basis by an SAS consistent with §§ 96.39,\n 96.53, and 96.57.\n\n (i) Priority Access Licensees must inform the SAS if a previously activated CBSD is no longer in\n use.\n\n (ii) Any CBSD that does not make contact with the SAS for seven days shall not be considered in\n use and will be excluded from the calculation of the PAL Protection Area until such time as\n contact with the SAS is re-established.\n\n (2) The default protection contour will be determined by the SAS as a −96 dBm/10 MHz contour around\n each CBSD. The default protection contour will be calculated based on information included in the\n CBSD registration and shall be determined and enforced consistently across all SASs.\n\n (i) The default protection contour is the outer limit of the PAL Protection Area for any CBSD but a\n Priority Access Licensee may choose to self-report protection contours smaller than the default\n protection contour to the SAS.\n\n (ii) If the PAL Protection Areas for multiple CBSDs operated by the same Priority Access Licensees\n overlap, the SAS shall combine the PAL Protection Areas for such CBSDs into a single\n protection area.\n\n\n47 CFR 96.25(c)(2)(ii) (enhanced display) page 11 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.25(c)(3)\nCitizens Broadband Radio Service\n\n\n (3) The PAL Protection Area may not extend beyond the boundaries of the Priority Access Licensee's\n Service Area.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49067, July 26, 2016; 83 FR 63096, Dec. 7, 2018; 85 FR 25315, May 1, 2020]]\n\n\n§ 96.27 [Reserved]\n§ 96.29 Competitive bidding procedures.\nMutually exclusive initial applications for PALs are subject to competitive bidding. The general competitive bidding\nprocedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this subpart.\n\n[83 FR 63096, Dec. 7, 2018]\n\n\n§ 96.30 Designated entities in the Citizens Broadband Radio Service.\n (a) Small business.\n\n (1) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates\n of its controlling interests, has average gross revenues not exceeding $55 million for the preceding\n three (3) years.\n\n (2) A very small business is an entity that, together with its affiliates, its controlling interests, and the\n affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the\n preceding three\n\n (3) years.\n\n (b) Eligible rural service provider. For purposes of this section, an eligible rural service provider is an entity\n that meets the criteria specified in § 1.2110(f)(4) of this chapter.\n\n (c) Bidding credits.\n\n (1) A winning bidder that qualifies as a small business as defined in this section or a consortium of\n small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this\n chapter. A winning bidder that qualifies as a very small business as defined in this section or a\n consortium of very small businesses may use a bidding credit of 25 percent, as specified in §\n 1.2110(f)(2)(i)(B) of this chapter.\n\n (2) An entity that qualifies as eligible rural service provider or a consortium of rural service providers\n who has not claimed a small business bidding credit may use a bidding credit of 15 percent, as\n specified in § 1.2110(f)(4) of this chapter.\n\n[83 FR 63096, Dec. 7, 2018]\n\n\n§ 96.31 Aggregation of priority access licenses.\n (a) Priority Access Licensees may aggregate up to four PAL channels in any License Area at any given time.\n\n (b) The criteria in § 20.22(b) of this chapter will apply in order to attribute partial ownership and other\n interests for the purpose of applying the aggregation limit in paragraph (a) of this section.\n\n[81 FR 49067, July 26, 2016]\n\n47 CFR 96.31(b) (enhanced display) page 12 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.32\nCitizens Broadband Radio Service\n\n\n§ 96.32 Priority access assignments of authorization, transfers of control, and leasing\narrangements.\n (a) Priority Access Licensees may transfer or assign their licenses and enter into de facto leasing\n arrangements in accordance with part 1 of this chapter.\n\n (b) Priority Access Licensees may partition or disaggregate their licenses and partially assign or transfer their\n licenses pursuant to § 1.950 of this chapter and may enter into de facto transfer leasing arrangements for\n a portion of their licensed spectrum pursuant to part 1 of this chapter.\n\n (c) Priority Access Licensees may enter into spectrum manager leasing arrangements with approved entities\n as prescribed in § 1.9046 of this chapter. Priority Access Licensees may only enter into leasing\n arrangements for areas that are within their Service Area and outside of their PAL Protection Areas.\n\n[81 FR 49068, July 26, 2016, as amended at 83 FR 63096, Dec. 7, 2018; 85 FR 25315, May 1, 2020]]\n\n\nSubpart D—General Authorized Access\n§ 96.33 Authorization.\n (a) Any party meeting the requirements set forth in § 96.5 is eligible to operate a CBSD on a General\n Authorized Access basis.\n\n (b) CBSDs used for General Authorized Access must register with the SAS and comply with its instructions.\n\n§ 96.35 General authorized access use.\n (a) General Authorized Access Users shall be permitted to use frequencies assigned to PALs when such\n frequencies are not in use, as determined by the SAS, consistent with § 96.25(c).\n\n (b) Frequencies that are available for General Authorized Access Use shall be made available on a shared\n basis.\n\n (c) General Authorized Access Users shall have no expectation of interference protection from other General\n Authorized Access Users operating in accordance with this part.\n\n (d) General Authorized Access Users must not cause harmful interference to and must accept interference\n from Priority Access Licensees and Incumbent Users in accordance with this part.\n\n (e) General Authorized Access Users operating Category B CBSDs must make every effort to cooperate in the\n selection and use of available frequencies provided by an SAS to minimize the potential for interference\n and make the most effective use of the authorized facilities. Such users shall coordinate with an SAS\n before seeking station authorization, and make every effort to ensure that their CBSDs operate at a\n location, and with technical parameters, that will minimize the potential to cause and receive interference\n among CBSDs. Operators of CBSDs suffering from or causing harmful interference are expected to\n cooperate and resolve interference problems through technological solutions or by other mutually\n satisfactory arrangements.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49068, July 26, 2016]\n\n\nSubpart E—Technical Rules\n\n\n47 CFR 96.35(e) (enhanced display) page 13 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.39\nCitizens Broadband Radio Service\n\n\n§ 96.39 Citizens Broadband Radio Service Device (CBSD) general requirements.\nThis section applies to all CBSDs. Additional rules applicable only to Category A or Category B CBSDs are set forth\nin §§ 96.43 and 96.45.\n\n (a) Geo-location and reporting capability.\n\n (1) All CBSDs must be able to determine their geographic coordinates (referenced to the North American\n Datum of 1983 (NAD83)) to an accuracy of ±50 meters horizontal and ±3 meters of elevation. Such\n geographic coordinates shall be reported to an SAS at the time of first activation from a power-off\n condition.\n\n (2) For professionally installed CBSDs, geographic coordinates to the same accuracy specified in\n paragraph (a)(1) of this section may be determined and reported to the SAS as part of the\n installation and registration process. Geographic coordinates must be determined and reported each\n time the CBSD is moved to a new location.\n\n (3) A non-professionally installed CBSD must check its location and report to the SAS any location\n changes exceeding 50 meters horizontal and ±3 meters elevation from its last reported location\n within 60 seconds of such location change.\n\n (b) Operability. All CBSDs must be capable of two-way operation on any authorized frequency assigned by an\n SAS. Equipment deployed by Grandfathered Wireless Broadband Licensees during their license term will\n be exempt from this requirement.\n\n (c) Registration with SAS. A CBSD must register with and be authorized by an SAS prior to its initial service\n transmission. The CBSD must provide the SAS upon its registration with its geographic location, antenna\n height above ground level (in meters), CBSD class (Category A/Category B), requested authorization\n status (Priority Access or General Authorized Access), FCC identification number, call sign, user contact\n information, air interface technology, unique manufacturer's serial number, sensing capabilities (if\n supported), and additional information on its deployment profile required by §§ 96.43 and 96.45. If any of\n this information changes, the CBSD shall update the SAS within 60 seconds of such change, except as\n otherwise set forth in this section. All information provided by the CBSD to the SAS must be true,\n complete, correct, and made in good faith.\n\n (1) A CBSD must operate at or below the maximum power level authorized by an SAS, consistent with its\n FCC equipment authorization, and within geographic areas permitted by an SAS on the channels or\n frequencies authorized by an SAS.\n\n (2) A CBSD must receive and comply with any incoming commands from its associated SAS about any\n changes to power limits and frequency assignments. A CBSD must cease transmission, move to\n another frequency range, or change its power level within 60 seconds as instructed by an SAS.\n\n (d) Signal Level Reporting. A CBSD must report to an SAS regarding received signal strength in its occupied\n frequencies and adjacent frequencies, received packet error rates or other common standard metrics of\n interference for itself and associated End User Devices as directed by an SAS.\n\n (e) Frequency reporting. If directed by the SAS, a CBSD that receives a range of available frequencies or\n channels from an SAS must promptly report to the SAS which of the available channels or frequencies it\n will utilize.\n\n\n\n\n47 CFR 96.39(e) (enhanced display) page 14 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.39(f)\nCitizens Broadband Radio Service\n\n\n (f) Security. CBSDs shall incorporate security measures sufficient to ensure that they are capable of\n communicating only with SASs operated by approved SAS Administrators, and that communications\n between CBSDs and SASs, between individual CBSDs, and between CBSDs and End User Devices are\n secure to prevent corruption or unauthorized interception of data.\n\n (1) For purposes of obtaining operational limits and frequency availabilities and their updates, CBSDs\n shall only contact SASs operated by SAS Administrators approved by the Commission in accordance\n with subpart F of this part.\n\n (2) All communications between CBSDs and SASs must be transmitted using secure methods that\n protect the systems from corruption or unauthorized modification of the data.\n\n (3) Communications between a CBSD and its associated End User Devices for purposes of obtaining\n operational power, location, and frequency assignments shall employ secure methods that protect\n the system from corruption or unauthorized modification of the data.\n\n (g) Device security. All CBSDs and End User Devices must contain security features sufficient to protect\n against modification of software and firmware by unauthorized parties. Applications for certification of\n CBSDs and End User Devices must include an operational description of the technologies and measures\n that are incorporated in the device to comply with the security requirements of this section. In addition,\n applications for certification of CBSDs and End User Devices must identify at least one of the SAS\n databases operated by an approved SAS Administrator that the device will access for channel/frequency\n availability and affirm that the device will conform to the communications security methods used by such\n databases.\n\n (h) Airborne operations. Airborne operations by CBSDs and End User Devices are prohibited.\n\n§ 96.41 General radio requirements.\nThe requirements in this section apply to CBSDs and their associated End User Devices, unless otherwise specified.\n\n (a) Digital modulation. Systems operating in the Citizens Broadband Radio Service must use digital\n modulation techniques.\n\n (b) Power limits. Unless otherwise specified in this section, the maximum effective isotropic radiated power\n (EIRP) and maximum Power Spectral Density (PSD) of any CBSD and End User Device must comply with\n the limits shown in the table in this paragraph (b):\n\n Maximum\n EIRP Maximum PSD\n Device\n (dBm/10 (dBm/MHz)\n megahertz)\n End User Device 23 n/a\n Category A CBSD 30 20\n Category B CBSD1 47 37\n\n 1Category B CBSDs will only be authorized for use after an ESC is approved and commercially\n deployed consistent with §§ 96.15 and 96.67.\n\n (c) Power management. CBSDs and End User Devices shall limit their operating power to the minimum\n necessary for successful operations.\n47 CFR 96.41(c) (enhanced display) page 15 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.41(c)(1)\nCitizens Broadband Radio Service\n\n\n (1) CBSDs must support transmit power control capability and the capability to limit their maximum\n EIRP and the maximum EIRP of associated End User Devices in response to instructions from an\n SAS.\n\n (2) End User Devices shall include transmit power control capability and the capability to limit their\n maximum EIRP in response to instructions from their associated CBSDs.\n\n (d) Received Signal Strength Limits.\n\n (1) For both Priority Access and GAA users, CBSD transmissions must be managed such that the\n aggregate received signal strength for all locations within the PAL Protection Area of any co-channel\n PAL, shall not exceed an average (RMS) power level of −80 dBm in any direction when integrated\n over a 10 megahertz reference bandwidth, with the measurement antenna placed at a height of 1.5\n meters above ground level, unless the affected PAL licensees agree to an alternative limit and\n communicate that to the SAS.\n\n (2) These limits shall not apply for co-channel operations at the boundary between geographically\n adjacent PALs held by the same Priority Access Licensee.\n\n (e) 3.5 GHz Emissions and Interference Limits —\n\n (1) General protection levels.\n\n\n\n\n (i) Except as otherwise specified in paragraph (e)(2) of this section, for channel and frequency\n assignments made by the SAS to CBSDs, the conducted power of any CBSD emission outside\n the fundamental emission bandwidth as specified in paragraph (e)(3) of this section (whether\n the emission is inside or outside of the authorized band) shall not exceed −13 dBm/MHz within\n 0–10 megahertz above the upper SAS-assigned channel edge and within 0–10 megahertz\n below the lower SAS-assigned channel edge. At all frequencies greater than 10 megahertz\n\n47 CFR 96.41(e)(1)(i) (enhanced display) page 16 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.41(e)(1)(ii)\nCitizens Broadband Radio Service\n\n\n above the upper SAS assigned channel edge and less than 10 MHz below the lower SAS\n assigned channel edge, the conducted power of any CBSD emission shall not exceed −25 dBm/\n MHz. The upper and lower SAS assigned channel edges are the upper and lower limits of any\n channel assigned to a CBSD by an SAS, or in the case of multiple contiguous channels, the\n upper and lower limits of the combined contiguous channels.\n\n (ii) Except as otherwise specified in paragraph (e)(2) of this section, for channel and frequency\n assignments made by a CBSD to End User Devices, the conducted power of any End User\n Device emission outside the fundamental emission (whether in or outside of the authorized\n band) shall not exceed −13 dBm/MHz within 0 to B megahertz (where B is the bandwidth in\n megahertz of the assigned channel or multiple contiguous channels of the End User Device)\n above the upper CBSD-assigned channel edge and within 0 to B megahertz below the lower\n CBSD-assigned channel edge. At all frequencies greater than B megahertz above the upper\n CBSD assigned channel edge and less than B megahertz below the lower CBSD-assigned\n channel edge, the conducted power of any End User Device emission shall not exceed −25\n dBm/MHz. Notwithstanding the emission limits in this paragraph, the Adjacent Channel\n Leakage Ratio for End User Devices shall be at least 30 dB.\n\n (2) Additional protection levels. Notwithstanding paragraph (e)(1) of this section, for CBSDs and End\n User Devices, the conducted power of emissions below 3540 MHz or above 3710 MHz shall not\n exceed −25 dBm/MHz, and the conducted power of emissions below 3530 MHz or above 3720 MHz\n shall not exceed −40dBm/MHz.\n\n (3) Measurement procedure.\n\n (i) Compliance with this provision is based on the use of measurement instrumentation employing\n a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands\n immediately outside and adjacent to the licensee's authorized frequency channel, a resolution\n bandwidth of no less than one percent of the fundamental emission bandwidth may be\n employed. A narrower resolution bandwidth is permitted in all cases to improve measurement\n accuracy provided the measured power is integrated over the full reference bandwidth (i.e., 1\n MHz or 1 percent of emission bandwidth, as specified). The fundamental emission bandwidth\n is defined as the width of the signal between two points, one below the carrier center frequency\n and one above the carrier center frequency, outside of which all emissions are attenuated at\n least 26 dB below the transmitter power.\n\n (ii) When measuring unwanted emissions to demonstrate compliance with the limits, the CBSD and\n End User Device nominal carrier frequency/channel shall be adjusted as close to the licensee's\n authorized frequency block edges, both upper and lower, as the design permits.\n\n (iii) Compliance with emission limits shall be demonstrated using either average (RMS)-detected or\n peak-detected power measurement techniques.\n\n (4) When an emission outside of the authorized bandwidth causes harmful interference, the\n Commission may, at its discretion, require greater attenuation than specified in this section.\n\n (f) Reception limits. Priority Access Licensees must accept adjacent channel and in-band blocking\n interference (emissions from other authorized Priority Access or GAA CBSDs transmitting between 3550\n and 3700 MHz) up to a power spectral density level not to exceed −40 dBm in any direction with greater\n than 99% probability when integrated over a 10 megahertz reference bandwidth, with the measurement\n antenna placed at a height of 1.5 meters above ground level, unless the affected Priority Access\n Licensees agree to an alternative limit and communicates that to the SAS.\n47 CFR 96.41(f) (enhanced display) page 17 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.41(g)\nCitizens Broadband Radio Service\n\n\n\n Note to paragraph (f): Citizens Broadband Radio Service users should be aware that there are\n Federal Government radar systems in the band and adjacent bands that could adversely affect\n their operations.\n\n (g) Power measurement. The peak-to-average power ratio (PAPR) of any CBSD transmitter output power must\n not exceed 13 dB. PAPR measurements should be made using either an instrument with complementary\n cumulative distribution function (CCDF) capabilities or another Commission approved procedure. The\n measurement must be performed using a signal corresponding to the highest PAPR expected during\n periods of continuous transmission.\n\n[81 FR 49068, July 26, 2016, as amended at 83 FR 63096, Dec. 7, 2018]\n\n\n§ 96.43 Additional requirements for category A CBSDs.\n (a) Category A CBSDs shall not be deployed or operated outdoors with antennas exceeding 6 meters height\n above average terrain. CBSDs deployed or operated outdoors with antennas exceeding 6 meters height\n above average terrain will be classified as, and subject to, the operational requirements of Category B\n CBSDs.\n\n (b) When registering with an SAS, Category A CBSDs must transmit all information required under § 96.39.\n This transmission shall also indicate whether the device will be operated indoors or outdoors.\n\n (c) Any CBSD operated at higher power than specified for Category A CBSDs in § 96.41 will be classified as,\n and subject to, the operational requirements of a Category B CBSD.\n\n§ 96.45 Additional requirements for category B CBSDs.\n (a) Category B CBSDs must be professionally installed.\n\n (b) In the 3550–3650 MHz band, Category B CBSDs must be authorized consistent with information received\n from an ESC, as described in § 96.15.\n\n (c) Category B CBSDs are limited to outdoor operations.\n\n (d) When registering with an SAS, Category B CBSDs must transmit all information required under § 96.39\n plus the following additional information: antenna gain, beamwidth, azimuth, downtilt angle, and antenna\n height above ground level.\n\n§ 96.47 End user device additional requirements.\n (a) End User Devices may operate only if they can positively receive and decode an authorization signal\n transmitted by a CBSD, including the frequencies and power limits for their operation.\n\n (1) An End User Device must discontinue operations, change frequencies, or change its operational\n power level within 10 seconds of receiving instructions from its associated CBSD.\n\n (2) [Reserved]\n\n (b) Any device operated at higher power than specified for End User Devices in § 96.41 will be classified as,\n and subject to, the operational requirements of a CBSD.\n\n\n\n\n47 CFR 96.47(b) (enhanced display) page 18 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.49\nCitizens Broadband Radio Service\n\n\n§ 96.49 Equipment authorization.\n (a) Each transmitter used for operation under this part and each transmitter marketed as set forth in § 2.803\n of this chapter must be of a type which has been certificated for use under this part.\n\n (b) Any manufacturer of radio transmitting equipment to be used in these services must request equipment\n authorization following the procedures set forth in subpart J of part 2 of this chapter.\n\n§ 96.51 RF safety.\nLicensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in §§\n1.1307(b), 1.1310, 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of\nMobile or Portable devices operating under this section must contain a statement confirming compliance with\nthese requirements for both fundamental emissions and unwanted emissions and technical information showing\nthe basis for this statement must be submitted to the Commission upon request.\n\nSubpart F—Spectrum Access System\n§ 96.53 Spectrum access system purposes and functionality.\nThe purposes of the SAS include:\n\n (a) To enact and enforce all policies and procedures developed by the SAS Administrator pursuant to § 96.63.\n\n (b) To determine and provide to CBSDs the permissible channels or frequencies at their location.\n\n (c) To determine and provide to CBSDs the maximum permissible transmission power level at their location.\n\n (d) To register and authenticate the identification information and location of CBSDs.\n\n (e) To retain information on, and enforce, Exclusion Zones and Protection Zones in accordance with §§ 96.15\n and 96.17.\n\n (f) To communicate with the ESC to obtain information about federal Incumbent User transmissions and\n instruct CBSDs to move to another frequency range or cease transmissions.\n\n (g) To ensure that CBSDs operate in geographic areas and within the maximum power levels required to\n protect federal Incumbent Users from harmful interference, consistent with the requirements of §§ 96.15\n and 96.21.\n\n (h) To ensure that CBSDs protect non-federal Incumbent Users from harmful interference, consistent with the\n requirements of §§ 96.17 and 96.21.\n\n (i) To protect Priority Access Licensees from interference caused by other PALs and from General Authorized\n Access Users, including the calculation and enforcement of PAL Protection Areas, consistent with §\n 96.25.\n\n (j) To facilitate coordination between GAA users operating Category B CBSDs, consistent with § 96.35.\n\n (k) To resolve conflicting uses of the band while maintaining, as much as possible, a stable radio frequency\n environment.\n\n (l) To ensure secure and reliable transmission of information between the SAS and CBSDs.\n\n (m) To protect Grandfathered Wireless Broadband Licensees consistent with §§ 90.1307 and 90.1338 of this\n chapter, and § 96.21.\n47 CFR 96.53(m) (enhanced display) page 19 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.53(n)\nCitizens Broadband Radio Service\n\n\n (n) To implement the terms of current and future international agreements as they relate to the Citizens\n Broadband Radio Service.\n\n (o) To receive reports of interference and requests for additional protection from Incumbent Access users\n and promptly address interference issues.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49069, July 26, 2016]\n\n\n§ 96.55 Information gathering and retention.\n (a) The SAS shall maintain current information on registered CBSDs, the geographic locations and\n configuration of protected FSS locations as set forth in § 96.17, and the federal Incumbent User Exclusion\n Zones and Protection Zones.\n\n (1) For registered CBSDs, such information shall include all information required by §§ 96.39 and 96.45.\n\n (2) SAS Administrators must make all information necessary to effectively coordinate operations\n between and among CBSDs available to other SAS Administrators.\n\n (3) Upon request, SAS Administrators must make available to the general public aggregated spectrum\n usage data for any geographic area. Such information must include the total available spectrum and\n the maximum available contiguous spectrum in the requested area. SAS Administrators shall not\n disclose specific CBSD registration information to the general public except where such disclosure is\n authorized by the registrant.\n\n (4) For non-federal Incumbent Users, the SAS shall maintain a record of the location of protected earth\n stations as well as the all registration information required by § 96.17.\n\n (b) The SAS shall maintain records not pertaining to federal Incumbent User transmissions for at least 60\n months.\n\n (c) The SAS shall only retain records of information or instructions received regarding federal Incumbent User\n transmissions from the ESC in accordance with information retention policies established as part of the\n ESC approval process.\n\n (d) The SAS shall be technically capable of directly interfacing with any necessary FCC database containing\n information required for the proper operation of an SAS.\n\n (e) The SAS shall process and retain acknowledgements by all entities registering CBSDs that they\n understand the risk of possible interference from federal Incumbent User radar operations in the band.\n\n[80 FR 36222, June 23, 2015, as amended at 83 FR 63097, Dec. 7, 2018]\n\n\n§ 96.57 Registration, authentication, and authorization of Citizens Broadband Radio Service\nDevices.\n (a) An SAS must register, authenticate, and authorize operations of CBSDs consistent with this part.\n\n (b) CBSDs composed of a network of base and fixed stations may employ a subsystem for aggregating and\n communicating all required information exchanges between the SAS and CBSDs.\n\n\n\n\n47 CFR 96.57(b) (enhanced display) page 20 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.57(c)\nCitizens Broadband Radio Service\n\n\n (c) An SAS must also verify that the FCC identifier (FCC ID) of any CBSD seeking access to its services is\n valid prior to authorizing it to begin providing service. A list of devices with valid FCC IDs and the FCC IDs\n of those devices is to be obtained from the Commission's Equipment Authorization System.\n\n (d) An SAS must not authorize operation of CBSDs within Protection Zones except as set forth in § 96.15.\n\n (e) An SAS must calculate and enforce PAL Protection Areas consistent with § 96.25 and such calculation\n and enforcement shall be consistent across all SASs.\n\n[80 FR 36222, June 23, 2015, as amended at 81 FR 49069, July 26, 2016]\n\n\n§ 96.59 Frequency assignment.\n (a) An SAS must determine the available and appropriate channels/frequencies for CBSDs at any given\n location using the information supplied by CBSDs, including location, the authorization status and\n operating parameters of other CBSDs in the surrounding area, information communicated by the ESC,\n other SASs, and such other information necessary to ensure effective operations of CBSDs consistent\n with this part. All such determinations and assignments shall be made in a non-discriminatory manner,\n consistent with this part.\n\n (1) Upon request from the Commission or a CBSD, an SAS must confirm whether frequencies are\n available in a given geographic area.\n\n (2) Upon request from the Commission, an SAS must confirm that CBSDs in a given geographic area and\n frequency band have been shut down or moved to another available frequency range in response to\n information received from the ESC.\n\n (3) If an SAS provides a range of available frequencies or channels to a CBSD, it may require that CBSD\n to confirm which channel or range of frequencies it will utilize.\n\n (b) Consistent with the requirements of § 96.25, an SAS shall assign geographically contiguous PALs held by\n the same Priority Access Licensee to the same channels in each geographic area, where feasible. The\n SAS shall also assign multiple channels held by the same Priority Access Licensee to contiguous\n frequencies within the same License Area, where feasible.\n\n (c) An SAS may temporarily assign PALs to different channels (within the frequency range authorized for\n Priority Access use) to protect Incumbent Access Users or if necessary to perform its required functions.\n\n§ 96.61 Security.\n (a) An SAS must employ protocols and procedures to ensure that all communications and interactions\n between the SAS and CBSDs are accurate and secure and that unauthorized parties cannot access or\n alter the SAS or the information it sends to a CBSD.\n\n (b) Communications between CBSDs and an SAS, between an ESC and an SAS, between individual CBSDs,\n and between different SASs, must be secure to prevent corruption or unauthorized interception of data.\n An SAS must be protected from unauthorized data input or alteration of stored data.\n\n (c) An SAS must verify that the FCC identification number supplied by a CBSD is for a certified device and\n must not provide service to an uncertified device.\n\n\n\n\n47 CFR 96.61(c) (enhanced display) page 21 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.63\nCitizens Broadband Radio Service\n\n\n§ 96.63 Spectrum access system administrators.\nThe Commission will designate one or more SAS Administrators to provide nationwide service. The Commission\nmay, at its discretion, permit the functions of an SAS, such as a data repository, registration, and query services, to\nbe divided among multiple entities; however, it shall designate one or more specific entities to be an SAS\nAdministrator responsible for coordinating the overall functioning of an SAS and providing services to operators in\nthe Citizens Broadband Radio Service. Each SAS Administrator designated by the Commission must:\n\n (a) Maintain a regularly updated database that contains the information described in § 96.55.\n\n (b) Establish a process for acquiring and storing in the database necessary and appropriate information from\n the Commission's databases, including PAL assignments, and synchronizing the database with the\n current Commission databases at least once a day to include newly licensed facilities or any changes to\n licensed facilities.\n\n (c) Establish and follow protocols and procedures to ensure compliance with the rules set forth in this part,\n including the SAS functions set forth in subpart F of this part.\n\n (d) Establish and follow protocols and procedures sufficient to ensure that all communications and\n interactions between the SAS, ESC, and CBSDs are accurate and secure and that unauthorized parties\n cannot access or alter the SAS or the information transmitted from the SAS to CBSDs.\n\n (e) Provide service for a five-year term. This term may be renewed at the Commission's discretion.\n\n (f) Respond in a timely manner to verify, correct or remove, as appropriate, data in the event that the\n Commission or a party brings a claim of inaccuracies in the SAS to its attention. This requirement applies\n only to information that the Commission requires to be stored in the SAS.\n\n (g) Securely transfer the information in the SAS, along with the IP addresses and URLs used to access the\n system, and a list of registered CBSDs, to another approved entity in the event it does not continue as the\n SAS Administrator at the end of its term. It may charge a reasonable price for such conveyance.\n\n (h) Cooperate to develop a standardized process for coordinating operations with other SASs, avoiding any\n conflicting assignments, maximizing shared use of available frequencies, ensuring continuity of service to\n all registered CBSDs, and providing the data collected pursuant to § 96.55.\n\n (i) Coordinate with other SAS Administrators including, to the extent possible, sharing information,\n facilitating non-interfering use by CBSDs connected to other SASs, maximizing available General\n Authorized Access frequencies by assigning PALs to similar channels in the same geographic regions,\n and other functions necessary to ensure that available spectrum is used efficiently consistent with this\n part.\n\n (j) Provide a means to make non-federal non-proprietary information available to the public in a reasonably\n accessible fashion in conformity with the rules in this part.\n\n (k) Ensure that the SAS shall be available at all times to immediately respond to requests from authorized\n Commission personnel for any and all information stored or retained by the SAS.\n\n (l) Establish and follow protocols to respond to instructions from the President of the United States, or\n another designated Federal government entity, issued pursuant to 47 U.S.C. 606.\n\n (m) Establish and follow protocols to comply with enforcement instructions from the Commission.\n\n (n) Ensure that the SAS:\n\n47 CFR 96.63(n) (enhanced display) page 22 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.63(n)(1)\nCitizens Broadband Radio Service\n\n\n (1) Operates without any connectivity to any military or other sensitive federal database or system,\n except as otherwise required by this part; and\n\n (2) Does not store, retain, transmit, or disclose operational information on the movement or position of\n any federal system or any information that reveals other operational information of any federal\n system that is not required by this part to effectively operate the SAS.\n\n§ 96.65 Spectrum access system administrator fees.\n (a) An SAS Administrator may charge Citizens Broadband Radio Service users a reasonable fee for provision\n of the services set forth in subpart F of this part.\n\n (b) The Commission, upon request, will review the fees and can require changes to those fees if they are\n found to be unreasonable.\n\n§ 96.66 Spectrum access system responsibilities related to priority access spectrum manager\nleases.\n (a) An SAS Administrator that chooses to accept and support leasing notifications shall:\n\n (1) Verify that the lessee is on the certification list, as established in § 1.9046 of this chapter.\n\n (2) Establish a process for acquiring and storing the lease notification information and synchronizing\n this information, including information about the expiration, extension, or termination of leasing\n arrangements, with the Commission databases at least once a day;\n\n (3) Verify that the lease will not result in the lessee holding more than the 40 megahertz of Priority\n Access spectrum in a given License Area;\n\n (4) Verify that the area to be leased is within the Priority Access Licensee's Service Area and outside of\n the Priority Access Licensee's PAL Protection Area; and\n\n (5) Provide confirmation to licensee and lessee whether the notification has been received and verified.\n\n (b) During the period of the lease and within the geographic area of a lease, SASs shall treat any CBSD\n operated by the lessee the same as a similarly situated CBSDs operated by the lessor for frequency\n assignment and interference mitigation purposes.\n\n[81 FR 49069, July 26, 2016]\n\n\nSubpart G—Environmental Sensing Capability\n§ 96.67 Environmental sensing capability.\n (a) The primary purpose of the ESC is to facilitate coexistence of Citizens Broadband Radio Service users\n with federal Incumbent Users through signal sensing. An ESC will be operated by a non-governmental\n entity and, except as set forth in this section, will not rely on governmental agencies to affirmatively\n communicate information about the operations of incumbent radio systems.\n\n (b) An ESC may only operate after receiving approval by the Commission. Such approval shall be conditioned\n on meeting the requirements of this part and any other requirements imposed by the Commission. The\n Commission may revoke, modify, or condition ESC approval at its discretion.\n\n (c) An ESC must meet the following requirements:\n\n\n47 CFR 96.67(c) (enhanced display) page 23 of 24\n\f47 CFR Part 96 (up to date as of 2/20/2024)\n 47 CFR 96.67(c)(1)\nCitizens Broadband Radio Service\n\n\n (1) Be managed and maintained by a non-governmental entity;\n\n (2) Accurately detect the presence of a signal from a federal system in the 3550–3700 MHz band and\n adjacent frequencies using approved methodologies that ensure that any CBSDs operating pursuant\n to ESC will not cause harmful interference to federal Incumbent Users;\n\n (3) Communicate information about the presence of a signal from a federal Incumbent User system to\n one or more approved SASs;\n\n (4) Maintain security of detected and communicated signal information;\n\n (5) Comply with all Commission rules and guidelines governing the construction, operation, and\n approval of ESCs;\n\n (6) Ensure that the ESC shall be available at all times to immediately respond to requests from\n authorized Commission personnel for any information collected or communicated by the ESC; and\n\n (7) Ensure that the ESC operates without any connectivity to any military or other sensitive federal\n database or system and does not store, retain, transmit, or disclose operational information on the\n movement or position of any federal system or any information that reveals other operational\n information of any federal system that is not required by this part to effectively operate the ESC.\n\n (d) ESC equipment may be deployed in the vicinity of the Exclusion Zones and Protection Zones to accurately\n detect federal Incumbent User transmissions.\n\n\n\n\n47 CFR 96.67(d) (enhanced display) page 24 of 24\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":46,"cells":{"Content":{"kind":"string","value":"47 CFR Part 17 Subpart B (up to date as of 2/20/2024)\n 47 CFR Part 17 Subpart B (Feb. 20, 2024)\nFederal Aviation Administration Notification Criteria\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\nPart 17 —Construction, Marking, and Lighting of Antenna Structures\n Authority: 47 U.S.C. 154, 301, 303, 309.\n\n\nSubpart B Federal Aviation Administration Notification Criteria\n § 17.7 Antenna structures requiring notification to the FAA.\n § 17.8 Establishment of antenna farm areas.\n § 17.9 Designated antenna farm areas.\n § 17.10 Antenna structures over 304.80 meters (1,000 feet) in height.\n §§ 17.14-17.17 [Reserved]\n\n\nSubpart B—Federal Aviation Administration Notification Criteria\n§ 17.7 Antenna structures requiring notification to the FAA.\nA notification to the FAA is required, except as set forth in paragraph (e) of this section, for any of the following\nconstruction or alteration:\n\n (a) Any construction or alteration of more than 60.96 meters (200 feet) in height above ground level at its site.\n\n (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of\n the following slopes:\n\n (1) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the\n nearest runway of each airport described in paragraph (d) of this section with its longest runway\n more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports.\n\n (2) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the\n nearest runway of each airport described in paragraph (d) of this section with its longest runway no\n more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports.\n\n (3) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest\n landing and takeoff area of each heliport described in paragraph (d) of this section.\n\n (c) When requested by the FAA, any construction or alteration that would be in an instrument approach area\n (defined in the FAA standards governing instrument approach procedures) and available information\n indicates it might exceed an obstruction standard of the FAA.\n\n (d) Any construction or alteration on any of the following airports and heliports:\n\n (1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart\n Supplement of the U.S. Government Flight Information Publications;\n\n (2) A military airport under construction, or an airport under construction that will be available for public\n use;\n\n47 CFR 17.7(d)(2) (enhanced display) page 1 of 3\n\f47 CFR Part 17 Subpart B (up to date as of 2/20/2024)\n 47 CFR 17.7(d)(3)\nFederal Aviation Administration Notification Criteria\n\n\n (3) An airport operated by a Federal agency or the United States Department of Defense.\n\n (4) An airport or heliport with at least one FAA-approved instrument approach procedure.\n\n (e) A notification to the FAA is not required for any of the following construction or alteration:\n\n (1) Any object that will be shielded by existing structures of a permanent and substantial nature or by\n natural terrain or topographic features of equal or greater height, and will be located in the congested\n area of a city, town, or settlement where the shielded structure will not adversely affect safety in air\n navigation;\n\n (2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or\n meteorological device meeting FAA-approved siting criteria or an appropriate military service siting\n criteria on military airports, the location and height of which are fixed by its functional purpose;\n\n (3) Any antenna structure of 6.10 meters (20 feet) or less in height, except one that would increase the\n height of another antenna structure.\n\n\n Note to § 17.7: Consideration to aeronautical facilities not in existence at the time of the filing of\n the application for radio facilities will be given only when proposed airport construction or\n improvement plans are on file with the Federal Aviation Administration as of the filing date of the\n application for such radio facilities.\n\n\n[39 FR 7581, Feb. 27, 1974, as amended at 39 FR 26157, July 17, 1974; 42 FR 54823, Oct. 11, 1977; 42 FR 57127, Nov. 1, 1977; 79\nFR 56986, Sept. 24, 2014]\n\n\n§ 17.8 Establishment of antenna farm areas.\n (a) Each antenna farm area will be established by an appropriate rulemaking proceeding, which may be\n commenced by the Commission on its own motion after consultation with the FAA, upon request of the\n FAA, or as a result of a petition filed by any interested person. After receipt of a petition from an interested\n person disclosing sufficient reasons to justify institution of a rulemaking proceeding, the Commission will\n request the advice of the FAA with respect to the considerations of menace to air navigation in terms of\n air safety which may be presented by the proposal. The written communication received from the FAA in\n response to the Commission's request shall be placed in the Commission's public rulemaking file\n containing the petition, and interested persons shall be allowed a period of 30 days within which to file\n statements with respect thereto. Such statements shall also be filed with the Administrator of the FAA\n with proof of such filing to be established in accordance with § 1.47 of this chapter. The Administrator of\n the FAA shall have a period of 15 days within which to file responses to such statements. If the\n Commission, upon consideration of the matters presented to it in accordance with the above procedure,\n is satisfied that establishment of the proposed antenna farm would constitute a menace to air navigation\n for reasons of air safety, rulemaking proceedings will not be instituted. If rulemaking proceedings are\n instituted, any person filing comments therein which concern the question of whether the proposed\n antenna farm will constitute a menace to air navigation shall file a copy of the comments with the\n Administrator of the FAA. Proof of such filing shall be established in accordance with § 1.47 of this\n chapter.\n\n\n\n\n47 CFR 17.8(a) (enhanced display) page 2 of 3\n\f47 CFR Part 17 Subpart B (up to date as of 2/20/2024)\n 47 CFR 17.8(b)\nFederal Aviation Administration Notification Criteria\n\n\n (b) Nothing in this subpart shall be construed to mean that only one antenna farm area will be designated for\n a community. The Commission will consider on a case-by-case basis whether or not more than one\n antenna farm area shall be designated for a particular community.\n\n[32 FR 8813, June 21, 1967, as amended at 32 FR 13591, Sept. 28, 1967]\n\n\n§ 17.9 Designated antenna farm areas.\nThe areas described in the following paragraphs of this section are established as antenna farm areas [appropriate\nparagraphs will be added as necessary].\n\n[32 FR 8813, June 21, 1967]\n\n\n§ 17.10 Antenna structures over 304.80 meters (1,000 feet) in height.\nWhere one or more antenna farm areas have been designated for a community or communities (see § 17.9), the\nCommission will not accept for filing an application to construct a new station or to increase height or change\nantenna location of an existing station proposing the erection of an antenna structure over 304.80 meters (1,000\nfeet) above ground unless:\n\n (a) It is proposed to locate the antenna structure in a designated antenna farm area, or\n\n (b) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will\n not constitute a menace to air navigation, or\n\n (c) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver.\n\n[32 FR 8813, June 21, 1967, as amended at 42 FR 54824, Oct. 11, 1977; 61 FR 4363, Feb. 6, 1996]\n\n\n§§ 17.14-17.17 [Reserved]\n\n\n\n\n47 CFR 17.14-17.17 (enhanced display) page 3 of 3\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":47,"cells":{"Content":{"kind":"string","value":"47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Part 24 (Feb. 20, 2024)\nPersonal Communications Services\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\n\n\n\n47 CFR Part 24 (Feb. 20, 2024) (enhanced display) page 1 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Part 24 (Feb. 20, 2024)\nPersonal Communications Services\n\n\nPart 24 Personal Communications Services\n Subpart A General Information\n § 24.1 Basis and purpose.\n § 24.2 Other applicable rule parts.\n § 24.3 Permissible communications.\n § 24.5 Terms and definitions.\n § 24.9 Operation of certificated signal boosters.\n Subpart B Applications and Licenses\n General Filing Requirements\n § 24.10 Scope.\n § 24.11 Initial authorization.\n § 24.12 Eligibility.\n § 24.15 License period.\n Subpart C Technical Standards\n § 24.50 Scope.\n § 24.51 Equipment authorization.\n § 24.52 RF exposure.\n § 24.53 Calculation of height above average terrain (HAAT).\n § 24.55 Antenna structures; air navigation safety.\n Subpart D Narrowband PCS\n § 24.100 Scope.\n § 24.101 [Reserved]\n § 24.102 Service areas.\n § 24.103 Construction requirements.\n § 24.104 Partitioning and disaggregation.\n § 24.129 Frequencies.\n § 24.130 [Reserved]\n § 24.131 Authorized bandwidth.\n § 24.132 Power and antenna height limits.\n § 24.133 Emission limits.\n § 24.134 Co-channel separation criteria.\n § 24.135 Frequency stability.\n Subpart E Broadband PCS\n § 24.200 Scope.\n § 24.202 Service areas.\n § 24.203 Construction requirements.\n § 24.229 Frequencies.\n § 24.232 Power and antenna height limits.\n § 24.235 Frequency stability.\n\n47 CFR Part 24 (Feb. 20, 2024) (enhanced display) page 2 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Part 24 (Feb. 20, 2024)\nPersonal Communications Services\n\n\n § 24.236 Field strength limits.\n § 24.237 Interference protection.\n § 24.238 Emission limitations for Broadband PCS equipment.\n Policies Governing Microwave Relocation From the 1850–1990 MHz Band\n § 24.239 Cost-sharing requirements for broadband PCS.\n § 24.241 Administration of the Cost-Sharing Plan.\n § 24.243 The cost-sharing formula.\n § 24.245 Reimbursement under the Cost-Sharing Plan.\n § 24.247 Triggering a reimbursement obligation.\n § 24.249 Payment issues.\n § 24.251 Dispute resolution under the Cost-Sharing Plan.\n § 24.253 Termination of cost-sharing obligations.\n Appendix I to Subpart E of Part 24\n A Procedure for Calculating PCS Signal Levels at Microwave\n Receivers (Appendix E of the Memorandum Opinion and Order)\n Subpart F Competitive Bidding Procedures for Narrowband PCS\n § 24.301 Narrowband PCS subject to competitive bidding.\n §§ 24.302-24.309 [Reserved]\n § 24.320 [Reserved]\n § 24.321 Designated entities.\n Subpart G Interim Application, Licensing and Processing Rules for Narrowband\n PCS\n § 24.403 Authorization required.\n § 24.404 Eligibility.\n §§ 24.405-24.414 [Reserved]\n § 24.415 Technical content of applications; maintenance of list of station locations.\n §§ 24.416-24.429 [Reserved]\n § 24.430 Opposition to applications.\n § 24.431 Mutually exclusive applications.\n §§ 24.432-24.444 [Reserved]\n Subpart H Competitive Bidding Procedures for Broadband PCS\n § 24.701 Broadband PCS subject to competitive bidding.\n §§ 24.702-24.708 [Reserved]\n § 24.709 Eligibility for licenses for frequency Blocks C or F.\n § 24.710 [Reserved]\n § 24.711 Installment payments for licenses for frequency Block C.\n § 24.712 Bidding credits for licenses won for frequency Block C.\n § 24.713 [Reserved]\n § 24.714 Partitioned licenses and disaggregated spectrum.\n47 CFR Part 24 (Feb. 20, 2024) (enhanced display) page 3 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Part 24 (Feb. 20, 2024)\nPersonal Communications Services\n\n\n § 24.716 Installment payments for licenses for frequency Block F.\n § 24.717 Bidding credits for licenses for frequency Block F.\n § 24.720 Definitions.\n Subpart I Interim Application, Licensing, and Processing Rules for Broadband\n PCS\n §§ 24.801-24.803 [Reserved]\n § 24.804 Eligibility.\n §§ 24.805-24.814 [Reserved]\n § 24.815 Technical content of applications; maintenance of list of station locations.\n §§ 24.816-24.829 [Reserved]\n § 24.830 Opposition to applications.\n § 24.831 Mutually exclusive applications.\n § 24.832 [Reserved]\n § 24.833 Post-auction divestitures.\n §§ 24.834-24.838 [Reserved]\n § 24.839 Transfer of control or assignment of license.\n §§ 24.840-24.844 [Reserved]\n\n\nPART 24—PERSONAL COMMUNICATIONS SERVICES\nAuthority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.\n\nSource: 58 FR 59183, Nov. 8, 1993, unless otherwise noted. Redesignated at 59 FR 18499, Apr. 19, 1994.\n\nSubpart A—General Information\n§ 24.1 Basis and purpose.\nThis section contains the statutory basis for this part of the rules and provides the purpose for which this part is\nissued.\n\n (a) Basis. The rules for the personal communications services (PCS) in this part are promulgated under the\n provisions of the Communications Act of 1934, as amended, that vests authority in the Federal\n Communications Commission to regulate radio transmission and to issue licenses for radio stations.\n\n (b) Purpose. This part states the conditions under which portions of the radio spectrum are made available\n and licensed for PCS.\n\n (c) Scope. The rules in this part apply only to stations authorized under this part. Rules in subparts D and E\n apply only to stations authorized under those subparts.\n\n[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 59 FR 32854, June 24, 1994]\n\n\n\n\n47 CFR 24.1(c) (enhanced display) page 4 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.2\nPersonal Communications Services\n\n\n§ 24.2 Other applicable rule parts.\nOther FCC rule parts applicable to licensees in the personal communications services include the following:\n\n (a) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this\n chapter also lists available Commission publications, standards and procedures for access to\n Commission records, and location of Commission Field Offices.\n\n (b) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory\n proceedings, procedures for reconsideration and review of the Commission's actions; provisions\n concerning violation notices and forfeiture proceedings; and the environmental requirements that,\n together with the procedures specified in § 17.4(c) of this chapter, if applicable, must be complied with\n prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications\n Services and the procedures for filing electronically via the ULS.\n\n (c) Part 2. This part contains the Table of Frequency Allocations and special requirements in international\n regulations, recommendations, agreements, and treaties. This part also contains standards and\n procedures concerning the marketing and importation of radio frequency devices, and for obtaining\n equipment authorization.\n\n (d) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum\n may be made available for experimentation.\n\n (e) Part 15. This part contains rules setting out the regulations under which an intentional, unintentional, or\n incidental radiator may be operated without an individual license. It also contains the technical\n specifications, administrative requirements and other conditions relating to the marketing of part 15\n devices. Unlicensed PCS devices operate under subpart D of part 15.\n\n (f) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and\n the environmental notification process that must be completed before filing certain antenna structure\n registration applications.\n\n (g) Part 20 of this chapter governs commercial mobile radio services.\n\n (h) Part 21. This part contains rules concerning multipoint distribution service and multichannel multipoint\n distribution service.\n\n (i) Part 68. This part contains technical standards for connection of terminal equipment to the telephone\n network.\n\n (j) Part 101. This part contains rules concerning common carrier and private services relating to fixed point-\n to-point and point-to-multipoint microwave systems.\n\n[58 FR 59183, Nov. 8, 1993. Redesignated and amended at 59 FR 18499, Apr. 19, 1994, as amended at 63 FR 68952, Dec. 14,\n1998; 65 FR 38325, June 20, 2000; 77 FR 3954, Jan. 26, 2012]\n\n\n§ 24.3 Permissible communications.\nPCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be\nprovided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is\nprohibited.\n\n[61 FR 45356, Aug. 29, 1996]\n\n47 CFR 24.3 (enhanced display) page 5 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.5\nPersonal Communications Services\n\n\n§ 24.5 Terms and definitions.\n Assigned Frequency. The center of the frequency band assigned to a station.\n\n Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is\n normally considered to be the necessary or occupied bandwidth, whichever is greater.\n\n Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site.\n\n Base Station. A land station in the land mobile service.\n\n Broadband PCS. PCS services operating in the 1850–1890 MHz, 1930–1970 MHz, 2130–2150 MHz, and\n 2180–2200 MHz bands.\n\n Effective Radiated Power (e.r.p.) (in a given direction). The product of the power supplied to the antenna and its\n gain relative to a half-wave dipole in a given direction.\n\n Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the\n antenna gain in a given direction relative to an isotropic antenna.\n\n Fixed Service. A radiocommunication service between specified fixed points.\n\n Fixed Station. A station in the fixed service.\n\n Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile\n stations.\n\n Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the\n geographic limits of a country or continent.\n\n Land Station. A station in the mobile service not intended to be used while in motion.\n\n Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations.\n\n Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified\n points.\n\n Narrowband PCS. PCS services operating in the 901–902 MHz, 930–931 MHz, and 940–941 MHz bands.\n\n National Geodetic Reference System (NGRS): The name given to all geodetic control data contained in the\n National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of\n Commerce)\n\n PCS Relocator. A PCS entity that pays to relocate a fixed microwave link from its existing 2 GHz facility to other\n media or other fixed channels.\n\n Personal Communications Services (PCS). Radio communications that encompass mobile and ancillary fixed\n communication that provide services to individuals and businesses and can be integrated with a variety of\n competing networks.\n\n Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application\n filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all\n applications and related documents by applicants and licensees in the Wireless Radio Services, and\n provides public access to licensing information.\n\n UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and Management, which\n coordinates relocation in the 1910–1930 MHz band.\n\n47 CFR 24.5 “UTAM” (enhanced display) page 6 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.5 “Voluntarily Relocating Microwave Incumbent”\nPersonal Communications Services\n\n\n Voluntarily Relocating Microwave Incumbent A microwave incumbent that voluntarily relocates its licensed\n facilities to other media or fixed channels.\n\n[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 61 FR 29691, June 12, 1996; 62 FR\n12757, Mar. 18, 1997; 63 FR 68952, Dec. 14, 1998]\n\n\n§ 24.9 Operation of certificated signal boosters.\nIndividuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under\nthis part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter.\nFailure to comply with all applicable rules voids the authority to operate a signal booster.\n\n[78 FR 21564, Apr. 11, 2013]\n\n\nSubpart B—Applications and Licenses\n\n GENERAL FILING REQUIREMENTS\n\n§ 24.10 Scope.\nThis subpart contains some of the procedures and requirements for filing applications for licenses in the personal\ncommunications services. One also should consult subparts F and G of this part. Other Commission rule parts of\nimportance that may be referred to with respect to licensing and operation of radio services governed under this\npart include 47 CFR parts 0, 1, 2, 5, 15, 17 and 20.\n\n[59 FR 32854, June 24, 1994]\n\n\n§ 24.11 Initial authorization.\n (a) An applicant must file a single application for an initial authorization for all markets won and frequency\n blocks desired.\n\n (b) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not\n required and will not be accepted.\n\n[59 FR 32854, June 24, 1994, as amended at 63 FR 68952, Dec. 14, 1998]\n\n\n§ 24.12 Eligibility.\nAny entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C.\n310, is eligible to hold a license under this part.\n\n[70 FR 61059, Oct. 20, 2005]\n\n\n§ 24.15 License period.\nLicenses for service areas will be granted for ten year terms from the date of original issuance or renewal.\n\nSubpart C—Technical Standards\n\n47 CFR 24.15 (enhanced display) page 7 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.50\nPersonal Communications Services\n\n\n§ 24.50 Scope.\nThis subpart sets forth the technical requirements for use of the spectrum and equipment in the personal\ncommunications services.\n\n§ 24.51 Equipment authorization.\n (a) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in §\n 2.803 of this chapter, must be of a type that has been authorized by the Commission under its\n certification procedure for use under this part.\n\n (b) Any manufacturer of radio transmitting equipment to be used in these services may request equipment\n authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment\n authorization for an individual transmitter may be requested by an applicant for a station authorization by\n following the procedures set forth in part 2 of this chapter.\n\n[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, as amended at 63 FR 36604, July 7, 1998; 85 FR 18150,\nApr. 1, 2020]\n\n\n§ 24.52 RF exposure.\nLicensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure\nrequirements in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment\nauthorization of mobile or portable devices operating under this section must contain a statement confirming\ncompliance with these requirements. Technical information showing the basis for this statement must be\nsubmitted to the Commission upon request.\n\n[85 FR 18150, Apr. 1, 2020]\n\n\n§ 24.53 Calculation of height above average terrain (HAAT).\n (a) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level.\n\n (b) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital\n Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data\n file shall be identified. If 30 arc second data is used, the elevation data must be processed for\n intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data\n is not available, elevation data from the Defense Mapping Agency's Digital Chart of the World (DCW) may\n be used.\n\n (c) Radial average terrain elevation is calculated as the average of the elevation along a straight line path\n from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for\n each radial shall be used in the computation.\n\n (d) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal\n radials).\n\n (e) The position location of the antenna site shall be determined to an accuracy of no less than ±5 meters in\n both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the\n National Geodetic Reference System.\n\n\n\n47 CFR 24.53(e) (enhanced display) page 8 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.55\nPersonal Communications Services\n\n\n[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]\n\n\n§ 24.55 Antenna structures; air navigation safety.\nLicensees that own their antenna structures must not allow these antenna structures to become a hazard to air\nnavigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if\nrequired by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in\nthe event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized\nto use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure\ncontinues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter.\n\n (a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part\n 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.\n\n (b) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by\n an antenna structure owner) may enter into contracts with other entities to monitor and carry out\n necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in\n the event of default by an antenna structure owner) that make such contractual arrangements continue to\n be responsible for the maintenance of antenna structures in regard to air navigation safety.\n\n[61 FR 4366, Feb. 6, 1996]\n\n\nSubpart D—Narrowband PCS\n§ 24.100 Scope.\nThis subpart sets out the regulations governing the licensing and operations of personal communications services\nauthorized in the 901–902, 930–931, and 940–941 MHz bands (900 MHz band).\n\n§ 24.101 [Reserved]\n§ 24.102 Service areas.\nNarrowband PCS service areas are nationwide, regional, and Major Trading Areas (MTAs), as defined in this section.\nMTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38–39\n(MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is\navailable on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu.\n\n (a) The nationwide service area consists of the fifty states, the District of Columbia, American Samoa, Guam,\n Northern Mariana Islands, Puerto Rico, and United States Virgin Islands.\n\n (b) The regional service areas are defined as follows:\n\n (1) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence,\n Buffalo-Rochester, New York, Philadelphia, and Pittsburgh.\n\n (2) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-\n Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort\n Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and,\n Puerto Rico and United States Virgin Islands.\n\n\n47 CFR 24.102(b)(2) (enhanced display) page 9 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.102(b)(3)\nPersonal Communications Services\n\n\n (3) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-\n Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-\n St. Paul, and Omaha.\n\n (4) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort\n Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New\n Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.\n\n (5) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego,\n Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and\n Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands.\n\n (c) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd\n Edition, at pages 38–39, with the following exceptions and additions:\n\n (1) Alaska is separated from the Seattle MTA and is licensed separately.\n\n (2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.\n\n (3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.\n\n (4) American Samoa is licensed as a single MTA-like area.\n\n[59 FR 14118, Mar. 25, 1994, as amended at 59 FR 46199, Sept. 7, 1994; 65 FR 35852, June 6, 2000; 85 FR 64407, Oct. 13, 2020]\n\n\n§ 24.103 Construction requirements.\n (a) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite\n area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial\n license grant date; and, shall construct base stations that provide coverage to a composite area of\n 1,500,000 square kilometers or serve 75 percent of the U.S. population within ten years of initial license\n grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided\n in paragraph (d) of this section.\n\n (b) Regional narrowband PCS licensees shall construct base stations that provide coverage to a composite\n area of 150,000 square kilometers or serve 37.5 percent of the population of the service area within five\n years of initial license grant date; and, shall construct base stations that provide coverage to a composite\n area of 300,000 square kilometers or serve 75 percent of the service area population within ten years of\n initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area\n as provided in paragraph (d) of this section.\n\n (c) MTA narrowband PCS licensees shall construct base stations that provide coverage to a composite area\n of 75,000 square kilometers or 25 percent of the geographic area, or serve 37.5 percent of the population\n of the service area within five years of initial license grant date; and, shall construct base stations that\n provide coverage to a composite area of 150,000 square kilometers or 50 percent of the geographic area,\n or serve 75 percent of the population of the service area within ten years of initial license grant date.\n Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph\n (d) of this section.\n\n (d) As an alternative to the requirements of paragraphs (a), (b), and (c) of this section, narrowband PCS\n licensees may demonstrate that, no later than ten years after the initial grant of their license, they provide\n substantial service to their licensed area. Licensees choosing this option must notify the FCC by filing\n FCC Form 601, no later than 15 days after the end of the five year period following the initial grant of their\n\n47 CFR 24.103(d) (enhanced display) page 10 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.103(e)\nPersonal Communications Services\n\n\n license, that they plan to satisfy the alternative requirement to provide substantial service. “Substantial\n service” is defined as service that is sound, favorable, and substantially above a level of mediocre service\n that would barely warrant renewal.\n\n (e) In demonstrating compliance with the construction requirements set forth in this section, licensees must\n base their calculations on signal field strengths that ensure reliable service for the technology utilized.\n Licensees may determine the population of geographic areas included within their service contours using\n either the 1990 census or the 2000 census, but not both.\n\n (1) For the purpose of this section, the service radius of a base station may be calculated using the\n following formula:\n\n dkm = 2.53 × hm0.34 × p0.17\n where dkm is the radial distance in kilometers,\n\n hm is the antenna HAAT of the base station in meters, and\n\n p is the e.r.p. of the base station in watts.\n\n (2) Alternatively, licensees may use any service radius contour formula developed or generally used by\n industry, provided that such formula is based on the technical characteristics of their system.\n\n (f) Upon meeting the five and ten year benchmarks in paragraphs (a), (b), and (c) of this section, or upon\n meeting the substantial service alternative in paragraph (d), licensees shall notify the Commission by\n filing FCC Form 601 and including a map and other supporting documentation that demonstrate the\n required geographic area coverage, population coverage, or substantial service to the licensed area. The\n notification must be filed with the Commission within 15 days of the expiration of the relevant period.\n\n (g) If the sale of a license is approved, the new licensee is held to the original build-out requirement.\n\n (h) Failure by a licensee to meet the above construction requirements shall result in forfeiture of the license\n and ineligibility to regain it.\n\n[59 FR 14118, Mar. 25, 1994, as amended at 65 FR 35852, June 6, 2000]\n\n\n§ 24.104 Partitioning and disaggregation.\nNationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or\ndisaggregate their authorized spectrum at any time following grant of their geographic area authorizations.\n\n (a) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial\n assignment of a license pursuant to § 1.948 of this chapter.\n\n (b) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to §\n 1.948 of this chapter and describe the partitioned service area on a schedule to the application. The\n partitioned service area shall be defined by up to 120 sets of geographic coordinates at points at every 3\n degrees azimuth from a point within the partitioned service area along the partitioned service area\n boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are\n followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the\n\n\n\n47 CFR 24.104(b) (enhanced display) page 11 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.104(c)\nPersonal Communications Services\n\n\n nearest second latitude and longitude, and must be based upon the 1983 North American Datum\n (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only\n list the specific area(s) through use of FCC designations or county names that constitute the partitioned\n area.\n\n (c) Disaggregation. Spectrum may be disaggregated in any amount.\n\n (d) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations\n that propose combinations of partitioning and disaggregation.\n\n (e) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the\n remainder of the original licensee's license term as provided for in § 1.955 of this chapter.\n\n[65 FR 35853, June 6, 2000, as amended at 82 FR 41547, Sept. 1, 2017]\n\n\nEffective Date Note: At 65 FR 35853, June 6, 2000, § 24.104 was added. This section contains information\ncollection and recordkeeping requirements and will not become effective until approval has been given by the Office\nof Management and Budget.\n\n\n§ 24.129 Frequencies.\nThe following frequencies are available for narrowband PCS:\n\n (a) Eighteen frequencies are available for assignment on a nationwide basis as follows:\n\n (1) Seven 50 kHz channels paired with 50 kHz channels:\n\n Channel 1: 940.00–940.05 and 901.00–901.05 MHz;\n\n Channel 2: 940.05–940.10 and 901.05–901.10 MHz;\n\n Channel 3: 940.10–940.15 and 901.10–901.15 MHz;\n\n Channel 4: 940.15–940.20 and 901.15–901.20 MHz;\n\n Channel 5: 940.20–940.25 and 901.20–901.25 MHz;\n\n Channel 19: 930.50–930.55 and 901.30–901.35 MHz; and\n\n Channel 20: 930.75–930.80 and 901.90–901.95 MHz.\n\n (2) Three 50 kHz channels paired with 12.5 kHz channels:\n\n Channel 6: 930.40–930.45 and 901.7500–901.7625 MHz;\n\n Channel 7: 930.45–930.50 and 901.7625–901.7750 MHz; and\n\n Channel 8: 940.75–940.80 and 901.7750–901.7875 MHz;\n\n (3) Two 50 kHz unpaired channels:\n47 CFR 24.129(a)(3) (enhanced display) page 12 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.129(a)(4)\nPersonal Communications Services\n\n\n Channel 9: RESERVED;\n\n Channel 10: 940.80–940.85 MHz; and\n\n Channel 11: 940.85–940.90 MHz.\n\n (4) One 100 kHz unpaired channel:\n\n Channel 18: 940.65–940.75 MHz.\n\n (5) Two 150 kHz channels paired with 50 kHz channels:\n\n Channel 21: 930.00–930.15 and 901.50–901.55 MHz; and\n\n Channel 22: 930.15–930.30 and 901.60–901.65 MHz.\n\n (6) Three 100 kHz channels paired with 50 kHz channels:\n\n Channel 23: 940.55–940.65 and 901.45–901.50 MHz;\n\n Channel 24: 940.30–940.40 and 901.55–901.60 MHz; and\n\n Channel 25: 940.45–940.55 and 901.85–901.90 MHz.\n\n (b) Five frequencies are available for assignment on a regional basis as follows:\n\n (1) One 50 kHz channel paired with 50 kHz channel:\n\n Channel 12: 940.25–940.30 and 901.25–901.30 MHz.\n\n Channel 13: RESERVED.\n\n (2) Four 50 kHz channels paired with 12.5 kHz channels:\n\n Channel 14: 930.55–930.60 and 901.7875–901.8000 MHz;\n\n Channel 15: 930.60–930.65 and 901.8000–901.8125 MHz;\n\n Channel 16: 930.65–930.70 and 901.8125–901.8250 MHz; and\n\n Channel 17: 930.70–930.75 and 901.8250–901.8375 MHz.\n\n (c) Seven frequencies are available for assignment on an MTA basis as follows:\n\n (1) Three 50 kHz unpaired channels:\n\n Channel 26: 901.35–901.40 MHz;\n\n Channel 27: 901.40–901.45 MHz; and\n\n Channel 28: 940.40–940.45 MHz.\n47 CFR 24.129(c)(1) (enhanced display) page 13 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.129(c)(2)\nPersonal Communications Services\n\n\n (2) One 50 kHz channel paired with 50 kHz channel:\n\n Channel 29: 930.80–930.85 and 901.95–902.00 MHz.\n\n (3) One 100 kHz channel paired with 50 kHz channel:\n\n Channel 30: 930.30–930.40 and 901.65–901.70 MHz.\n\n (4) One 150 kHz channel paired with 50 kHz channel:\n\n Channel 31: 930.85–931.00 and 901.7–901.75 MHz.\n\n (5) One 100 kHz channel paired with 12.5 kHz channel:\n\n Channel 32: 940.90–941 and 901.8375–901.85 MHz.\n\n\n Note to § 24.129: Operations in markets or portions of markets which border other countries, such\n as Canada and Mexico, will be subject to on-going coordination arrangements with neighboring\n countries.\n\n\n[66 FR 29920, June 4, 2001]\n\n\n§ 24.130 [Reserved]\n§ 24.131 Authorized bandwidth.\nThe authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz\nchannels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total\naggregated channel width is permitted.\n\n§ 24.132 Power and antenna height limits.\n (a) Stations transmitting in the 901–902 MHz band are limited to 7 watts e.r.p.\n\n (b) Mobile stations transmitting in the 930–931 MHz and 940–941 MHz bands are limited to 7 watts e.r.p.\n\n (c) Base stations transmitting in the 930–931 MHz and 940–941 MHz bands are limited to 3500 watts e.r.p.\n per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this\n section.\n\n (d)\n\n (1) MTA and regional base stations located between 200 kilometers (124 miles) and 80 kilometers (50\n miles) from their licensed service area border are limited to the power levels in the following table:\n\n Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT Effective radiated power (e.r.p.)\n calculation method) (watts)\n 183 (600) and below 3500\n 183 (600) to 208 (682) 3500 to 2584\n 208 (682) to 236 (775) 2584 to 1883\n\n47 CFR 24.132(d)(1) (enhanced display) page 14 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.132(d)(2)\nPersonal Communications Services\n\n\n Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT Effective radiated power (e.r.p.)\n calculation method) (watts)\n 236 (775) to 268 (880) 1883 to 1372\n 268 (880) to 305 (1000) 1372 to 1000\n 305 (1000) to 346 (1137) 1000 to 729\n 346 (1137) to 394 (1292) 729 to 531\n 394 (1292) to 447 (1468) 531 to 387\n 447 (1468) to 508 (1668) 387 to 282\n 508 (1668) to 578 (1895) 282 to 206\n 578 (1895) to 656 (2154) 206 to 150\n 656 (2154) to 746 (2447) 150 to 109\n 746 (2447) to 848 (2781) 109 to 80\n 848 (2781) to 963 (3160) 80 to 58\n 963 (3160) to 1094 (3590) 58 to 42\n 1094 (3590) to 1244 (4080) 42 to 31\n 1244 (4080) to 1413 (4636) 31 to 22\n Above 1413 (4636) 16\n\n\n (2) For heights between the values listed in the table, linear interpolation shall be used to determine\n maximum e.r.p.\n\n (e) MTA and regional base stations located less than 80 kilometers (50 miles) from the licensed service area\n border must limit their effective radiated power in accordance with the following formula:\n\n PW = 0.0175 × dkm* * 6.6666 × x hm* * − 3.1997\n PW is effective radiated power in watts\n\n dkm is distance in kilometers\n\n hm is antenna HAAT in meters; see § 24.53 for HAAT calculation method\n\n (f) All power levels specified in this section are expressed in terms of the maximum power, averaged over a\n 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent\n voltage with a resolution bandwidth equal to or greater than the authorized bandwidth.\n\n (g) Additionally, PCS stations will be subject to any power limits imposed by international agreements.\n\n[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994, as amended at 62 FR 27511, May 20, 1997; 65 FR 35853, June 6, 2000]\n\n\n§ 24.133 Emission limits.\n (a) The power of any emission shall be attenuated below the transmitter power (P), as measured in\n accordance with § 24.132(f), in accordance with the following schedule:\n\n (1) For transmitters authorized a bandwidth greater than 10 kHz:\n\n\n\n47 CFR 24.133(a)(1) (enhanced display) page 15 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.133(a)(1)(i)\nPersonal Communications Services\n\n\n (i) On any frequency outside the authorized bandwidth and removed from the edge of the\n authorized bandwidth by a displacement frequency (fd in kHz) of up to and including 40 kHz: at\n least 116 Log10 ((fd + 10)/6.1) decibels or 50 plus 10 Log10 (P) decibels or 70 decibels,\n whichever is the lesser attenuation;\n\n (ii) On any frequency outside the authorized bandwidth and removed from the edge of the\n authorized bandwidth by a displacement frequency (fd in kHz) of more than 40 kHz: at least 43\n + 10 Log10 (P) decibels or 80 decibels, whichever is the lesser attenuation.\n\n (2) For transmitters authorized a bandwidth of 10 kHz:\n\n (i) On any frequency outside the authorized bandwidth and removed from the edge of the\n authorized bandwidth by a displacement frequency (fd in kHz) of up to and including 20 kHz: at\n least 116 × Log10 ((fd + 5)/3.05) decibels or 50 + 10 × Log10 (P) decibels or 70 decibels,\n whichever is the lesser attenuation;\n\n (ii) On any frequency outside the authorized bandwidth and removed from the edge of the\n authorized bandwidth by a displacement frequency (fd in kHz) of more than 20 kHz: at least 43\n + 10 Log10 (P) decibels or 80 decibels, whichever is the lesser attenuation.\n\n (b) The measurements of emission power can be expressed in peak or average values provided they are\n expressed in the same parameters as the transmitter power.\n\n (c) When an emission outside of the authorized bandwidth causes harmful interference, the Commission\n may, at its discretion, require greater attenuation than specified in this section.\n\n (d) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when\n showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing\n compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.\n\n[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, as amended at 59 FR 14119, Mar. 25, 1994; 66 FR 10968,\nFeb. 21, 2001]\n\n\n§ 24.134 Co-channel separation criteria.\nThe minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70\nmiles). A co-channel separation distance is not required for the base stations of the same licensee or when the\naffected parties have agreed to other co-channel separation distances.\n\n§ 24.135 Frequency stability.\n (a) The frequency stability of the transmitter shall be maintained within ±0.0001 percent (±1 ppm) of the\n center frequency over a temperature variation of −30 °Celsius to + 50 °Celsius at normal supply voltage,\n and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage\n at a temperature of 20 °Celsius.\n\n (b) For battery operated equipment, the equipment tests shall be performed using a new battery without any\n further requirement to vary supply voltage.\n\n (c) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature\n range provided the transmitter ceases to function before it exceeds these frequency stability limits.\n\n\n\n47 CFR 24.135(c) (enhanced display) page 16 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.200\nPersonal Communications Services\n\n\nSubpart E—Broadband PCS\n\nSource: 59 FR 32854, June 24, 1994, unless otherwise noted.\n\n\n\n§ 24.200 Scope.\nThis subpart sets out the regulations governing the licensing and operations of personal communications services\nauthorized in the 1850–1910 and 1930–1990 MHz bands.\n\n§ 24.202 Service areas.\nBroadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in this\nsection. MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition,\nat pages 38–39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs\nand 487 BTAs. The BTA/MTA Map is available is available on the FCC's website at www.fcc.gov/auctions through\nthe “Maps” submenu.\n\n (a) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd\n Edition, at pages 38–39, with the following exceptions and additions:\n\n (1) Alaska is separated from the Seattle MTA and is licensed separately.\n\n (2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.\n\n (3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.\n\n (4) American Samoa is licensed as a single MTA-like area.\n\n (b) The BTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd\n Edition, at pages 38–39, with the following additions licensed separately as BTA-like areas: American\n Samoa; Guam; Northern Mariana Islands; Mayagüez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico;\n and the United States Virgin Islands. The Mayagüez/Aguadilla-Ponce BTA-like service area consists of the\n following municipios: Adjuntas, Aguada, Aguadilla, Añasco, Arroyo, Cabo Rojo, Coamo, Guánica, Guayama,\n Guayanilla, Hormigueros, Isabela, Jayuya, Juana Díaz, Lajas, Las Marías, Mayagüez, Maricao, Maunabo,\n Moca, Patillas, Peñuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San Germán, Santa Isabel,\n Villalba, and Yauco. The San Juan BTA-like service area consists of all other municipios in Puerto Rico.\n\n[59 FR 32854, June 24, 1994; 59 FR 40835, Aug. 10, 1994; 63 FR 68952, Dec. 14, 1998; 65 FR 53636, Sept. 5, 2000; 85 FR 64407,\nOct. 13, 2020]\n\n\n§ 24.203 Construction requirements.\n (a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at\n least one-third of the population in their licensed area within five years of being licensed and two-thirds of\n the population in their licensed area within ten years of being licensed. Licensees may, in the alternative,\n provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks.\n Licensees may choose to define population using the 1990 census or the 2000 census. Failure by any\n licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee\n will be ineligible to regain it.\n\n\n47 CFR 24.203(a) (enhanced display) page 17 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.203(b)\nPersonal Communications Services\n\n\n (b) Licensees of 10 MHz blocks except for the 1910–1915 MHz and 1990–1995 MHz, including 10 MHz C\n block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment\n Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97–82, Sixth\n Report and Order, FCC 00–313, and 15 MHz blocks resulting from the disaggregation option as provided\n in the Commission's Rules Regarding Installment Payment Financing for Personal Communications\n Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT\n Docket 97–82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the Second Report\n and Order, WT Docket 97–82, 13 FCC Rcd 8345 (1998), must serve with a signal level sufficient to provide\n adequate service to at least one-quarter of the population in their licensed area within five years of being\n licensed, or make a showing of substantial service in their licensed area within five years of being\n licensed. Population is defined as the 1990 population census. Licensees may elect to use the 2000\n population census to determine the five-year construction requirement. Failure by any licensee to meet\n these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it.\n\n (c) Licensees must file maps and other supporting documents showing compliance with the respective\n construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial\n licenses.\n\n (d) Licensees in the paired 1910–1915 MHz and 1990–1995 MHz bands must make a showing of\n “substantial service” in their license area within ten years of the date of initial license issuance or renewal.\n “Substantial service” is defined as service which is sound, favorable, and substantially above a level of\n mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this\n requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.\n\n[58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 FR 53636, Sept. 5, 2000; 69 FR 67835, Nov. 22, 2004;\n69 FR 75171, Dec. 15, 2004]\n\n\n§ 24.229 Frequencies.\nThe frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency\nallocations table of § 2.106 of this chapter.\n\n (a) The following frequency blocks are available for assignment on an MTA basis:\n\n Block A: 1850–1865 MHz paired with 1930–1945 MHz; and\n\n Block B: 1870–1885 MHz paired with 1950–1965 MHz.\n\n (b) The following frequency blocks are available for assignment on a BTA basis:\n\n Block C: 1895–1910 MHz paired with 1975–1990 MHz;\n\n Pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal\n Communications Services (PCS) Licensees, WT Docket No. 97–82, Sixth Report and Order, FCC 00–313, all 30\n MHz Block C licenses available for auction in Auction No. 35 or any subsequent auction will be reconfigured\n into three 10 MHz C block licenses as follows: 1895–1900 MHz paired with 1975–1980 MHz, 1900–1905 MHz\n paired with 1980–1985 MHz, 1905–1910 MHz paired with 1985–1990 MHz;\n\n Block D: 1865–1870 MHz paired with 1945–1950 MHz;\n\n\n47 CFR 24.229(b) (enhanced display) page 18 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.229(c)\nPersonal Communications Services\n\n\n Block E: 1885–1890 MHz paired with 1965–1970 MHz;\n\n Block F: 1890–1895 MHz paired with 1970–1975 MHz;\n\n (c) The paired frequency blocks 1910–1915 MHz and 1990–1995 MHz are available for assignment in the\n 175 Economic Areas defined in § 90.7 of this chapter. The 1910–1915 MHz block shall be used for\n mobile/portable station transmissions while the 1990–1995 MHz block shall be used for base station\n transmissions.\n\n[59 FR 32854, June 24, 1994, as amended at 60 FR 13917, Mar. 15, 1995; 60 FR 26375, May 17, 1995; 61 FR 33868, July 1, 1996;\n62 FR 660, Jan. 6, 1997; 65 FR 53637, Sept. 5, 2000; 69 FR 67836, Nov. 22, 2004]\n\n\n§ 24.232 Power and antenna height limits.\n (a)\n\n (1) Base stations with an emission bandwidth of 1 MHz or less are limited to 1640 watts equivalent\n isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as\n described in paragraph (b) below.\n\n (2) Base stations with an emission bandwidth greater than 1 MHz are limited to 1640 watts/MHz\n equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except\n as described in paragraph (b) below.\n\n (3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in\n power; see Tables 1 and 2 of this section.\n\n (4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237\n apply.\n\n\n Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters,\n With Emission Bandwidth of 1 MHz or Less\n\n HAAT in meters Maximum EIRP watts\n ≤300 1640\n ≤500 1070\n ≤1000 490\n ≤1500 270\n ≤2000 160\n\n\n Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters,\n With Emission Bandwidth Greater Than 1 MHz\n\n Maximum EIRP\n HAAT in meters\n watts/MHz\n ≤300 1640\n ≤500 1070\n\n47 CFR 24.232(a)(4) (enhanced display) page 19 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.232(b)\nPersonal Communications Services\n\n\n Maximum EIRP\n HAAT in meters\n watts/MHz\n ≤1000 490\n ≤1500 270\n ≤2000 160\n\n\n (b)\n\n (1) Base stations that are located in counties with population densities of 100 persons or fewer per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, with an emission bandwidth of 1 MHz or less are limited to 3280 watts equivalent\n isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT.\n\n (2) Base stations that are located in counties with population densities of 100 persons or fewer per\n square mile, based upon the most recently available population statistics from the Bureau of the\n Census, with an emission bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent\n isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT.\n\n (3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in\n power; see Tables 3 and 4 of this section.\n\n (4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237\n apply.\n\n (5) Operation under this paragraph (b) at power limits greater than permitted under paragraph (a) of this\n section must be coordinated in advance with all broadband PCS licensees authorized to operate on\n adjacent frequency blocks within 120 kilometers (75 miles) of the base station and is limited to base\n stations located more than 120 kilometers (75 miles) from the Canadian border and more than 75\n kilometers (45 miles) from the Mexican border.\n\n\n Table 3—Reduced Power for Base Station Antenna Heights Over 300 Meters,\n With Emission Bandwidth of 1 MHz or Less\n\n HAAT in meters Maximum EIRP watts\n ≤300 3280\n ≤500 2140\n ≤1000 980\n ≤1500 540\n ≤2000 320\n\n\n Table 4—Reduced Power for Base Station Antenna Heights Over 300 Meters,\n With Emission Bandwidth Greater Than 1 MHz\n\n Maximum EIRP\n HAAT in meters\n watts/MHz\n ≤300 3280\n ≤500 2140\n\n47 CFR 24.232(b)(5) (enhanced display) page 20 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.232(c)\nPersonal Communications Services\n\n\n Maximum EIRP\n HAAT in meters\n watts/MHz\n ≤1000 980\n ≤1500 540\n ≤2000 320\n\n\n (c) Mobile and portable stations are limited to 2 watts EIRP and the equipment must employ a means for\n limiting power to the minimum necessary for successful communications.\n\n (d) Power measurements for transmissions by stations authorized under this section may be made either in\n accordance with a Commission-approved average power technique or in compliance with paragraph (e)\n of this section. In both instances, equipment employed must be authorized in accordance with the\n provisions of § 24.51. In measuring transmissions in this band using an average power technique, the\n peak-to-average ratio (PAR) of the transmission may not exceed 13 dB.\n\n (e) Peak transmit power must be measured over any interval of continuous transmission using\n instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be\n properly adjusted for any instrument limitations, such as detector response times, limited resolution\n bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true\n peak measurement for the emission in question over the full bandwidth of the channel.\n\n\n Note to § 24.232: Height above average terrain (HAAT) is to be calculated using the method set\n forth in § 24.53 of this part.\n\n\n[73 FR 24183, May 2, 2008]\n\n\n§ 24.235 Frequency stability.\nThe frequency stability shall be sufficient to ensure that the fundamental emission stays within the authorized\nfrequency block.\n\n§ 24.236 Field strength limits.\nThe predicted or measured median field strength at any location on the border of the PCS service area shall not\nexceed 47 dBuV/m unless the parties agree to a higher field strength.\n\n§ 24.237 Interference protection.\n (a) All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel\n incumbent fixed microwave licensees in the 1850–1990 MHz band. Coordination must occur before\n initiating operations from any base station. Problems that arise during the coordination process are to be\n resolved by the parties to the coordination. Licensees are required to coordinate with all users possibly\n affected, as determined by appendix I to this subpart E (Appendix E of the Memorandum Opinion and\n Order, GEN Docket No. 90–314, FCC 94–144; TIA Telecommunications Systems Bulletin 10–F,\n “Interference Criteria for Microwave Systems,” May 1994, (TSB10–F)); or an alternative method agreed to\n by the parties.\n\n\n\n47 CFR 24.237(a) (enhanced display) page 21 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.237(b)\nPersonal Communications Services\n\n\n (b) The results of the coordination process need to be reported to the Commission only if the parties fail to\n agree. Because broadband PCS licensees are required to protect fixed microwave licensees in the\n 1850–1990 MHz band, the Commission will be involved in the coordination process only upon complaint\n of interference from a fixed microwave licensee. In such a case, the Commission will resolve the issues.\n\n (c) In all other respects, coordination procedures are to follow the requirements of § 101.103(d) of this\n chapter to the extent that these requirements are not inconsistent with those specified in this part.\n\n (d) The licensee must perform an engineering analysis to assure that the proposed facilities will not cause\n interference to existing OFS stations within the coordination distance specified in Table 3 of a magnitude\n greater than that specified in the criteria set forth in paragraphs (e) and (f) of this section, unless there is\n prior agreement with the affected OFS licensee. Interference calculations shall be based on the sum of\n the power received at the terminals of each microwave receiver from all of the applicant's current and\n proposed PCS operations.\n\n\n\n\n47 CFR 24.237(d) (enhanced display) page 22 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.237(d)\nPersonal Communications Services\n\n\n Table 3—Coordination Distances in Kilometers\n\n PCS Base Station Antenna HAAT in Meters\nEIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000\n0.1 90 93 99 110 122 131 139 146 152 173 210 239 263\n0.5 96 100 105 116 128 137 145 152 158 179 216 245 269\n1 99 103 108 119 131 140 148 155 161 182 219 248 272\n2 120 122 126 133 142 148 154 159 164 184 222 250 274\n5 154 157 161 168 177 183 189 194 198 213 241 263 282\n10 180 183 187 194 203 210 215 220 225 240 268 291 310\n20 206 209 213 221 229 236 242 247 251 267 296 318 337\n50 241 244 248 255 264 271 277 282 287 302 331 354 374\n100 267 270 274 282 291 297 303 308 313 329 358 382 401\n200 293 296 300 308 317 324 330 335 340 356 386 409 436\n500 328 331 335 343 352 359 365 370 375 391 421 440\n1000 354 357 361 369 378 385 391 397 402 418\n1200 361 364 368 376 385 392 398 404 409 425\n1640 372 375 379 388 397 404 410 416 421 437\n2400 384 387 391 399 408 415 423 427 431\n3280 396 399 403 412 419 427 435 439 446\n\n\n\n\n47 CFR 24.237(d) (enhanced display) page 23 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.237(e)\nPersonal Communications Services\n\n\n (e) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I\n criteria set forth in TIA Telecommunications Systems Bulletin 10–F, “Interference Criteria for Microwave\n Systems,” May 1994 (TSB10–F).\n\n (f) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the\n interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the\n microwave receiver for analog system, or such that the interfering signal will not cause an increase in the\n bit error rate (BER) from 10E–6 to 10E–5 for digital systems.\n\n (g) The development of the C/I ratios and interference criteria specified in paragraphs (e) and (f) of this\n section and the methods employed to compute the interfering power at the microwave receivers shall\n follow generally acceptable good engineering practices. The procedures described for computing\n interfering signal levels in (appendix I to this subpart E Appendix E of the Memorandum Opinion and\n Order, GEN Docket No. 90–314, FCC 94–144) shall be applied. Alternatively, procedures for determining\n interfering signal levels and other criteria as may be developed by the Electronics Industries Association\n (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards\n Institute (ANSI) or any other recognized authority will be acceptable to the Commission.\n\n[59 FR 32854, June 24, 1994, as amended at 61 FR 29691, June 21, 1996; 69 FR 75171, Dec. 15, 2004]\n\n\n§ 24.238 Emission limitations for Broadband PCS equipment.\nThe rules in this section govern the spectral characteristics of emissions in the Broadband Personal\nCommunications Service.\n\n (a) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges\n must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB.\n\n (b) Measurement procedure. Compliance with these rules is based on the use of measurement\n instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands\n immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of\n the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower\n resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured\n power is integrated over the full required measurement bandwidth (i.e. 1 MHz or 1 percent of emission\n bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two\n points, one below the carrier center frequency and one above the carrier center frequency, outside of\n which all emissions are attenuated at least 26 dB below the transmitter power.\n\n (c) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band\n emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth\n in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In\n this event, each party to such contract shall maintain a copy of the contract in their station files and\n disclose it to prospective assignees or transferees and, upon request, to the FCC.\n\n (d) Interference caused by out of band emissions. If any emission from a transmitter operating in this service\n results in interference to users of another radio service, the FCC may require a greater attenuation of that\n emission than specified in this section.\n\n[67 FR 77192, Dec. 17, 2002]\n\n\n\n47 CFR 24.238(d) (enhanced display) page 24 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.239\nPersonal Communications Services\n\n\n POLICIES GOVERNING MICROWAVE RELOCATION FROM THE 1850–1990 MHZ BAND\n\n§ 24.239 Cost-sharing requirements for broadband PCS.\nFrequencies in the 1850–1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS.\nIn accordance with procedures specified in §§ 101.69 through 101.81 of this chapter, PCS entities (both licensed\nand unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if\ninterference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by\nother PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS\nentities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other\nthan those specified in § 24.243. However, PCS entities are required to reimburse other PCS entities or voluntarily\nrelocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In\naddition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as\ndiscussed in § 24.241) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect\nduring all phases of microwave relocation specified in § 101.69 of this chapter. If a licensee in the Broadband PCS\nService enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter) and the\nspectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-\nsharing obligations under §§ 24.239 through 24.253.\n\n[62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004]\n\n\n§ 24.241 Administration of the Cost-Sharing Plan.\nThe Wireless Telecommunications Bureau, under delegated authority, will select an entity to operate as a neutral,\nnot-for-profit clearinghouse. This clearinghouse will administer the cost-sharing plan by, inter alia, maintaining all of\nthe cost and payment records related to the relocation of each link and determining the cost-sharing obligation of\nsubsequent PCS entities. The cost-sharing rules will not take effect until an administrator is selected.\n\n[61 FR 29691, June 12, 1996]\n\n\n§ 24.243 The cost-sharing formula.\nA PCS relocator who relocates an interfering microwave link, i.e. one that is in all or part of its market area and in all\nor part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement\nbased on the following formula:\n\n\n\n\n (a) RN equals the amount of reimbursement.\n\n (b) C equals the actual cost of relocating the link. Actual relocation costs include, but are not limited to, such\n items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems);\n towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering\n costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works;\n zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment;\n project management; prior coordination notification under § 101.103(d) of this chapter; site lease\n renegotiation; required antenna upgrades for interference control; power plant upgrade (if required);\n\n47 CFR 24.243(b) (enhanced display) page 25 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.243(c)\nPersonal Communications Services\n\n\n electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate\n transport equipment; and leased facilities. C also includes voluntarily relocating microwave incumbent's\n independent third party appraisal of its compensable relocation costs and incumbent transaction\n expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs\n involved. C may not exceed $250,000 per link, with an additional $150,000 permitted if a new or modified\n tower is required.\n\n (c) N equals the number of PCS entities that would have interfered with the link. For the PCS relocator, N = 1.\n For the next PCS entity that would have interfered with the link, N = 2, and so on. In the case of a\n voluntarily relocating microwave incumbent, N = 1 for the first PCS entity that would have interfered with\n the link. For the next PCS entity that would have interfered with the link, N = 2, and so on.\n\n (d) Tm equals the number of months that have elapsed between the month the PCS relocator or voluntarily\n relocating microwave incumbent obtains reimbursement rights for the link and the month that the\n clearinghouse notifies a later-entrant of its reimbursement obligation for the link. A PCS relocator obtains\n reimbursement rights for the link on the date that it signs a relocation agreement with a microwave\n incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the\n date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the\n use of the link, pursuant to § 101.305 of the Commission's rules.\n\n[62 FR 12757, Mar. 18, 1997, as amended at 65 FR 46113, July 27, 2000]\n\n\n§ 24.245 Reimbursement under the Cost-Sharing Plan.\n (a) Registration of reimbursement rights.\n\n (1) To obtain reimbursement, a PCS relocator must submit documentation of the relocation agreement\n to the clearinghouse within ten business days of the date a relocation agreement is signed with an\n incumbent.\n\n (2) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation\n of the relocation of the link to the clearinghouse within ten business days of the date that the\n incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the\n link, pursuant to § 101.305 of the Commission's rules.\n\n (b) Documentation of expenses. Once relocation occurs, the PCS relocator or the voluntarily relocating\n microwave incumbent, must submit documentation itemizing the amount spent for items listed in §\n 24.243(b). The voluntarily relocating microwave incumbent, must also submit an independent third party\n appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of\n replacing the incumbent's system with comparable facilities and should exclude the cost of any\n equipment upgrades or items outside the scope of § 24.243(b). The PCS relocator or the voluntarily\n relocating microwave incumbent, must identify the particular link associated with appropriate expenses\n (i.e., costs may not be averaged over numerous links). If a PCS relocator pays a microwave incumbent a\n monetary sum to relocate its own facilities, the PCS relocator must estimate the costs associated with\n relocating the incumbent by itemizing the anticipated cost for items listed in § 24.243(b). If the sum paid\n to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. A PCS\n relocator may submit receipts or other documentation to the clearinghouse for all relocation expenses\n incurred since April 5, 1995.\n\n\n\n\n47 CFR 24.245(b) (enhanced display) page 26 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.245(c)\nPersonal Communications Services\n\n\n (c) Full reimbursement. A PCS relocator who relocates a microwave link that is either fully outside its market\n area or its licensed frequency band may seek full reimbursement through the clearinghouse of\n compensable costs, up to the reimbursement cap as defined in § 24.243(b). Such reimbursement will not\n be subject to depreciation under the cost-sharing formula.\n\n[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 65 FR 46113, July 27, 2000]\n\n\n§ 24.247 Triggering a reimbursement obligation.\n (a) Licensed PCS. The clearinghouse will apply the following test to determine if a PCS entity preparing to\n initiate operations must pay a PCS relocator or a voluntarily relocating microwave incumbent in\n accordance with the formula detailed in § 24.243:\n\n (1) All or part of the relocated microwave link was initially co-channel with the licensed PCS band(s) of\n the subsequent PCS entity;\n\n (2) A PCS relocator has paid the relocation costs of the microwave incumbent; and\n\n (3) The subsequent PCS entity is preparing to turn on a fixed base station at commercial power and the\n fixed base station is located within a rectangle (Proximity Threshold) described as follows:\n\n (i) The length of the rectangle shall be x where x is a line extending through both nodes of the\n microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the\n rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24\n kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows:\n\n\n\n\n (ii) If the application of the Proximity Threshold test indicates that a reimbursement obligation\n exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-\n sharing formula and notify the subsequent PCS entity of the total amount of its reimbursement\n obligation.\n\n (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered either:\n\n47 CFR 24.247(b) (enhanced display) page 27 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.247(b)(1)\nPersonal Communications Services\n\n\n (1) When a county is cleared of microwave links in the unlicensed allocation, and UTAM invokes a Zone\n 1 power cap as a result of third party relocation activities; or\n\n (2) A county is cleared of microwave links in the unlicensed allocation and UTAM reclassifies a Zone 2\n county to Zone 1 status.\n\n (c) Any new entrants granted licenses for the 1910–1915 MHz band must reimburse UTAM a pro rata share\n of its total expenses incurred by UTAM as of the date that the new entrants gain access to the band. The\n percent required by new entrants to pay shall be calculated based upon the amount of spectrum granted\n to the new entrant as compared to the total amount of spectrum UTAM is responsible for clearing of\n incumbents (20 megahertz), and must be paid before a new entrant begins operations in the band. For\n example, if a new entrant obtains a license for 5 megahertz of spectrum in this band, it is required to\n reimburse UTAM one-quarter of UTAM's total costs to date on a pro rata shared basis. New entrants will\n be responsible for the actual costs associated with future relocation activities in their licensed spectrum,\n but will be entitled to seek reimbursement from UTAM for the proportion of those band clearing costs that\n benefit users of the 1915–1930 MHz band.\n\n[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 69 FR 67836, Nov. 22, 2004]\n\n\n§ 24.249 Payment issues.\n (a) Timing. On the day that a PCS entity files its prior coordination notice (PCN) in accordance with §\n 101.103(d) of this chapter, it must file a copy of the PCN with the clearinghouse. The clearinghouse will\n determine if any reimbursement obligation exists and notify the PCS entity in writing of its repayment\n obligation, if any. When the PCS entity receives a written copy of such obligation, it must pay directly to\n the PCS relocator or the voluntarily relocating microwave incumbent the amount owed within thirty days,\n with the exception of those businesses that qualify for installment payments. A business that qualifies for\n an installment payment plan must make its first installment payment within thirty days of notice from the\n clearinghouse. UTAM's first payment will be due thirty days after its reimbursement obligation is triggered,\n as described in § 24.247(b).\n\n (b) Eligibility for Installment Payments. PCS licensees that are allowed to pay for their licenses in installments\n under our designated entity rules will have identical payment options available to them with respect to\n payments under the cost-sharing plan. The specific terms of the installment payment mechanism,\n including the treatment of principal and interest, are the same as those applicable to the licensee's\n installment auction payments. If, for any reason, the entity eligible for installment payments is no longer\n eligible for such installment payments on its license, that entity is no longer eligible for installment\n payments under the cost-sharing plan. UTAM may make quarterly payments over a five-year period with\n an interest rate of prime plus 2.5 percent. UTAM may also negotiate separate repayment arrangements\n with other parties.\n\n[61 FR 29693, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]\n\n\n§ 24.251 Dispute resolution under the Cost-Sharing Plan.\nDisputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be\nbrought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by\nthe clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation,\nor other ADR techniques.\n\n\n47 CFR 24.251 (enhanced display) page 28 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.253\nPersonal Communications Services\n\n\n[61 FR 29693, June 12, 1996]\n\n\n§ 24.253 Termination of cost-sharing obligations.\nThe cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary\nnegotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of\nrelocation costs on an installment basis must continue the payments until the obligation is satisfied.\n\n[61 FR 29693, June 12, 1996]\n\n\nAppendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave\nReceivers (Appendix E of the Memorandum Opinion and Order)\nThe new Rules adopted in Part 24 stipulate that estimates of interference to fixed microwave operations from a PCS\noperation will be based on the sum of signals received at a microwave receiver from the PCS operation. This\nappendix describes a procedure for computing this PCS level.\n\nIn general, the procedure involves four steps:\n\n 1. Determine the geographical coordinates of all microwave receivers operating on co-channel and adjacent\n frequencies within the coordination distance of each base station and the characteristics of each receiver,\n i.e., adjacent channel susceptibility, antenna gain, pattern and height, and line and other losses.\n\n 2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station and equivalent e.i.r.p.\n values for the mobiles and portables associated with each base station. Determine the values of pertinent\n correction and weighting factors based on building heights and density and distribution of portables.\n Close-in situations, prominent hills, and extra tall buildings require special treatment.\n\n 3. Based on PCS e.i.r.p. values, correction and weighting factors, and microwave receiving system\n characteristics determined above, calculate the total interference power at the input of each microwave\n receiver, using the Longley-Rice propagation model.\n\n 4. Based on the interference power level computed in step 3, determine interference to each microwave\n receiver using criteria described in Part 24 and EIA/TIA Bulletin 10–F.\n\n The interference from each base station and the mobiles and portables associated with it is calculated as\n follows:\n\n Prbi = 10Log (ptbi)−Lbi−UCi + Gmwi−Ci−BPi\n\n Prmi = 10Log (nmi × ptmi)−Lmi−UCi + Gmwi−Ci\n\n Prpsi = 10Log (npsi × ptpsi)−Lpsi−UCi + Gmwi−Ci\n\n Prpbi = 10Log (npbi × ptpbi)−Lpbi−UCi−(BPi−BHi) + Gmwi−Ci\n\n Prpri = 10Log (npri × ptpri)−Lpri−(UCi−BHi) + Gmwi−Ci\n\n where:\n\n P refers to Power in dBm\n47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. (enhanced display) page 29 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Appendix-I-to-Subpart-E-of-Part-24 4.\nPersonal Communications Services\n\n\n p refers to power in milliwatts\n\n Prbi = Power at MW receiver from ith base station in dBm\n\n ptbi = e.i.r.p. transmitted from ith base station in milliwatts, which equals average power per channel ×\n number of channels × antenna gain with respect to an isotropic antenna − line loss\n\n Lbi = Path loss between MW and base station site in dB\n\n UCi = Urban correction factor in dB\n\n Gmwi = Gain of MW antenna in pertinent direction (dBi)\n\n Ci = Channel discrimination of MW system in dB\n\n Prmi = Power at MW receiver from mobiles associated with ith base station\n\n ptmi = e.i.r.p. transmitted from mobiles associated with ith base station\n\n nmi = Number of mobiles associated with ith base station\n\n Lmi = Path loss between MW and mobile transmitters in dB\n\n Prpsi = Power at MW receiver from outdoor portables (s for sidewalk)\n\n ptpsi = e.i.r.p. transmitted from outdoor portables associated with ith base station\n\n npsi = Number of outdoor portables associated with ith base station\n\n Lpsi = Path loss between MW and outdoor portables in dB\n\n Prpbi = Power at MW receiver from indoor portables (b for building)\n\n ptpbi = e.i.r.p. transmitted from indoor portables associated with ith base station\n\n npbi = number of indoor portables associated with ith base station\n\n Lpbi = Path loss in dB between MW and base station site (using average building height divided by 2 as\n effective antenna height)\n\n Prpri = Power at MW receiver from rooftop portables (r for rooftop)\n\n ptpri = e.i.r.p. transmitted from rooftop portables associated with ith base station\n\n npri = Number of rooftop portables associated with ith base station\n\n\n\n47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. (enhanced display) page 30 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024) 47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. “Base\nPersonal Communications Services Stations”\n\n\n Lpri = Path loss in dB between MW and base station site (using average building height as effective\n antenna height)\n\n BPi = Building penetration loss at street level in dB\n\n BHi = Height gain for portables in buildings dB = 2.5 × (nf–1), where nf is number of floors\n\n Note: Where Ci varies from channel-to-channel, which often is the case, the summation process is\n more complex, requiring summation at a channel level first.\n\n Finally, the total PCS interference power at a given microwave receiver from all the base stations in a\n given frequency band is found by summing the contributions from the individual stations. Likewise, the\n total interference power at a given microwave receiver from all mobiles and portables operating in a given\n frequency band is found by summing the contributions from the mobiles and portables associated with\n each cell.\n\n\n\n\n Base Stations. Interference from each base station to each microwave should normally be considered\n independently. A group of base stations having more or less (within ±50 percent) the same height\n above average terrain, the same e.i.r.p., basically the same path to a microwave receiving site, and\n subtending an angle to that receiving site of less than 5 degrees, may be treated as a group, using\n the total power of the group and the average antenna height of the group to calculate path loss, L.\n\n Mobile Stations. The e.i.r.p. from mobile transmitters is weighted according to the number of base station\n channels expected to be devoted to mobile operation at any given time. The antenna height of\n mobiles used in calculating path loss, L, is assumed to be 2 meters.\n\n Portable Stations. The e.i.r.p. from the portable units associated with each base station is weighted\n according to the estimated portion of portables associated with that cell expected to be operated\n inside buildings at any given time and the portion which could be expected to be operating from\n elevated locations, such as balconies or building rooftops. For example, in the case of service\n intended for business use in an urban area, one might expect that perhaps 85 percent of the\n portables in use at any given time would be operating from within buildings and perhaps 5 percent\n might be operating from rooftops or balconies. The remaining 10 percent would be outside at street\n level.\n\n Calculation of an equivalent e.i.r.p. for cells in suburban areas will involve different weighting criteria.\n\n Urban Correction Factor. The urban correction factor (UC) depends on the height and density of buildings\n surrounding a base station. For the core area of large cities, it is assumed to be 35 dB. For medium\n size cities and fringe areas of large cities (4- to 6-story buildings with scattered taller buildings and\n\n\n47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. “Urban Correction Factor” (enhanced display) page 31 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024) 47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. “Building\nPersonal Communications Services Height and Building Penetration Factors”\n\n\n lower buildings and open spaces) it is assumed to be 25 dB; for small cities and towns, 15 dB, and\n for suburban residential areas (one- and two-story, single family houses with scattered multiple-story\n apartment buildings, shopping centers and open areas), 10 dB.\n\n The unadjusted urban correction factor, UC, should not be applied to base station antenna heights\n that are greater than 50 percent of the average building height for a cell.\n\n Building Height and Building Penetration Factors. The building height correction, BH, is a function of the\n average building height within the nominal coverage area of the base station. It is used in\n conjunction with the building penetration loss, BP, to adjust the expected interference contribution\n from that portion of the portables transmitting from within buildings. The adjustment is given by:\n\n BP = 20 dB in urban areas\n\n BP = 10 dB in suburban areas\n\n BH = 2.5 × (nf–1) dB\n\n where nf is the average height (number of floors) of the buildings in the area.\n\n (Note that this formula implies a net gain when the average building height is greater than 8 floors).\n All buildings more than twice the average height should be considered individually. The contribution\n to BH from that portion of portables in the building above the average building height should be\n increased by a factor of 20Log(h) dB, where h is the height of the portables above the average\n building height in meters.\n\n Channel Discrimination Factor. A factor based on the interference selectivity of the microwave receiver.\n\n Propagation Model. The PCS to microwave path loss, L, is calculated using the Longley-Rice propagation\n model, Version 1.2.2., in the point-to-point mode. The Longley-Rice [1] model was derived from NBS\n Technical Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 incorporated modifications\n described in a letter by Hufford [4] in 1985. Terrain elevations used as input to the model should be\n from the U.S. Geological Survey 3-second digitized terrain database.\n\n Special Situations. If a cell size is large compared to the distance between the cell and a microwave\n receiving site so that it subtends an angle greater than 5 degrees, the cell should be subdivided and\n calculations should be based on the expected distribution of mobiles and portables within each\n subdivision.\n\n If terrain elevations within a cell differ by more than a factor of two-to-one, the cell should be\n subdivided and microwave interference calculations should be based on the average terrain\n elevation for each subdivision.\n\n If a co-channel PCS base station lies within the main beam of a microwave antenna (±5 degrees),\n there is no intervening terrain obstructions, and the power at the microwave receiver from that base\n station, assuming free space propagation, would be 3 dB or less below the interference threshold,\n interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific\n path loss calculations based on terrain and building losses.\n\n\n\n\n47 CFR Appendix-I-to-Subpart-E-of-Part-24 4. “Special Situations” (enhanced display) page 32 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR Appendix-I-to-Subpart-E-of-Part-24 1.\nPersonal Communications Services\n\n\n If any part of a cell or cell subdivision lies within the main beam of a co-channel microwave antenna,\n there is no intervening terrain obstructions, and the accumulative power of 5 percent or less of the\n mobiles, assuming free space propagation would be 3 dB or less below the interference threshold,\n interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific\n path loss calculations based on terrain and building losses.\n\n If a building within a cell or cell subdivision lies within the main beam of a co-channel microwave\n antenna, there is no intervening terrain obstructions, and the cumulative power of 5 percent or fewer\n of the portables, assuming free space propagation, would be 3 dB or less below the interference\n threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise\n by specific path loss calculations based on terrain and building losses.\n\n\nReferences:\n 1. Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio Transmission Loss Over Irregular Terrain, A\n Computer Method-1968”, ESSA Technical Report ERL 79–ITS 67, Institute for Telecommunications\n Sciences, July 1968.\n\n 2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss Predictions for Tropospheric\n Communications Circuits,” NBS Technical Note 101 (Revised), Volumes I and II, U.S. Department of\n Commerce, 1967.\n\n 3. Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of the ITS Irregular Terrain Model in the\n Area Prediction Mode”, NTIA Report 82–100, U.S. Department of Commerce, April 1982. Also, Circular\n letter, dated January 30, 1985, from G.A. Hufford, identifying modifications to the computer program.\n\n 4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model, Institute for Telecommunications\n Sciences, U.S. Department of Commerce, January 30, 1985.\n\nSubpart F—Competitive Bidding Procedures for Narrowband PCS\n\nSource: 59 FR 26747, May 24, 1994, unless otherwise noted.\n\n\n\n§ 24.301 Narrowband PCS subject to competitive bidding.\nMutually exclusive initial applications for narrowband PCS service licenses are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise\nprovided in this subpart.\n\n[67 FR 45367, July 9, 2002]\n\n\n§§ 24.302-24.309 [Reserved]\n§ 24.320 [Reserved]\n§ 24.321 Designated entities.\n (a) Eligibility for small business provisions.\n\n\n\n\n47 CFR 24.321(a) (enhanced display) page 33 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.321(a)(1)\nPersonal Communications Services\n\n\n (1) A small business is an entity that, together with its controlling interests and affiliates, has average\n gross revenues not exceeding $ 40 million for the preceding three years.\n\n (2) A very small business is an entity that, together with its controlling interests and affiliates, has\n average gross revenues not exceeding $ 15 million for the preceding three years.\n\n (b) Bidding credits. After August 7, 2000, a winning bidder that qualifies as a small business, as defined in this\n section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of\n this chapter. A winning bidder that qualifies as a very small business, as defined in this section, or a\n consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this\n chapter.\n\n (c) Installment payments. Small businesses that are winning bidders on any regional license prior to August 7,\n 2000 will be eligible to pay the full amount of their winning bids in installments over the term of the\n license pursuant to the terms set forth in § 1.2110(g) of this chapter.\n\n[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]\n\n\nSubpart G—Interim Application, Licensing and Processing Rules for Narrowband PCS\n\nSource: 59 FR 26749, May 24, 1994, unless otherwise noted.\n\n\n\n§ 24.403 Authorization required.\nNo person shall use or operate any device for the transmission of energy or communications by radio in the\nservices authorized by this part except as provided in this part.\n\n§ 24.404 Eligibility.\n (a) General. Authorizations will be granted upon proper application if:\n\n (1) The applicant is qualified under the applicable laws and the regulations, policies and decisions\n issued under the laws, including § 24.12;\n\n (2) There are frequencies available to provide satisfactory service; and\n\n (3) The public interest, convenience or necessity would be served by a grant.\n\n (b) Alien ownership. A narrowband PCS authorization to provide Commercial Mobile Radio Service may not\n be granted to or held by:\n\n (1) Any alien or the representative of any alien.\n\n (2) Any corporation organized under the laws of any foreign government.\n\n (3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by\n aliens or their representatives or by a foreign government or representative thereof or any\n corporation organized under the laws of a foreign country.\n\n (4) Any corporation directly or indirectly controlled by any other corporation of which more than one-\n fourth of the capital stock is owned or voted by aliens, their representatives, or by a foreign\n government or representative thereof, or by any corporation organized under the laws of a foreign\n\n\n47 CFR 24.404(b)(4) (enhanced display) page 34 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.405-24.414\nPersonal Communications Services\n\n\n country, if the Commission finds that the public interest will be served by the refusal or revocation of\n such license. A Narrowband PCS authorization to provide Private Mobile Radio Service may not be\n granted to or held by a foreign government or a representative thereof.\n\n[59 FR 26749, May 24, 1994, as amended at 61 FR 55581, Oct. 28, 1996; 65 FR 35855, June 6, 2000]\n\n\n§§ 24.405-24.414 [Reserved]\n§ 24.415 Technical content of applications; maintenance of list of station locations.\n (a) All applications required by this part shall contain all technical information required by the application\n forms or associated public notice(s). Applications other than initial applications for a narrowband PCS\n license must also comply with all technical requirements of the rules governing the narrowband PCS (see\n subparts C and D as appropriate). The following paragraphs describe a number of general technical\n requirements.\n\n (b) Each application (except applications for initial licenses filed on Form 175) for a radio station\n authorization for narrowband PCS must comply with the provisions of §§ 24.129 through 24.135.\n\n (c)–(i) [Reserved]\n\n (j) The location of the transmitting antenna shall be considered to be the station location. Narrowband PCS\n licensees must maintain a current list of all station locations, which must describe the transmitting\n antenna site by its geographical coordinates and also by conventional reference to street number,\n landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and\n seconds to the nearest second of latitude and longitude.\n\n[59 FR 26749, May 24, 1994; 59 FR 43898, Aug. 25, 1994]\n\n\n§§ 24.416-24.429 [Reserved]\n§ 24.430 Opposition to applications.\n (a) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission\n consideration must comply with § 1.2108 of this chapter and must:\n\n (1) Identify the application or applications (including applicant's name, station location, Commission file\n numbers and radio service involved) with which it is concerned;\n\n (2) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of\n §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter;\n\n (3) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall\n be supported by affidavit of a person or persons with personal knowledge thereof, and which shall\n be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant\n of, or other Commission action regarding, the application would be prima facie inconsistent with the\n public interest; and\n\n (4) Contain a certificate of service showing that it has been mailed to the applicant no later than the date\n of filing thereof with the Commission.\n\n\n\n\n47 CFR 24.430(a)(4) (enhanced display) page 35 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.430(b)\nPersonal Communications Services\n\n\n (b) A petition to deny a major amendment to a previously filed application may only raise matters directly\n related to the amendment which could not have been raised in connection with the underlying, previously\n filed application. This does not apply to petitioners who gain standing because of the major amendment.\n\n (c) Parties who file frivolous petitions to deny may be subject to sanctions including monetary forfeitures,\n license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions.\n\n[59 FR 44072, Aug. 26, 1994, as amended at 65 FR 35855, June 6, 2000]\n\n\n§ 24.431 Mutually exclusive applications.\n (a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the\n grant of one application would effectively preclude by reason of harmful electrical interference, or other\n practical reason, the grant of one or more of the other applications. The Commission will presume\n “harmful electrical interference” to mean interference which would result in a material impairment to\n service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve\n reasonable technical adjustments which would avoid electrical conflict.\n\n (b) Mutually exclusive applications filed on Form 175 for the initial provision of narrowband PCS service are\n subject to competitive bidding in accordance with the procedures in subpart F of this part and in 47 CFR\n part 1, subpart Q.\n\n (c) An application will be entitled to comparative consideration with one or more conflicting applications only\n if the Commission determines that such comparative consideration will serve the public interest.\n\n§§ 24.432-24.444 [Reserved]\n\nSubpart H—Competitive Bidding Procedures for Broadband PCS\n\nSource: 59 FR 37604, July 22, 1994, unless otherwise noted.\n\n\n\n§ 24.701 Broadband PCS subject to competitive bidding.\nMutually exclusive initial applications for broadband PCS service licenses are subject to competitive bidding. The\ngeneral competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise\nprovided in this subpart.\n\n[67 FR 45367, July 9, 2002]\n\n\n§§ 24.702-24.708 [Reserved]\n§ 24.709 Eligibility for licenses for frequency Blocks C or F.\n (a) General rule for licenses offered for closed bidding.\n\n (1) No application is acceptable for filing and no license shall be granted to a winning bidder in closed\n bidding for frequency block C or frequency block F, unless the applicant, together with its affiliates\n and persons or entities that hold interests in the applicant and their affiliates, have had gross\n revenues of less than $125 million in each of the last two years and total assets of less than $500\n million at the time the applicant's short-form application (Form 175) is filed.\n\n47 CFR 24.709(a)(1) (enhanced display) page 36 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(a)(2)\nPersonal Communications Services\n\n\n (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this\n section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the\n date of initial license grant, except that a licensee's (or other attributable entity's) increased gross\n revenues or increased total assets due to nonattributable equity investments (i.e., from sources\n whose gross revenues and total assets are not considered under paragraph (b) of this section), debt\n financing, revenue from operations or other investments, business development, or expanded service\n shall not be considered.\n\n (3) Tiers.\n\n (i) For purposes of determining spectrum to which the eligibility requirements of this section are\n applicable, the BTA service areas (see § 24.202(b)) are divided into two tiers according to their\n population as follows:\n\n (A) Tier 1: BTA service areas with population equal to or greater than 2.5 million;\n\n (B) Tier 2: BTA service areas with population less than 2.5 million.\n\n (ii) For Auction No. 35, the population of individual BTA service areas will be based on the 1990\n census. For auctions beginning after the start of Auction No. 35, the population of individual\n BTA service areas will be based on the most recent available decennial census.\n\n (4) Application of eligibility requirements.\n\n (i) The following categories of licenses will be subject to closed bidding pursuant to the eligibility\n requirements of this section in auctions that begin after the effective date of this paragraph.\n\n (A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895–1900 MHz paired with\n 1975–1980 MHz);\n\n (B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895–1900 MHz paired with\n 1975–1980 MHz; 1900–1905 MHz paired with 1980–1985 MHz) and all 15 MHz C block\n licenses.\n\n (ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for\n operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any\n auction beginning on or after March 23, 1999, will not be subject in a subsequent auction to\n closed bidding pursuant to the eligibility requirements of this section.\n\n (5) Special rule for licensees disaggregating or returning certain spectrum in frequency block C.\n\n (i) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any\n entity that was eligible for and participated in the auction for frequency block C, which began on\n December 18, 1995, or the reauction for frequency block C, which began on July 3, 1996, will be\n eligible to bid for C block licenses offered in closed bidding in any reauction of frequency block\n C spectrum that begins within two years of March 23, 1999.\n\n (ii) In cases of merger, acquisition, or other business combination of entities, where each of the\n entities is eligible to bid for C block licenses offered in closed bidding in any reauction of C\n block spectrum on the basis of the eligibility exception set forth in paragraph (a)(5)(i) of this\n section, the resulting entity will also be eligible for the exception specified in paragraph (a)(5)(i)\n of this section.\n\n\n\n47 CFR 24.709(a)(5)(ii) (enhanced display) page 37 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(a)(5)(iii)\nPersonal Communications Services\n\n\n (iii) In cases of merger, acquisition, or other business combination of entities, where one or more of\n the entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the\n resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of this section unless an\n eligible entity possesses de jure and de facto control over the resulting entity.\n\n (iv) The following restrictions will apply for any reauction of frequency block C spectrum conducted\n after March 24, 1998:\n\n (A) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of\n spectrum from any or all of their frequency block C licenses, as provided in Amendment of\n the Commission's Rules Regarding Installment Payment Financing for Personal\n Communications Services (PCS) Licensees, Second Report and Order and Further Notice\n of Proposed Rule Making, WT Docket No. 97–82, 12 FCC Rcd 16,436 (1997), as modified\n by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97–82,\n FCC 98–46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated\n spectrum until 2 years from the start of the reauction of that spectrum.\n\n (B) Applicants that surrendered to the Commission any of their frequency block C licenses, as\n provided in Amendment of the Commission's Rules Regarding Installment Payment\n Financing for Personal Communications Services (PCS) Licensees, Second Report and\n Order and Further Notice of Proposed Rule Making, WT Docket No. 97–82, 12 FCC Rcd\n 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and\n Order, WT Docket No. 97–82, FCC 98–46 (rel. Mar. 24, 1998), will not be eligible to apply\n for the licenses that they surrendered to the Commission until 2 years from the start of the\n reauction of those licenses if they elected to apply a credit of 70% of the down payment\n they made on those licenses toward the prepayment of licenses they did not surrender.\n\n (b) Exceptions to general rule —\n\n (1) Scope. The following provisions apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or\n pursuant to § 24.839(a)(2) or (a)(3) prior to October 30, 2000.\n\n (i) Small business consortia. Where an applicant (or licensee) is a consortium of small businesses,\n the gross revenues and total assets of each small business shall not be aggregated.\n\n (ii) Publicly-traded corporations. Where an applicant (or licensee) is a publicly traded corporation\n with widely dispersed voting power, the gross revenues and total assets of a person or entity\n that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered.\n\n (iii) 25 Percent equity exception. The gross revenues and total assets of a person or entity that\n holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long\n as:\n\n (A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling\n no more than 25 percent of the applicant's (or licensee's) total equity;\n\n (B) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a\n member of the applicant's (or licensee's) control group; and\n\n\n\n\n47 CFR 24.709(b)(1)(iii)(B) (enhanced display) page 38 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(b)(1)(iii)(C)\nPersonal Communications Services\n\n\n (C) The applicant (or licensee) has a control group that complies with the minimum equity\n requirements of paragraph (b)(1)(v) of this section, and, if the applicant (or licensee) is a\n corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests,\n and, if the applicant (or licensee) is a partnership, holds all of its general partnership\n interests.\n\n (iv) 49.9 Percent equity exception. The gross revenues and total assets of a person or entity that\n holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long\n as:\n\n (A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling\n no more than 49.9 percent of the applicant's (or licensee's) total equity;\n\n (B) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a\n member of the applicant's (or licensee's) control group; and\n\n (C) The applicant (or licensee) has a control group that complies with the minimum equity\n requirements of paragraph (b)(1)(vi) of this section and, if the applicant (or licensee) is a\n corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests,\n and, if the applicant (or licensee) is a partnership, holds all of its general partnership\n interests.\n\n (v) Control group minimum 25 percent equity requirement. In order to be eligible to exclude gross\n revenues and total assets of persons or entities identified in paragraph (b)(1)(iii) of this section,\n and applicant (or licensee) must comply with the following requirements:\n\n (A) Except for an applicant (or licensee) whose sole control group member is a preexisting\n entity, as provided in paragraph (b)(1)(v)(B) of this section, at the time the applicant's\n short-form application (Form 175) is filed and until at least three years following the date\n of initial license grant, the applicant's (or licensee's) control group must own at least 25\n percent of the applicant's (or licensee's) total equity as follows:\n\n (1) At least 15 percent of the applicant's (or licensee's) total equity must be held by\n qualifying investors, either unconditionally or in the form of options exercisable, at the\n option of the holder, at any time and at any exercise price equal to or less than the\n market value at the time the applicant files its short-form application (Form 175);\n\n (2) Such qualifying investors must hold 50.1 percent of the voting stock and all general\n partnership interests within the control group, and must have de facto control of the\n control group and of the applicant;\n\n (3) The remaining 10 percent of the applicant's (or licensee's) total equity may be owned,\n either unconditionally or in the form of stock options, by any of the following entities,\n which may not comply with § 24.720(g)(1):\n\n (i) Institutional Investors;\n\n (ii) Noncontrolling existing investors in any preexisting entity that is a member of\n the control group;\n\n (iii) Individuals that are members of the applicant's (or licensee's) management; or\n\n (iv) Qualifying investors, as specified in § 24.720(g)(3).\n\n\n47 CFR 24.709(b)(1)(v)(A)(3)(iv) (enhanced display) page 39 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(b)(1)(v)(A)(4)\nPersonal Communications Services\n\n\n (4) Following termination of the three-year period specified in paragraph (b)(1)(v)(A) of\n this section, qualifying investors must continue to own at least 10 percent of the\n applicant's (or licensee's) total equity unconditionally or in the form of stock options\n subject to the restrictions in paragraph (b)(1)(v)(A)(1) of this section. The restrictions\n specified in paragraphs (b)(1)(v)(A)(3)(i) through (b)(1)(v)(A)(3)(iv) of this section no\n longer apply to the remaining equity after termination of such three-year period.\n\n (B) At the election of an applicant (or licensee) whose control group's sole member is a\n preexisting entity, the 25 percent minimum equity requirements set forth in paragraph\n (b)(1)(v)(A) of this section shall apply, except that only 10 percent of the applicant's (or\n licensee's) total equity must be held in qualifying investors, and that the remaining 15\n percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or\n noncontrolling existing investors in such control group member or individuals that are\n members of the applicant's (or licensee's) management. These restrictions on the identity\n of the holder(s) of the remaining 15 percent of the licensee's total equity no longer apply\n after termination of the three-year period specified in paragraph (b)(1)(v)(A) of this\n section.\n\n (vi) Control group minimum 50.1 percent equity requirement. In order to be eligible to exclude gross\n revenues and total assets of persons or entities identified in paragraph (b)(1)(iv) of this section,\n an applicant (or licensee) must comply with the following requirements:\n\n (A) Except for an applicant (or licenses) whose sole control group member is a preexisting\n entity, as provided in paragraph (b)(1)(vi)(B) of this section, at the time the applicant's\n short-form application (Form 175) is filed and until at least three years following the date\n of initial license grant, the applicant's (or licensee's) control group must own at least 50.1\n percent of the applicant's (or licensee's) total equity as follows:\n\n (1) At least 30 percent of the applicant's (or licensee's) total equity must be held by\n qualifying investors, either unconditionally or in the form of options, exercisable at the\n option of the holder, at any time and at any exercise price equal to or less than the\n market value at the time the applicant files its short-form application (Form 175);\n\n (2) Such qualifying investors must hold 50.1 percent of the voting stock and all general\n partnership interests within the control group and must have de facto control of the\n control group and of the applicant;\n\n (3) The remaining 20.1 percent of the applicant's (or licensee's) total equity may be\n owned by qualifying investors, either unconditionally or in the form of stock options\n not subject to the restrictions of paragraph (b)(1)(vi)(A)(1) of this section, or by any\n of the following entities which may not comply with § 24.720(g)(1):\n\n (i) Institutional investors, either unconditionally or in the form of stock options;\n\n (ii) Noncontrolling existing investors in any preexisting entity that is a member of\n the control group, either unconditionally or in the form of stock options;\n\n (iii) Individuals that are members of the applicant's (or licensee's) management,\n either unconditionally or in the form of stock options; or\n\n (iv) Qualifying investors, as specified in § 24.720(g)(3).\n\n\n\n47 CFR 24.709(b)(1)(vi)(A)(3)(iv) (enhanced display) page 40 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(b)(1)(vi)(A)(4)\nPersonal Communications Services\n\n\n (4) Following termination of the three-year period specified in paragraph (b)(1)(vi)(A) of\n this section, qualifying investors must continue to own at least 20 percent of the\n applicant's (or licensee's) total equity unconditionally or in the form of stock options\n subject to the restrictions in paragraph (b)(1)(vi)(A)(1) of this section. The\n restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through (b)(1)(vi)(A)(3)(iv) of this\n section no longer apply to the remaining equity after termination of such three-year\n period.\n\n (B) At the election of an applicant (or licensee) whose control group's sole member is a\n preexisting entity, the 50.1 percent minimum equity requirements set forth in paragraph\n (b)(1)(vi)(A) of this section shall apply, except that only 20 percent of the applicant's (or\n licensee's) total equity must be held by qualifying investors, and that the remaining 30.1\n percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or\n noncontrolling existing investors in such control group member or individuals that are\n members of the applicant's (or licensee's) management. These restrictions on the identity\n of the holder(s) of the remaining 30.1 percent of the licensee's total equity no longer apply\n after termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this\n section.\n\n (vii) Calculation of certain interests. Except as provided in paragraphs (b)(1)(v) and (b)(1)(vi) of this\n section, ownership interests shall be calculated on a fully diluted basis; all agreements such as\n warrants, stock options and convertible debentures will generally be treated as if the rights\n thereunder already have been fully exercised, except that such agreements may not be used to\n appear to terminate or divest ownership interests before they actually do so, in order to comply\n with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this\n section.\n\n (viii) Aggregation of affiliate interests. Persons or entities that hold interest in an applicant (or\n licensee) that are affiliates of each other or have an identify of interests identified in §\n 1.2110(c)(5)(iii) will be treated as though they were one person or entity and their ownership\n interests aggregated for purposes of determining an applicant's (or licensee's) compliance with\n the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this\n section.\n\n Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by individuals, A, B, and C,\n each having an equal one-third voting interest in ABC Corp. A and B together, with two-\n thirds of the stock have the power to control ABC Corp. and have an identity of interest.\n If A & B invest in DE Corp., a broadband PCS applicant for block C, A and B's separate\n interests in DE Corp. must be aggregated because A and B are to be treated as one\n person.\n\n Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC Corp., of which it\n holds a controlling 51 percent of the stock. If ABC Corp. and BC Corp., both invest in DE\n Corp., their separate interests in DE Corp. must be aggregated because ABC Corp. and\n BC Corp. are affiliates of each other.\n\n\n\n47 CFR 24.709(b)(1)(viii) (enhanced display) page 41 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(b)(2)\nPersonal Communications Services\n\n\n (2) The following provisions apply to licenses acquired pursuant to § 24.839(a)(2) or (a)(3) on or after\n October 30, 2000. In addition to the eligibility requirements set forth at 24.709(a) and (b), applicants\n and/or licensees seeking to acquire C and/or F block licenses pursuant to 24.839(a)(2) or (a)(3) will\n be subject to the controlling interest standard in 1.2110(c)(2) of this chapter for purposes of\n determining unjust enrichment payment obligations. See § 1.2111 of this chapter.\n\n (c) Short-form and long-form applications: Certifications and disclosure —\n\n (1) Short-form application. In addition to certifications and disclosures required by part 1, subpart Q of\n this chapter, each applicant to participate in closed bidding for frequency block C or frequency block\n F shall certify on its short-form application (Form 175) that it is eligible to bid on and obtain such\n license(s), and (if applicable) that it is eligible for designated entity status pursuant to this section\n and § 24.720, and shall append the following information as an exhibit to its Form 175:\n\n (i) For all applicants: The applicant's gross revenues and total assets, computed in accordance\n with paragraphs (a) of this section and § 1.2110(b)(1) through (b)(2) of this chapter.\n\n (ii) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22:\n\n (A) The identity of each member of the applicant's control group, regardless of the size of each\n member's total interest in the applicant, and the percentage and type of interest held;\n\n (B) The status of each control group member that is an institutional investor, an existing\n investor, and/or a member of the applicant's management;\n\n (C) The identity of each affiliate of the applicant and each affiliate of individuals or entities\n identified pursuant to paragraphs (C)(1)(ii)(A) and (c)(1)(ii)(B) of this section;\n\n (D) A certification that the applicant's sole control group member is a preexisting entity, if the\n applicant makes the election in either paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section;\n and\n\n (E) For an applicant that is a publicly traded corporation with widely disbursed voting power:\n\n (1) A certified statement that such applicant complies with the requirements of the\n definition of publicly traded corporation with widely disbursed voting power set forth\n in § 24.720(f);\n\n (2) The identity of each affiliate of the applicant.\n\n (iii) For each applicant claiming status as a small business consortium, the information specified in\n paragraph (c)(1)(ii) of this section, for each member of such consortium.\n\n (2) Long-form application. In addition to the requirements in subpart I of this part and other applicable\n rules (e.g., §§ 20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-form application\n for a license(s) for frequency block C or F shall in an exhibit to its long-form application:\n\n (i) Disclose separately and in the aggregate the gross revenues and total assets, computed in\n accordance with paragraphs (a) and (b) of this section, for each of the following: The applicant;\n the applicant's affiliates, the applicant's control group members; the applicant's attributable\n investors; and affiliates of its attributable investors;\n\n (ii) List and summarize all agreements or other instruments (with appropriate references to\n specific provisions in the text of such agreements and instruments) that support the applicant's\n eligibility for a license(s) for frequency block C or frequency block F and its eligibility under §§\n\n47 CFR 24.709(c)(2)(ii) (enhanced display) page 42 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.709(c)(2)(iii)\nPersonal Communications Services\n\n\n 24.711, 24.712, 24.714 and 24.720, including the establishment of de facto and de jure control;\n such agreements and instruments include articles of incorporation and bylaws, shareholder\n agreements, voting or other trust agreements, partnership agreements, management\n agreements, joint marketing agreements, franchise agreements, and any other relevant\n agreements (including letters of intent), oral or written; and\n\n (iii) List and summarize any investor protection agreements and identify specifically any such\n provisions in those agreements identified pursuant to paragraph (c)(2)(ii) of this section,\n including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and\n fire employees and to appoint members to boards of directors or management committees.\n\n (3) Records maintenance. All applicants, including those that are winning bidders, shall maintain at their\n principal place of business an updated file of ownership, revenue and asset information, including\n those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any other\n documents necessary to establish eligibility under this section and any other documents necessary\n to establish eligibility under this section or under the definition of small business. Licensees (and\n their successors in interest) shall maintain such files for the term of the license. Applicants that do\n not obtain the license(s) for which they applied shall maintain such files until the grant of such\n license(s) is final, or one year from the date of the filing of their short-form application (Form 175),\n whichever is earlier.\n\n (d) Definitions. The terms control group, existing investor, institutional investor, nonattributable equity,\n preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, and\n small business used in this section are defined in § 24.720.\n\n[67 FR 45368, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]\n\n\n§ 24.710 [Reserved]\n§ 24.711 Installment payments for licenses for frequency Block C.\nInstallment payments. Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net\nauction price for the license in installment payments pursuant to § 1.2110(f) of this chapter and under the following\nterms:\n\n (a) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with §\n 1.2110(n) of this chapter and § 24.709(b)) in each of the two preceding years (calculated in accordance\n with § 1.2110(n) of this chapter), interest shall be imposed based on the rate for ten-year U.S. Treasury\n obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both\n principal and interest amortized over the term of the license.\n\n (b) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with §\n 1.2110(b) of this chapter and § 24.709(b)) in each of the two preceding years, interest shall be imposed\n based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus\n 2.5 percent; payments shall include interest only for the first year and payments of interest and principal\n amortized over the remaining nine years of the license term.\n\n (c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest\n shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the\n license is granted; payments shall include interest only for the first six years and payments of interest and\n principal amortized over the remaining four years of the license term.\n47 CFR 24.711(c) (enhanced display) page 43 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.712\nPersonal Communications Services\n\n\n[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]\n\n\n§ 24.712 Bidding credits for licenses won for frequency Block C.\n (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a\n winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small\n businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to\n lower the cost of its winning bid.\n\n (b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a\n winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of\n very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of\n this chapter, to lower the cost of its winning bid.\n\n (c) Unjust enrichment. The unjust enrichment provisions of § 1.2111(d) and (e)(2) of this chapter shall not\n apply with respect to licenses acquired in either the auction for frequency block C that began on\n December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996.\n\n[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]\n\n\n§ 24.713 [Reserved]\n§ 24.714 Partitioned licenses and disaggregated spectrum.\n (a) Eligibility.\n\n (1) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial\n assignment of a license pursuant to § 24.839.\n\n (2) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband PCS C and F block\n licenses not subject to the eligibility requirements of § 24.709 may apply to partition their licensed\n geographic service area or disaggregate their licensed spectrum at any time following the grant of\n their licenses.\n\n (3) Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the\n eligibility requirements of § 24.709 may partition their licensed geographic service area or\n disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set\n forth in § 24.709 at the time the request for partial assignment of license is filed or to an entity that\n holds license(s) for frequency blocks C and F that met the eligibility criteria set forth in § 24.709 at\n the time of receipt of such license(s). Partial assignment applications seeking partitioning or\n disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment\n demonstrating compliance with this section.\n\n (b) Technical standards —\n\n (1) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to\n § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The\n geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second\n of latitude and longitude and must be based upon the 1983 North American Datum (NAD83).\n\n (2) Disaggregation. Spectrum may be disaggregated in any amount.\n\n\n\n47 CFR 24.714(b)(2) (enhanced display) page 44 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.714(b)(3)\nPersonal Communications Services\n\n\n (3) Combined partitioning and disaggregation. The Commission will consider requests for partial\n assignment of licenses that propose combinations of partitioning and disaggregation.\n\n (c) Installment payments —\n\n (1) Apportioning the balance on installment payment plans. When a winning bidder elects to pay for its\n license through an installment payment plan pursuant to § 1.2110(g) of this chapter or § 24.716, and\n partitions its licensed area or disaggregates spectrum to another party, the outstanding balance\n owed by the licensee on its installment payment plan (including accrued and unpaid interest) shall\n be apportioned between the licensee and partitionee or disaggregatee. Both parties will be\n responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In\n the case of partitioning, the balance shall be apportioned based upon the ratio of the population of\n the partitioned area to the population of the entire original license area calculated based upon the\n most recent census data. In the case of disaggregation, the balance shall be apportioned based\n upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the\n licensed area.\n\n (2) Parties not qualified for installment payment plans.\n\n (i) When a winning bidder elects to pay for its license through an installment payment plan, and\n partitions its license or disaggregates spectrum to another party that would not qualify for an\n installment payment plan or elects not to pay its share of the license through installment\n payments, the outstanding balance owed by the licensee (including accrued and unpaid interest\n shall be apportioned according to § 24.714(c)(1)).\n\n (ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment\n application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting\n the partial assignment application. Failure to meet this condition will result in a rescission of\n the grant of the partial assignment application.\n\n (iii) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance\n and shall receive new financing documents (promissory note, security agreement) with a\n revised payment obligation, based on the remaining amount of time on the original installment\n payment schedule. These financing documents will replace the licensee's existing financing\n documents, which shall be marked “superseded” and returned to the licensee upon receipt of\n the new financing documents. The original interest rate, established pursuant to §\n 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall\n continue to be applied to the licensee's portion of the remaining government obligation. The\n Commission will require, as a further condition to approval of the partial assignment\n application, that the licensee execute and return to the U.S. Treasury the new financing\n documents within 30 days of the Public Notice conditionally granting the partial assignment\n application. Failure to meet this condition will result in the automatic cancellation of the grant\n of the partial assignment application.\n\n (iv) A default on the licensee's payment obligation will only affect the licensee's portion of the\n market.\n\n (3) Parties qualified for installment payment plans.\n\n (i) Where both parties to a partitioning or disaggregation agreement qualify for installment\n payments, the partitionee or disaggregatee will be permitted to make installment payments on\n its portion of the remaining government obligations, as calculated according to § 24.714(c)(1).\n\n47 CFR 24.714(c)(3)(i) (enhanced display) page 45 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.714(c)(3)(ii)\nPersonal Communications Services\n\n\n (ii) Each party will be required, as a condition to approval of the partial assignment application, to\n execute separate financing documents (promissory note, security agreement) agreeing to pay\n their pro rata portion of the balance due (including accrued and unpaid interest) based upon the\n installment payment terms for which they qualify under the rules. The financing documents\n must be returned to the U.S. Treasury within thirty (30) days of the Public Notice conditionally\n granting the partial assignment application. Failure by either party to meet this condition will\n result in the automatic cancellation of the grant of the partial assignment application. The\n interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of\n the initial license in the market, shall continue to be applied to both parties' portion of the\n balance due. Each party will receive a license for their portion of the partitioned market or\n disaggregated spectrum.\n\n (iii) A default on an obligation will only affect that portion of the market area held by the defaulting\n party.\n\n (iv) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay\n some of their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury\n and to pay the remaining portion of the balance due pursuant to an installment payment plan.\n\n (d) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the\n remainder of the original licensee's license term as provided for in § 24.15.\n\n[62 FR 661, Jan. 6, 1997, as amended at 63 FR 68953, Dec. 14, 1998; 65 FR 53638, Sept. 5, 2000; 67 FR 45371, July 9, 2002; 68 FR\n42999, July 21, 2003; 82 FR 41547, Sept. 1, 2017]\n\n\n§ 24.716 Installment payments for licenses for frequency Block F.\n Installment Payments. Each eligible licensee of frequency Block F may pay the remaining 80 percent of the net\n auction price for the license in installment payments pursuant to § 1.2110(g) of this chapter and under\n the following terms:\n\n (a) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with §\n 1.2110(b) of this chapter and, when applicable, § 24.709(b)) in each of the two preceding years\n (calculated in accordance with § 1.2110(n) of this chapter), interest shall be imposed based on the\n rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5\n percent; payments shall include both principal and interest amortized over the term of the license;\n\n (b) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with\n § 1.2110(b) of this chapter and, when applicable, § 24.709(b)) in each of the two preceding years\n (calculated in accordance with § 1.2110(n) of this chapter), interest shall be imposed based on the\n rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5\n percent; payments shall include interest only for the first year and payments of interest and principal\n amortized over the remaining nine years of the license term; or\n\n (c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses,\n interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the\n date the license is granted; payments shall include interest only for the first two years and payments\n of interest and principal amortized over the remaining eight years of the license term.\n\n[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]\n\n\n\n47 CFR 24.716 “Installment Payments” (c) (enhanced display) page 46 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.717\nPersonal Communications Services\n\n\n§ 24.717 Bidding credits for licenses for frequency Block F.\n (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a\n winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small\n businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to\n lower the cost of its winning bid.\n\n (b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a\n winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of\n very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of\n this chapter, to lower the cost of its winning bid.\n\n[68 FR 42999, July 21, 2003]\n\n\n§ 24.720 Definitions.\n (a) Scope. The definitions in this section apply to §§ 24.709 through 24.717, unless otherwise specified in\n those sections.\n\n (b) Small and very small business.\n\n (1) A small business is an entity that, together with its affiliates and persons or entities that hold interest\n in such entity and their affiliates, has average annual gross revenues that are not more than $40\n million for the preceding three years.\n\n (2) A very small business is an entity that, together with its affiliates and persons or entities that hold\n interests in such entity and their affiliates, has average annual gross revenues that are not more than\n $15 million for the preceding three years.\n\n (c) Institutional Investor. An institutional investor is an insurance company, a bank holding stock in trust\n accounts through its trust department, or an investment company as defined in 15 U.S.C. 80a–3(a),\n including within such definition any entity that would otherwise meet the definition of investment\n company under 15 U.S.C. 80a–3(a) but is excluded by the exemptions set forth in 15 U.S.C. 80a–3(b) and\n (c), without regard to whether such entity is an issuer of securities; provided that, if such investment\n company is owned, in whole or in part, by other entities, such investment company, such other entities\n and the affiliates of such other entities, taken as a whole, must be primarily engaged in the business of\n investing, reinvesting or trading in securities or in distributing or providing investment management\n services for securities.\n\n (d) Nonattributable Equity —\n\n (1) Nonattributable equity shall mean:\n\n (i) For corporations, voting stock or non-voting stock that includes no more than twenty-five\n percent of the total voting equity, including the right to vote such stock through a voting trust or\n other arrangement;\n\n (ii) For partnerships, joint ventures and other non-corporate entities, limited partnership interests\n and similar interests that do not afford the power to exercise control of the entity.\n\n\n\n\n47 CFR 24.720(d)(1)(ii) (enhanced display) page 47 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.720(d)(2)\nPersonal Communications Services\n\n\n (2) For purposes of assessing compliance with the equity limits in § 24.709 (b)(1)(iii)(A) and\n (b)(1)(iv)(A), where such interests are not held directly in the applicant, the total equity held by a\n person or entity shall be determined by successive multiplication of the ownership percentages for\n each link in the vertical ownership chain.\n\n (e) Control Group. A control group is an entity, or a group of individuals or entities, that possesses de jure\n control and de facto control of an applicant or licensee, and as to which the applicant's or licensee's\n charters, bylaws, agreements and any other relevant documents (and amendments thereto) provide:\n\n (1) That the entity and/or its members own unconditionally at least 50.1 percent of the total voting\n interests of a corporation;\n\n (2) That the entity and/or its members receive at least 50.1 percent of the annual distribution or any\n dividends paid on the voting stock of a corporation;\n\n (3) That, in the event of dissolution or liquidation of a corporation, the entity and/or its members are\n entitled to receive 100 percent of the value of each share of stock in its possession and a percentage\n of the retained earnings of the concern that is equivalent to the amount of equity held in the\n corporation; and\n\n (4) That, for other types of businesses, the entity and/or its members have the right to receive dividends,\n profits and regular and liquidating distributions from the business in proportion to the amount of\n equity held in the business.\n\n\n Note to paragraph (e): Voting control does not always assure de facto control, such as for\n example, when the voting stock of the control group is widely dispersed (see e.g., §\n 1.2110(c)(5)(ii)(C) of this chapter).\n\n (f) Publicly Traded Corporation with Widely Dispersed Voting Power. A publicly traded corporation with widely\n dispersed voting power is a business entity organized under the laws of the United States:\n\n (1) Whose shares, debt, or other ownership interests are traded on an organized securities exchange\n within the United States;\n\n (2) In which no person:\n\n (i) Owns more than 15 percent of the equity; or\n\n (ii) Possesses, directly or indirectly, through the ownership of voting securities, by contract or\n otherwise, the power to control the election of more than 15 percent of the members of the\n board of directors or other governing body of such publicly traded corporation; and\n\n (3) Over which no person other than the management and members of the board of directors or other\n governing body of such publicly traded corporation, in their capacities as such, has de facto control.\n\n (4) The term person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as\n amended (15 U.S.C. 78(m)), and shall also include investors that are commonly controlled under the\n indicia of control set forth in the definition of affiliate in § 1.2110(c)(5) of the Commission's rules.\n\n (g) Qualifying investor.\n\n\n\n\n47 CFR 24.720(g) (enhanced display) page 48 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.720(g)(1)\nPersonal Communications Services\n\n\n (1) A qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or\n licensee's) control group and whose gross revenues and total assets, when aggregated with those of\n all other attributable investors and affiliates, do not exceed the gross revenues and total assets\n limits specified in § 24.709(a), or, in the case of an applicant (or licensee) that is a small business,\n do not exceed the gross revenues limit specified in paragraph (b) of this section.\n\n (2) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v)\n and (b)(1)(vi), where such equity interests are not held directly in the applicant, interests held by\n qualifying investors shall be determined by successive multiplication of the ownership percentages\n for each link in the vertical ownership chain.\n\n (3) For purposes of § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), a qualifying investor is a person who is\n (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross\n revenues and total assets do not exceed the gross revenues and total assets limits specified in §\n 24.709(a).\n\n (h) Preexisting entity; Existing investor. A preexisting entity is an entity that was operating and earning\n revenues for at least two years prior to December 31, 1994. An existing investor is a person or entity that\n was an owner of record of a preexisting entity's equity as of November 10, 1994, and any person or entity\n acquiring de minimis equity holdings in a preexisting entity after that date.\n\n\n Note to paragraph (h): In applying the term existing investor to de minimis interests in preexisting\n entities obtained or increased after November 10, 1994, the Commission will scrutinize any\n significant restructuring of the preexisting entity that occurs after that date and will presume that\n any change of equity that is five percent or less of the preexisting entity's total equity is de minimis.\n The burden is on the applicant (or licensee) to demonstrate that changes that exceed five percent\n are not significant.\n\n\n[67 FR 45372, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 68 FR 57829, Oct. 7, 2003]\n\n\nSubpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS\n\nSource: 59 FR 37610, July 22, 1994, unless otherwise noted.\n\n\n\n§§ 24.801-24.803 [Reserved]\n§ 24.804 Eligibility.\n (a) General. Authorizations will be granted upon proper application if:\n\n (1) The applicant is qualified under all applicable laws and Commission regulations, policies and\n decisions;\n\n (2) There are frequencies available to provide satisfactory service; and\n\n (3) The public interest, convenience or necessity would be served by a grant.\n\n (b) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be\n granted to or held by:\n\n47 CFR 24.804(b) (enhanced display) page 49 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.804(b)(1)\nPersonal Communications Services\n\n\n (1) Any alien or the representative of any alien.\n\n (2) Any corporation organized under the laws of any foreign government.\n\n (3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by\n aliens or their representatives or by a foreign government or representative thereof or any\n corporation organized under the laws of another country.\n\n (4) Any corporation directly or indirectly controlled by any other corporation of which more than one-\n fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign\n government or representative thereof, or by any corporation organized under the laws of a foreign\n country, if the Commission finds that the public interest will be served by the refusal or revocation of\n such a license.\n\n (c) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a\n foreign government or a representative thereof.\n\n[59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996]\n\n\n§§ 24.805-24.814 [Reserved]\n§ 24.815 Technical content of applications; maintenance of list of station locations.\n (a) All applications required by this part shall contain all technical information required by the application\n forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS\n license must also comply with all technical requirements of the rules governing the broadband PC (see\n subparts C and E of this part as appropriate). The following paragraphs describe a number of general\n technical requirements.\n\n (b) Each application (except applications for initial licenses filed on Form 175) for a license for broadband\n PCS must comply with the provisions of §§ 24.229–24.238 of the Commission's Rules.\n\n (c)–(i) [Reserved]\n\n (j) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS\n licensees must maintain a current list of all station locations, which must describe the transmitting\n antenna site by its geographical coordinates and also by conventional reference to street number,\n landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and\n seconds to the nearest second of latitude and longitude.\n\n§§ 24.816-24.829 [Reserved]\n§ 24.830 Opposition to applications.\n (a) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission\n consideration must comply with § 1.2108 of this chapter and must:\n\n (1) Identify the application or applications (including applicant's name, station location, Commission file\n numbers and radio service involved) with which it is concerned;\n\n (2) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of\n §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter;\n\n\n\n47 CFR 24.830(a)(2) (enhanced display) page 50 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.830(a)(3)\nPersonal Communications Services\n\n\n (3) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall\n be supported by affidavit of a person or persons with personal knowledge thereof, and which shall\n be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant\n of, or other Commission action regarding, the application would be prima facie inconsistent with the\n public interest;\n\n (4) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of\n any such application or major amendment thereto (unless the Commission otherwise extends the\n filing deadline); and\n\n (5) Contain a certificate of service showing that it has been mailed to the applicant no later than the date\n of filing thereof with the Commission.\n\n (b) A petition to deny a major amendment to a previously-filed application may only raise matters directly\n related to the amendment which could not have been raised in connection with the underlying previously-\n filed application. This subsection does not apply, however, to petitioners who gain standing because of\n the major amendment.\n\n§ 24.831 Mutually exclusive applications.\n (a) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they\n relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency\n block.\n\n (b) Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to\n competitive bidding in accordance with the procedures in subpart H of this part and in part 1, subpart Q of\n this chapter.\n\n (c) An application will be entitled to comparative consideration with one or more conflicting applications only\n if the Commission determines that such comparative consideration will serve the public interest.\n\n (d)–(j) [Reserved]\n\n§ 24.832 [Reserved]\n§ 24.833 Post-auction divestitures.\nAny parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them\nthan a single entity is entitled to hold (See §§ 20.6(e), 24.710, 24.204, 24.229(c) of this chapter) will be permitted to\ndivest sufficient properties within 90 days of the license grant to come into compliance with the spectrum\naggregation limits as follows:\n\n (a) The broadband PCS applicant shall submit a signed statement with its long-form application stating that\n sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise\n qualified, the Commission will grant the applications subject to a condition that the licensee come into\n compliance with the PCS spectrum aggregation limits within 90 days of grant.\n\n (b) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the\n application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to\n submit the certification within 90 days, the Commission will immediately cancel all broadband PCS\n licenses won by the applicant, impose the default penalty and, based on the facts presented, take any\n other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been\n\n\n47 CFR 24.833(b) (enhanced display) page 51 of 52\n\f47 CFR Part 24 (up to date as of 2/20/2024)\n 47 CFR 24.834-24.838\nPersonal Communications Services\n\n\n secured in the required time frame, as long as the applicant has no interest in or control of the trustee,\n and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property\n for longer than six months from grant of license.\n\n[59 FR 53371, Oct. 24, 1994]\n\n\n§§ 24.834-24.838 [Reserved]\n§ 24.839 Transfer of control or assignment of license.\n (a) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed\n bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won\n in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted unless:\n\n (1) The application for assignment or transfer of control is filed after five years from the date of the\n initial license grant; or\n\n (2) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 of this part at\n the time the application for assignment or transfer of control is filed, or the proposed assignee or\n transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such\n license(s), met the eligibility criteria set forth in § 24.709 of this part; or\n\n (3) The application is for partial assignment of a partitioned service area to a rural telephone company\n pursuant to § 24.714 of this part and the proposed assignee meets the eligibility criteria set forth in\n § 24.709 of this part; or\n\n (4) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee\n appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent\n jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally\n qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction\n over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or\n\n (5) The assignment or transfer of control is pro forma; or\n\n (6) The application for assignment or transfer of control is filed on or after the date the licensee has\n notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has\n been satisfied.\n\n (b) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to\n the original construction requirement of § 24.203 of this part.\n\n[63 FR 68953, Dec. 14, 1998, as amended at 65 FR 53638, Sept. 5, 2000]\n\n\n§§ 24.840-24.844 [Reserved]\n\n\n\n\n47 CFR 24.840-24.844 (enhanced display) page 52 of 52\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":48,"cells":{"Content":{"kind":"string","value":"47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR Part 13 (Feb. 20, 2024)\nCommercial Radio Operators\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 13 Commercial Radio Operators\n General\n § 13.1 Basis and purpose.\n § 13.3 Definitions.\n § 13.5 Licensed commercial radio operator required.\n § 13.7 Classification of operator licenses and endorsements.\n § 13.8 Authority conveyed.\n § 13.9 Eligibility and application for new license or endorsement.\n § 13.10 Licensee address.\n § 13.11 Holding more than one commercial radio operator license.\n § 13.13 Application for a renewed or modified license.\n § 13.15 License term.\n § 13.17 Replacement license.\n § 13.19 Operator's responsibility.\n Examination System\n § 13.201 Qualifying for a commercial operator license or endorsement.\n § 13.203 Examination elements.\n § 13.207 Preparing an examination.\n § 13.209 Examination procedures.\n § 13.211 Commercial radio operator license examination.\n § 13.213 COLEM qualifications.\n § 13.215 Question pools.\n § 13.217 Records.\n\n\nPART 13—COMMERCIAL RADIO OPERATORS\nAuthority: 47 U.S.C. 154, 303.\n\nSource: 58 FR 9124, Feb. 19, 1993, unless otherwise noted.\n\n GENERAL\n\n\n\n\n47 CFR 13 (enhanced display) page 1 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.1\nCommercial Radio Operators\n\n\n§ 13.1 Basis and purpose.\n (a) Basis. The basis for the rules contained in this part is the Communications Act of 1934, as amended, and\n applicable treaties and agreements to which the United States is a party.\n\n (b) Purpose. The purpose of the rules in this part is to prescribe the manner and conditions under which\n commercial radio operators are licensed by the Commission.\n\n§ 13.3 Definitions.\nThe definitions of terms used in part 13 are:\n\n (a) COLEM. Commercial operator license examination manager.\n\n (b) Commercial radio operator. A person holding a license or licenses specified in § 13.7(b).\n\n (c) GMDSS. Global Maritime Distress and Safety System.\n\n (d) FCC. Federal Communications Commission.\n\n (e) International Morse Code. A dot-dash code as defined in International Telegraph and Telephone\n Consultative Committee (CCITT) Recommendation F.1 (1984), Division B, I. Morse code.\n\n (f) ITU. International Telecommunication Union.\n\n (g) PPC. Proof-of-Passing Certificate.\n\n (h) Question pool. All current examination questions for a designated written examination element.\n\n (i) Question set. A series of examination questions on a given examination selected from the current\n question pool.\n\n (j) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party.\n\n§ 13.5 Licensed commercial radio operator required.\nRules that require FCC station licensees to have certain transmitter operation, maintenance, and repair duties\nperformed by a commercial radio operator are contained in parts 80 and 87 of this chapter.\n\n[78 FR 23152, Apr. 18, 2013]\n\n\n§ 13.7 Classification of operator licenses and endorsements.\n (a) Commercial radio operator licenses issued by the FCC are classified in accordance with the Radio\n Regulations of the ITU.\n\n (b) There are twelve types of commercial radio operator licenses, certificates and permits (licenses). The\n license's ITU classification, if different from its name, is given in parentheses.\n\n (1) First Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new\n First Class Radiotelegraph Operator's Certificates will be accepted for filing.\n\n (2) Second Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new\n Second Class Radiotelegraph Operator's Certificates will be accepted for filing.\n\n\n\n\n47 CFR 13.7(b)(2) (enhanced display) page 2 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.7(b)(3)\nCommercial Radio Operators\n\n\n (3) Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate).\n Beginning May 20, 2013, no applications for new Third Class Radiotelegraph Operator's Certificates\n will be accepted for filing.\n\n (4) Radiotelegraph Operator License.\n\n (5) General Radiotelephone Operator License (radiotelephone operator's general certificate).\n\n (6) Marine Radio Operator Permit (radiotelephone operator's restricted certificate).\n\n (7) Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate).\n\n (8) Restricted Radiotelephone Operator Permit-Limited Use (radiotelephone operator's restricted\n certificate).\n\n (9) GMDSS Radio Operator's License (general operator's certificate).\n\n (10) Restricted GMDSS Radio Operator's License (restricted operator's certificate).\n\n (11) GMDSS Radio Maintainer's License (technical portion of the first-class radio electronic certificate).\n\n (12) GMDSS Radio Operator/Maintainer License (general operator's certificate/technical portion of the\n first-class radio electronic certificate).\n\n (c) There are three license endorsements affixed by the FCC to provide special authorizations or restrictions.\n Endorsements may be affixed to the license(s) indicated in parentheses.\n\n (1) Ship Radar Endorsement (First and Second Class Radiotelegraph Operator's Certificates,\n Radiotelegraph Operator License, General Radiotelephone Operator License, GMDSS Radio\n Maintainer's License).\n\n (2) Six Months Service Endorsement (First and Second Class Radiotelegraph Operator's Certificates,\n Radiotelegraph Operator License)\n\n (3) Restrictive endorsements relating to physical disability, English language or literacy waivers, or other\n matters (all licenses).\n\n (d) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to an aircraft pilot who is not\n legally eligible for employment in the United States is valid only for operating radio stations on aircraft.\n\n (e) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to a person under the\n provision of Section 303(1)(2) of the Communications Act of 1934, as amended, is valid only for the\n operation of radio stations for which that person is the station licensee.\n\n[58 FR 9124, Feb. 19, 1993; 58 FR 12632, Mar. 5, 1993, as amended at 68 FR 46958, Aug. 7, 2003; 73 FR 4479, Jan. 25, 2008; 78\nFR 23152, Apr. 18, 2013]\n\n\n§ 13.8 Authority conveyed.\nLicenses, certificates and permits issued under this part convey authority for the operating privileges of other\nlicenses, certificates, and permits issued under this part as specified below:\n\n\n\n\n47 CFR 13.8 (enhanced display) page 3 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.8(a)\nCommercial Radio Operators\n\n\n (a) A First Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Second\n Class Radiotelegraph Operator's Certificate, the Third Class Radiotelegraph Operator's Certificate, the\n Radiotelegraph Operator License, the Restricted Radiotelephone Operator Permit, and the Marine Radio\n Operator Permit.\n\n (b) A Radiotelegraph Operator License conveys all of the operating authority of the Second Class\n Radiotelegraph Operator's Certificate, which conveys all of the operating authority of the Third Class\n Radiotelegraph Operator's Certificate, the Restricted Radiotelephone Operator Permit, and the Marine\n Radio Operator Permit.\n\n (c) A Third Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Restricted\n Radiotelophone Operator Permit and the Marine Radio Operator Permit.\n\n (d) A General Radiotelephone Operator License conveys all of the operating authority of the Marine Radio\n Operator Permit and the Restricted Radiotelephone Operator Permit.\n\n (e) A GMDSS Radio Operator's License conveys all of the operating authority of the Marine Radio Operator\n Permit and the Restricted Radiotelephone Operator Permit.\n\n (f) A GMDSS Radio Maintainer's License conveys all of the operating authority of the General Radiotelephone\n Operator License, the Marine Radio Operator Permit, and the Restricted Radiotelephone Operator Permit.\n\n (g) A Marine Radio Operator Permit conveys all of the authority of the Restricted Radiotelephone Operator\n Permit.\n\n[64 FR 53240, Oct. 1, 1999, as amended at 78 FR 23152, Apr. 18, 2013]\n\n\n§ 13.9 Eligibility and application for new license or endorsement.\n (a) If found qualified, the following persons are eligible to apply for commercial radio operator licenses:\n\n (1) Any person legally eligible for employment in the United States.\n\n (2) Any person, for the purpose of operating aircraft radio stations, who holds:\n\n (i) United States pilot certificates; or\n\n (ii) Foreign aircraft pilot certificates which are valid in the United States, if the foreign government\n involved has entered into a reciprocal agreement under which such foreign government does\n not impose any similar requirement relating to eligibility for employment upon United States\n citizens.\n\n (3) Any person who holds a FCC radio station license, for the purpose of operating that station.\n\n (4) Notwithstanding any other provisions of the FCC's rules, no person shall be eligible to be issued a\n commercial radio operator license when\n\n (i) The person's commercial radio operator license is suspended, or\n\n (ii) The person's commercial radio operator license is the subject of an ongoing suspension\n proceeding, or\n\n (iii) The person is afflicted with complete deafness or complete muteness or complete inability for\n any other reason to transmit correctly and to receive correctly by telephone spoken messages\n in English.\n\n47 CFR 13.9(a)(4)(iii) (enhanced display) page 4 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.9(b)\nCommercial Radio Operators\n\n\n (b) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit,\n Radiotelegraph Operator License, Ship Radar Endorsement, Six Months Service Endorsement, GMDSS\n Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's\n License, GMDSS Radio Operator/Maintainer License, Restricted Radiotelephone Operator Permit, or\n Restricted Radiotelephone Operator Permit–Limited Use must be filed on FCC Form 605 in accordance\n with § 1.913 of this chapter.\n\n (c) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit,\n Radiotelegraph Operator License, Ship Radar Endorsement, GMDSS Radio Operator's License, Restricted\n GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/\n Maintainer License must be accompanied by the required fee, if any, and submitted in accordance with §\n 1.913 of this chapter. The application must include an electronic copy of the official PPC(s) from a\n COLEM(s) showing that the applicant has passed the necessary examination Element(s) within the\n previous 365 days when the applicant files the application. If a COLEM files the application on behalf of\n the applicant, an official copy of the PPC(s) is not required. However, the COLEM must keep the PPC(s) on\n file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must forward all\n required data to the FCC electronically.\n\n (d) An applicant will be given credit for an examination element as specified below:\n\n (1) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as\n noted in paragraph (d)(3) of this section, the written examination and telegraphy Element(s) required\n to obtain the license held;\n\n (2) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April\n 15, 2000: Telegraphy Elements 1 and 2; and\n\n (3) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio\n Operator Permit (see § 13.13(b) of this chapter) that is unexpired (or within the grace period):\n Telegraphy Elements 1 and 2.\n\n (e) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the\n subject of an ongoing suspension proceeding, a person whose application for a commercial radio\n operator license has been received by the FCC but which has not yet been acted upon and who holds a\n PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is\n authorized to exercise the rights and privileges of the operator license for which the application was\n received. This authority is valid for a period of 90 days from the date the application was received. The\n FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing.\n\n (f) Each application for a new six months service endorsement must be submitted in accordance with §\n 1.913 of this chapter. The application must include documentation showing that:\n\n (1) The applicant was employed as a radio operator on board a ship or ships of the United States for a\n period totaling at least six months;\n\n (2) The ships were equipped with a radio station complying with the provisions of part II of title III of the\n Communications Act, or the ships were owned and operated by the U.S. Government and equipped\n with radio stations;\n\n (3) The ships were in service during the applicable six month period and no portion of any single in-port\n period included in the qualifying six months period exceeded seven days;\n\n\n\n47 CFR 13.9(f)(3) (enhanced display) page 5 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.9(f)(4)\nCommercial Radio Operators\n\n\n (4) The applicant held a FCC-issued First Class Radiotelegraph Operator's Certificate, Second Class\n Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License during this entire six\n month qualifying period; and\n\n (5) The applicant holds a radio officer's license issued by the U.S. Coast Guard at the time the six month\n endorsement is requested.\n\n (g) No person shall alter, duplicate for fraudulent purposes, or fraudulently obtain or attempt to obtain an\n operator license. No person shall use a license issued to another or a license that he or she knows to be\n altered, duplicated for fraudulent purposes, or fraudulently obtained. No person shall obtain or attempt to\n obtain, or assist another person to obtain or attempt to obtain, an operator license by fraudulent means.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 59 FR 3795, Jan. 27, 1994; 60 FR 27699, May 25, 1995; 63 FR 68942, Dec. 14, 1998; 66\nFR 20752, Apr. 25, 2001; 68 FR 46958, Aug. 7, 2003; 78 FR 23152, Apr. 18, 2013; 85 FR 85531, Dec. 29, 2020]\n\n\n§ 13.10 Licensee address.\nIn accordance with § 1.923 of this chapter, all applicants (except applicants for a Restricted Radiotelephone\nOperator Permit or a Restricted Radiotelephone Operator Permit-Limited Use) must specify an email address where\nthe applicant can receive electronic correspondence. Suspension of the operator license may result when\ncorrespondence from the FCC is returned as undeliverable because the applicant failed to provide the correct email\naddress.\n\n[85 FR 85531, Dec. 29, 2020]\n\n\n§ 13.11 Holding more than one commercial radio operator license.\n (a) An eligible person may hold more than one commercial operator license.\n\n (1) No person may hold two or more unexpired radiotelegraph operator's certificates at the same time;\n\n (2) No person may hold any class of radiotelegraph operator's certificate and a Marine Radio Operator\n Permit;\n\n (3) No person may hold any class of radiotelegraph operator's certificate and a Restricted\n Radiotelephone Operator Permit.\n\n (b) Each person who is not legally eligible for employment in the United States, and certain other persons who\n were issued permits prior to September 13, 1982, may hold two Restricted Radiotelephone Operator\n Permits simultaneously when each permit authorizes the operation of a particular station or class of\n stations.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 78 FR 23153, Apr. 18, 2013]\n\n\n§ 13.13 Application for a renewed or modified license.\n (a) Each application to renew a First Class Radiotelegraph Operator's Certificate, Second Class\n Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, or Radiotelegraph\n Operator License must be made on FCC Form 605. The application must be accompanied by the\n\n\n\n\n47 CFR 13.13(a) (enhanced display) page 6 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.13(b)\nCommercial Radio Operators\n\n\n appropriate fee and submitted in accordance with § 1.913 of this chapter. Beginning May 20, 2013, First\n and Second Class Radiotelegraph Operator's Certificates will be renewed as Radiotelegraph Operator\n Licenses, and Third Class Radiotelegraph Operator's Certificates will be renewed as Marine Radio\n Operator Permits.\n\n (b) If a license expires, application for renewal may be made during a grace period of five years after the\n expiration date without having to retake the required examinations. The application must be accompanied\n by the required fee and submitted in accordance with § 1.913 of this chapter. During the grace period, the\n expired license is not valid. A license renewed during the grace period will be effective as of the date of\n the renewal. Licensees who fail to renew their licenses within the grace period must apply for a new\n license and take the required examination(s). Beginning May 20, 2013, no applications for new First,\n Second, or Third Class Radiotelegraph Operator's Certificates will be accepted for filing.\n\n (c) Each application involving a change in operator class must be filed on FCC Form 605. Each application for\n a commercial operator license involving a change in operator class must be accompanied by the required\n fee, if any, and submitted in accordance with § 1.913 of this chapter. The application must include an\n original PPC(s) from a COLEM(s) showing that the applicant has passed the necessary examination\n Element(s) within the previous 365 days when the applicant files the application. If a COLEM files the\n application on behalf of the applicant, an original PPC(s) is not required. However, the COLEM must keep\n the PPC(s) on file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must\n forward all required data to the FCC electronically.\n\n (d) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the\n subject of an ongoing suspension proceeding, a person holding a General Radiotelephone Operator\n License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class\n Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph\n Operator License, GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio\n Operator/Maintainer License, who has an application for another commercial radio operator license which\n has not yet been acted upon pending at the FCC and who holds a PPC(s) indicating that he or she passed\n the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and\n privileges of the license for which the application is filed. This temporary conditional operating authority is\n valid for a period of 90 days from the date the application is received. This temporary conditional\n operating authority does not relieve the licensee of the obligation to comply with the certification\n requirements of the Standards of Training, Certification and Watchkeeping (STCW) Convention. The FCC,\n in its discretion, may cancel this temporary conditional operating authority without a hearing.\n\n (e) An applicant will be given credit for an examination element as specified below:\n\n (1) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as\n noted in paragraph (e)(3) of this section, the written examination and telegraphy Element(s) required\n to obtain the license held;\n\n (2) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April\n 15, 2000: Telegraphy Elements 1 and 2; and\n\n (3) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio\n Operator Permit (see § 13.13(b) of this chapter) that is unexpired (or within the grace period):\n Telegraphy Elements 1 and 2.\n\n[78 FR 23153, Apr. 18, 2013]\n\n\n\n47 CFR 13.13(e)(3) (enhanced display) page 7 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.15\nCommercial Radio Operators\n\n\n§ 13.15 License term.\nFirst Class Radiotelegraph Operator's Certificates, Second Class Radiotelegraph Operator's Certificates, and Third\nClass Radiotelegraph Operator's Certificates are normally valid for a term of five years from the date of issuance. All\nother commercial radio operator licenses are normally valid for the lifetime of the holder.\n\n[78 FR 23153, Apr. 18, 2013]\n\n\n§ 13.17 Replacement license.\n (a) Each licensee or permittee whose original document is lost, mutilated, or destroyed may request a\n replacement. The application must be accompanied by the required fee and submitted to the address\n specified in part 1 of the rules.\n\n (b) Each application for a replacement General Radiotelephone Operator License, Marine Radio Operator\n Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's\n Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator Certificate, GMDSS\n Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's\n License, or GMDSS Radio Operator/Maintainer License must be made on FCC Form 605 and must include\n a written explanation as to the circumstances involved in the loss, mutilation, or destruction of the original\n document.\n\n (c) Each application for a replacement Restricted Radiotelephone Operator Permit or Restricted\n Radiotelephone Operator Permit-Limited Use must be on FCC Form 605.\n\n (d) A licensee who has made application for a replacement license may exhibit a copy of the application\n submitted to the FCC or a photocopy of the license in lieu of the original document.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 63 FR 68942, Dec. 14, 1998; 68 FR 46959, Aug. 7, 2003; 78 FR 23154, Apr. 18, 2013]\n\n\n§ 13.19 Operator's responsibility.\n (a) The operator responsible for maintenance of a transmitter may permit other persons to adjust that\n transmitter in the operator's presence for the purpose of carrying out tests or making adjustments\n requiring specialized knowledge or skill, provided that he or she shall not be relieved thereby from\n responsibility for the proper operation of the equipment.\n\n (b) In every case where a station operating log or service and maintenance log is required, the operator\n responsible for the station operation or maintenance shall make the required entries in the station log. If\n no station log is required, the operator responsible for service or maintenance duties which may affect the\n proper operation of the station shall sign and date an entry in the station maintenance records giving:\n\n (1) Pertinent details of all service and maintenance work performed by the operator or conducted under\n his or her supervision;\n\n (2) His or her name and address; and\n\n (3) The class, serial number, and expiration date (if applicable) of the license when the FCC has issued\n the operator a license; or the PPC serial number(s) and date(s) of issue when the operator is\n awaiting FCC action on an application.\n\n\n\n\n47 CFR 13.19(b)(3) (enhanced display) page 8 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.19(c)\nCommercial Radio Operators\n\n\n (c) When the operator is on duty and in charge of transmitting systems, or performing service, maintenance\n or inspection functions, the license or permit document, or a photocopy thereof, or a copy of the\n application and PPC(s) received by the FCC, must be posted or in the operator's personal possession, and\n available for inspection upon request by a FCC representative.\n\n (d) The operator on duty and in charge of transmitting systems, or performing service, maintenance or\n inspection functions, shall not be subject to the requirements of paragraph (b) of this section at a station,\n or stations of one licensee at a single location, at which the operator is regularly employed and at which\n his or her license, or a photocopy, is posted.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 60 FR 27700, May 25, 1995; 78 FR 23154, Apr. 18, 2013]\n\n\n EXAMINATION SYSTEM\n\n§ 13.201 Qualifying for a commercial operator license or endorsement.\n (a) To be qualified to hold any commercial radio operator license, an applicant must have a satisfactory\n knowledge of FCC rules and must have the ability to send correctly and receive correctly spoken\n messages in the English language.\n\n (b) An applicant must pass an examination for the issuance of a new commercial radio operator license,\n other than the Restricted Radiotelephone Operator Permit and the Restricted Radiotelephone Operator\n Permit-Limited Use, and for each change in operator class. An applicant must pass an examination for the\n issuance of a new Ship Radar Endorsement. Each application for the class of license or endorsement\n specified below must pass, or otherwise receive credit for, the corresponding examination elements:\n\n (1) Radiotelegraph Operator License.\n\n (i) Telegraphy Elements 1 and 2;\n\n (ii) Written Elements 1 and 6.\n\n (2) General Radiotelephone Operator License: Written Elements 1 and 3.\n\n (3) Marine Radio Operator Permit: Written Element 1.\n\n (4) GMDSS Radio Operator's License: Written Elements 1 and 7, or a Proof of Passing Certificate (PPC)\n issued by the United States Coast Guard or its designee representing a certificate of competency\n from a Coast Guard-approved training course for a GMDSS endorsement.\n\n (5) Restricted GMDSS Radio Operator License: Written Elements 1 and 7R, or a Proof of Passing\n Certificate (PPC) issued by the United States Coast Guard or its designee representing a certificate\n of competency from a Coast Guard-approved training course for a GMDSS endorsement.\n\n (6) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9.\n\n (7) Ship Radar Endorsement: Written Element 8.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 59 FR 3795, Jan. 27, 1994; 68 FR 46959, Aug. 7, 2003; 78 FR 23154, Apr. 18, 2013]\n\n\n\n\n47 CFR 13.201(b)(7) (enhanced display) page 9 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.203\nCommercial Radio Operators\n\n\n§ 13.203 Examination elements.\n (a) A written examination (written Element) must prove that the examinee possesses the operational and\n technical qualifications to perform the duties required by a person holding that class of commercial radio\n operator license. For each Element, the Commission shall establish through public notices or other\n appropriate means the number of questions to be included in the question pool, the number of questions\n to be included in the examination, and the number of questions that must be answered correctly to pass\n the examination. Each written examination must consist of questions relating to the pertinent subject\n matter, as follows:\n\n (1) Element 1: Basic radio law and operating practice with which every maritime radio operator should\n be familiar. Questions concerning provisions of laws, treaties, regulations, and operating procedures\n and practices generally followed or required in communicating by means of radiotelephone stations.\n\n (2) Element 3: General radiotelephone. Questions concerning electronic fundamentals and techniques\n required to adjust, repair, and maintain radio transmitters and receivers at stations licensed by the\n FCC in the aviation and maritime radio services.\n\n (3) Element 6: Advanced radiotelegraph. Questions concerning technical, legal and other matters\n applicable to the operation of all classes of radiotelegraph stations, including operating procedures\n and practices in the maritime mobile services of public correspondence, and associated matters\n such as radio navigational aids, message traffic routing and accounting, etc.\n\n (4) Element 7: GMDSS radio operating practices. Questions concerning GMDSS radio operating\n procedures and practices sufficient to show detailed practical knowledge of the operation of all\n GMDSS sub-systems and equipment; ability to send and receive correctly by radiotelephone and\n narrow-band direct-printing telegraphy; detailed knowledge of the regulations applying to radio\n communications, knowledge of the documents relating to charges for radio communications and\n knowledge of those provisions of the International Convention for the Safety of Life at Sea which\n relate to radio; sufficient knowledge of English to be able to express oneself satisfactorily both orally\n and in writing; knowledge of and ability to perform each function listed in § 80.1081 of this chapter;\n and knowledge covering the requirements set forth in IMO Assembly Resolution on Training for\n Radio Personnel (GMDSS), Annex 3.\n\n (5) Element 7R: Restricted GMDSS radio operating practices. Questions concerning those GMDSS radio\n operating procedures and practices that are applicable to ship stations on vessels that sail\n exclusively in sea area A1, as defined in § 80.1069 of this chapter, sufficient to show detailed\n practical knowledge of the operation of pertinent GMDSS sub-systems and equipment; ability to\n send and receive correctly by radio telephone and narrow-band direct-printing telegraphy; detailed\n knowledge of the regulations governing radio communications within sea area A1, knowledge of the\n pertinent documents relating to charges for radio communications and knowledge of the pertinent\n provisions of the International Convention for the Safety of Life at Sea; sufficient knowledge of\n English to be able to express oneself satisfactorily both orally and in writing; knowledge of and ability\n to perform each pertinent function listed in § 80.1081 of this chapter; and knowledge covering the\n pertinent requirements set forth in IMO Assembly Resolution on Training for Radio Personnel\n (GMDSS), Annex 3.\n\n (6) Element 8: Ship radar techniques. Questions concerning specialized theory and practice applicable\n to the proper installation, servicing and maintenance of ship radar equipment in general use for\n marine navigational purposes.\n\n\n47 CFR 13.203(a)(6) (enhanced display) page 10 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.203(a)(7)\nCommercial Radio Operators\n\n\n (7) Element 9: GMDSS radio maintenance practices and procedures. Questions concerning the\n requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO\n Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System\n related to Sea Areas A3 and A4.\n\n (b) A telegraphy examination (telegraphy Elements) must prove that the examinee has the ability to send\n correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the\n prescribed speed, using all the letters of the alphabet, numerals 0–9, period, comma, question mark, slant\n mark, and prosigns AR, BT, and SK.\n\n (1) Telegraphy Element 1: 16 code groups per minute.\n\n (2) Telegraphy Element 2: 20 words per minute.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 69 FR 64671, Nov. 8, 2004; 73 FR 4479, Jan. 25, 2008; 78 FR 23154, Apr. 18, 2013]\n\n\n§ 13.207 Preparing an examination.\n (a) Each telegraphy message and each written question set administered to an examinee for a commercial\n radio operator license must be provided by a COLEM.\n\n (b) Each question set administered to an examinee must utilize questions taken from the applicable Element\n question pool. The COLEM may obtain the written question sets from a supplier or other COLEM.\n\n (c) A telegraphy examination must consist of a plain language text or code group message sent in the\n international Morse code at no less than the prescribed speed for a minimum of five minutes. The\n message must contain each required telegraphy character at least once. No message known to the\n examinee may be administered in a telegraphy examination. Each five letters of the alphabet must be\n counted as one word or one code group. Each numeral, punctuation mark, and prosign must be counted\n as two letters of the alphabet. The COLEM may obtain the telegraphy message from a supplier or other\n COLEM.\n\n§ 13.209 Examination procedures.\n (a) Each examination for a commercial radio operator license must be administered at a location and a time\n specified by the COLEM. The COLEM is responsible for the proper conduct and necessary supervision of\n each examination. The COLEM must immediately terminate the examination upon failure of the examinee\n to comply with its instructions.\n\n (b) Each examinee, when taking an examination for a commercial radio operator license, shall comply with\n the instructions of the COLEM.\n\n (c) No examination that has been compromised shall be administered to any examinee. Neither the same\n telegraphy message nor the same question set may be re-administered to the same examinee.\n\n (d) Passing a telegraphy examination. Passing a telegraphy receiving examination is adequate proof of an\n examinee's ability to both send and receive telegraphy. The COLEM, however, may also include a sending\n segment in a telegraphy examination.\n\n (1) To pass a receiving telegraphy examination, an examinee is required to receive correctly the\n message by ear, for a period of 1 minute without error at the rate of speed specified in § 13.203(b).\n\n (2) To pass a sending telegraphy examination, an examinee is required to send correctly for a period of\n one minute at the rate of speed specified in § 13.203(b).\n47 CFR 13.209(d)(2) (enhanced display) page 11 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.209(e)\nCommercial Radio Operators\n\n\n (e) The COLEM is responsible for determining the correctness of he examinee's answers. When the examinee\n does not score a passing grade on an examination element, the COLEM must inform the examinee of the\n grade.\n\n (f) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any\n physical disability, be denied the privilege of applying and being permitted to attempt to prove his or her\n qualifications (by examination if examination is required) for such commercial radio operator license in\n accordance with procedures established by the COLEM.\n\n (g) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any\n physical handicap, be denied the privilege of applying and being permitted to attempt to prove his or her\n qualifications (by examination if examination is required) for such commercial radio operator license in\n accordance with procedures established by the COLEM.\n\n (h) The COLEM must accommodate an examinee whose physical disabilities require a special examination\n procedure. The COLEM may require a physician's certification indicating the nature of the disability before\n determining which, if any, special procedures are appropriate to use. In the case of a blind examinee, the\n examination questions may be read aloud and the examinee may answer orally. A blind examinee wishing\n to use this procedure must make arrangements with the COLEM prior to the date the examination is\n desired.\n\n (i) The FCC may:\n\n (1) Administer any examination element itself.\n\n (2) Readminister any examination element previously administered by a COLEM, either itself or by\n designating another COLEM to readminister the examination element.\n\n (3) Cancel the commercial operator license(s) of any licensee who fails to appear for re-administration\n of an examination when directed by the FCC, or who fails any required element that is re-\n administered. In case of such cancellation, the person will be issued an operator license consistent\n with completed examination elements that have not been invalidated by not appearing for, or by\n failing, the examination upon re-administration.\n\n[58 FR 9124, Feb. 19, 1993, as amended at 78 FR 23154, Apr. 18, 2013]\n\n\n§ 13.211 Commercial radio operator license examination.\n (a) Each session where an examination for a commercial radio operator license is administered must be\n managed by a COLEM or the FCC.\n\n (b) Each examination for a commercial radio operator license must be administered as determined by the\n COLEM.\n\n (c) The COLEM may limit the number of candidates at any examination.\n\n (d) The COLEM may prohibit from the examination area items the COLEM determines could compromise the\n integrity of an examination or distract examinees.\n\n (e) Within 3 business days of completion of the examination Element(s), the COLEM must provide the results\n of the examination to the examinee and the COLEM must issue a PPC to an examinee who scores a\n passing grade on an examination Element.\n\n (f) A PPC is valid for 365 days from the date it is issued.\n47 CFR 13.211(f) (enhanced display) page 12 of 13\n\f47 CFR Part 13 (up to date as of 2/20/2024)\n 47 CFR 13.213\nCommercial Radio Operators\n\n\n[58 FR 9124, Feb. 19, 1993, as amended at 78 FR 23154, Apr. 18, 2013]\n\n\n§ 13.213 COLEM qualifications.\nNo entity may serve as a COLEM unless it has entered into a written agreement with the FCC. In order to be eligible\nto be a COLEM, the entity must:\n\n (a) Agree to abide by the terms of the agreement;\n\n (b) Be capable of serving as a COLEM;\n\n (c) Agree to coordinate examinations for one or more types of commercial radio operator licenses and/or\n endorsements;\n\n (d) Agree to assure that, for any examination, every examinee eligible under these rules is registered without\n regard to race, sex, religion, national origin or membership (or lack thereof) in any organization;\n\n (e) Agree to make any examination records available to the FCC, upon request.\n\n (f) Agree not to administer an examination to an employee, relative, or relative of an employee.\n\n§ 13.215 Question pools.\nThe question pool for each written examination element will be composed of questions acceptable to the FCC. Each\nquestion pool must contain at least five (5) times the number of questions required for a single examination. The\nFCC will issue public announcements detailing the questions in the pool for each element. COLEMs must use only\ncurrently-authorized (through public notice or other appropriate means) question pools when preparing a question\nset for a written examination element.\n\n[73 FR 4479, Jan. 25, 2008]\n\n\n§ 13.217 Records.\nEach COLEM recovering fees from examinees must maintain records of expenses and revenues, frequency of\nexaminations administered, and examination pass rates. Records must cover the period from January 1 to\nDecember 31 of the preceding year and must be submitted as directed by the Commission. Each COLEM must\nretain records for 3 years and the records must be made available to the FCC upon request.\n\n[78 FR 23154, Apr. 18, 2013]\n\n\n\n\n47 CFR 13.217 (enhanced display) page 13 of 13\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":49,"cells":{"Content":{"kind":"string","value":"47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR Part 20 (Feb. 20, 2024)\nCommercial Mobile Services\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 20 Commercial Mobile Services\n § 20.1 Purpose.\n § 20.2 Other applicable rule parts.\n § 20.3 Definitions.\n § 20.5 Citizenship.\n § 20.6 CMRS spectrum aggregation limit.\n §§ 20.7-20.9 [Reserved]\n § 20.11 Interconnection to facilities of local exchange carriers.\n § 20.12 Resale and roaming.\n § 20.13 State petitions for authority to regulate rates.\n § 20.15 Requirements under Title II of the Communications Act.\n § 20.18 [Reserved]\n § 20.19 Hearing aid-compatible mobile handsets.\n § 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange\n Carriers.\n § 20.21 Signal boosters.\n § 20.22 Rules governing mobile spectrum holdings.\n § 20.23 Contraband wireless devices in correctional facilities.\n\n\nPART 20—COMMERCIAL MOBILE SERVICES\nAuthority: 47 U.S.C. 151, 152(a), 154(i), 155, 157, 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307,\n 307(a), 309, 309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, and 615c, unless otherwise noted.\n\nSource: 59 FR 18495, Apr. 19, 1994, unless otherwise noted.\n\n\n\n§ 20.1 Purpose.\nThe purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio\nservice providers.\n\n§ 20.2 Other applicable rule parts.\nOther FCC rule parts applicable to licensees in the commercial mobile radio services include the following:\n\n\n47 CFR 20.2 (enhanced display) page 1 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.2(a)\nCommercial Mobile Services\n\n\n (a) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions\n concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the\n environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter, if\n applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for\n the Wireless Telecommunications Services and the procedures for filing electronically via the ULS.\n\n (b) Part 2. This part contains the Table of Frequency Allocations and special requirements in international\n regulations, recommendations, agreements, and treaties. This part also contains standards and\n procedures concerning the marketing and importation of radio frequency devices, and for obtaining\n equipment authorization.\n\n (c) Part 9. This part contains 911 and E911 requirements applicable to telecommunications carriers and\n commercial mobile radio service (CMRS) providers.\n\n[78 FR 21559, Apr. 11, 2013, as amended at 84 FR 66779, Dec. 5, 2019]\n\n\n§ 20.3 Definitions.\n Automatic Roaming. With automatic roaming, under a pre-existing contractual agreement between a\n subscriber's home carrier and a host carrier, a roaming subscriber is able to originate or terminate a call in\n the host carrier's service area without taking any special actions.\n\n CIS Operator. An operator of a CIS at a correctional facility, whether a CIS solutions provider, or a DCFO or\n responsible party that deploys its own CIS at a correctional facility.\n\n Commercial mobile data service.\n\n (1) Any mobile data service that is not interconnected with the public switched network and is:\n\n (i) Provided for profit; and\n\n (ii) Available to the public or to such classes of eligible users as to be effectively available to the\n public.\n\n (2) Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary\n Terrestrial Component providers to the extent the services provided meet this definition.\n\n Commercial mobile radio service. A mobile service that is:\n\n (a)\n\n (1) provided for profit, i.e., with the intent of receiving compensation or monetary gain;\n\n (2) An interconnected service; and\n\n (3) Available to the public, or to such classes of eligible users as to be effectively available to a\n substantial portion of the public; or\n\n (b) The functional equivalent of such a mobile service described in paragraph (a) of this definition.\n\n (c) A variety of factors may be evaluated to make a determination whether the mobile service in\n question is the functional equivalent of a commercial mobile radio service, including: Consumer\n demand for the service to determine whether the service is closely substitutable for a commercial\n\n\n47 CFR 20.3 “Commercial mobile radio service” (c) (enhanced display) page 2 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.3 “Commercial mobile radio service” (d)\nCommercial Mobile Services\n\n\n mobile radio service; whether changes in price for the service under examination, or for the\n comparable commercial mobile radio service, would prompt customers to change from one service\n to the other; and market research information identifying the targeted market for the service under\n review.\n\n (d) Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of\n Commercial mobile radio service.\n\n Consumer Signal Booster. A bi-directional signal booster that is marketed and sold for use without modification.\n\n Contraband Interdiction System. A Contraband Interdiction System (CIS) is any system comprised of one or\n more stations that is used only at a permanent correctional facility that is authorized to operate such\n systems pursuant to this part and that is designed exclusively to prevent transmissions to or from\n contraband wireless devices within the boundaries of the facility and/or to obtain identifying information\n from such contraband wireless devices.\n\n Designated Correctional Facility Official. A Designated Correctional Facility Official (DCFO) is an official of the\n state, local, or Federal government responsible for administration and oversight of the relevant\n correctional facility where a contraband wireless device is located.\n\n (1) In government-run correctional facilities, this definition requires the DCFO to be, at a minimum, the\n official with responsibility for oversight of the relevant facility (e.g., the warden) or higher ranking\n official.\n\n (2) In privately-run correctional facilities, this definition requires the DCFO to be a government official\n with responsibility for oversight of the facility's performance through contract.\n\n Fixed Consumer Signal Booster. A Consumer Signal Booster designed to be operated in a fixed location in a\n building.\n\n Host Carrier. For automatic roaming, the host carrier is a facilities-based CMRS carrier on whose system another\n carrier's subscriber roams. A facilities-based CMRS carrier may, on behalf of its subscribers, request\n automatic roaming service from a host carrier.\n\n Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in\n the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer\n real-time, two-way voice service that is interconnected with the public switched network.\n\n Industrial Signal Booster: All signal boosters other than Consumer Signal Boosters.\n\n Interconnection or Interconnected. Direct or indirect connection through automatic or manual means (by wire,\n microwave, or other technologies such as store and forward) to permit the transmission or reception of\n messages or signals to or from points in the public switched network.\n\n Interconnected Service. A service:\n\n (a) That is interconnected with the public switched network, or interconnected with the public switched\n network through an interconnected service provider, that gives subscribers the capability to\n communicate to or receive communication from all other users on the public switched network; or\n\n (b) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the\n Communications Act, 47 U.S.C. 332(c)(1)(B). A mobile service offers interconnected service even if\n the service allows subscribers to access the public switched network only during specified hours of\n the day, or if the service provides general access to points on the public switched network but also\n\n47 CFR 20.3 “Interconnected Service” (b) (enhanced display) page 3 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.3 “Managed Access System”\nCommercial Mobile Services\n\n\n restricts access in certain limited ways. Interconnected service does not include any interface\n between a licensee's facilities and the public switched network exclusively for a licensee's internal\n control purposes.\n\n Managed Access System. A Managed Access System (MAS) is a Contraband Interdiction System whose\n operations require:\n\n (1) One or more lease agreements with CMRS operators; and\n\n (2) Real-time awareness of wireless provider spectrum use in the vicinity of the correctional facility\n where it is deployed.\n\n Manual Roaming. With manual roaming, a subscriber must establish a relationship with the host carrier on\n whose system he or she wants to roam in order to make a call. Typically, the roaming subscriber\n accomplishes this in the course of attempting to originate a call by giving a valid credit card number to\n the carrier providing the roaming service.\n\n Mobile Consumer Signal Booster. A Consumer Signal Booster designed to operate in a moving vehicle where\n both uplink and downlink transmitting antennas are at least 20 cm from the user or any other person.\n\n Mobile Service. A radio communication service carried on between mobile stations or receivers and land\n stations, and by mobile stations communicating among themselves, and includes:\n\n (a) Both one-way and two-way radio communications services;\n\n (b) A mobile service which provides a regularly interacting group of base, mobile, portable, and\n associated control and relay stations (whether licensed on an individual, cooperative, or multiple\n basis) for private one-way or two-way land mobile radio communications by eligible users over\n designated areas of operation; and\n\n (c) Any service for which a license is required in a personal communications service under part 24 of\n this chapter.\n\n Non-individual. A non-individual is a partnership and each partner is eighteen years of age or older; a\n corporation; an association; a state, territorial, or local government unit; or a legal entity.\n\n Private mobile radio service. A mobile service that meets neither the paragraph (a) nor paragraph (b) definitions\n of commercial mobile radio service set forth in this section. A mobile service that does not meet the\n paragraph (a) definition of commercial mobile radio service in this section is presumed to be a private\n mobile radio service. Private mobile radio service includes the following:\n\n (a) Not-for-profit land mobile radio and paging services that serve the licensee's internal\n communications needs as defined in part 90 of this chapter. Shared-use, cost-sharing, or\n cooperative arrangements, multiple licensed systems that use third party managers or users\n combining resources to meet compatible needs for specialized internal communications facilities in\n compliance with the safeguards of § 90.179 of this chapter are presumptively private mobile radio\n services;\n\n (b) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in\n the Public Safety Radio Pool and Radiolocation service.\n\n (c) 220–222 MHz land mobile service and Automatic Vehicle Monitoring systems (part 90 of this\n chapter) that do not offer interconnected service or that are not-for-profit; and\n\n\n\n47 CFR 20.3 “Private mobile radio service” (c) (enhanced display) page 4 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.3 “Private mobile radio service” (d)\nCommercial Mobile Services\n\n\n (d) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio\n Services, and Citizens Band Radio Services); Maritime Service Stations (excluding Public Coast\n stations) (part 80 of this chapter); and Aviation Service Stations (part 87 of this chapter).\n\n Provider-Specific Consumer Signal Boosters. Provider-Specific Consumer Signal Boosters may only operate on\n the frequencies and in the market areas of the specified licensee(s). Provider-Specific Consumer Signal\n Boosters may only be certificated and operated with the consent of the licensee(s) whose frequencies are\n being amplified by the device.\n\n Public Switched Network. Any common carrier switched network, whether by wire or radio, including local\n exchange carriers, interexchange carriers, and mobile service providers, that uses the North American\n Numbering Plan in connection with the provision of switched services.\n\n Signal booster. A device that automatically receives, amplifies, and retransmits on a bi- or unidirectional basis,\n the signals received from base, fixed, mobile, or portable stations, with no change in frequency or\n authorized bandwidth.\n\n Signal booster operator. The signal booster operator is the person or persons with control over the functioning of\n the signal booster, or the person or persons with the ability to deactivate it in the event of technical\n malfunctioning or harmful interference to a primary radio service.\n\n Wideband Consumer Signal Boosters. Wideband Consumer Signal Boosters may operate on the frequencies and\n in the market areas of multiple licensees.\n\n[59 FR 18495, Apr. 19, 1994]\n\n\nEditorial Note: For FEDERAL REGISTER citations affecting § 20.3, see the List of CFR Sections Affected, which\nappears in the Finding Aids section of the printed volume and at www.govinfo.gov.\n\n\n§ 20.5 Citizenship.\n (a) This rule implements section 310 of the Communications Act, 47 U.S.C. 310, regarding the citizenship of\n licensees in the commercial mobile radio services. Commercial mobile radio service authorizations may\n not be granted to or held by:\n\n (1) Any foreign government or any representative thereof;\n\n (2) Any alien or the representative of any alien;\n\n (3) Any corporation organized under the laws of any foreign government;\n\n (4) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by\n aliens or their representatives or by a foreign government or representative thereof or by any\n corporation organized under the laws of a foreign country; or\n\n (5) Any corporation directly or indirectly controlled by any other corporation of which more than one-\n fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign\n government or representative thereof, or by any corporation organized under the laws of a foreign\n country, if the Commission finds that the public interest will be served by the refusal or revocation of\n such license.\n\n\n\n\n47 CFR 20.5(a)(5) (enhanced display) page 5 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.5(b)\nCommercial Mobile Services\n\n\n (b) The limits listed in paragraph (a) of this section may be exceeded by eligible individuals who held\n ownership interests on May 24, 1993, pursuant to the waiver provisions established in section 332(c)(6)\n of the Communications Act. Transfers of ownership to any other person in violation of paragraph (a) of\n this section are prohibited.\n\n[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]\n\n\n§ 20.6 CMRS spectrum aggregation limit.\n (a) Spectrum limitation. No licensee in the broadband PCS, cellular, or SMR services (including all parties\n under common control) regulated as CMRS (see 47 CFR 20.9) shall have an attributable interest in a total\n of more than 55 MHz of licensed broadband PCS, cellular, and SMR spectrum regulated as CMRS with\n significant overlap in any geographic area.\n\n (b) SMR spectrum. To calculate the amount of attributable SMR spectrum for purposes of paragraph (a) of\n this section, an entity must count all 800 MHz and 900 MHz channels located at any SMR base station\n inside the geographic area (MTA or BTA) where there is significant overlap. All 800 MHz channels located\n on at least one of those identified base stations count as 50 kHz (25 kHz paired), and all 900 MHz\n channels located on at least one of those identified base stations count as 25 kHz (12.5 kHz paired);\n provided that any discrete 800 or 900 MHz channel shall be counted only once per licensee within the\n geographic area, even if the licensee in question utilizes the same channel at more than one location\n within the relevant geographic area. No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR\n services will be attributed to an entity when determining compliance with the cap.\n\n (c) Significant overlap.\n\n (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and\n CGSA(s) (as defined in § 22.911 of this chapter) or SMR service area(s) occurs when at least 10\n percent of the population of the PCS licensed service area for the counties contained therein, as\n determined by the latest available decennial census figures as complied by the Bureau of the\n Census, is within the CGSA(s) and/or SMR service area(s).\n\n (2) The Commission shall presume that an SMR service area covers less than 10 percent of the\n population of a PCS service area if none of the base stations of the SMR licensee are located within\n the PCS service area. For an SMR licensee's base stations that are located within a PCS service area,\n the channels licensed at those sites will be presumed to cover 10 percent of the population of the\n PCS service area, unless the licensee shows that its protected service contour for all of its base\n stations covers less than 10 percent of the population of the PCS service area.\n\n (d) Ownership attribution. For purposes of paragraph (a) of this section, ownership and other interests in\n broadband PCS licensees, cellular licensees, or SMR licensees will be attributed to their holders pursuant\n to the following criteria:\n\n (1) Controlling interest shall be attributable. Controlling interest means majority voting equity ownership,\n any general partnership interest, or any means of actual working control (including negative control)\n over the operation of the licensee, in whatever manner exercised.\n\n (2) Partnership and other ownership interests and any stock interest amounting to 20 percent or more of\n the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR\n licensee shall be attributed, except that ownership will not be attributed unless the partnership and\n other ownership interests and any stock interest amount to at least 40 percent of the equity, or\n\n47 CFR 20.6(d)(2) (enhanced display) page 6 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.6(d)(3)\nCommercial Mobile Services\n\n\n outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR licensee if the\n ownership interest is held by a small business or a rural telephone company, as these terms are\n defined in § 1.2110 of this chapter or other related provisions of the Commission's rules, or if the\n ownership interest is held by an entity with a non-controlling equity interest in a broadband PCS\n licensee or applicant that is a small business.\n\n (3) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies and banks holding stock\n through their trust departments in trust accounts will be considered to have an attributable interest\n only if they hold 40 percent or more of the outstanding voting stock of a corporate broadband PCS,\n cellular or SMR licensee, or if any of the officers or directors of the broadband PCS, cellular or SMR\n licensee are representatives of the investment company, insurance company or bank concerned.\n Holdings by a bank or insurance company will be aggregated if the bank or insurance company has\n any right to determine how the stock will be voted. Holdings by investment companies will be\n aggregated if under common management.\n\n (4) Non-voting stock shall be attributed as an interest in the issuing entity if in excess of the amounts\n set forth in paragraph (d)(2) of this section.\n\n (5) Debt and instruments such as warrants, convertible debentures, options, or other interests (except\n non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until\n converted, except that this provision does not apply in determining whether an entity is a small\n business, a rural telephone company, or a business owned by minorities and/or women, as these\n terms are defined in § 1.2110 of this chapter or other related provisions of the Commission's rules.\n\n (6) Limited partnership interests shall be attributed to limited partners and shall be calculated according\n to both the percentage of equity paid in and the percentage of distribution of profits and losses.\n\n (7) Officers and directors of a broadband PCS licensee or applicant, cellular licensee, or SMR licensee\n shall be considered to have an attributable interest in the entity with which they are so associated.\n The officers and directors of an entity that controls a broadband PCS licensee or applicant, a cellular\n licensee, or an SMR licensee shall be considered to have an attributable interest in the broadband\n PCS licensee or applicant, cellular licensee, or SMR licensee.\n\n (8) Ownership interests that are held indirectly by any party through one or more intervening\n corporations will be determined by successive multiplication of the ownership percentages for each\n link in the vertical ownership chain and application of the relevant attribution benchmark to the\n resulting product, except that if the ownership percentage for an interest in any link in the chain\n exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent\n interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A's interest in licensee\n C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's interest in licensee C\n would be 20% because B's ownership of C exceeds 50%.)\n\n (9) Any person who manages the operations of a broadband PCS, cellular, or SMR licensee pursuant to a\n management agreement shall be considered to have an attributable interest in such licensee if such\n person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities\n that determine, or significantly influence,\n\n (i) The nature or types of services offered by such licensee;\n\n (ii) The terms upon which such services are offered; or\n\n (iii) The prices charged for such services.\n\n47 CFR 20.6(d)(9)(iii) (enhanced display) page 7 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.6(d)(10)\nCommercial Mobile Services\n\n\n (10) Any licensee or its affiliate who enters into a joint marketing arrangements with a broadband PCS,\n cellular, or SMR licensee, or its affiliate shall be considered to have an attributable interest, if such\n licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities\n that determine, or significantly influence,\n\n (i) The nature or types of services offered by such licensee;\n\n (ii) The terms upon which such services are offered; or\n\n (iii) The prices charged for such services.\n\n (e) Divestiture.\n\n (1) Divestiture of interests as a result of a transfer of control or assignment of authorization must occur\n prior to consummating the transfer or assignment, except that a licensee that meets the\n requirements set forth in paragraph (e)(2) of this section shall have 90 days from final grant to come\n into compliance with the spectrum aggregation limit.\n\n (2) An applicant with:\n\n (i) Controlling or attributable ownership interests in broadband PCS, cellular, and/or SMR licenses\n where the geographic license areas cover 20 percent or less of the applicant's service area\n population;\n\n (ii) Attributable interests in broadband PCS, cellular, and/or SMR licenses solely due to\n management agreements or joint marketing agreements; or\n\n (iii) Non-controlling attributable interests in broadband PCS, cellular, and/or SMR licenses,\n regardless of the degree to which the geographic license areas cover the applicant's service\n area population, shall be eligible to have its application granted subject to a condition that the\n licensee shall come into compliance with the spectrum limitation set out in paragraph (a) within\n ninety (90) days after final grant. For purposes of this paragraph, a “non-controlling attributable\n interest” is one in which the holder has less than a fifty (50) percent voting interest and there is\n an unaffiliated single holder of a fifty (50) percent or greater voting interest.\n\n (3) The applicant for a license that, if granted, would exceed the spectrum aggregation limitation in\n paragraph (a) of this section shall certify on its application that it and all parties to the application\n will come into compliance with this limitation. If such an applicant is a successful bidder in an\n auction, it must submit with its long-form application a signed statement describing its efforts to\n date and future plans to come into compliance with the spectrum aggregation limitation. A similar\n statement must also be included with any application for assignment of licenses or transfer of\n control that, if granted, would exceed the spectrum aggregation limit.\n\n (4)\n\n (i) Parties holding controlling interests in broadband PCS, cellular, and/or SMR licensees that\n conflict with the attribution threshold or geographic overlap limitations set forth in this section\n will be considered to have come into compliance if they have submitted to the Commission an\n application for assignment of license or transfer of control of the conflicting licensee (see §\n 1.948 of this chapter; see also § 24.839 of this chapter (PCS)) by which, if granted, such parties\n no longer would have an attributable interest in the conflicting license. Divestiture may be to an\n interim trustee if a buyer has not been secured in the required period of time, as long as the\n applicant has no interest in or control of the trustee, and the trustee may dispose of the license\n\n47 CFR 20.6(e)(4)(i) (enhanced display) page 8 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.6(e)(4)(ii)\nCommercial Mobile Services\n\n\n as it sees fit. Where parties to broadband PCS, cellular, or SMR applications hold less than\n controlling (but still attributable) interests in broadband PCS, cellular, or SMR licensee(s), they\n shall submit a certification that the applicant and all parties to the application have come into\n compliance with the limitations on spectrum aggregation set forth in this section.\n\n (ii) Applicants that meet the requirements of paragraph (e)(2) of this section must tender to the\n Commission within ninety (90) days of final grant of the initial license, such an assignment or\n transfer application or, in the case of less than controlling (but still attributable) interests, a\n written certification that the applicant and all parties to the application have come into\n compliance with the limitations on spectrum aggregation set forth in this section. If no such\n transfer or assignment application or certification is tendered to the Commission within ninety\n (90) days of final grant of the initial license, the Commission may consider the certification and\n the divestiture statement to be material, bad faith misrepresentations and shall invoke the\n condition on the initial license or the assignment or transfer, cancelling or rescinding it\n automatically, shall retain all monies paid to the Commission, and, based on the facts\n presented, shall take any other action it may deem appropriate.\n\n (f) Sunset. This rule section shall cease to be effective January 1, 2003.\n\n\n Note 1 to § 20.6: For purposes of the ownership attribution limit, all ownership interests in\n operations that serve at least 10 percent of the population of the PCS service area should be\n included in determining the extent of a PCS applicant's cellular or SMR ownership.\n\n\n Note 2 to § 20.6: When a party owns an attributable interest in more than one cellular or SMR\n system that overlaps a PCS service area, the total population in the overlap area will apply on a\n cumulative basis.\n\n\n Note 3 to § 20.6: Waivers of § 20.6(d) may be granted upon an affirmative showing:\n (1) That the interest holder has less than a 50 percent voting interest in the licensee and there is\n an unaffiliated single holder of a 50 percent or greater voting interest;\n\n (2) That the interest holder is not likely to affect the local market in an anticompetitive manner;\n\n (3) That the interest holder is not involved in the operations of the licensee and does not have the\n ability to influence the licensee on a regular basis; and\n\n (4) That grant of a waiver is in the public interest because the benefits to the public of common\n ownership outweigh any potential anticompetitive harm to the market.\n\n\n\n[64 FR 54574, Oct. 7, 1999, as amended at 67 FR 1642, Jan. 14, 2002]\n\n\n§§ 20.7-20.9 [Reserved]\n\n\n47 CFR 20.7-20.9 (enhanced display) page 9 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.11\nCommercial Mobile Services\n\n\n§ 20.11 Interconnection to facilities of local exchange carriers.\n (a) A local exchange carrier must provide the type of interconnection reasonably requested by a mobile\n service licensee or carrier, within a reasonable time after the request, unless such interconnection is not\n technically feasible or economically reasonable. Complaints against carriers under section 208 of the\n Communications Act, 47 U.S.C. 208, alleging a violation of this section shall follow the requirements of §§\n 1.711–1.734 of this chapter, 47 CFR 1.711–1.734.\n\n (b) Local exchange carriers and commercial mobile radio service providers shall exchange Non-Access\n Telecommunications Traffic, as defined in § 51.701 of this chapter, under a bill-and-keep arrangement, as\n defined in § 51.713 of this chapter, unless they mutually agree otherwise.\n\n (c) Local exchange carriers and commercial mobile radio service providers shall also comply with applicable\n provisions of part 51 of this chapter.\n\n (d) Local exchange carriers may not impose compensation obligations for traffic not subject to access\n charges upon commercial mobile radio service providers pursuant to tariffs.\n\n (e) An incumbent local exchange carrier may request interconnection from a commercial mobile radio service\n provider and invoke the negotiation and arbitration procedures contained in section 252 of the Act. A\n commercial mobile radio service provider receiving a request for interconnection must negotiate in good\n faith and must, if requested, submit to arbitration by the state commission.\n\n[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996; 70 FR 16145, Mar. 30, 2005; 76 FR 73852, Nov. 29, 2011;\n77 FR 1640, Jan. 11, 2012]\n\n\n§ 20.12 Resale and roaming.\n (a)\n\n (1) Scope of manual roaming and resale. Paragraph (c) of this section is applicable to providers of\n Broadband Personal Communications Services (part 24, subpart E of this chapter), Cellular Radio\n Telephone Service (part 22, subpart H of this chapter), Specialized Mobile Radio Services in the 800\n MHz and 900 MHz bands (included in part 90, subpart S of this chapter), and 900 MHz Broadband\n Service (included in part 27, subpart P of this chapter) if such providers offer real-time, two-way\n switched voice or data service that is interconnected with the public switched network and utilizes\n an in-network switching facility that enables the provider to re-use frequencies and accomplish\n seamless hand-offs of subscriber calls. The scope of paragraph (b) of this section, concerning the\n resale rule, is further limited so as to exclude from the requirements of that paragraph those\n Broadband Personal Communications Services C, D, E, and F block licensees that do not own and\n control and are not owned and controlled by firms also holding cellular A or B block licenses.\n\n (2) Scope of automatic roaming. Paragraph (d) of this section is applicable to CMRS carriers if such\n carriers offer real-time, two-way switched voice or data service that is interconnected with the public\n switched network and utilizes an in-network switching facility that enables the carrier to re-use\n frequencies and accomplish seamless hand-offs of subscriber calls. Paragraph (d) of this section is\n also applicable to the provision of push-to-talk and text-messaging service by CMRS carriers.\n\n (3) Scope of offering roaming arrangements for commercial mobile data services. Paragraph (e) of this\n section is applicable to all facilities-based providers of commercial mobile data services.\n\n (b) Resale. The resale rule is applicable as follows:\n\n47 CFR 20.12(b) (enhanced display) page 10 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.12(b)(1)\nCommercial Mobile Services\n\n\n (1) Each carrier subject to paragraph (b) of this section shall not restrict the resale of its services, unless\n the carrier demonstrates that the restriction is reasonable.\n\n (2) The resale requirement shall not apply to customer premises equipment, whether or not it is bundled\n with services subject to the resale requirement in this paragraph.\n\n (3) This paragraph shall cease to be effective five years after the last group of initial licenses for\n broadband PCS spectrum in the 1850–1910 and the 1930–1990 MHz bands is awarded; i.e., at the\n close of November 24, 2002.\n\n (c) Manual roaming. Each carrier subject to paragraph (a)(1) of this section must provide mobile radio service\n upon request to all subscribers in good standing to the services of any carrier subject to paragraph (a)(1)\n of this section, including roamers, while such subscribers are located within any portion of the licensee's\n licensed service area where facilities have been constructed and service to subscribers has commenced,\n if such subscribers are using mobile equipment that is technically compatible with the licensee's base\n stations.\n\n (d) Automatic roaming. Upon a reasonable request, it shall be the duty of each host carrier subject to\n paragraph (a)(2) of this section to provide automatic roaming to any technologically compatible, facilities-\n based CMRS carrier on reasonable and not unreasonably discriminatory terms and conditions, pursuant\n to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202. The Commission shall\n presume that a request by a technologically compatible CMRS carrier for automatic roaming is\n reasonable pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202. This\n presumption may be rebutted on a case by case basis. The Commission will resolve automatic roaming\n disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in\n each case.\n\n (e) Offering roaming arrangements for commercial mobile data services.\n\n (1) A facilities-based provider of commercial mobile data services is required to offer roaming\n arrangements to other such providers on commercially reasonable terms and conditions, subject to\n the following limitations:\n\n (i) Providers may negotiate the terms of their roaming arrangements on an individualized basis;\n\n (ii) It is reasonable for a provider not to offer a data roaming arrangement to a requesting provider\n that is not technologically compatible;\n\n (iii) It is reasonable for a provider not to offer a data roaming arrangement where it is not\n technically feasible to provide roaming for the particular data service for which roaming is\n requested and any changes to the host provider's network necessary to accommodate roaming\n for such data service are not economically reasonable;\n\n (iv) It is reasonable for a provider to condition the effectiveness of a roaming arrangement on the\n requesting provider's provision of mobile data service to its own subscribers using a generation\n of wireless technology comparable to the technology on which the requesting provider seeks to\n roam.\n\n (2) A party alleging a violation of this section may file a formal or informal complaint pursuant to the\n procedures in §§ 1.716 through 1.718, 1.720, 1.721, and 1.723 through 1.735 of this chapter, which\n sections are incorporated herein. For purposes of § 20.12(e), references to a “carrier” or “common\n carrier” in the formal and informal complaint procedures incorporated herein will mean a provider of\n commercial mobile data services. The Commission will resolve such disputes on a case-by-case\n\n47 CFR 20.12(e)(2) (enhanced display) page 11 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.13\nCommercial Mobile Services\n\n\n basis, taking into consideration the totality of the circumstances presented in each case. The remedy\n of damages shall not be available in connection with any complaint alleging a violation of this\n section. Whether the appropriate procedural vehicle for a dispute is a complaint under this paragraph\n or a petition for declaratory ruling under § 1.2 of this chapter may vary depending on the\n circumstances of each case.\n\n[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000; 72 FR 50074, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010;\n76 FR 26220, May 6, 2011; 85 FR 43134, July 16, 2020]\n\n\n§ 20.13 State petitions for authority to regulate rates.\n (a) States may petition for authority to regulate the intrastate rates of any commercial mobile radio service.\n The petition must include the following:\n\n (1) Demonstrative evidence that market conditions in the state for commercial mobile radio services do\n not adequately protect subscribers to such services from unjust and unreasonable rates or rates that\n are unjustly or unreasonably discriminatory. Alternatively, a state's petition may include\n demonstrative evidence showing that market conditions for commercial mobile radio services do\n not protect subscribers adequately from unjust and unreasonable rates, or rates that are unjustly or\n unreasonably discriminatory, and that a substantial portion of the commercial mobile radio service\n subscribers in the state or a specified geographic area have no alternative means of obtaining basic\n telephone service. This showing may include evidence of the range of basic telephone service\n alternatives available to consumers in the state.\n\n (2) The following is a non-exhaustive list of examples of the types of evidence, information, and analysis\n that may be considered pertinent to determine market conditions and consumer protection by the\n Commission in reviewing any petition filed by a state under this section:\n\n (i) The number of commercial mobile radio service providers in the state, the types of services\n offered by commercial mobile radio service providers in the state, and the period of time that\n these providers have offered service in the state;\n\n (ii) The number of customers of each commercial mobile radio service provider in the state; trends\n in each provider's customer base during the most recent annual period or other data covering\n another reasonable period if annual data is unavailable; and annual revenues and rates of return\n for each commercial mobile radio service provider;\n\n (iii) Rate information for each commercial mobile radio service provider, including trends in each\n provider's rates during the most recent annual period or other data covering another reasonable\n period if annual data is unavailable;\n\n (iv) An assessment of the extent to which services offered by the commercial mobile radio service\n providers the state proposes to regulate are substitutable for services offered by other carriers\n in the state;\n\n (v) Opportunities for new providers to enter into the provision of competing services, and an\n analysis of any barriers to such entry;\n\n (vi) Specific allegations of fact (supported by affidavit of person with personal knowledge)\n regarding anti-competitive or discriminatory practices or behavior by commercial mobile radio\n service providers in the state;\n\n\n47 CFR 20.13(a)(2)(vi) (enhanced display) page 12 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.13(a)(2)(vii)\nCommercial Mobile Services\n\n\n (vii) Evidence, information, and analysis demonstrating with particularity instances of systematic\n unjust and unreasonable rates, or rates that are unjust or unreasonably discriminatory, imposed\n upon commercial mobile radio service subscribers. Such evidence should include an\n examination of the relationship between rates and costs. Additionally, evidence of a pattern of\n such rates, that demonstrates the inability of the commercial mobile radio service marketplace\n in the state to produce reasonable rates through competitive forces will be considered\n especially probative; and\n\n (viii) Information regarding customer satisfaction or dissatisfaction with services offered by\n commercial mobile radio service providers, including statistics and other information about\n complaints filed with the state regulatory commission.\n\n (3) Petitions must include a certification that the state agency filing the petition is the duly authorized\n state agency responsible for the regulation of telecommunication services provided in the state.\n\n (4) Petitions must identify and describe in detail the rules the state proposes to establish if the petition\n is granted.\n\n (5) States have the burden of proof. Interested parties may file comments in support or in opposition to\n the petition within 30 days after public notice of the filing of a petition by a state under this section.\n Any interested party may file a reply within 15 days after the expiration of the filing period for\n comments. No additional pleadings may be filed. Except for § 1.45 of this chapter, practice and\n procedure rules contained in §§ 1.42–1.52 of this chapter shall apply. The provisions of §§\n 1.771–1.773 of this chapter do not apply.\n\n (6) The Commission shall act upon any petition filed by a state under this paragraph not later than the\n end of the nine-month period after the filing of the petition.\n\n (7) If the Commission grants the petition, it shall authorize the state to regulate rates for commercial\n mobile radio services in the state during a reasonable period of time, as specified by the\n Commission. The period of time specified by the Commission will be that necessary to ensure that\n rates are just and reasonable, or not unjustly or unreasonably discriminatory.\n\n (b) States that regulated rates for commercial mobile services as of June 1, 1993, may petition the\n Commission under this section before August 10, 1994, to extend this authority.\n\n (1) The petition will be acted upon by the Commission in accordance with the provisions of paragraphs\n (a)(1) through (a)(5) of this section.\n\n (2) The Commission shall act upon the petition (including any reconsideration) not later than the end of\n the 12-month period following the date of the filing of the petition by the state involved. Commercial\n mobile radio service providers offering such service in the state shall comply with the existing\n regulations of the state until the petition and any reconsideration of the petition are acted upon by\n the Commission.\n\n (3) The provisions of paragraph (a)(7) of this section apply to any petition granted by the Commission\n under this paragraph.\n\n (c) No sooner than 18 months from grant of authority by the Commission under this section for state rate\n regulations, any interested party may petition the Commission for an order to discontinue state authority\n for rate regulation.\n\n\n\n47 CFR 20.13(c) (enhanced display) page 13 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.13(c)(1)\nCommercial Mobile Services\n\n\n (1) Petitions to discontinue state authority for rate regulation must be based on recent empirical data or\n other significant evidence demonstrating that the exercise of rate authority by a state is no longer\n necessary to ensure that the rates for commercial mobile are just and reasonable or not unjustly or\n unreasonably discriminatory.\n\n (2) Any interested party may file comments in support of or in opposition to the petition within 30 days\n after public notice of the filing of the petition. Any interested party may file a reply within 15 days\n after the time for filing comments has expired. No additional pleadings may be filed. Except for 1.45\n of this chapter, practice and procedure rules contained in § 1.42–1.52 of this chapter apply. The\n provisions of §§ 1.771–1.773 of this chapter do not apply.\n\n (3) The Commission shall act upon any petition filed by any interested party under this paragraph within\n nine months after the filing of the petition.\n\n§ 20.15 Requirements under Title II of the Communications Act.\n (a) Commercial mobile radio services providers, to the extent applicable, must comply with sections 201, 202,\n 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 201, 202,\n 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 of this chapter, 47 CFR part 68; and §§\n 1.701–1.748, and 1.815 of this chapter, 47 CFR 1.701–1.748, 1.815.\n\n (b) Commercial mobile radio service providers are not required to:\n\n (1) File with the Commission copies of contracts entered into with other carriers or comply with other\n reporting requirements, or with §§ 1.781 through 1.814 and 43.21 of this chapter; except that\n commercial radio service providers that are facilities-based providers of broadband service or\n facilities-based providers of mobile telephony service, as described in § 1.7001(b)(1) and (3) of this\n chapter, are required to file reports pursuant to §§ 1.7000–1.7002 of this chapter. For purposes of\n this section, mobile telephony is defined as real-time, two-way switched voice service that is\n interconnected with the public switched network utilizing an in-network switching facility that\n enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls.\n\n (2) Seek authority for interlocking directors (section 212 of the Communications Act);\n\n (3) Submit applications for new facilities or discontinuance of existing facilities (section 214 of the\n Communications Act).\n\n (c) Commercial mobile radio service providers shall not file tariffs for international and interstate service to\n their customers, interstate access service, or international and interstate operator service. Sections 1.771\n through 1.773 and part 61 of this chapter are not applicable to international and interstate services\n provided by commercial mobile radio service providers. Commercial mobile radio service providers shall\n cancel tariffs for international and interstate service to their customers, interstate access service, and\n international and interstate operator service.\n\n (d) Except as specified as in paragraphs (d)(1) and (2), nothing in this section shall be construed to modify\n the Commission's rules and policies on the provision of international service under part 63 of this chapter.\n\n (1) Notwithstanding the provisions of § 63.21(c) of this chapter, a commercial mobile radio service\n provider is not required to comply with § 42.10 of this chapter.\n\n (2) A commercial mobile radio service (CMRS) provider that is classified as dominant under § 63.10 of\n this chapter due to an affiliation with a foreign carrier is required to comply with § 42.11 of this\n chapter if the affiliated foreign carrier collects settlement payments from U.S. carriers for\n\n47 CFR 20.15(d)(2) (enhanced display) page 14 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.15(d)(3)\nCommercial Mobile Services\n\n\n terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider\n is not required to comply with § 42.11, however, if it provides service on the affiliated route solely\n through the resale of an unaffiliated facilities-based provider's international switched services.\n\n (3) For purposes of paragraphs (d)(1) and (2) of this section, affiliated and foreign carrier are defined in §\n 63.09 of this Chapter.\n\n (e) For obligations of commercial mobile radio service providers to provide local number portability, see §\n 52.1 of this chapter.\n\n[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000;\n65 FR 24654, Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR 77938, Dec. 29, 2004; ; 85 FR 838, Jan. 8, 2020]\n\n\n§ 20.18 [Reserved]\n§ 20.19 Hearing aid-compatible mobile handsets.\n (a) Definitions. For purposes of this section:\n\n 2007 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies\n between 800 MHz and 3 GHz as set forth in ANSI C63.19–2007.\n\n 2011 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies\n between 698 MHz and 6 GHz as set forth in ANSI C63.19–2011.\n\n 2019 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies\n between 614 MHz and 6 GHz as set forth in ANSI C63.19–2019.\n\n ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as a group.\n\n Any version of the ANSI standard previous to the 2019 ANSI standard refers to the 2007 and 2011 ANSI\n standards.\n\n Digital mobile service refers to a terrestrial mobile service that enables two-way real-time voice\n communications among members of the public or a substantial portion of the public, including both\n interconnected and non-interconnected voice over internet protocol (VoIP) services, to the extent\n that such service is provided over frequencies specified in the 2007 ANSI standard, 2011 ANSI\n standard or the 2019 ANSI standard.\n\n Handset refers to a device used in delivery of digital mobile service in the United States that contains a\n built-in speaker and is typically held to the ear in any of its ordinary uses.\n\n Manufacturer refers to a manufacturer of handsets that are used in delivery of digital mobile service, as\n defined in this section, in the United States.\n\n Model refers to a wireless handset device that a manufacturer has designated as a distinct device model,\n consistent with its own marketing practices. However, if a manufacturer assigns different model\n device designations solely to distinguish units sold to different carriers, or to signify other\n distinctions that do not relate to either form, features, or capabilities, such designations shall not\n count as distinct models for purposes of this section.\n\n Service provider refers to a provider of digital mobile service, as defined in this section, in the United States.\n\n Tier I carrier refers to a CMRS provider that offers such service nationwide.\n\n\n47 CFR 20.19(a) “Tier I carrier” (enhanced display) page 15 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(a) “Volume control requirements”\nCommercial Mobile Services\n\n\n Volume control requirements refers to the technical standard established by ANSI/TIA–5050–2018.\n\n (b) Hearing aid compatibility; technical standards —\n\n (1) Handset compatibility on or after June 5, 2023. In order to satisfy a manufacturer or service\n provider's obligations under paragraphs (c) and (d) of this section, a handset submitted for\n equipment certification or for a permissive change relating to hearing aid compatibility on or after\n June 5, 2023 must meet the 2019 ANSI standard.\n\n (2) Handset compatibility before June 5, 2023. In order to satisfy a manufacturer or service provider's\n obligations under paragraphs (c) and (d) of this section, a handset submitted for equipment\n certification or for a permissive change relating to hearing aid compatibility before June 5, 2023\n must meet either:\n\n (i) At a minimum, the M3 and T3 ratings associated with the 2011 ANSI standard; or\n\n (ii) The 2019 ANSI standard.\n\n (3) Handsets operating over multiple frequency bands or air interfaces.\n\n (i) Beginning on June 5, 2023, a handset is hearing aid-compatible if it meets the 2019 ANSI\n standard for all frequency bands that are specified in the ANSI standard and all air interfaces\n over which it operates on those frequency bands, and the handset has been certified as\n compliant with the test requirements for the 2019 ANSI standard pursuant to § 2.1033(d) of\n this chapter.\n\n (ii) Before June 5, 2023, a handset that uses only the frequencies specified in the 2011 ANSI\n standard is hearing aid-compatible with regard to radio frequency interference and inductive\n coupling if it meets the 2011 ANSI standard for all frequency bands and air interfaces over\n which it operates, and the handset has been certified as compliant with the test requirements\n for the 2011 ANSI standard pursuant to § 2.1033(d) of this chapter. Before June 5, 2023, a\n handset that incorporates operations outside the frequencies specified in the 2011 ANSI\n standard is hearing aid-compatible if the handset otherwise satisfies the requirements of this\n paragraph (b).\n\n (4) Factual questions. All factual questions of whether a handset meets the technical standard(s) of this\n paragraph (b) shall be referred for resolution to the Chief, Office of Engineering and Technology,\n Federal Communications Commission, 45 L Street NE, Washington, DC 20554.\n\n (5) Certification. A handset certified under any version of the ANSI standard previous to the 2019 ANSI\n standard remains hearing aid-compatible for purposes of this section.\n\n (c) Phase-in of hearing aid-compatibility requirements. The following applies to each manufacturer and\n service provider that offers handsets used to deliver the services specified in paragraph (a) of this section\n and that does not fall within the de minimis exception set forth in paragraph (e) of this section.\n\n (1) Manufacturers—Number of hearing aid-compatible handset models offered. For each digital air\n interface for which it offers handsets in the United States or imported for use in the United States,\n each manufacturer must offer hearing aid compatible handsets as follows:\n\n (i) Beginning October 3, 2018, at least sixty-six (66) percent of those handset models (rounded\n down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this\n section.\n\n\n47 CFR 20.19(c)(1)(i) (enhanced display) page 16 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(c)(1)(ii)\nCommercial Mobile Services\n\n\n (ii) Beginning October 4, 2021, at least eighty-five (85) percent of those handset models (rounded\n down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this\n section.\n\n (2) Tier I carriers—Number of hearing aid-compatible handsets models offered. For each digital air\n interface for which it offers handsets to customers, each Tier I carrier must:\n\n (i) Beginning April 3, 2019, ensure that at least sixty-six (66) percent of the handset models it\n offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the\n total number of unique handset models the carrier offers nationwide.\n\n (ii) Beginning April 4, 2022, ensure that at least eighty-five (85) percent of the handset models it\n offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the\n total number of unique handset models the carrier offers nationwide.\n\n (3) Service providers other than Tier I carriers—Number of hearing aid-compatible handsets models\n offered. For each digital air interface for which it offers handsets to customers, each service provider\n other than a Tier I carrier must:\n\n (i) Beginning April 3, 2020, ensure that at least sixty-six (66) percent of the handset models it\n offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the\n total number of unique handset models the carrier offers.\n\n (ii) Beginning April 3, 2023, ensure that at least eighty-five (85) percent of the handset models it\n offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the\n total number of unique handset models the carrier offers.\n\n (4) In-store testing. All service providers must make available for consumers to test, in each retail store\n owned or operated by the service provider, all of its handset models that are hearing aid-compatible\n under paragraph (b) of this section.\n\n (d) [Reserved]\n\n (e) De minimis exception.\n\n (1)\n\n (i) Manufacturers or service providers that offer two or fewer handsets in an air interface in the\n United States are exempt from the requirements of this section in connection with that air\n interface, except with regard to the reporting and certification requirements in paragraph (i) of\n this section. Service providers that obtain handsets only from manufacturers that offer two or\n fewer handset models in an air interface in the United States are likewise exempt from the\n requirements of this section other than paragraph (i) of this section in connection with that air\n interface.\n\n (ii) Notwithstanding paragraph (e)(1)(i) of this section, manufacturers that have had more than 750\n employees for at least two years and service providers that have had more than 1500\n employees for at least two years, and that have been offering handsets over an air interface for\n at least two years, that offer one or two handsets in that air interface in the United States must\n offer at least one handset model that is hearing aid-compatible under paragraph (b) of this\n section in that air interface. Service providers that obtain handsets only from manufacturers\n that offer one or two handset models in an air interface in the United States, and that have had\n more than 750 employees for at least two years and have offered handsets over that air\n\n47 CFR 20.19(e)(1)(ii) (enhanced display) page 17 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(e)(2)\nCommercial Mobile Services\n\n\n interface for at least two years, are required to offer at least one handset model in that air\n interface that is hearing aid-compatible under paragraph (b) of this section. For purposes of\n this paragraph (e)(1)(ii), employees of a parent, subsidiary, or affiliate company under common\n ownership or control with a manufacturer or service provider are considered employees of the\n manufacturer or service provider. Manufacturers and service providers covered by this\n paragraph (e)(1)(ii) must also comply with all other requirements of this section.\n\n (2) Manufacturers or service providers that offer three handset models in an air interface must offer at\n least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air\n interface. Service providers that obtain handsets only from manufacturers that offer three handset\n models in an air interface in the United States are required to offer at least one handset model in that\n air interface that is hearing aid-compatible under paragraph (b) of this section.\n\n (3) Manufacturers that offer four or five handset models in an air interface must offer at least two\n handset models that are hearing aid-compatible under paragraph (b) of this section in that air\n interface. Tier I carriers who offer four handset models in an air interface must offer at least two\n handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface and\n Tier I carriers who offer five handset models in an air interface must offer at least three handsets\n that are hearing aid-compatible under paragraph (b) of this section in that air interface. Service\n providers, other than Tier I carriers, who offer four handset models in an air interface must offer at\n least two handset models that are hearing aid-compatible under paragraph (b) of this section in that\n air interface and service providers, other than Tier I carriers, who offer five handset models in an air\n interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of\n this section in that air interface.\n\n (f) Labeling and disclosure requirements for hearing aid-compatible handsets —\n\n (1) Package label. For all handset models certified to be hearing aid-compatible, manufacturers and\n service providers shall ensure that the handset's package label states that the handset is hearing\n aid-compatible and the handset's actual conversational gain with and without a hearing aid if\n certified using a technical standard with volume control requirements. The actual conversational\n gain displayed for use with a hearing aid shall be the lowest rating assigned to the handset for any\n covered air interface or frequency band.\n\n (2) Package insert or handset manual. For all handset models certified to be hearing aid-compatible,\n manufacturers and service providers shall disclose to consumers through the use of a package\n insert or in the handset's user manual:\n\n (i) That the handset is hearing aid-compatible;\n\n (ii) The ANSI standard used to determine the hearing aid compatibility of the handset model's air\n interfaces and frequency bands;\n\n (iii) If using the 2011 ANSI standard or an earlier version of the standard, the lowest hearing aid\n compatibility rating assigned to any of the covered air interfaces or frequency bands;\n\n (iv) The air interfaces or frequency bands on the handset that are not certified to be hearing aid-\n compatible, if applicable, or have been determined to be hearing aid-compatible under special\n testing circumstances;\n\n\n\n\n47 CFR 20.19(f)(2)(iv) (enhanced display) page 18 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(f)(2)(v)\nCommercial Mobile Services\n\n\n (v) Any handset model certified to be hearing aid-compatible for some but not all of the air\n interfaces or frequency bands covered by the model must include the following disclosure\n language:\n\n This phone has been tested and certified for use with hearing aids for some of the wireless\n technologies that it uses. However, there may be some newer wireless technologies used in this\n phone that have not been tested yet for use with hearing aids. It is important to try the different\n features of this phone thoroughly and in different locations, using your hearing aid or cochlear\n implant, to determine if you hear any interfering noise. Consult your service provider or the\n manufacturer of this phone for information on hearing aid compatibility. If you have questions about\n return or exchange policies, consult your service provider or phone retailer.\n\n (vi) An explanation of the ANSI rating system, which includes an explanation that the 2019 ANSI\n standard does not use the rating system that older versions of the standard used;\n\n (vii) An explanation of a handset model's volume control capabilities, including its conversational\n gain both with and without hearing aids, if the handset is certified using a technical standard\n that includes volume control requirements; and\n\n (viii) An explanation of special testing circumstances, if a handset model has air interfaces that have\n been certified as hearing aid-compatible under such circumstances, and how these\n circumstances affect the use and operation of the handset.\n\n (g) Model designation requirements. Where a manufacturer has made physical changes to a handset that\n result in a change in the hearing aid compatibility rating under the 2011 ANSI standard or an earlier\n version of the standard, the altered handset must be given a model designation distinct from that of the\n handset prior to its alteration.\n\n (h) Website and record retention requirements.\n\n (1) Each manufacturer and service provider that operates a publicly-accessible website must make\n available on its website a list of all hearing aid-compatible models currently offered, the ANSI\n standard used to evaluate hearing aid compatibility, the ratings of those models under the relevant\n ANSI standard, if applicable, and an explanation of the rating system. Each service provider must\n also include on its website: A list of all non-hearing aid-compatible models currently offered, as well\n as a link to the current FCC web page containing information about the wireless hearing aid\n compatibility rules and service providers' obligations. Each service provider must also include the\n marketing model name/number(s) and FCC ID number of each hearing aid-compatible and non-\n hearing aid-compatible model currently offered.\n\n (2) Service providers must maintain on their website either:\n\n (i) A link to a third-party website as designated by the Commission or Wireless\n Telecommunications Bureau with information regarding hearing aid-compatible and non-\n hearing aid-compatible handset models; or\n\n (ii) A clearly marked list of hearing aid-compatible handset models that are no longer offered if the\n calendar month/year that model was last offered is within 24 months of the current calendar\n month/year along with the information listed in paragraph (h)(1) of this section for each\n hearing aid-compatible handset.\n\n\n\n47 CFR 20.19(h)(2)(ii) (enhanced display) page 19 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(h)(3)\nCommercial Mobile Services\n\n\n (3) If the Wireless Telecommunications Bureau determines that the third-party website has been\n eliminated or is not updated in a timely manner, it may select another website or require service\n providers to comply with paragraph (h)(2)(ii) of this section.\n\n (4) The information on the website must be updated within 30 days of any relevant changes, and any\n website pages containing information so updated must indicate the day on which the update\n occurred.\n\n (5) Service providers must maintain internal records including the ratings, if applicable, of all hearing aid-\n compatible and non-hearing aid-compatible models no longer offered (if the calendar month/year\n that model was last offered is within 24 months of the current calendar month/year); for models no\n longer offered (if the calendar month/year that model was last offered is within 24 months of the\n current calendar month/year), the calendar months and years each hearing aid-compatible and non-\n hearing aid-compatible model was first and last offered; and the marketing model name/number(s)\n and FCC ID number of each hearing aid-compatible and non-hearing aid-compatible model no longer\n offered (if the calendar month/year that model was last offered is within 24 months of the current\n calendar month/year).\n\n (i) Reporting requirements —\n\n (1) Reporting and certification dates. Service providers shall submit Form 855 certifications on their\n compliance with the requirements of this section by January 31 of each year. Manufacturers shall\n submit Form 655 reports on their compliance with the requirements of this section by July 31 of\n each year. Information in each certification and report must be up-to-date as of the last day of the\n calendar month preceding the due date of each certification and report.\n\n (2) Content of service provider certifications. Certifications filed by service providers must include:\n\n (i) The name of the signing executive and contact information;\n\n (ii) The company(ies) covered by the certification;\n\n (iii) The FCC Registration Number (FRN);\n\n (iv) If the service provider is subject to paragraph (h) of this section, the website address of the\n page(s) containing the required information regarding handset models;\n\n (v) The percentage of handsets offered that are hearing aid-compatible (providers will derive this\n percentage by determining the number of hearing aid-compatible handsets offered across all\n air interfaces during the year divided by the total number of handsets offered during the year);\n and\n\n (vi) The following language:\n\n I am a knowledgeable executive [of company x] regarding compliance with the Federal\n Communications Commission's wireless hearing aid compatibility requirements at a wireless service\n provider covered by those requirements.\n\n I certify that the provider was [(in full compliance/not in full compliance)] [choose one] at all times\n during the applicable time period with the Commission's wireless hearing aid compatibility\n deployment benchmarks and all other relevant wireless hearing aid compatibility requirements.\n\n\n\n\n47 CFR 20.19(i)(2)(vi) (enhanced display) page 20 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(i)(2)(vii)\nCommercial Mobile Services\n\n\n The company represents and warrants, and I certify by this declaration under penalty of perjury\n pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17, which requires\n truthful and accurate statements to the Commission. The company also acknowledges that false\n statements and misrepresentations to the Commission are punishable under Title 18 of the U.S.\n Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act.\n\n (vii) If the company selected that it was not in full compliance with this section, an explanation of\n which wireless hearing aid compatibility requirements it was not in compliance with, when the\n non-compliance began and (if applicable) ended with respect to each requirement.\n\n (3) Content of manufacturer reports. Reports filed by manufacturers must include:\n\n (i) Handset models tested, since the most recent report, for compliance with the applicable\n hearing aid compatibility technical ratings, if applicable;\n\n (ii) Compliant handset models offered to service providers since the most recent report, identifying\n each model by marketing model name/number(s) and FCC ID number;\n\n (iii) For each compliant model, the air interface(s) and frequency band(s) over which it operates, the\n hearing aid compatibility ratings for each frequency band and air interface under the ANSI\n standard (if applicable), the ANSI standard version used, and the months in which the model\n was available to service providers since the most recent report;\n\n (iv) Non-compliant models offered to service providers since the most recent report, identifying\n each model by marketing model name/number(s) and FCC ID number;\n\n (v) For each non-compliant model, the air interface(s) over which it operates and the months in\n which the model was available to service providers since the most recent report;\n\n (vi) Total numbers of compliant and non-compliant models offered to service providers for each air\n interface as of the time of the report;\n\n (vii) Any instance, as of the date of the report or since the most recent report, in which multiple\n compliant or non-compliant devices were marketed under separate model name/numbers but\n constitute a single model for purposes of the hearing aid compatibility rules, identifying each\n device by marketing model name/number and FCC ID number;\n\n (viii) Status of product labeling;\n\n (ix) Outreach efforts; and\n\n (x) If the manufacturer maintains a public website, the website address of the page(s) containing\n the information regarding hearing aid-compatible handset models required by paragraph (h) of\n this section.\n\n (4) Format. The Wireless Telecommunications Bureau is delegated authority to approve or prescribe\n forms, formats, and methods for submission of the reports and certifications in addition to or\n instead of those required by this section. Any format that the Bureau may approve or prescribe shall\n be made available on the Bureau's website.\n\n (j) Enforcement. Enforcement of this section is hereby delegated to those states that adopt this section and\n provide for enforcement. The procedures followed by a state to enforce this section shall provide a 30-day\n period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on\n an informal basis. If a state has not adopted or incorporated this section, or failed to act within six (6)\n\n47 CFR 20.19(j) (enhanced display) page 21 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(k)\nCommercial Mobile Services\n\n\n months from the filing of a complaint with the state public utility commission, the Commission will accept\n such complaints. A written notification to the complainant that the state believes action is unwarranted is\n not a failure to act. The procedures set forth in part 68, subpart E of this chapter are to be followed.\n\n (k) Delegation of rulemaking authority.\n\n (1) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and\n Technology are delegated authority to issue, consistent with any applicable requirements of 5 U.S.C.\n 553, an order amending this section to the extent necessary to adopt technical standards for\n additional frequency bands and/or air interfaces upon the establishment of such standards by ANSI\n Accredited Standards Committee C63®, provided that the standards do not impose with respect to\n such frequency bands or air interfaces materially greater obligations than those imposed on other\n services subject to this section. Any new obligations on manufacturers and Tier I carriers pursuant\n to paragraphs (c) through (i) of this section as a result of such standards shall become effective no\n less than one year after release of the order adopting such standards and any new obligations on\n other service providers shall become effective no less than 15 months after the release of such\n order, except that any new obligations on manufacturers and service providers subject to paragraph\n (e)(1)(ii) of this section shall become effective no less than two years after the release of such order.\n\n (2) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and\n Technology are delegated authority, by notice-and-comment rulemaking if required by statute or\n otherwise in the public interest, to issue an order amending this section to the extent necessary to\n approve any version of the technical standards for radio frequency interference, inductive coupling,\n or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a\n wireless handset meets the appropriate rating over frequency bands and air interfaces for which\n technical standards have previously been adopted either by the Commission or pursuant to\n paragraph (k)(1) of this section. This delegation is limited to the approval of changes to the technical\n standards that do not raise major compliance issues. Further, by such approvals, the Chiefs may only\n permit, and not require, the use of such subsequent versions of the technical standards to establish\n hearing aid compatibility.\n\n (l) Incorporation by reference. The standards required in this section are incorporated by reference into this\n section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.\n All approved incorporation by reference (IBR) material is available for inspection at the Federal\n Communications Commission (FCC) and the National Archives and Records Administration (NARA).\n Contact the FCC through the Federal Communications Commission's Reference Information Center,\n phone: (202) 418–0270. For information on the availability of this material at NARA, visit\n www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may\n be obtained from the following sources in this paragraph (l):\n\n (1) IEEE Standards Association (IEEE–SA), 445 Hoes Lane, Piscataway, NJ 08854–4141, (732)\n 981–0060, stds-info@ieee.org, https://standards.ieee.org/.\n\n (i) ANSI C63.19–2007, American National Standard Methods of Measurement of Compatibility\n Between Wireless Communication Devices and Hearing Aids, approved June 8, 2007.\n\n (ii) ANSI C63.19–2011, American National Standard Methods of Measurement of Compatibility\n Between Wireless Communication Devices and Hearing Aids, approved May 27, 2011.\n\n (iii) ANSI C63.19–2019, American National Standard Methods of Measurement of Compatibility\n Between Wireless Communication Devices and Hearing Aids, approved August 19, 2019.\n\n\n47 CFR 20.19(l)(1)(iii) (enhanced display) page 22 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.19(l)(2)\nCommercial Mobile Services\n\n\n (2) Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington,\n VA 22201, (703) 907–7700, global@ihs.com, https://global.ihs.com/csf_home.cfm?&csf=TIA.\n\n (i) ANSI/TIA–5050–2018, Telecommunications—Communications Products—Receive Volume\n Control Requirements for Wireless (Mobile) Devices, approved January 17, 2018.\n\n (ii) [Reserved]\n\n[73 FR 25587, May 7, 2008, as amended at 75 FR 54522, Sept. 8, 2010; 77 FR 41928, July 17, 2012; 81 FR 183, Jan. 5, 2016; 81 FR\n60633, Sept. 2, 2016; 83 FR 8631, Feb. 28, 2018; 83 FR 63105, Dec. 7, 2018; 84 FR 37592, Aug. 1, 2019; 86 FR 23625, 23627, May\n4, 2021; 88 FR 21439, Apr. 10, 2023]\n\n\n§ 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange\nCarriers.\n (a) Separate affiliate. An incumbent LEC providing in-region broadband CMRS shall provide such services\n through an affiliate that satisfies the following requirements:\n\n (1) The affiliate shall maintain separate books of account from its affiliated incumbent LEC. Nothing in\n this section requires the affiliate to maintain separate books of account that comply with part 32 of\n this chapter;\n\n (2) The affiliate shall not jointly own transmission or switching facilities with its affiliated incumbent LEC\n that the affiliated incumbent LEC uses for the provision of local exchange service in the same in-\n region market. Nothing in this section prohibits the affiliate from sharing personnel or other\n resources or assets with its affiliated incumbent LEC; and\n\n (3) The affiliate shall acquire any services from its affiliated incumbent LEC for which the affiliated\n incumbent LEC is required to file a tariff at tariffed rates, terms, and conditions. Other transactions\n between the affiliate and the incumbent LEC for services that are not acquired pursuant to tariff\n must be reduced to writing and must be made on a compensatory, arm's length basis. All\n transactions between the incumbent LEC and the affiliate are subject to part 32 of this chapter,\n including the affiliate transaction rules. Nothing in this section shall prohibit the affiliate from\n acquiring any unbundled network elements or exchange services for the provision of a\n telecommunications service from its affiliated incumbent LEC, subject to the same terms and\n conditions as provided in an agreement approved under section 252 of the Communications Act of\n 1934, as amended.\n\n (b) Independence. The affiliate required in paragraph (a) of this section shall be a separate legal entity from\n its affiliated incumbent LEC. The affiliate may be staffed by personnel of its affiliated incumbent LEC,\n housed in existing offices of its affiliated incumbent LEC, and use its affiliated incumbent LEC's marketing\n and other services, subject to paragraphs (a)(3) and (c) of this section.\n\n (c) Joint marketing. Joint marketing of local exchange and exchange access service and CMRS services by\n an incumbent LEC shall be subject to part 32 of this chapter. In addition, such agreements between the\n affiliate and the incumbent LEC must be reduced to writing and made available for public inspection upon\n request at the principle place of business of the affiliate and the incumbent LEC. The documentation must\n include a certification statement identical to the certification statement currently required to be included\n with all Automated Reporting and Management Information Systems (ARMIS) reports. The affiliate must\n also provide a detailed written description of the terms and conditions of the transaction on the Internet\n within 10 days of the transaction through the affiliate's home page.\n\n47 CFR 20.20(c) (enhanced display) page 23 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.20(d)\nCommercial Mobile Services\n\n\n (d) Exceptions —\n\n (1) Rural telephone companies. Rural telephone companies are exempted from the requirements set\n forth in paragraphs (a), (b) and (c) of this section. A competing telecommunications carrier,\n interconnected with the rural telephone company, however, may petition the FCC to remove the\n exemption, or the FCC may do so on its own motion, where the rural telephone company has\n engaged in anticompetitive conduct.\n\n (2) Incumbent LECs with fewer than 2 percent of subscriber lines. Incumbent LECs with fewer than 2\n percent of the nation's subscriber lines installed in the aggregate nationwide may petition the FCC\n for suspension or modification of the requirements set forth in paragraphs (a), (b) and (c) of this\n section. The FCC will grant such a petition where the incumbent LEC demonstrates that suspension\n or modification of the separate affiliate requirement is\n\n (i) Necessary to avoid a significant adverse economic impact on users of telecommunications\n services generally or to avoid a requirement that would be unduly economically burdensome,\n and\n\n (ii) Consistent with the public interest, convenience, and necessity.\n\n (e) Definitions. Terms used in this section have the following meanings:\n\n Affiliate. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by,\n or is under common ownership with, another person. For purposes of this section, the term “own”\n means to own an equity interest (or the equivalent thereof) of more than 10 percent.\n\n Broadband Commercial Mobile Radio Service (Broadband CMRS). For the purposes of this section,\n “broadband CMRS” means Cellular Radiotelephone Service (part 22, subpart H of this chapter),\n Specialized Mobile Radio (part 90, subpart S of this chapter), and broadband Personal\n Communications Services (part 24, subpart E of this chapter).\n\n Incumbent Local Exchange Carrier (Incumbent LEC). “Incumbent LEC” has the same meaning as that term\n is defined in § 51.5 of this chapter.\n\n In-region. For the purposes of this section, an incumbent LEC's broadband CMRS service is considered “in-\n region” when 10 percent or more of the population covered by the CMRS affiliate's authorized service\n area, as determined by the 1990 census figures, is within the affiliated incumbent LEC's wireline\n service area.\n\n Rural Telephone Company. “Rural Telephone Company” has the same meaning as that term is defined in §\n 51.5 of this chapter.\n\n (f) Sunset. This section will no longer be effective after January 1, 2002.\n\n[62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001]\n\n\n§ 20.21 Signal boosters.\n (a) Operation of Consumer Signal Boosters. A subscriber in good standing of a commercial mobile radio\n service system may operate a Consumer Signal Booster under the authorization held by the licensee\n providing service to the subscriber provided that the subscriber complies with paragraphs (a)(1) through\n (7) of this section. Failure to comply with all applicable rules in this section and all applicable technical\n rules for the frequency band(s) of operation voids the authority to operate the Consumer Signal Booster.\n\n47 CFR 20.21(a) (enhanced display) page 24 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(a)(1)\nCommercial Mobile Services\n\n\n (1) Prior to operation, the subscriber obtains the consent of the licensee providing service to the\n subscriber;\n\n (2) Prior to operation, the subscriber registers the Consumer Signal Booster with the licensee providing\n service to the subscriber;\n\n (3) The subscriber only operates the Consumer Signal Booster with approved antennas, cables, and/or\n coupling devices as specified by the manufacturer of the Consumer Signal Booster;\n\n (4) The subscriber operates the Consumer Signal Booster on frequencies used for the provision of\n subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS–1, 700 MHz\n Lower A–E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter.\n Operation on part 90 (Specialized Mobile Radio) frequencies is permitted upon the Commission's\n release of a public notice announcing the date Consumer Signal Boosters may be used in the band;\n\n (5) The Consumer Signal Booster complies with paragraphs (e), (f), (g), and (h) of this section and §\n 2.907 of this chapter;\n\n (6) The subscriber may not deactivate any features of the Consumer Signal Booster which are designed\n to prevent harmful interference to wireless networks. These features must be enabled and operating\n at all times the signal booster is in use; and\n\n (7) If operating a Wideband Consumer Signal Booster, the subscriber operates it only for personal use.\n\n (b) De minimis operation of Consumer Signal Boosters. A third party's incidental use of a subscriber's\n Consumer Signal Booster operated under this paragraph is de minimis and shall be authorized under the\n authorization held by the licensee providing service to the third party.\n\n (c) Operation of Industrial Signal Boosters. An individual or non-individual, other than a representative of a\n foreign government, may operate an Industrial Signal Booster provided that the individual or non-\n individual:\n\n (1) Has an FCC license or obtains the express consent of the licensee(s) whose frequencies are being\n retransmitted by the device on a regular basis, and\n\n (2) Uses an Industrial Signal Booster which complies with paragraph (f) of this section.\n\n (d) Operation on a secondary, non-interference basis. Operation of signal boosters under this section is on a\n secondary, non-interference basis to primary services licensed for the frequency bands on which they\n transmit, and to primary services licensed for the adjacent frequency bands that might be affected by\n their transmissions.\n\n (1) The operation of signal boosters must not cause harmful interference to the communications of any\n primary licensed service.\n\n (2) Upon request of an FCC representative or a licensee experiencing harmful interference, a signal\n booster operator must:\n\n (i) Cooperate in determining the source of the interference, and\n\n (ii) If necessary, deactivate the signal booster immediately, or as soon as practicable, if immediate\n deactivation is not possible.\n\n (e) Consumer Signal Booster Network Protection Standard.\n\n\n\n47 CFR 20.21(e) (enhanced display) page 25 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(1)\nCommercial Mobile Services\n\n\n (1) All Consumer Signal Boosters must incorporate features to prevent harmful interference to wireless\n networks including but not limited to those enumerated in this section.\n\n (2) Certification requirements.\n\n (i) A Consumer Signal Booster can only be certificated and operated if it complies with all\n applicable rules in this subpart and all applicable technical rules for the frequency band(s) of\n operation including, but not limited to: § 22.355 of this chapter, Public Mobile Services,\n frequency tolerance; § 22.913 of this chapter, Cellular Radiotelephone Service effective radiated\n power limits; § 22.917 of this chapter, Cellular Radiotelephone Service, emission limitations for\n cellular equipment; § 24.232 of this chapter, Broadband Personal Communications Service,\n power and antenna height limits; § 24.238 of this chapter, Broadband Personal\n Communications Service, emission limitations for Broadband PCS equipment; § 27.50 of this\n chapter, Miscellaneous Wireless Communications Services, power and antenna height limits; §\n 27.53 of this chapter, Miscellaneous Wireless Communications Services, emission limits; §\n 90.205 of this chapter, Private Land Mobile Radio Services, power and antenna height limits; §\n 90.210 of this chapter, Private Land Mobile Radio Services, emission masks; and § 90.247 of\n this chapter, Private Land Mobile Radio Services, mobile repeater stations.\n\n (ii) In case of any conflict between the rules set forth in this section and the rules set forth in parts\n 22, 24, 27, and 90 of title 47, chapter I of the Code of Federal Regulations, the rules in this\n section shall govern.\n\n (iii) The application for certification must satisfy the Commission that the Consumer Signal\n Boosters' features designed to prevent harmful interference and protect wireless networks\n cannot be easily defeated and must be enabled at all times.\n\n (3) Frequency Bands. Consumer Signal Boosters must be designed and manufactured such that they\n only operate on the frequencies used for the provision of subscriber-based services under parts 22\n (Cellular), 24 (Broadband PCS), 27 (AWS–1, 700 MHz Lower A–E Blocks, and 700 MHz Upper C\n Block), and 90 (Specialized Mobile Radio) of this chapter. The Commission will not certificate any\n Consumer Signal Boosters for operation on part 90 of this chapter (Specialized Mobile Radio)\n frequencies until the Commission releases a public notice announcing the date Consumer Signal\n Boosters may be used in the band.\n\n (4) Self-monitoring. Consumer Signal Boosters must automatically self-monitor their operation to ensure\n compliance with applicable noise and gain limits and either self-correct or shut down automatically\n if their operation exceeds those parameters.\n\n (5) Anti-oscillation. Consumer Signal Boosters must be able to detect and mitigate any unintended\n oscillations in uplink and downlink bands (such as may result from insufficient isolation between the\n antennas).\n\n (6) Power Down. Consumer Signal Boosters must automatically power down or cease amplification as\n they approach any affected base station.\n\n (7) Interference Avoidance for Wireless Subsystems. Consumer Signal Boosters using unlicensed (part\n 15 of this chapter) or other frequency bands for wireless transmissions between donor and server\n subsystems for their internal operations must employ interference avoidance methods to prevent\n interference transmitted into authorized CMRS spectrum bands.\n\n\n\n\n47 CFR 20.21(e)(7) (enhanced display) page 26 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(8)\nCommercial Mobile Services\n\n\n (8) Wideband Consumer Signal Boosters. A Wideband Consumer Signal Booster will meet the Consumer\n Signal Booster Network Protection Standard if it complies with paragraphs (e)(1) through (e)(7) of\n this section and the following:\n\n (i) Technical Requirements —\n\n (A) Noise Limits.\n\n (1) The transmitted noise power in dBm/MHz of consumer boosters at their uplink port\n shall not exceed −103 dBm/MHz—RSSI. RSSI (received signal strength indication\n expressed in negative dB units relative to 1 mW) is the downlink composite received\n signal power in dBm at the booster donor port for all base stations in the band of\n operation.\n\n (2) The transmitted maximum noise power in dBm/MHz of consumer boosters at their\n uplink and downlink ports shall not exceed the following limits:\n\n (i) Fixed booster maximum noise power shall not exceed −102.5 dBm/MHz + 20\n Log10 (Frequency), where Frequency is the uplink mid-band frequency of the\n supported spectrum bands in MHz.\n\n (ii) Mobile booster maximum noise power shall not exceed−59 dBm/MHz.\n\n (iii) Compliance with Noise limits will use instrumentation calibrated in terms of\n RMS equivalent voltage, and with booster input ports terminated or without\n input signals applied within the band of measurement.\n\n (B) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and\n downlink gain and conducted uplink power output that is at least 0.05 watts. One-way\n consumer boosters (i.e., uplink only, downlink only, uplink impaired, downlink impaired) are\n prohibited. Spectrum block filtering may be used provided the uplink filter attenuation is\n not less than the downlink filter attenuation, and where RSSI is measured after spectrum\n block filtering is applied referenced to the booster's input port for each band of operation.\n\n (C) Booster Gain Limits.\n\n (1) The uplink gain in dB of a consumer booster referenced to its input and output ports\n shall not exceed −34 dB—RSSI + MSCL.\n\n (i) Where RSSI is the downlink composite received signal power in dBm at the\n booster donor port for all base stations in the band of operation. RSSI is\n expressed in negative dB units relative to 1 mW.\n\n (ii) Where MSCL (Mobile Station Coupling Loss) is the minimum coupling loss in dB\n between the wireless device and input port of the consumer booster. MSCL\n must be calculated or measured for each band of operation and provided in\n compliance test reports.\n\n (2) The uplink and downlink maximum gain of a Consumer Booster referenced to its\n input and output ports shall not exceed the following limits:\n\n (i) Fixed Booster maximum gain shall not exceed 6.5 dB + 20 Log10 (Frequency)\n\n (ii) Where, Frequency is the uplink mid-band frequency of the supported spectrum\n bands in MHz.\n\n47 CFR 20.21(e)(8)(i)(C)(2)(ii) (enhanced display) page 27 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(8)(i)(C)(2)(iii)\nCommercial Mobile Services\n\n\n (iii) Mobile Booster maximum gain shall not exceed 50 dB when using an inside\n antenna (e.g., inside a vehicle), 23 dB when using direct contact coupling (e.g.,\n cradle-type boosters), or 15 dB when directly connected (e.g., boosters with a\n physical connection to the phone).\n\n (D) Power Limits. A booster's uplink power must not exceed 1 watt composite conducted\n power and equivalent isotropic radiated power (EIRP) for each band of operation.\n Composite downlink power shall not exceed 0.05 watt (17 dBm) conducted and EIRP for\n each band of operation. Compliance with power limits will use instrumentation calibrated\n in terms of RMS equivalent voltage.\n\n (E) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall be at least 6 dB\n below the FCC's mobile emission limits for the supported bands of operation. Compliance\n to OOBE limits will utilize high peak-to-average CMRS signal types.\n\n (F) Intermodulation Limits. The transmitted intermodulation products of a consumer booster\n at its uplink and downlink ports shall not exceed the power level of −19 dBm for the\n supported bands of operation. Compliance with intermodulation limits will use boosters\n operating at maximum gain and maximum rated output power, with two continuous wave\n (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster,\n and with a 3 kHz measurement bandwidth.\n\n (G) Booster Antenna Kitting. All consumer boosters must be sold with user manuals\n specifying all antennas and cables that meet the requirements of this section. All\n consumer boosters must be sold together with antennas, cables, and/or coupling devices\n that meet the requirements of this section. The grantee is required to submit a technical\n document with the application for FCC equipment authorization that shows compliance of\n all antennas, cables and/or coupling devices with the requirements of this section,\n including any antenna or equipment upgrade options that may be available at initial\n purchase or as a subsequent upgrade.\n\n (H) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise\n and gain limits defined herein it must operate in “Transmit Power Off Mode.” In this mode\n of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and\n both uplink and downlink gain shall not exceed the lesser of 23 dB or MSCL.\n\n (I) Uplink Inactivity. When a consumer booster is not serving an active device connection\n after 5 minutes the uplink noise power shall not exceed −70 dBm/MHz.\n\n (ii) Interference Safeguards. Consumer boosters must include features to prevent harmful\n interference including, at a minimum, those enumerated in this subsection. These features may\n not be deactivated by the operator and must be enabled and operating at all times the signal\n booster is in use.\n\n (A) Anti-Oscillation. Consumer boosters must be able to detect and mitigate (i.e., by automatic\n gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation\n detection and mitigation must occur automatically within 0.3 seconds in the uplink band\n and within 1 second in the downlink band. In cases where oscillation is detected, the\n booster must continue mitigation for at least one minute before restarting. After five such\n restarts, the booster must not resume operation until manually reset.\n\n\n\n47 CFR 20.21(e)(8)(ii)(A) (enhanced display) page 28 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(8)(ii)(B)\nCommercial Mobile Services\n\n\n (B) Gain Control. Consumer boosters must have automatic limiting control to protect against\n excessive input signals that would cause output power and emissions in excess of that\n authorized by the Commission.\n\n (C) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed\n (part 15) or other frequency bands for wireless transmissions between donor and server\n subsystems for its internal operations must employ interference avoidance methods to\n prevent interference transmitted into authorized CMRS spectrum bands and must meet\n applicable limits for radiofrequency exposure.\n\n (9) Provider-Specific Consumer Signal Boosters. A Provider-Specific Consumer Signal Booster will meet\n the Consumer Signal Booster Network Protection Standard if it complies with paragraphs (e)(1)\n through (e)(7) of this section and the following:\n\n (i) Technical Requirements —\n\n (A) Noise Limits. The transmitted noise power in dBm/MHz of frequency selective consumer\n boosters outside the licensee's spectrum blocks at their uplink and downlink ports shall\n not exceed the following limits:\n\n (1) −103 dBm/MHz−RSSI\n\n (i) Where RSSI is the downlink composite signal power received in dBm for\n frequencies in the band of operation outside the licensee's spectrum block as\n measured after spectrum block filtering is applied and is referenced to the\n booster's donor port for each band of operation. RSSI is expressed in negative\n dB units relative to 1 mW.\n\n (ii) Boosters with MSCL less than 40 dB, shall reduce the Noise output in (A) by 40\n dB−MSCL, where MSCL is the minimum coupling loss in dB between the\n wireless device and booster's server port. MSCL must be calculated or\n measured for each band of operation and provided in compliance test reports.\n\n (2)\n\n (i) Fixed booster maximum downlink noise power shall not exceed −102.5 dBm/\n MHz + 20 Log10 (Frequency), where Frequency is the uplink mid-band frequency\n of the supported spectrum bands in MHz.\n\n (ii) Mobile booster maximum noise power shall not exceed −59 dBm/MHz.\n\n (iii) Compliance with Noise limits will use instrumentation calibrated in terms of\n RMS equivalent voltage, and with booster input ports terminated or without\n input signals applied within the band of measurement.\n\n (B) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and\n downlink gain and conducted uplink power output that is at least 0.05 watts. One-way\n consumer boosters (i.e., uplink only, downlink only, uplink impaired, downlink impaired) are\n prohibited. Spectrum block filtering used must provide uplink filter attenuation not less\n than the downlink filter attenuation, and where RSSI is measured after spectrum block\n filtering is applied referenced to the booster's input port for each band of operation.\n\n (C) Booster Gain Limits. The gain of the frequency selective consumer booster shall meet the\n limits below.\n\n47 CFR 20.21(e)(9)(i)(C) (enhanced display) page 29 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(9)(i)(C)(1)\nCommercial Mobile Services\n\n\n (1) The uplink and downlink gain in dB of a frequency selective consumer booster\n referenced to its input and output ports shall not exceed BSCL−28 dB−(40\n dB−MSCL).\n\n (i) Where BSCL is the coupling loss between the booster's donor port and the base\n station's input port, and MSCL is the minimum coupling loss in dB between the\n wireless device and the booster's server port. MSCL must be calculated or\n measured for each band of operation and provided in compliance test reports.\n\n (ii) In order of preference, BSCL is determined as follows: determine path loss\n between the base station and the booster; such measurement shall be based on\n measuring the received forward pilot/control channel power at the booster and\n reading the pilot/control channel transmit power from the base station as\n defined in the system information messages sent by the base station; estimate\n BSCL by assuming that the base station is transmitting at a level of + 25 dBm\n per channel (assume a small, lightly loaded cell) and measuring the total\n received signal power level within the channel in dBm (RPCH) received at the\n booster input port. BSCL is then calculated as 25–RPCH; or assume that the\n BSCL is 70 dB without performing any measurement.\n\n (2) The uplink and downlink maximum gain of a frequency selective consumer booster\n referenced to its input and output ports shall not exceed the following limits:\n\n (i) Fixed Booster maximum gain shall not exceed 19.5 dB + 20 Log10 (Frequency),\n or 100 dB for systems having automatic gain adjustment based on isolation\n measurements between booster donor and server antennas.\n\n (ii) Where, Frequency is the uplink mid-band frequency of the supported spectrum\n bands in MHz.\n\n (iii) Mobile Booster maximum gain shall not exceed 15 dB when directly connected\n (e.g., boosters with a physical connection to the subscriber device), 23 dB when\n using direct contact coupling (e.g., cradle-type boosters), or 50 dB when using\n an inside antenna (e.g., inside a vehicle). For systems using an inside antenna\n that have automatic gain adjustment based on isolation measurements\n between booster donor and server antenna and automatic feedback\n cancellation, the mobile booster maximum gain shall not exceed 58 dB and 65\n dB for frequencies below and above 1 GHz, respectively.\n\n (D) Power Limits. A booster's uplink power must not exceed 1 watt composite conducted\n power and equivalent isotropic radiated power (EIRP) for each band of operation.\n Downlink power shall not exceed 0.05 watt (17 dBm) composite and 10 dBm per channel\n conducted and EIRP for each band of operation. Compliance with power limits will use\n instrumentation calibrated in terms of RMS equivalent voltage.\n\n (E) Out of Band Gain Limits.\n\n (1) A frequency selective booster shall have the following minimum attenuation\n referenced to the gain in the center of the pass band of the booster:\n\n (i) −20 dB at the band edge, where band edge is the end of the licensee's allocated\n spectrum,\n\n47 CFR 20.21(e)(9)(i)(E)(1)(i) (enhanced display) page 30 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(9)(i)(E)(1)(ii)\nCommercial Mobile Services\n\n\n (ii) −30 dB at 1 MHz offset from band edge,\n\n (iii) −40 dB at 5 MHz offset from band edge.\n\n (2) A frequency selective booster having maximum gain greater than 80 dB (referenced\n to the center of the pass band) shall limit the out of band gain to 60 dB at 0.2 MHz\n offset from the band edge, and 45 dB at 1 MHz offset from the band edge, where\n band edge is the end of the licensee's allocated spectrum.\n\n (F) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall meet the FCC's\n mobile emission limits for the supported bands of operation. Compliance to OOBE limits\n will utilize high peak-to-average CMRS signal types.\n\n (G) Intermodulation Limits. The transmitted intermodulation products of a consumer booster\n at its uplink and downlink ports shall not exceed the power level of −19 dBm for the\n supported bands of operation. Compliance with intermodulation limits will use boosters\n operating at maximum gain and maximum rated output power, with two continuous wave\n (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster,\n and with a 3 kHz measurement bandwidth.\n\n (H) Booster Antenna Kitting. All consumer boosters must be sold with user manuals\n specifying all antennas and cables that meet the requirements of this section. All\n consumer boosters must be sold together with antennas, cables, and/or coupling devices\n that meet the requirements of this section. The grantee is required to submit a technical\n document with the application for FCC equipment authorization that shows compliance of\n all antennas, cables, and/or coupling devices with the requirements of this section,\n including any antenna or equipment upgrade options that may be available at initial\n purchase or as a subsequent upgrade.\n\n (I) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise\n and gain limits defined herein it must operate in “Transmit Power OFF Mode.” In this mode\n of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and\n uplink gain shall not exceed the lesser of 23 dB or MSCL.\n\n (J) Uplink Inactivity. When a consumer booster is not serving an active device connection\n after 5 seconds the uplink noise power shall not exceed −70 dBm/MHz.\n\n (ii) Interference Safeguards. Consumer boosters must include features to prevent harmful\n interference including, at a minimum, those enumerated in this subsection. These features may\n not be deactivated by the operator and must be enabled and operating at all times the signal\n booster is in use.\n\n (A) Anti-Oscillation. Consumer boosters must be able to detect and mitigate (i.e., by automatic\n gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation\n detection and mitigation must occur automatically within 0.3 seconds in the uplink band\n and within 1 second in the downlink band. In cases where oscillation is detected, the\n booster must continue mitigation for at least one minute before restarting. After five such\n restarts, the booster must not resume operation until manually reset.\n\n (B) Gain Control. Consumer boosters must have automatic limiting control to protect against\n excessive input signals that would cause output power and emissions in excess of that\n authorized by the Commission.\n\n47 CFR 20.21(e)(9)(ii)(B) (enhanced display) page 31 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(e)(9)(ii)(C)\nCommercial Mobile Services\n\n\n (C) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed\n (part 15) or other frequency bands for wireless transmissions between donor and server\n subsystems for its internal operations must employ interference avoidance methods to\n prevent interference transmitted into authorized CMRS spectrum bands.\n\n (10) Equivalent Protections. Consumer Signal Boosters which do not meet the technical specifications\n enumerated in paragraphs (e)(1) through (e)(9) of this section may also meet the Network Protection\n Standard if they provide equivalent protections as determined by the Wireless Telecommunications\n Bureau.\n\n (f) Signal booster labeling requirements.\n\n (1) Signal booster manufacturers, distributors, and retailers must ensure that all signal boosters\n marketed on or after March 1, 2014 include the following advisories:\n\n (i) In on-line, point-of-sale marketing materials,\n\n (ii) In any print or on-line owner's manual and installation instructions,\n\n (iii) On the outside packaging of the device, and\n\n (iv) On a label affixed to the device:\n\n (A) For Consumer Signal Boosters:\n\n (1) This is a CONSUMER device.\n\n BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless provider and have your\n provider's consent. Most wireless providers consent to the use of signal boosters. Some\n providers may not consent to the use of this device on their network. If you are unsure,\n contact your provider.\n\n You MUST operate this device with approved antennas and cables as specified by the\n manufacturer. Antennas MUST be installed at least 20 cm (8 inches) from any person.\n\n You MUST cease operating this device immediately if requested by the FCC or a licensed\n wireless service provider.\n\n WARNING. E911 location information may not be provided or may be inaccurate for calls\n served by using this device.\n\n (2) The label for Consumer Signal Boosters certified for fixed indoor operation also must\n include the following language:\n\n This device may be operated ONLY in a fixed location for in-building use.\n\n (B) For Industrial Signal Boosters:\n\n WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES\n and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC\n Licensee to operate this device. Unauthorized use may result in significant forfeiture penalties,\n including penalties in excess of $100,000 for each continuing violation.\n\n\n47 CFR 20.21(f)(1)(iv)(B) (enhanced display) page 32 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.21(f)(2)\nCommercial Mobile Services\n\n\n (2) A Consumer Signal Booster label may contain an acknowledgement that particular provider(s) have\n given their consent for all consumers to use the device. Such an acknowledgement would be\n inserted prior to, “Some wireless providers may not consent to the use of this device on their\n network. If you are unsure, contact your provider.” The remaining language of the advisory shall\n remain the same.\n\n (g) Marketing and sale of signal boosters. Except as provided in § 2.803 of this chapter, no person,\n manufacturer, distributor, or retailer may market (as defined in § 2.803 of this chapter) any Consumer\n Signal Booster that does not comply with the requirements of this section to any person in the United\n States or to any person intending to operate the Consumer Signal Booster within the United States.\n Wideband Consumer Signal Boosters may only be sold to members of the general public for their\n personal use.\n\n (h) Registration. Each licensee consenting to the operation of a Consumer Signal Booster must establish a\n free registration mechanism for subscribers and register all Consumer Signal Boosters to which it\n consents. A licensee must establish a registration mechanism by the later of March 1, 2014 or within 90\n days of consenting to the operation of a Consumer Signal Booster. At a minimum, a licensee must collect:\n\n (1) The name of the Consumer Signal Booster owner and/or operator, if different individuals;\n\n (2) The make, model, and serial number of the device;\n\n (3) The location of the device; and\n\n (4) The date of initial operation. Licensee consent is voluntary and may be withdrawn at the licensee's\n discretion.\n\n[78 FR 21559, Apr. 11, 2013, as amended at 79 FR 70795, Nov. 28, 2014; 83 FR 17090, Apr. 18, 2018]\n\n\n§ 20.22 Rules governing mobile spectrum holdings.\n (a) Applicants for mobile wireless licenses for commercial use, for assignment or transfer of control of such\n licenses, or for long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter\n and long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) must\n demonstrate that the public interest, convenience, and necessity will be served thereby. The Commission\n will evaluate any such license application consistent with the policies set forth in Policies Regarding\n Mobile Spectrum Holdings, Report and Order, FCC 14–63, WT Docket No. 12–269, adopted May 15, 2014.\n\n (b) Attribution of interests.\n\n (1) The following criteria will apply to attribute partial ownership and other interests in spectrum\n holdings for purposes of:\n\n (i) Applying a mobile spectrum holding limit to the licensing of spectrum through competitive\n bidding; and\n\n (ii) Applying the initial spectrum screen to secondary market transactions.\n\n (2) Controlling interests shall be attributable. Controlling interest means majority voting equity\n ownership, any general partnership interest, or any means of actual working control (including\n negative control) over the operation of the licensee, in whatever manner exercised.\n\n\n\n\n47 CFR 20.22(b)(2) (enhanced display) page 33 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.22(b)(3)\nCommercial Mobile Services\n\n\n (3) Non-controlling interests of 10 percent or more in spectrum shall be attributable. Interests of less\n than 10 percent in spectrum shall be attributable if such interest confers de facto control, including\n but not limited to partnership and other ownership interests and any stock interest in a licensee.\n\n (4) The following interests in spectrum shall also be attributable to holders:\n\n (i) Officers and directors of a licensee shall be considered to have an attributable interest in the\n entity with which they are so associated. The officers and directors of an entity that controls a\n licensee or applicant shall be considered to have an attributable interest in the licensee.\n\n (ii) Ownership interests that are held indirectly by any party through one or more intervening\n corporations will be determined by successive multiplication of the ownership percentages for\n each link in the vertical ownership chain and application of the relevant attribution benchmark\n to the resulting product, except that if the ownership percentage for an interest in any link in the\n chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100\n percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A's\n interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's\n interest in licensee C would be 20% because B's ownership of C exceeds 50%).\n\n (iii) Any person who manages the operations of a licensee pursuant to a management agreement\n shall be considered to have an attributable interest in such licensee if such person, or its\n affiliate, has authority to make decisions or otherwise engage in practices or activities that\n determine, or significantly influence, the nature or types of services offered by such licensee,\n the terms upon which such services are offered, or the prices charged for such services.\n\n (iv) Any licensee or its affiliate who enters into a joint marketing arrangement with another licensee\n or its affiliate shall be considered to have an attributable interest in the other licensee's holdings\n if it has authority to make decisions or otherwise engage in practices or activities that\n determine or significantly influence the nature or types of services offered by the other licensee,\n the terms upon which such services are offered, or the prices charged for such services.\n\n (v) Limited partnership interests shall be attributed to limited partners and shall be calculated\n according to both the percentage of equity paid in and the percentage of distribution of profits\n and losses.\n\n (vi) Debt and instruments such as warrants, convertible debentures, options, or other interests\n (except non-voting stock) with rights of conversion to voting interests shall not be attributed\n unless and until converted or unless the Commission determines that these interests confer de\n facto control.\n\n (5) The following interests shall be attributable to holders, except to lessees and sublessees for the\n purpose of qualifying to bid on reserved licenses offered in the Incentive Auction, discussed in\n paragraph (c) of this section, on the basis of status as a non-nationwide provider:\n\n (i) Long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter and\n long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) that\n enable commercial use shall be attributable to lessees, lessors, sublessees, and sublessors for\n purposes of this section.\n\n (ii) [Reserved]\n\n (c) 600 MHz Band holdings.\n\n\n47 CFR 20.22(c) (enhanced display) page 34 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.22(c)(1)\nCommercial Mobile Services\n\n\n (1) The Commission will reserve licenses for up to 30 megahertz of the 600 MHz Band, offered in the\n Incentive Auction authorized by Congress pursuant to 47 U.S.C. 309(j)(8)(G), for otherwise qualified\n bidders who do not hold an attributable interest in 45 megahertz or more of the total 134 megahertz\n of below-1-GHz spectrum which consists of the cellular (50 megahertz), the 700 MHz (70\n megahertz), and the SMR (14 megahertz) spectrum in a Partial Economic Area (PEA), as calculated\n on a county by county population-weighted basis, utilizing 2010 U.S. Census data. The amount of\n reserved and unreserved 600 MHz Band licenses will be determined based on the market-based\n spectrum reserve set forth in Policies Regarding Mobile Spectrum Holdings, Report and Order, FCC\n 14–63, WT Docket No. 12–269, adopted May 15, 2014, as well as subsequent Public Notices.\n Nothing in this paragraph will limit, or may be construed to limit, an otherwise qualified bidder that is\n a non-nationwide provider of mobile wireless services from bidding on any reserved or unreserved\n license offered in the Incentive Auction.\n\n (2) For a period of six years, after initial licensing, no 600 MHz Band license, regardless of whether it is\n reserved or unreserved, may be transferred, assigned, partitioned, disaggregated, or long term leased\n to any entity that, after consummation of the transfer, assignment, or leased on a long term basis,\n would hold an attributable interest in one-third or more of the total suitable and available\n below-1-GHz spectrum as calculated on a county by county population-weighted basis in the\n relevant license area, utilizing 2010 U.S. Census data.\n\n (3) For a period of six years, after initial licensing, no 600 MHz Band reserved license may be transferred,\n assigned, partitioned, disaggregated, or leased on a long term basis to an entity that was not\n qualified to bid on that reserved spectrum license under paragraph (c)(1) of this section at the time\n of the Incentive Auction short-form application deadline.\n\n[79 FR 40002, July 11, 2014, as amended at 80 FR 61970, Oct. 14, 2015]\n\n\n§ 20.23 Contraband wireless devices in correctional facilities.\n (a) Good faith negotiations. CMRS licensees must negotiate in good faith with entities seeking to deploy a\n Contraband Interdiction System (CIS) in a correctional facility. Upon receipt of a good faith request by an\n entity seeking to deploy a CIS in a correctional facility, a CMRS licensee must negotiate toward a lease\n agreement. If, after a 45 day period, there is no agreement, CIS providers seeking Special Temporary\n Authority (STA) to operate in the absence of CMRS licensee consent may file a request for STA with the\n Wireless Telecommunications Bureau (WTB), accompanied by evidence demonstrating its good faith, and\n the unreasonableness of the CMRS licensee's actions, in negotiating an agreement. The request must be\n served on the CMRS licensee no later than the filing of the STA request, and the CMRS licensee may file a\n response with WTB, with a copy served on the CIS provider at that time, within 10 days of the filing of the\n STA request. If WTB determines that the CIS provider has negotiated in good faith, yet the CMRS licensee\n has not negotiated in good faith, WTB may issue STA to the entity seeking to deploy the CIS,\n notwithstanding lack of accompanying CMRS licensee consent.\n\n (b) Contraband Interdiction System (CIS) authorization process. The provisions in this section apply to any\n person seeking certification of a CIS authorized for use in the submission of qualifying disabling requests,\n whether operating a system that requires a license and is regulated as CMRS or private mobile radio\n service (PMRS), or operating a passive system that does not require a license. The Wireless\n Telecommunications Bureau (Bureau) will establish, via public notice, the form and procedure for: CIS\n\n\n\n\n47 CFR 20.23(b) (enhanced display) page 35 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.23(b)(1)\nCommercial Mobile Services\n\n\n operators to file CIS certification applications, self-certifications, and periodic re-certification; CIS\n operators to serve on wireless providers notice of testing and copies of self-certification; and wireless\n providers to file objections to self-certifications, including required service on CIS operators and DCFOs.\n\n (1) Application requirements. To obtain CIS certification, an applicant must submit an application to the\n Bureau for review and approval that:\n\n (i) Demonstrates that all radio transmitters used as part of the CIS have appropriate equipment\n authorizations pursuant to Commission rules in part 2 of this chapter;\n\n (ii) Demonstrates that the CIS is designed and will be configured to locate devices solely within a\n correctional facility;\n\n (iii) Describes the methodology to be used in analyzing data collected by the CIS and demonstrates\n that such methodology is adequately robust to ensure that the particular wireless device is in\n fact located within a correctional facility and includes specific data analysis benchmarks\n designed to ensure successful detection, such as rate of detection of contraband versus non-\n contraband devices and relevant sample size (e.g. number of devices observed and length of\n observation period);\n\n (iv) Demonstrates that the CIS will secure and protect all information or data collected as part of its\n intended use;\n\n (v) Demonstrates that the CIS will not interfere with emergency 911 calls;\n\n (vi) Describes whether the CIS requires a spectrum or network access agreement (e.g., a spectrum\n leasing arrangement or roaming agreement) to be authorized to operate; and\n\n (vii) Includes a proposed test plan for subsequent site-based testing of each CIS, that must include\n detailed descriptions and technical specifications to facilitate Commission review of whether\n the system satisfies its legal requirements and technically functions as anticipated.\n\n (2) Marketing and sales. CIS that are certified for use in qualifying requests for disabling of contraband\n devices may be marketed or sold only to correctional facilities or entities that will provide\n contraband interdiction services to such facilities.\n\n (3) Site-based testing and self-certification requirements —\n\n (i) Site-based testing. A CIS operator seeking to use the CIS to submit qualifying requests for\n disabling must test a certified CIS at each location where it intends to operate. Thereafter, the\n CIS operator must file with the Bureau a self-certification that complies with paragraph (b)(3)(ii)\n of this section, confirming that the testing at that specific correctional facility is complete and\n successful. The CIS operator must serve notice of the testing on all relevant wireless providers\n prior to testing and provide such wireless providers a reasonable opportunity to participate in\n the tests. Relevant wireless providers include any wireless provider holding a spectrum license\n that:\n\n (A) Authorizes operation on the frequencies on which the CIS seeks to detect contraband use;\n and\n\n (B) Authorizes service in the geographic area (e.g., census tract, county, Partial Economic Area\n (PEA), Economic Area (EA), Cellular Market Area (CMA), Regional Economic Area Grouping\n (REAG)) within which the correctional facility is located.\n\n\n47 CFR 20.23(b)(3)(i)(B) (enhanced display) page 36 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.23(b)(3)(ii)\nCommercial Mobile Services\n\n\n (ii) Self-certification. Following the testing, and to be eligible for use in conjunction with qualifying\n requests for disabling, a CIS operator must file a self-certification with the Bureau that:\n\n (A) Identifies the correctional facility where it seeks to deploy;\n\n (B) Attests that applicable Federal or state criminal statutes prohibit the possession or\n operation of contraband devices within the correctional facility (and includes the\n applicable Federal or state criminal statutory provision);\n\n (C) Describes the results of on-site tests of the certified CIS conducted at the correctional\n facility;\n\n (D) Attests that the on-site testing was performed consistent with the approved test plans for\n the certified CIS and that the CIS deployment minimizes the risk of disabling a non-\n contraband device;\n\n (E) Identifies whether any relevant wireless providers participated in the testing, and provides\n proof that the relevant wireless providers were given notice regarding the testing and a\n reasonable opportunity to participate;\n\n (F) Includes proof of any spectrum and/or network access agreement (e.g., a spectrum\n leasing arrangement and/or roaming agreement) required to be authorized to operate\n and/or for the system to function effectively;\n\n (G) Includes proof that the self-certification was served via electronic means on all relevant\n wireless providers; and\n\n (H) Includes an attestation from the DCFO verifying that all information contained in the self-\n certification is true and accurate.\n\n (I) The self-certification must be filed in accordance with part 1, subpart F, of this chapter.\n\n (4) Submitting objections. Wireless providers may submit objections to the Bureau within five business\n days from the certification filing date. Any such objections must be served on the DCFO and the CIS\n operator.\n\n (5) Recertification. At least every three years after the initial self-certification, CIS operators seeking to\n maintain the ability to submit qualifying requests through a DCFO for contraband device disabling\n must retest their systems and recertify them for continued CIS accuracy. Recertifications must\n comply with the same rules and filing instructions that apply to the initial self-certification.\n\n (6) Suspension of CIS eligibility. The Bureau may suspend CIS certification generally or at a particular\n facility if subsequent credible information calls into question a system's reliability.\n\n (7) Records maintenance. To ensure the integrity and proper operation of CISs, a CIS operator must\n retain records of all information supporting each request for disabling and the basis for disabling\n each device, including copies of all documents submitted in the qualifying request, for at least five\n years following the date of submission of the relevant disabling request. CIS operators of systems\n that have been tested and approved for use in qualifying requests must make available all records\n upon request from the Bureau.\n\n (c) Disabling contraband wireless devices. A DCFO may request that a CMRS licensee disable a contraband\n wireless device that has been detected in a correctional facility by a CIS that has been certified in\n accordance with paragraph (b) of this section. Absent objections from a wireless provider, as described\n\n47 CFR 20.23(c) (enhanced display) page 37 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.23(c)(1)\nCommercial Mobile Services\n\n\n under paragraph (b)(4) of this section, the DCFO may submit a qualifying request to a wireless provider\n beginning on the sixth business day after the later of the self-certification filing or actual service, as\n described under paragraph (b)(3)(ii) of this section.\n\n (1) DCFO list. The Commission will maintain a publicly available list of DCFOs that are authorized to\n transmit qualifying disabling requests. Authorized DCFOs that seek to be recognized on the\n Commission's DCFO list must send a letter to the Commission's Contraband Ombudsperson, signed\n by the relevant state attorney general or the relevant Bureau of Prisons Regional Director and\n providing:\n\n (i) The individual's name;\n\n (ii) The individual's official government position; and\n\n (iii) A list of correctional facilities over which the individual has oversight and management\n authority.\n\n (2) Qualifying request. A qualifying request must be made in writing, contain the certifications in\n paragraph (c)(2)(i) of this section and the device and correctional facility identifying information in\n paragraph (c)(2)(ii) of this section, and be signed by the appropriate DCFO. The DCFO must transmit\n a qualifying request to a CMRS licensee using a secure communication means that will provide\n certainty regarding the identity of both the sending and receiving parties. A CMRS licensee must\n adopt a method, or use an existing method, for receiving secured and verified qualifying requests.\n\n (i) Certifications. A qualifying request must include the following certifications by the DCFO:\n\n (A) A CIS that has been certified in accordance with paragraph (b) of this section was used to\n gather the contraband subscriber and device information populated in the qualifying\n request;\n\n (B) The certified CIS was used to identify contraband wireless devices operating in a\n correctional facility where the CIS has been tested and self-certified for operational\n readiness and for use in qualifying requests, and the identification of contraband wireless\n devices occurred within 30 days immediately prior to the date of the qualifying request\n submission;\n\n (C) The DCFO has reviewed the list of contraband wireless devices and attests that it is\n accurate; and\n\n (D) It is a violation of applicable state or Federal criminal statutes to possess or operate a\n contraband device in the correctional facility.\n\n (ii) Device and correctional facility identifying information. The qualifying request must identify the\n contraband wireless device to be disabled and the correctional facility by providing the\n following information:\n\n (A) Identifiers sufficient to:\n\n (1) Identify the applicable wireless service provider;\n\n (2) Uniquely describe each of the contraband wireless devices in question at the\n subscription level; and\n\n (3) Uniquely describe each of the contraband wireless devices in question at the device-\n level;\n\n47 CFR 20.23(c)(2)(ii)(A)(3) (enhanced display) page 38 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.23(c)(2)(ii)(B)\nCommercial Mobile Services\n\n\n (B) Name of the correctional facility at which the contraband wireless device(s) were\n identified; and\n\n (C) Street address of the correctional facility at which the contraband wireless device(s) were\n identified.\n\n (3) Licensee actions upon receipt of a qualifying request. Upon receiving a request from a DCFO to\n disable a contraband wireless device, a licensee providing CMRS service must verify that the request\n contains the required information for a qualifying request, as defined in paragraph (c)(2) of this\n section.\n\n (i) Disabling upon receipt of a qualifying request and timing. If the qualifying request contains the\n required information, and does not contain an error in the device identifying information\n preventing the licensee from being able to disable the device, a licensee must, within two\n business days of receipt of the qualifying request, disable the contraband wireless device from\n using the wireless provider's network at both the device and subscriber level and take\n reasonable and practical steps to prevent the contraband wireless device from being used on\n another wireless provider's network.\n\n (ii) Rejection of a qualifying request and timing. A licensee may reject a qualifying request within\n two business days of receipt of a qualifying request if it does not include the information\n required for a qualifying request or, with respect to a relevant device, the request contains an\n error in the device-identifying information preventing the licensee from being able to disable the\n device.\n\n (iii) Customer outreach. A licensee may immediately disable a contraband wireless device without\n any customer outreach, or a licensee may contact the customer of record through any available\n means to notify them that the device will be disabled, but any such notice does not modify the\n licensee's obligation to comply with paragraphs (c)(3)(i) and (ii) of this section.\n\n (iv) Notification to the Designated Correctional Facility Official. Within two business days of\n receiving a qualifying request from a DCFO, a licensee must inform the DCFO whether the\n request has been granted or rejected.\n\n (4) Reversals. A licensee may reverse a disabled wireless device if it determines that the wireless device\n was identified erroneously as contraband. The licensee must promptly inform the DCFO of the\n erroneously identified wireless device.\n\n (i) DCFO involvement. Prior to reversing a disabling action, a wireless provider that determines that\n a device may have been erroneously identified as contraband may request that the DCFO review\n and confirm the information provided in a qualifying request pursuant to which the device was\n previously disabled. To trigger DCFO involvement, the wireless provider must provide the DCFO\n with:\n\n (A) The date of the qualifying request;\n\n (B) The identifying information provided for the device; and\n\n (C) Any evidence supporting the wireless provider's belief that the device was erroneously\n identified.\n\n\n\n\n47 CFR 20.23(c)(4)(i)(C) (enhanced display) page 39 of 40\n\f47 CFR Part 20 (up to date as of 2/20/2024)\n 47 CFR 20.23(c)(4)(ii)\nCommercial Mobile Services\n\n\n (ii) DCFO response. Upon receipt of a request from a wireless provider, the DCFO should review the\n qualifying request and determine whether the device in question was erroneously identified and\n either confirm the validity of the identifying information contained in the qualifying request or\n acknowledge the error and direct the carrier to restore service to the device.\n\n (iii) Restoration of service. In the event the DCFO directs the wireless provider to reverse the\n disabling, the wireless provider must, within two business days, restore service to the device\n and reverse any actions taken to prevent the device from accessing other wireless provider\n networks.\n\n (iv) Wireless provider action in absence of timely DCFO response. In the event the DCFO does not\n respond to a request from a wireless provider for review of a qualifying request within two\n business days, the wireless provider may proceed with reversing the disabling action.\n\n (v) Notice of reversals. The DCFO must provide notice to the Contraband Ombudsperson of the\n number of erroneously disabled devices on a quarterly basis at the end of any quarter during\n which a device disabling was reversed.\n\n (d) Notification to Managed Access System (MAS) operators of wireless provider technical changes —\n\n (1) Notification requirements. CMRS licensees leasing spectrum to MAS operators must provide 90\n days' advance notice to MAS operators of the following network changes occurring within 15 miles\n of the correctional facility, unless parties modify notification arrangements through mutual\n agreement:\n\n (i) Adding a new frequency band to service offerings;\n\n (ii) Deploying a new air interface technology or changing an existing air interface technology; and/\n or\n\n (iii) Adding, relocating, or removing a site.\n\n (2) Good faith negotiations. CMRS licensee lessors and MAS operator lessees must negotiate in good\n faith to reach an agreement for notification for other types of network adjustments not covered by\n the notice requirement set forth in paragraph (d)(1) of this section and for the parties' treatment of\n confidential information contained in notifications required pursuant to this section and/or\n negotiated between the parties.\n\n (3) Emergency network changes exception. CMRS licensees leasing spectrum to managed access\n systems (MAS) operators are not required to provide 90 days' advance notice to MAS operators of\n network technical changes occurring within 15 miles of the correctional facility that are required due\n to emergency and disaster preparedness. CMRS licensees must provide notice of these technical\n changes immediately after the exigency.\n\n[82 FR 22761, May 18, 2017, as amended at 86 FR 44638, Aug. 13, 2021]\n\n\n\n\n47 CFR 20.23(d)(3) (enhanced display) page 40 of 40\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":50,"cells":{"Content":{"kind":"string","value":"47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR Part 51 (Feb. 20, 2024)\nInterconnection\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter B —Common Carrier Services\n\nPart 51 Interconnection\n Subpart A General Information\n § 51.1 Basis and purpose.\n § 51.3 Applicability to negotiated agreements.\n § 51.5 Terms and definitions.\n Subpart B Telecommunications Carriers\n § 51.100 General duty.\n Subpart C Obligations of All Local Exchange Carriers\n § 51.201 Resale.\n § 51.203 Number portability.\n § 51.205 Dialing parity: General.\n § 51.207 Local dialing parity.\n § 51.217 Nondiscriminatory access: Telephone numbers, operator services, directory\n assistance services, and directory listings.\n § 51.219 Access to rights of way.\n § 51.221 Reciprocal compensation.\n § 51.223 Application of additional requirements.\n § 51.230 Presumption of acceptability for deployment of an advanced services loop\n technology.\n § 51.231 Provision of information on advanced services deployment.\n § 51.232 Binder group management.\n § 51.233 Significant degradation of services caused by deployment of advanced services.\n Subpart D Additional Obligations of Incumbent Local Exchange Carriers\n § 51.301 Duty to negotiate.\n § 51.303 Preexisting agreements.\n § 51.305 Interconnection.\n § 51.307 Duty to provide access on an unbundled basis to network elements.\n § 51.309 Use of unbundled network elements.\n § 51.311 Nondiscriminatory access to unbundled network elements.\n § 51.313 Just, reasonable and nondiscriminatory terms and conditions for the provision of\n unbundled network elements.\n § 51.315 Combination of unbundled network elements.\n § 51.316 Conversion of unbundled network elements and services.\n\n47 CFR Part 51 (Feb. 20, 2024) (enhanced display) page 1 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR Part 51 (Feb. 20, 2024)\nInterconnection\n\n\n § 51.317 Standards for requiring the unbundling of network elements.\n § 51.318 Eligibility criteria for access to certain unbundled network elements.\n § 51.319 Specific unbundling requirements.\n § 51.320 Assumption of responsibility by the Commission.\n § 51.321 Methods of obtaining interconnection and access to unbundled elements under\n section 251 of the Act.\n § 51.323 Standards for physical collocation and virtual collocation.\n § 51.325 Notice of network changes: Public notice requirement.\n § 51.327 Notice of network changes: Content of notice.\n § 51.329 Notice of network changes: Methods for providing notice.\n § 51.331 Notice of network changes: Timing of notice.\n § 51.333 Notice of network changes: Short term notice, objections thereto and objections to\n copper retirement notices.\n § 51.335 Notice of network changes: Confidential or proprietary information.\n Subpart E Exemptions, Suspensions, and Modifications of Requirements of\n Section 251 of the Act\n § 51.401 State authority.\n § 51.403 Carriers eligible for suspension or modification under section 251(f)(2) of the Act.\n § 51.405 Burden of proof.\n Subpart F Pricing of Elements\n § 51.501 Scope.\n § 51.503 General pricing standard.\n § 51.505 Forward-looking economic cost.\n § 51.507 General rate structure standard.\n § 51.509 Rate structure standards for specific elements.\n § 51.511 Forward-looking economic cost per unit.\n § 51.513 Proxies for forward-looking economic cost.\n § 51.515 Application of access charges.\n Subpart G Resale\n § 51.601 Scope of resale rules.\n § 51.603 Resale obligation of all local exchange carriers.\n § 51.605 Additional obligations of incumbent local exchange carriers.\n § 51.607 Wholesale pricing standard.\n § 51.609 Determination of avoided retail costs.\n § 51.611 Interim wholesale rates.\n § 51.613 Restrictions on resale.\n § 51.615 Withdrawal of services.\n § 51.617 Assessment of end user common line charge on resellers.\n Subpart H Reciprocal Compensation for Transport and Termination of\n\n47 CFR Part 51 (Feb. 20, 2024) (enhanced display) page 2 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR Part 51 (Feb. 20, 2024)\nInterconnection\n\n\n Telecommunications Traffic\n § 51.700 Purpose of this subpart.\n § 51.701 Scope of transport and termination pricing rules.\n § 51.703 Non-Access reciprocal compensation obligation of LECs.\n § 51.705 LECs' rates for transport and termination.\n § 51.707 [Reserved]\n § 51.709 Rate structure for transport and termination.\n § 51.711 Symmetrical reciprocal compensation.\n § 51.713 Bill-and-keep arrangements.\n § 51.715 Interim transport and termination pricing.\n § 51.717 [Reserved]\n Subpart I Procedures for Implementation of Section 252 of the Act\n § 51.801 Commission action upon a state commission's failure to act to carry out its\n responsibility under section 252 of the Act.\n § 51.803 Procedures for Commission notification of a state commission's failure to act.\n § 51.805 The Commission's authority over proceedings and matters.\n § 51.807 Arbitration and mediation of agreements by the Commission pursuant to section\n 252(e)(5) of the Act.\n § 51.809 Availability of agreements to other telecommunications carriers under section 252(i)\n of the Act.\n Subpart J Transitional Access Service Pricing\n § 51.901 Purpose and scope of transitional access service pricing rules.\n § 51.903 Definitions.\n § 51.905 Implementation.\n § 51.907 Transition of price cap carrier access charges.\n § 51.909 Transition of rate-of-return carrier access charges.\n § 51.911 Access reciprocal compensation rates for competitive LECs.\n § 51.913 Transition for VoIP-PSTN traffic.\n § 51.914 Additional provisions applicable to Access Stimulation traffic.\n § 51.915 Recovery mechanism for price cap carriers.\n § 51.917 Revenue recovery for Rate-of-Return Carriers.\n § 51.919 Reporting and monitoring.\n\n\nPART 51—INTERCONNECTION\nAuthority: 47 U.S.C. 151–55, 201–05, 207–09, 218, 225–27, 251–52, 271, 332 unless otherwise noted.\n\nSource: 61 FR 45619, Aug. 29, 1996, unless otherwise noted.\n\nSubpart A—General Information\n47 CFR 51 (enhanced display) page 3 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.1\nInterconnection\n\n\n§ 51.1 Basis and purpose.\n (a) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended.\n\n (b) Purpose. The purpose of these rules is to implement sections 251 and 252 of the Communications Act of\n 1934, as amended, 47 U.S.C. 251 and 252.\n\n§ 51.3 Applicability to negotiated agreements.\nTo the extent provided in section 252(e)(2)(A) of the Act, a state commission shall have authority to approve an\ninterconnection agreement adopted by negotiation even if the terms of the agreement do not comply with the\nrequirements of this part.\n\n§ 51.5 Terms and definitions.\nTerms used in this part have the following meanings:\n\n Act. The Communications Act of 1934, as amended.\n\n Advanced intelligent network. Advanced intelligent network is a telecommunications network architecture in\n which call processing, call routing, and network management are provided by means of centralized\n databases located at points in an incumbent local exchange carrier's network.\n\n Advanced services. The term “advanced services” is defined as high speed, switched, broadband, wireline\n telecommunications capability that enables users to originate and receive high-quality voice, data,\n graphics or video telecommunications using any technology.\n\n Arbitration, final offer. Final offer arbitration is a procedure under which each party submits a final offer\n concerning the issues subject to arbitration, and the arbitrator selects, without modification, one of the\n final offers by the parties to the arbitration or portions of both such offers. “Entire package final offer\n arbitration,” is a procedure under which the arbitrator must select, without modification, the entire\n proposal submitted by one of the parties to the arbitration. “Issue-by-issue final offer arbitration,” is a\n procedure under which the arbitrator must select, without modification, on an issue-by-issue basis, one of\n the proposals submitted by the parties to the arbitration.\n\n Billing. Billing involves the provision of appropriate usage data by one telecommunications carrier to another to\n facilitate customer billing with attendant acknowledgements and status reports. It also involves the\n exchange of information between telecommunications carriers to process claims and adjustments.\n\n Binder or binder group. Copper pairs bundled together, generally in groups of 25, 50 or 100.\n\n Business line. A business line is an incumbent LEC-owned switched access line used to serve a business\n customer, whether by the incumbent LEC itself or by a competitive LEC that leases the line from the\n incumbent LEC. The number of business lines in a wire center shall equal the sum of all incumbent LEC\n business switched access lines, plus the sum of all UNE loops connected to that wire center, including\n UNE loops provisioned in combination with other unbundled elements. Among these requirements,\n business line tallies:\n\n (1) Shall include only those access lines connecting end-user customers with incumbent LEC end-\n offices for switched services,\n\n (2) Shall not include non-switched special access lines,\n\n\n\n47 CFR 51.5 “Business line” (2) (enhanced display) page 4 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.5 “Business line” (3)\nInterconnection\n\n\n (3) Shall account for ISDN and other digital access lines by counting each 64 kbps-equivalent as one\n line. For example, a DS1 line corresponds to 24 64 kbps-equivalents, and therefore to 24 “business\n lines.”\n\n Commercial Mobile Radio Service (CMRS). CMRS has the same meaning as that term is defined in § 20.3 of this\n chapter.\n\n Commingling. Commingling means the connecting, attaching, or otherwise linking of an unbundled network\n element, or a combination of unbundled network elements, to one or more facilities or services that a\n requesting telecommunications carrier has obtained at wholesale from an incumbent LEC, or the\n combining of an unbundled network element, or a combination of unbundled network elements, with one\n or more such facilities or services. Commingle means the act of commingling.\n\n Commission. Commission refers to the Federal Communications Commission.\n\n Day. Day means calendar day.\n\n Dialing parity. The term dialing parity means that a person that is not an affiliate of a local exchange carrier is\n able to provide telecommunications services in such a manner that customers have the ability to route\n automatically, without the use of any access code, their telecommunications to the telecommunications\n service provider of the customer's designation from among 2 or more telecommunications service\n providers (including such local exchange carrier).\n\n Directory assistance service. Directory assistance service includes, but is not limited to, making available to\n customers, upon request, information contained in directory listings.\n\n Directory listings. Directory listings are any information:\n\n (1) Identifying the listed names of subscribers of a telecommunications carrier and such subscriber's\n telephone numbers, addresses, or primary advertising classifications (as such classifications are\n assigned at the time of the establishment of such service), or any combination of such listed names,\n numbers, addresses or classifications; and\n\n (2) That the telecommunications carrier or an affiliate has published, caused to be published, or\n accepted for publication in any directory format.\n\n Downstream database. A downstream database is a database owned and operated by an individual carrier for\n the purpose of providing number portability in conjunction with other functions and services.\n\n Enhanced extended link. An enhanced extended link or EEL consists of a combination of an unbundled loop and\n unbundled dedicated transport, together with any facilities, equipment, or functions necessary to combine\n those network elements.\n\n Equipment necessary for interconnection or access to unbundled network elements. For purposes of section\n 251(c)(2) of the Act, the equipment used to interconnect with an incumbent local exchange carrier's\n network for the transmission and routing of telephone exchange service, exchange access service, or\n both. For the purposes of section 251(c)(3) of the Act, the equipment used to gain access to an\n incumbent local exchange carrier's unbundled network elements for the provision of a\n telecommunications service.\n\n Fiber-based collocator. A fiber-based collocator is any carrier, unaffiliated with the incumbent LEC, that maintains\n a collocation arrangement in an incumbent LEC wire center, with active electrical power supply, and\n operates a fiber-optic cable or comparable transmission facility that\n\n\n47 CFR 51.5 “Fiber-based collocator” (enhanced display) page 5 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.5 “Fiber-based collocator” (1)\nInterconnection\n\n\n (1) Terminates at a collocation arrangement within the wire center;\n\n (2) Leaves the incumbent LEC wire center premises; and\n\n (3) Is owned by a party other than the incumbent LEC or any affiliate of the incumbent LEC, except as set\n forth in this paragraph. Dark fiber obtained from an incumbent LEC on an indefeasible right of use\n basis shall be treated as non-incumbent LEC fiber-optic cable. Two or more affiliated fiber-based\n collocators in a single wire center shall collectively be counted as a single fiber-based collocator. For\n purposes of this paragraph, the term affiliate is defined by 47 U.S.C. 153(1) and any relevant\n interpretation in this Title.\n\n Incumbent Local Exchange Carrier (Incumbent LEC). With respect to an area, the local exchange carrier that:\n\n (1) On February 8, 1996, provided telephone exchange service in such area; and\n\n (2)\n\n (i) On February 8, 1996, was deemed to be a member of the exchange carrier association pursuant\n to § 69.601(b) of this chapter; or\n\n (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a\n member described in paragraph (2)(i) of this section.\n\n Information services. The term information services means the offering of a capability for generating, acquiring,\n storing, transforming, processing, retrieving, utilizing, or making available information via\n telecommunications, and includes electronic publishing, but does not include any use of any such\n capability for the management, control, or operation of a telecommunications system or the management\n of a telecommunications service.\n\n Interconnection. Interconnection is the linking of two networks for the mutual exchange of traffic. This term does\n not include the transport and termination of traffic.\n\n Known disturber. An advanced services technology that is prone to cause significant interference with other\n services deployed in the network.\n\n Intermodal. The term intermodal refers to facilities or technologies other than those found in traditional\n telephone networks, but that are utilized to provide competing services. Intermodal facilities or\n technologies include, but are not limited to, traditional or new cable plant, wireless technologies, and\n power line technologies.\n\n Local Access and Transport Area (LATA). A Local Access and Transport Area is a contiguous geographic area—\n\n (1) Established before February 8, 1996 by a Bell operating company such that no exchange area\n includes points within more than 1 metropolitan statistical area, consolidated metropolitan\n statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or\n\n (2) Established or modified by a Bell operating company after February 8, 1996 and approved by the\n Commission.\n\n Local Exchange Carrier (LEC). A LEC is any person that is engaged in the provision of telephone exchange\n service or exchange access. Such term does not include a person insofar as such person is engaged in\n the provision of a commercial mobile service under section 332(c) of the Act, except to the extent that the\n Commission finds that such service should be included in the definition of the such term.\n\n\n\n47 CFR 51.5 “Local Exchange Carrier” (enhanced display) page 6 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024) 47 CFR 51.5 “Maintenance and repair. Maintenance and\nInterconnection repair”\n\n\n Maintenance and repair. Maintenance and repair involves the exchange of information between\n telecommunications carriers where one initiates a request for maintenance or repair of existing products\n and services or unbundled network elements or combination thereof from the other with attendant\n acknowledgements and status reports.\n\n Meet point. A meet point is a point of interconnection between two networks, designated by two\n telecommunications carriers, at which one carrier's responsibility for service begins and the other carrier's\n responsibility ends.\n\n Meet point interconnection arrangement. A meet point interconnection arrangement is an arrangement by which\n each telecommunications carrier builds and maintains its network to a meet point.\n\n Mobile wireless service. A mobile wireless service is any mobile wireless telecommunications service, including\n any commercial mobile radio service.\n\n Multi-functional equipment. Multi-functional equipment is equipment that combines one or more functions that\n are necessary for interconnection or access to unbundled network elements with one or more functions\n that would not meet that standard as stand-alone functions.\n\n Network element. A network element is a facility or equipment used in the provision of a telecommunications\n service. Such term also includes, but is not limited to, features, functions, and capabilities that are\n provided by means of such facility or equipment, including but not limited to, subscriber numbers,\n databases, signaling systems, and information sufficient for billing and collection or used in the\n transmission, routing, or other provision of a telecommunications service.\n\n Operator services. Operator services are any automatic or live assistance to a consumer to arrange for billing or\n completion of a telephone call. Such services include, but are not limited to, busy line verification,\n emergency interrupt, and operator-assisted directory assistance services.\n\n Physical collocation. Physical collocation is an offering by an incumbent LEC that enables a requesting\n telecommunications carrier to:\n\n (1) Place its own equipment to be used for interconnection or access to unbundled network elements\n within or upon an incumbent LEC's premises;\n\n (2) Use such equipment to interconnect with an incumbent LEC's network facilities for the transmission\n and routing of telephone exchange service, exchange access service, or both, or to gain access to an\n incumbent LEC's unbundled network elements for the provision of a telecommunications service;\n\n (3) Enter those premises, subject to reasonable terms and conditions, to install, maintain, and repair\n equipment necessary for interconnection or access to unbundled elements; and\n\n (4) Obtain reasonable amounts of space in an incumbent LEC's premises, as provided in this part, for the\n equipment necessary for interconnection or access to unbundled elements, allocated on a first-\n come, first-served basis.\n\n Premises. Premises refers to an incumbent LEC's central offices and serving wire centers; all buildings or similar\n structures owned, leased, or otherwise controlled by an incumbent LEC that house its network facilities;\n all structures that house incumbent LEC facilities on public rights-of-way, including but not limited to\n vaults containing loop concentrators or similar structures; and all land owned, leased, or otherwise\n controlled by an incumbent LEC that is adjacent to these central offices, wire centers, buildings, and\n structures.\n\n\n\n47 CFR 51.5 “Premises. Premises” (enhanced display) page 7 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.5 “Pre-ordering and ordering”\nInterconnection\n\n\n Pre-ordering and ordering. Pre-ordering and ordering includes the exchange of information between\n telecommunications carriers about: current or proposed customer products and services; or unbundled\n network elements, or some combination thereof. This information includes loop qualification information,\n such as the composition of the loop material, including but not limited to: fiber optics or copper; the\n existence, location and type of any electronic or other equipment on the loop, including but not limited to,\n digital loop carrier or other remote concentration devices, feeder/distribution interfaces, bridge taps, load\n coils, pair-gain devices, disturbers in the same or adjacent binder groups; the loop length, including the\n length and location of each type of transmission media; the wire gauge(s) of the loop; and the electrical\n parameters of the loop, which may determine the suitability of the loop for various technologies.\n\n Provisioning. Provisioning involves the exchange of information between telecommunications carriers where\n one executes a request for a set of products and services or unbundled network elements or combination\n thereof from the other with attendant acknowledgements and status reports.\n\n Rural telephone company. A rural telephone company is a LEC operating entity to the extent that such entity:\n\n (1) Provides common carrier service to any local exchange carrier study area that does not include\n either:\n\n (i) Any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most\n recently available population statistics of the Bureau of the Census; or\n\n (ii) Any territory, incorporated or unincorporated, included in an urbanized area, as defined by the\n Bureau of the Census as of August 10, 1993;\n\n (2) Provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;\n\n (3) Provides telephone exchange service to any local exchange carrier study area with fewer than\n 100,000 access lines; or\n\n (4) Has less than 15 percent of its access lines in communities of more than 50,000 on February 8,\n 1996.\n\n Service control point. A service control point is a computer database in the public switched network which\n contains information and call processing instructions needed to process and complete a telephone call.\n\n Service creation environment. A service creation environment is a computer containing generic call processing\n software that can be programmed to create new advanced intelligent network call processing services.\n\n Service provider. A service provider is a provider of telecommunications services or a provider of information\n services.\n\n Signal transfer point. A signal transfer point is a packet switch that acts as a routing hub for a signaling network\n and transfers messages between various points in and among signaling networks.\n\n State. The term state includes the District of Columbia and the Territories and possessions.\n\n State commission. A state commission means the commission, board, or official (by whatever name designated)\n which under the laws of any state has regulatory jurisdiction with respect to intrastate operations of\n carriers. As referenced in this part, this term may include the Commission if it assumes responsibility for\n a proceeding or matter, pursuant to section 252(e)(5) of the Act or § 51.320. This term shall also include\n any person or persons to whom the state commission has delegated its authority under sections 251 and\n 252 of the Act and this part.\n\n\n\n47 CFR 51.5 “State commission” (enhanced display) page 8 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.5 “State proceeding”\nInterconnection\n\n\n State proceeding. A state proceeding is any administrative proceeding in which a state commission may approve\n or prescribe rates, terms, and conditions including, but not limited to, compulsory arbitration pursuant to\n section 252(b) of the Act, review of a Bell operating company statement of generally available terms\n pursuant to section 252(f) of the Act, and a proceeding to determine whether to approve or reject an\n agreement adopted by arbitration pursuant to section 252(e) of the Act.\n\n Technically feasible. Interconnection, access to unbundled network elements, collocation, and other methods of\n achieving interconnection or access to unbundled network elements at a point in the network shall be\n deemed technically feasible absent technical or operational concerns that prevent the fulfillment of a\n request by a telecommunications carrier for such interconnection, access, or methods. A determination of\n technical feasibility does not include consideration of economic, accounting, billing, space, or site\n concerns, except that space and site concerns may be considered in circumstances where there is no\n possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or\n equipment to respond to such request does not determine whether satisfying such request is technically\n feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network\n reliability impacts must prove to the state commission by clear and convincing evidence that such\n interconnection, access, or methods would result in specific and significant adverse network reliability\n impacts.\n\n Telecommunications carrier. A telecommunications carrier is any provider of telecommunications services,\n except that such term does not include aggregators of telecommunications services (as defined in\n section 226 of the Act). A telecommunications carrier shall be treated as a common carrier under the Act\n only to the extent that it is engaged in providing telecommunications services, except that the\n Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as\n common carriage. This definition includes CMRS providers, interexchange carriers (IXCs) and, to the\n extent they are acting as telecommunications carriers, companies that provide both telecommunications\n and information services. Private Mobile Radio Service providers are telecommunications carriers to the\n extent they provide domestic or international telecommunications for a fee directly to the public.\n\n Telecommunications service. The term telecommunications service refers to the offering of telecommunications\n for a fee directly to the public, or to such classes of users as to be effectively available directly to the\n public, regardless of the facilities used.\n\n Telephone exchange service. A telephone exchange service is:\n\n (1) A service within a telephone exchange, or within a connected system of telephone exchanges within\n the same exchange area operated to furnish to subscribers intercommunicating service of the\n character ordinarily furnished by a single exchange, and which is covered by the exchange service\n charge, or\n\n (2) A comparable service provided through a system of switches, transmission equipment, or other\n facilities (or combination thereof) by which a subscriber can originate and terminate a\n telecommunications service.\n\n Telephone toll service. The term telephone toll service refers to telephone service between stations in different\n exchange areas for which there is made a separate charge not included in contracts with subscribers for\n exchange service.\n\n Unreasonable dialing delay. For the same type of calls, dialing delay is “unreasonable” when the dialing delay\n experienced by the customer of a competing provider is greater than that experienced by a customer of\n the LEC providing dialing parity, or nondiscriminatory access to operator services or directory assistance.\n\n\n47 CFR 51.5 “Unreasonable dialing delay” (enhanced display) page 9 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.5 “Triennial Review Order”\nInterconnection\n\n\n Triennial Review Order. The Triennial Review Order means the Commission's Report and Order and Order on\n Remand and Further Notice of Proposed Rulemaking in CC Docket Nos. 01–338, 96–98, and 98–147.\n\n Triennial Review Remand Order. The Triennial Review Remand Order is the Commission's Order on Remand in CC\n Docket Nos. 01–338 and 04–313 (released February 4, 2005).\n\n Virtual collocation. Virtual collocation is an offering by an incumbent LEC that enables a requesting\n telecommunications carrier to:\n\n (1) Designate or specify equipment to be used for interconnection or access to unbundled network\n elements to be located within or upon an incumbent LEC's premises, and dedicated to such\n telecommunications carrier's use;\n\n (2) Use such equipment to interconnect with an incumbent LEC's network facilities for the transmission\n and routing of telephone exchange service, exchange access service, or both, or for access to an\n incumbent LEC's unbundled network elements for the provision of a telecommunications service;\n and\n\n (3) Electronically monitor and control its communications channels terminating in such equipment.\n\n Wire center. A wire center is the location of an incumbent LEC local switching facility containing one or more\n central offices, as defined in the Appendix to part 36 of this chapter. The wire center boundaries define the\n area in which all customers served by a given wire center are located.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47348, Sept. 6, 1996; 64 FR 23241, Apr. 30, 1999; 65 FR 1344, Jan. 10, 2000;\n65 FR 2550, Jan. 18, 2000; 65 FR 54438, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001; 68 FR 52293, Sept. 2, 2003; 70 FR 8952, Feb.\n24, 2005]\n\n\nSubpart B—Telecommunications Carriers\n§ 51.100 General duty.\n (a) Each telecommunications carrier has the duty:\n\n (1) To interconnect directly or indirectly with the facilities and equipment of other telecommunications\n carriers; and\n\n (2) To not install network features, functions, or capabilities that do not comply with the guidelines and\n standards as provided in the Commission's rules or section 255 or 256 of the Act.\n\n (b) A telecommunication carrier that has interconnected or gained access under sections 251(a)(1),\n 251(c)(2), or 251(c)(3) of the Act, may offer information services through the same arrangement, so long\n as it is offering telecommunications services through the same arrangement as well.\n\nSubpart C—Obligations of All Local Exchange Carriers\n§ 51.201 Resale.\nThe rules governing resale of services by an incumbent LEC are set forth in subpart G of this part.\n\n§ 51.203 Number portability.\nThe rules governing number portability are set forth in part 52, subpart C of this chapter.\n\n\n47 CFR 51.203 (enhanced display) page 10 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.205\nInterconnection\n\n\n§ 51.205 Dialing parity: General.\nA local exchange carrier (LEC) shall provide local dialing parity to competing providers of telephone exchange\nservice, with no unreasonable dialing delays. Dialing parity shall be provided for originating telecommunications\nservices that require dialing to route a call.\n\n[83 FR 42052, Aug. 20, 2018]\n\n\n§ 51.207 Local dialing parity.\nA LEC shall permit telephone exchange service customers within a local calling area to dial the same number of\ndigits to make a local telephone call notwithstanding the identity of the customer's or the called party's\ntelecommunications service provider.\n\n[61 FR 47349, Sept. 6, 1996]\n\n\n§ 51.217 Nondiscriminatory access: Telephone numbers, operator services, directory assistance\nservices, and directory listings.\n (a) Definitions. As used in this section, the following definitions apply:\n\n (1) Competing provider. A “competing provider” is a provider of telephone exchange or telephone toll\n services that seeks nondiscriminatory access from a local exchange carrier (LEC) in that LEC's\n service area.\n\n (2) Nondiscriminatory access. “Nondiscriminatory access” refers to access to telephone numbers,\n operator services, directory assistance and directory listings that is at least equal to the access that\n the providing local exchange carrier (LEC) itself receives. Nondiscriminatory access includes, but is\n not limited to:\n\n (i) Nondiscrimination between and among carriers in the rates, terms, and conditions of the\n access provided; and\n\n (ii) The ability of the competing provider to obtain access that is at least equal in quality to that of\n the providing LEC.\n\n (3) Providing local exchange carrier (LEC). A “providing local exchange carrier” is a local exchange\n carrier (LEC) that is required to permit nondiscriminatory access to a competing provider.\n\n (b) General rule. A local exchange carrier (LEC) that provides operator services, directory assistance services\n or directory listings to its customers, or provides telephone numbers, shall permit competing providers of\n telephone exchange service or telephone toll service to have nondiscriminatory access to that service or\n feature, with no unreasonable dialing delays.\n\n (c) Specific requirements. A LEC subject to paragraph (b) of this section must also comply with the following\n requirements:\n\n (1) Telephone numbers. A LEC shall permit competing providers to have access to telephone numbers\n that is identical to the access that the LEC provides to itself.\n\n\n\n\n47 CFR 51.217(c)(1) (enhanced display) page 11 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.217(c)(2)\nInterconnection\n\n\n (2) Operator services. A LEC must permit telephone service customers to connect to the operator\n services offered by that customer's chosen local service provider by dialing “0,” or “0” plus the\n desired telephone number, regardless of the identity of the customer's local telephone service\n provider.\n\n (3) Directory assistance services and directory listings —\n\n (i) Access to directory assistance. A LEC shall permit competing providers to have access to its\n directory assistance services, including directory assistance databases, so that any customer\n of a competing provider can obtain directory listings, except as provided in paragraph (c)(3)(iv)\n of this section, on a nondiscriminatory basis, notwithstanding the identity of the customer's\n local service provider, or the identity of the provider for the customer whose listing is requested.\n A LEC must supply access to directory assistance in the manner specified by the competing\n provider, including transfer of the LECs' directory assistance databases in readily accessible\n magnetic tape, electronic or other convenient format, as provided in paragraph (c)(3)(iii) of this\n section. Updates to the directory assistance database shall be made in the same format as the\n initial transfer (unless the requesting LEC requests otherwise), and shall be performed in a\n timely manner, taking no longer than those made to the providing LEC's own database. A LEC\n shall accept the listings of those customers served by competing providers for inclusion in its\n directory assistance/operator services databases.\n\n (ii) Access to directory listings. A LEC that compiles directory listings shall share directory listings\n with competing providers in the manner specified by the competing provider, including readily\n accessible tape or electronic formats, as provided in paragraph (c)(3)(iii) of this section. Such\n data shall be provided in a timely fashion.\n\n (iii) Format. A LEC shall provide access to its directory assistance services, including directory\n assistance databases, and to its directory listings in any format the competing provider\n specifies, if the LEC's internal systems can accommodate that format.\n\n (A) If a LEC's internal systems do not permit it provide directory assistance or directory\n listings in the format the specified by the competing provider, the LEC shall:\n\n (1) Within thirty days of receiving the request, inform the competing provider that the\n requested format cannot be accommodated and tell the requesting provider which\n formats can be accommodated; and\n\n (2) Provide the requested directory assistance or directory listings in the format the\n competing provider chooses from among the available formats.\n\n (B) [Reserved]\n\n (iv) Unlisted numbers. A LEC shall not provide access to unlisted telephone numbers, or other\n information that its customer has asked the LEC not to make available, with the exception of\n customer name and address. The LEC shall ensure that access is permitted to the same\n directory information, including customer name and address, that is available to its own\n directory assistance customers.\n\n (v) Adjuncts to services. Operator services and directory assistance services must be made\n available to competing providers in their entirety, including access to any adjunct features (e.g.,\n rating tables or customer information databases) necessary to allow competing providers full\n use of these services.\n\n47 CFR 51.217(c)(3)(v) (enhanced display) page 12 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.217(d)\nInterconnection\n\n\n (d) Branding of operator services and directory assistance services. The refusal of a providing local exchange\n carrier (LEC) to comply with the reasonable request of a competing provider that the providing LEC\n rebrand its operator services and directory assistance, or remove its brand from such services, creates a\n presumption that the providing LEC is unlawfully restricting access to its operator services and directory\n assistance. The providing LEC can rebut this presumption by demonstrating that it lacks the capability to\n comply with the competing provider's request.\n\n (e) Disputes —\n\n (1) Disputes involving nondiscriminatory access. In disputes involving nondiscriminatory access to\n operator services, directory assistance services, or directory listings, a providing LEC shall bear the\n burden of demonstrating with specificity:\n\n (i) That it is permitting nondiscriminatory access, and\n\n (ii) That any disparity in access is not caused by factors within its control. “Factors within its\n control” include, but are not limited to, physical facilities, staffing, the ordering of supplies or\n equipment, and maintenance.\n\n (2) Disputes involving unreasonable dialing delay. In disputes between providing local exchange carriers\n (LECs) and competing providers involving unreasonable dialing delay in the provision of access to\n operator services and directory assistance, the burden of proof is on the providing LEC to\n demonstrate with specificity that it is processing the calls of the competing provider's customers on\n terms equal to that of similar calls from the providing LEC's own customers.\n\n[61 FR 47350, Sept. 6, 1996, as amended at 64 FR 51911, Sept. 27, 1999]\n\n\n§ 51.219 Access to rights of way.\nThe rules governing access to rights of way are set forth in part 1, subpart J of this chapter.\n\n§ 51.221 Reciprocal compensation.\nThe rules governing reciprocal compensation are set forth in subpart H of this part.\n\n§ 51.223 Application of additional requirements.\n (a) A state may not impose the obligations set forth in section 251(c) of the Act on a LEC that is not\n classified as an incumbent LEC as defined in section 251(h)(1) of the Act, unless the Commission issues\n an order declaring that such LECs or classes or categories of LECs should be treated as incumbent LECs.\n\n (b) A state commission, or any other interested party, may request that the Commission issue an order\n declaring that a particular LEC be treated as an incumbent LEC, or that a class or category of LECs be\n treated as incumbent LECs, pursuant to section 251(h)(2) of the Act.\n\n§ 51.230 Presumption of acceptability for deployment of an advanced services loop technology.\n (a) An advanced services loop technology is presumed acceptable for deployment under any one of the\n following circumstances, where the technology:\n\n (1) Complies with existing industry standards; or\n\n (2) Is approved by an industry standards body, the Commission, or any state commission; or\n\n47 CFR 51.230(a)(2) (enhanced display) page 13 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.230(a)(3)\nInterconnection\n\n\n (3) Has been successfully deployed by any carrier without significantly degrading the performance of\n other services.\n\n (b) An incumbent LEC may not deny a carrier's request to deploy a technology that is presumed acceptable\n for deployment unless the incumbent LEC demonstrates to the relevant state commission that\n deployment of the particular technology will significantly degrade the performance of other advanced\n services or traditional voiceband services.\n\n (c) Where a carrier seeks to establish that deployment of a technology falls within the presumption of\n acceptability under paragraph (a)(3) of this section, the burden is on the requesting carrier to demonstrate\n to the state commission that its proposed deployment meets the threshold for a presumption of\n acceptability and will not, in fact, significantly degrade the performance of other advanced services or\n traditional voice band services. Upon a successful demonstration by the requesting carrier before a\n particular state commission, the deployed technology shall be presumed acceptable for deployment in\n other areas.\n\n[65 FR 1345, Jan. 10, 2000]\n\n\n§ 51.231 Provision of information on advanced services deployment.\n (a) An incumbent LEC must provide to requesting carriers that seek access to a loop or high frequency\n portion of the loop to provide advanced services:\n\n (1) Uses in determining which services can be deployed; and information with respect to the spectrum\n management procedures and policies that the incumbent LEC.\n\n (2) Information with respect to the rejection of the requesting carrier's provision of advanced services,\n together with the specific reason for the rejection; and\n\n (3) Information with respect to the number of loops using advanced services technology within the\n binder and type of technology deployed on those loops.\n\n (b) A requesting carrier that seeks access to a loop or a high frequency portion of a loop to provide advanced\n services must provide to the incumbent LEC information on the type of technology that the requesting\n carrier seeks to deploy.\n\n (1) Where the requesting carrier asserts that the technology it seeks to deploy fits within a generic\n power spectral density (PSD) mask, it also must provide Spectrum Class information for the\n technology.\n\n (2) Where a requesting carrier relies on a calculation-based approach to support deployment of a\n particular technology, it must provide the incumbent LEC with information on the speed and power at\n which the signal will be transmitted.\n\n (c) The requesting carrier also must provide the information required under paragraph (b) of this section\n when notifying the incumbent LEC of any proposed change in advanced services technology that the\n carrier uses on the loop.\n\n[65 FR 1345, Jan. 10, 2000]\n\n\n\n\n47 CFR 51.231(c) (enhanced display) page 14 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.232\nInterconnection\n\n\n§ 51.232 Binder group management.\n (a) With the exception of loops on which a known disturber is deployed, the incumbent LEC shall be\n prohibited from designating, segregating or reserving particular loops or binder groups for use solely by\n any particular advanced services loop technology.\n\n (b) Any party seeking designation of a technology as a known disturber should file a petition for declaratory\n ruling with the Commission seeking such designation, pursuant to § 1.2 of this chapter.\n\n[65 FR 1346, Jan. 10, 2000]\n\n\n§ 51.233 Significant degradation of services caused by deployment of advanced services.\n (a) Where a carrier claims that a deployed advanced service is significantly degrading the performance of\n other advanced services or traditional voiceband services, that carrier must notify the deploying carrier\n and allow the deploying carrier a reasonable opportunity to correct the problem. Where the carrier whose\n services are being degraded does not know the precise cause of the degradation, it must notify each\n carrier that may have caused or contributed to the degradation.\n\n (b) Where the degradation asserted under paragraph (a) of this section remains unresolved by the deploying\n carrier(s) after a reasonable opportunity to correct the problem, the carrier whose services are being\n degraded must establish before the relevant state commission that a particular technology deployment is\n causing the significant degradation.\n\n (c) Any claims of network harm presented to the deploying carrier(s) or, if subsequently necessary, the\n relevant state commission, must be supported with specific and verifiable information.\n\n (d) Where a carrier demonstrates that a deployed technology is significantly degrading the performance of\n other advanced services or traditional voice band services, the carrier deploying the technology shall\n discontinue deployment of that technology and migrate its customers to technologies that will not\n significantly degrade the performance of other such services.\n\n (e) Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies\n at least one of the criteria for a presumption that it is acceptable for deployment under § 51.230, the\n degraded service shall not prevail against the newly-deployed technology.\n\n[65 FR 1346, Jan. 10, 2000]\n\n\nSubpart D—Additional Obligations of Incumbent Local Exchange Carriers\n§ 51.301 Duty to negotiate.\n (a) An incumbent LEC shall negotiate in good faith the terms and conditions of agreements to fulfill the duties\n established by sections 251 (b) and (c) of the Act.\n\n (b) A requesting telecommunications carrier shall negotiate in good faith the terms and conditions of\n agreements described in paragraph (a) of this section.\n\n (c) If proven to the Commission, an appropriate state commission, or a court of competent jurisdiction, the\n following actions or practices, among others, violate the duty to negotiate in good faith:\n\n\n\n\n47 CFR 51.301(c) (enhanced display) page 15 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.301(c)(1)\nInterconnection\n\n\n (1) Demanding that another party sign a nondisclosure agreement that precludes such party from\n providing information requested by the Commission, or a state commission, or in support of a\n request for arbitration under section 252(b)(2)(B) of the Act;\n\n (2) Demanding that a requesting telecommunications carrier attest that an agreement complies with all\n provisions of the Act, federal regulations, or state law;\n\n (3) Refusing to include in an arbitrated or negotiated agreement a provision that permits the agreement\n to be amended in the future to take into account changes in Commission or state rules;\n\n (4) Conditioning negotiation on a requesting telecommunications carrier first obtaining state\n certifications;\n\n (5) Intentionally misleading or coercing another party into reaching an agreement that it would not\n otherwise have made;\n\n (6) Intentionally obstructing or delaying negotiations or resolutions of disputes;\n\n (7) Refusing throughout the negotiation process to designate a representative with authority to make\n binding representations, if such refusal significantly delays resolution of issues; and\n\n (8) Refusing to provide information necessary to reach agreement. Such refusal includes, but is not\n limited to:\n\n (i) Refusal by an incumbent LEC to furnish information about its network that a requesting\n telecommunications carrier reasonably requires to identify the network elements that it needs\n in order to serve a particular customer; and\n\n (ii) Refusal by an incumbent LEC to furnish cost data that would be relevant to setting rates if the\n parties were in arbitration.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]\n\n\n§ 51.303 Preexisting agreements.\n (a) All interconnection agreements between an incumbent LEC and a telecommunications carrier, including\n those negotiated before February 8, 1996, shall be submitted by the parties to the appropriate state\n commission for approval pursuant to section 252(e) of the Act.\n\n (b) Interconnection agreements negotiated before February 8, 1996, between Class A carriers, as defined by §\n 32.11(a)(1) of this chapter, shall be filed by the parties with the appropriate state commission no later\n than June 30, 1997, or such earlier date as the state commission may require.\n\n (c) If a state commission approves a preexisting agreement, it shall be made available to other parties in\n accordance with section 252(i) of the Act and § 51.809 of this part. A state commission may reject a\n preexisting agreement on the grounds that it is inconsistent with the public interest, or for other reasons\n set forth in section 252(e)(2)(A) of the Act.\n\n§ 51.305 Interconnection.\n (a) An incumbent LEC shall provide, for the facilities and equipment of any requesting telecommunications\n carrier, interconnection with the incumbent LEC's network:\n\n (1) For the transmission and routing of telephone exchange traffic, exchange access traffic, or both;\n\n\n47 CFR 51.305(a)(1) (enhanced display) page 16 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.305(a)(2)\nInterconnection\n\n\n (2) At any technically feasible point within the incumbent LEC's network including, at a minimum:\n\n (i) The line-side of a local switch;\n\n (ii) The trunk-side of a local switch;\n\n (iii) The trunk interconnection points for a tandem switch;\n\n (iv) Central office cross-connect points;\n\n (v) Out-of-band signaling transfer points necessary to exchange traffic at these points and access\n call-related databases; and\n\n (vi) The points of access to unbundled network elements as described in § 51.319;\n\n (3) That is at a level of quality that is equal to that which the incumbent LEC provides itself, a subsidiary,\n an affiliate, or any other party. At a minimum, this requires an incumbent LEC to design\n interconnection facilities to meet the same technical criteria and service standards that are used\n within the incumbent LEC's network. This obligation is not limited to a consideration of service\n quality as perceived by end users, and includes, but is not limited to, service quality as perceived by\n the requesting telecommunications carrier; and\n\n (4) On terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the\n terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and\n the Commission's rules including, but not limited to, offering such terms and conditions equally to all\n requesting telecommunications carriers, and offering such terms and conditions that are no less\n favorable than the terms and conditions upon which the incumbent LEC provides such\n interconnection to itself. This includes, but is not limited to, the time within which the incumbent LEC\n provides such interconnection.\n\n (b) A carrier that requests interconnection solely for the purpose of originating or terminating its\n interexchange traffic on an incumbent LEC's network and not for the purpose of providing to others\n telephone exchange service, exchange access service, or both, is not entitled to receive interconnection\n pursuant to section 251(c)(2) of the Act.\n\n (c) Previous successful interconnection at a particular point in a network, using particular facilities,\n constitutes substantial evidence that interconnection is technically feasible at that point, or at\n substantially similar points, in networks employing substantially similar facilities. Adherence to the same\n interface or protocol standards shall constitute evidence of the substantial similarity of network facilities.\n\n (d) Previous successful interconnection at a particular point in a network at a particular level of quality\n constitutes substantial evidence that interconnection is technically feasible at that point, or at\n substantially similar points, at that level of quality.\n\n (e) An incumbent LEC that denies a request for interconnection at a particular point must prove to the state\n commission that interconnection at that point is not technically feasible.\n\n (f) If technically feasible, an incumbent LEC shall provide two-way trunking upon request.\n\n (g) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about\n the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve interconnection\n consistent with the requirements of this section.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996; 68 FR 52294, Sept. 2, 2003]\n\n\n47 CFR 51.305(g) (enhanced display) page 17 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.307\nInterconnection\n\n\n§ 51.307 Duty to provide access on an unbundled basis to network elements.\n (a) An incumbent LEC shall provide, to a requesting telecommunications carrier for the provision of a\n telecommunications service, nondiscriminatory access to network elements on an unbundled basis at\n any technically feasible point on terms and conditions that are just, reasonable, and nondiscriminatory in\n accordance with the terms and conditions of any agreement, the requirements of sections 251 and 252 of\n the Act, and the Commission's rules.\n\n (b) The duty to provide access to unbundled network elements pursuant to section 251(c)(3) of the Act\n includes a duty to provide a connection to an unbundled network element independent of any duty to\n provide interconnection pursuant to this part and section 251(c)(2) of the Act.\n\n (c) An incumbent LEC shall provide a requesting telecommunications carrier access to an unbundled network\n element, along with all of the unbundled network element's features, functions, and capabilities, in a\n manner that allows the requesting telecommunications carrier to provide any telecommunications service\n that can be offered by means of that network element.\n\n (d) An incumbent LEC shall provide a requesting telecommunications carrier access to the facility or\n functionality of a requested network element separate from access to the facility or functionality of other\n network elements, for a separate charge.\n\n (e) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about\n the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve access to\n unbundled network elements consistent with the requirements of this section.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]\n\n\n§ 51.309 Use of unbundled network elements.\n (a) Except as provided in § 51.318, an incumbent LEC shall not impose limitations, restrictions, or\n requirements on requests for, or the use of, unbundled network elements for the service a requesting\n telecommunications carrier seeks to offer.\n\n (b) A requesting telecommunications carrier may not access an unbundled network element for the exclusive\n provision of mobile wireless services or interexchange services.\n\n (c) A telecommunications carrier purchasing access to an unbundled network facility is entitled to exclusive\n use of that facility for a period of time, or when purchasing access to a feature, function, or capability of a\n facility, a telecommunications carrier is entitled to use of that feature, function, or capability for a period\n of time. A telecommunications carrier's purchase of access to an unbundled network element does not\n relieve the incumbent LEC of the duty to maintain, repair, or replace the unbundled network element.\n\n (d) A requesting telecommunications carrier that accesses and uses an unbundled network element\n consistent with paragraph (b) of this section may provide any telecommunications services over the same\n unbundled network element.\n\n (e) Except as provided in § 51.318, an incumbent LEC shall permit a requesting telecommunications carrier to\n commingle an unbundled network element or a combination of unbundled network elements with\n wholesale services obtained from an incumbent LEC.\n\n (f) Upon request, an incumbent LEC shall perform the functions necessary to commingle an unbundled\n network element or a combination of unbundled network elements with one or more facilities or services\n that a requesting telecommunications carrier has obtained at wholesale from an incumbent LEC.\n47 CFR 51.309(f) (enhanced display) page 18 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.309(g)\nInterconnection\n\n\n (g) An incumbent LEC shall not deny access to an unbundled network element or a combination of unbundled\n network elements on the grounds that one or more of the elements:\n\n (1) Is connected to, attached to, linked to, or combined with, a facility or service obtained from an\n incumbent LEC; or\n\n (2) Shares part of the incumbent LEC's network with access services or inputs for mobile wireless\n services and/or interexchange services.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003; 70 FR 8952, Feb. 24, 2005]\n\n\n§ 51.311 Nondiscriminatory access to unbundled network elements.\n (a) The quality of an unbundled network element, as well as the quality of the access to the unbundled\n network element, that an incumbent LEC provides to a requesting telecommunications carrier shall be the\n same for all telecommunications carriers requesting access to that network element.\n\n (b) To the extent technically feasible, the quality of an unbundled network element, as well as the quality of\n the access to such unbundled network element, that an incumbent LEC provides to a requesting\n telecommunications carrier shall be at least equal in quality to that which the incumbent LEC provides to\n itself. If an incumbent LEC fails to meet this requirement, the incumbent LEC must prove to the state\n commission that it is not technically feasible to provide the requested unbundled network element, or to\n provide access to the requested unbundled network element, at a level of quality that is equal to that\n which the incumbent LEC provides to itself.\n\n (c) Previous successful access to an unbundled element at a particular point in a network, using particular\n facilities, is substantial evidence that access is technically feasible at that point, or at substantially similar\n points, in networks employing substantially similar facilities. Adherence to the same interface or protocol\n standards shall constitute evidence of the substantial similarity of network facilities.\n\n (d) Previous successful provision of access to an unbundled element at a particular point in a network at a\n particular level of quality is substantial evidence that access is technically feasible at that point, or at\n substantially similar points, at that level of quality.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]\n\n\n§ 51.313 Just, reasonable and nondiscriminatory terms and conditions for the provision of\nunbundled network elements.\n (a) The terms and conditions pursuant to which an incumbent LEC provides access to unbundled network\n elements shall be offered equally to all requesting telecommunications carriers.\n\n (b) Where applicable, the terms and conditions pursuant to which an incumbent LEC offers to provide access\n to unbundled network elements, including but not limited to, the time within which the incumbent LEC\n provisions such access to unbundled network elements, shall, at a minimum, be no less favorable to the\n requesting carrier than the terms and conditions under which the incumbent LEC provides such elements\n to itself.\n\n (c) An incumbent LEC must provide a carrier purchasing access to unbundled network elements with the pre-\n ordering, ordering, provisioning, maintenance and repair, and billing functions of the incumbent LEC's\n operations support systems.\n\n\n47 CFR 51.313(c) (enhanced display) page 19 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.315\nInterconnection\n\n\n§ 51.315 Combination of unbundled network elements.\n (a) An incumbent LEC shall provide unbundled network elements in a manner that allows requesting\n telecommunications carriers to combine such network elements in order to provide a\n telecommunications service.\n\n (b) Except upon request, an incumbent LEC shall not separate requested network elements that the\n incumbent LEC currently combines.\n\n (c) Upon request, an incumbent LEC shall perform the functions necessary to combine unbundled network\n elements in any manner, even if those elements are not ordinarily combined in the incumbent LEC's\n network, provided that such combination:\n\n (1) Is technically feasible; and\n\n (2) Would not undermine the ability of other carriers to obtain access to unbundled network elements or\n to interconnect with the incumbent LEC's network.\n\n (d) Upon request, an incumbent LEC shall perform the functions necessary to combine unbundled network\n elements with elements possessed by the requesting telecommunications carrier in any technically\n feasible manner.\n\n (e) An incumbent LEC that denies a request to combine elements pursuant to paragraph (c)(1) or paragraph\n (d) of this section must prove to the state commission that the requested combination is not technically\n feasible.\n\n (f) An incumbent LEC that denies a request to combine unbundled network elements pursuant to paragraph\n (c)(2) of this section must demonstrate to the state commission that the requested combination would\n undermine the ability of other carriers to obtain access to unbundled network elements or to interconnect\n with the incumbent LEC's network.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]\n\n\n§ 51.316 Conversion of unbundled network elements and services.\n (a) Upon request, an incumbent LEC shall convert a wholesale service, or group of wholesale services, to the\n equivalent unbundled network element, or combination of unbundled network elements, that is available\n to the requesting telecommunications carrier under section 251(c)(3) of the Act and this part.\n\n (b) An incumbent LEC shall perform any conversion from a wholesale service or group of wholesale services\n to an unbundled network element or combination of unbundled network elements without adversely\n affecting the service quality perceived by the requesting telecommunications carrier's end-user customer.\n\n (c) Except as agreed to by the parties, an incumbent LEC shall not impose any untariffed termination charges,\n or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first\n time, in connection with any conversion between a wholesale service or group of wholesale services and\n an unbundled network element or combination of unbundled network elements.\n\n[68 FR 52294, Sept. 2, 2003]\n\n\n\n\n47 CFR 51.316(c) (enhanced display) page 20 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.317\nInterconnection\n\n\n§ 51.317 Standards for requiring the unbundling of network elements.\n (a) Proprietary network elements. A network element shall be considered to be proprietary if an incumbent\n LEC can demonstrate that it has invested resources to develop proprietary information or functionalities\n that are protected by patent, copyright or trade secret law. The Commission shall undertake the following\n analysis to determine whether a proprietary network element should be made available for purposes of\n section 251(c)(3) of the Act:\n\n (1) Determine whether access to the proprietary network element is “necessary.” A network element is\n “necessary” if, taking into consideration the availability of alternative elements outside the\n incumbent LEC's network, including self-provisioning by a requesting telecommunications carrier or\n acquiring an alternative from a third-party supplier, lack of access to the network element precludes\n a requesting telecommunications carrier from providing the services that it seeks to offer. If access\n is “necessary,” the Commission may require the unbundling of such proprietary network element.\n\n (2) In the event that such access is not “necessary,” the Commission may require unbundling if it is\n determined that:\n\n (i) The incumbent LEC has implemented only a minor modification to the network element in order\n to qualify for proprietary treatment;\n\n (ii) The information or functionality that is proprietary in nature does not differentiate the\n incumbent LEC's services from the requesting telecommunications carrier's services; or\n\n (iii) Lack of access to such element would jeopardize the goals of the Act.\n\n (b) Non-proprietary network elements. The Commission shall determine whether a non-proprietary network\n element should be made available for purposes of section 251(c)(3) of the Act by analyzing, at a\n minimum, whether lack of access to a non-proprietary network element “impairs” a requesting carrier's\n ability to provide the service it seeks to offer. A requesting carrier's ability to provide service is “impaired”\n if, taking into consideration the availability of alternative elements outside the incumbent LEC's network,\n including elements self-provisioned by the requesting carrier or acquired as an alternative from a third-\n party supplier, lack of access to that element poses a barrier or barriers to entry, including operational and\n economic barriers, that are likely to make entry into a market by a reasonably efficient competitor\n uneconomic.\n\n[70 FR 8952, Feb. 24, 2005]\n\n\n§ 51.318 Eligibility criteria for access to certain unbundled network elements.\n (a) Except as provided in paragraph (b) of this section, an incumbent LEC shall provide access to unbundled\n network elements and combinations of unbundled network elements without regard to whether the\n requesting telecommunications carrier seeks access to the elements to establish a new circuit or to\n convert an existing circuit from a service to unbundled network elements.\n\n (b) An incumbent LEC need not provide access to an unbundled DS1 loop in combination, or commingled,\n with a dedicated DS1 transport or dedicated DS3 transport facility or service, or to an unbundled DS3 loop\n in combination, or commingled, with a dedicated DS3 transport facility or service, or an unbundled\n dedicated DS1 transport facility in combination, or commingled, with an unbundled DS1 loop or a DS1\n channel termination service, or to an unbundled dedicated DS3 transport facility in combination, or\n\n\n\n47 CFR 51.318(b) (enhanced display) page 21 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.318(b)(1)\nInterconnection\n\n\n commingled, with an unbundled DS1 loop or a DS1 channel termination service, or to an unbundled DS3\n loop or a DS3 channel termination service, unless the requesting telecommunications carrier certifies that\n all of the following conditions are met:\n\n (1) The requesting telecommunications carrier has received state certification to provide local voice\n service in the area being served or, in the absence of a state certification requirement, has complied\n with registration, tariffing, filing fee, or other regulatory requirements applicable to the provision of\n local voice service in that area.\n\n (2) The following criteria are satisfied for each combined circuit, including each DS1 circuit, each DS1\n enhanced extended link, and each DS1-equivalent circuit on a DS3 enhanced extended link:\n\n (i) Each circuit to be provided to each customer will be assigned a local number prior to the\n provision of service over that circuit;\n\n (ii) Each DS1-equivalent circuit on a DS3 enhanced extended link must have its own local number\n assignment, so that each DS3 must have at least 28 local voice numbers assigned to it;\n\n (iii) Each circuit to be provided to each customer will have 911 or E911 capability prior to the\n provision of service over that circuit;\n\n (iv) Each circuit to be provided to each customer will terminate in a collocation arrangement that\n meets the requirements of paragraph (c) of this section;\n\n (v) Each circuit to be provided to each customer will be served by an interconnection trunk that\n meets the requirements of paragraph (d) of this section;\n\n (vi) For each 24 DS1 enhanced extended links or other facilities having equivalent capacity, the\n requesting telecommunications carrier will have at least one active DS1 local service\n interconnection trunk that meets the requirements of paragraph (d) of this section; and\n\n (vii) Each circuit to be provided to each customer will be served by a switch capable of switching\n local voice traffic.\n\n (c) A collocation arrangement meets the requirements of this paragraph if it is:\n\n (1) Established pursuant to section 251(c)(6) of the Act and located at an incumbent LEC premises\n within the same LATA as the customer's premises, when the incumbent LEC is not the collocator;\n and\n\n (2) Located at a third party's premises within the same LATA as the customer's premises, when the\n incumbent LEC is the collocator.\n\n (d) An interconnection trunk meets the requirements of this paragraph if the requesting telecommunications\n carrier will transmit the calling party's number in connection with calls exchanged over the trunk.\n\n[68 FR 52295, Sept. 2, 2003, as amended at 68 FR 64000, Nov. 12, 2003]\n\n\n§ 51.319 Specific unbundling requirements.\n (a) Local loops. An incumbent LEC shall provide a requesting telecommunications carrier with\n nondiscriminatory access to the local loop on an unbundled basis, in accordance with section 251(c)(3)\n of the Act and this part and as set forth in paragraphs (a)(1) through (8) of this section. The local loop\n network element is defined as a transmission facility between a distribution frame (or its equivalent) in an\n\n47 CFR 51.319(a) (enhanced display) page 22 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(1)\nInterconnection\n\n\n incumbent LEC central office and the loop demarcation point at an end-user customer premises. This\n element includes all features, functions, and capabilities of such transmission facility, including the\n network interface device. It also includes all electronics, optronics, and intermediate devices (including\n repeaters and load coils) used to establish the transmission path to the end-user customer premises as\n well as any inside wire owned or controlled by the incumbent LEC that is part of that transmission path.\n\n (1) Copper loops. An incumbent LEC shall provide a requesting telecommunications carrier with\n nondiscriminatory access to the copper on an unbundled basis in census blocks defined as rural or\n urban cluster by the Census Bureau. A copper loop is a stand-alone local loop comprised entirely of\n copper wire or cable. For purposes of this section, copper loops include only digital copper loops\n (e.g., DS0s and integrated services digital network lines) as well as two-wire and four-wire copper\n loops conditioned to transmit the digital signals needed to provide digital subscriber line services,\n regardless of whether the copper loops are in service or held as spares. The copper loop does not\n include packet switching capabilities as defined in paragraph (a)(2)(i) of this section. The availability\n of DS1 and DS3 copper loops is subject to the requirements of paragraphs (a)(4) and (5) of this\n section.\n\n (i) Line splitting. An incumbent LEC shall provide a requesting telecommunications carrier that\n obtains an unbundled copper loop from the incumbent LEC with the ability to engage in line\n splitting arrangements with another competitive LEC using a splitter collocated at the central\n office where the loop terminates into a distribution frame or its equivalent. Line splitting is the\n process in which one competitive LEC provides narrowband voice service over the low\n frequency portion of a copper loop and a second competitive LEC provides digital subscriber\n line service over the high frequency portion of that same loop. The high frequency portion of\n the loop consists of the frequency range on the copper loop above the range that carries analog\n circuit-switched voice transmissions. This portion of the loop includes the features, functions,\n and capabilities of the loop that are used to establish a complete transmission path on the high\n frequency range between the incumbent LEC's distribution frame (or its equivalent) in its central\n office and the demarcation point at the end-user customer premises, and includes the high\n frequency portion of any inside wire owned or controlled by the incumbent LEC.\n\n (A) An incumbent LEC's obligation, under paragraph (a)(1)(i) of this section, to provide a\n requesting telecommunications carrier with the ability to engage in line splitting applies\n regardless of whether the carrier providing voice service provides its own switching or\n obtains local circuit switching from the incumbent LEC.\n\n (B) An incumbent LEC must make all necessary network modifications, including providing\n nondiscriminatory access to operations support systems necessary for pre-ordering,\n ordering, provisioning, maintenance and repair, and billing for loops used in line splitting\n arrangements.\n\n (ii) Line conditioning. The incumbent LEC shall condition a copper loop at the request of the carrier\n seeking access to a copper loop under paragraph (a)(1) of this section or a copper subloop\n under paragraph (b) of this section to ensure that the copper loop or copper subloop is suitable\n for providing digital subscriber line services, whether or not the incumbent LEC offers advanced\n services to the end-user customer on that copper loop or copper subloop. If the incumbent LEC\n seeks compensation from the requesting telecommunications carrier for line conditioning, the\n requesting telecommunications carrier has the option of refusing, in whole or in part, to have\n\n\n\n\n47 CFR 51.319(a)(1)(ii) (enhanced display) page 23 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(1)(ii)(A)\nInterconnection\n\n\n the line conditioned; and a requesting telecommunications carrier's refusal of some or all\n aspects of line conditioning will not diminish any right it may have, under paragraphs (a) and (b)\n of this section, to access the copper loop or the copper subloop.\n\n (A) Line conditioning is defined as the removal from a copper loop or copper subloop of any\n device that could diminish the capability of the loop or subloop to deliver high-speed\n switched wireline telecommunications capability, including digital subscriber line service.\n Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and\n range extenders.\n\n (B) Incumbent LECs shall recover the costs of line conditioning from the requesting\n telecommunications carrier in accordance with the Commission's forward-looking pricing\n principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with\n rules governing nonrecurring costs in § 51.507(e).\n\n (C) Insofar as it is technically feasible, the incumbent LEC shall test and report troubles for all\n the features, functions, and capabilities of conditioned copper lines, and may not restrict\n its testing to voice transmission only.\n\n (iii) Maintenance, repair, and testing.\n\n (A) An incumbent LEC shall provide, on a nondiscriminatory basis, physical loop test access\n points to a requesting telecommunications carrier at the splitter, through a cross-\n connection to the requesting telecommunications carrier's collocation space, or through a\n standardized interface, such as an intermediate distribution frame or a test access server,\n for the purpose of testing, maintaining, and repairing copper loops and copper subloops.\n\n (B) An incumbent LEC seeking to utilize an alternative physical access methodology may\n request approval to do so from the state commission, but must show that the proposed\n alternative method is reasonable and nondiscriminatory, and will not disadvantage a\n requesting telecommunications carrier's ability to perform loop or service testing,\n maintenance, or repair.\n\n (iv) Control of the loop and splitter functionality. In situations where a requesting\n telecommunications carrier is obtaining access to the high frequency portion of a copper loop\n through a line splitting arrangement, the incumbent LEC may maintain control over the loop and\n splitter equipment and functions, and shall provide to the requesting telecommunications\n carrier loop and splitter functionality that is compatible with any transmission technology that\n the requesting telecommunications carrier seeks to deploy using the high frequency portion of\n the loop, as defined in paragraph (a)(1)(i) of this section, provided that such transmission\n technology is presumed to be deployable pursuant to § 51.230.\n\n (v) Transition period for narrowband loops. Notwithstanding any other provision of the\n Commission's rules in this part, an incumbent LEC shall continue to provide a requesting\n telecommunications carrier with nondiscriminatory access to two-wire and four-wire analog\n voice grade copper loops, the TDM-features, functions, and capabilities of hybrid loops, or to a\n 64 kilobits per second transmission path capable of voice grade service over the fiber-to-the-\n home loop or fiber-to-the-curb loop for 36 months until February 8, 2024, provided such loop\n was being provided before February 8, 2021.\n\n\n\n\n47 CFR 51.319(a)(1)(v) (enhanced display) page 24 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(1)(vi)\nInterconnection\n\n\n (vi) Transition period for digital copper loops and two-wire and four-wire copper loops conditioned to\n transmit digital signals. Notwithstanding the remainder of paragraph (a)(1) of this section, an\n incumbent LEC shall continue to provide a requesting telecommunications carrier with\n nondiscriminatory access to copper loops as defined in this section for 48 months until\n February 10, 2025, provided that the incumbent LEC began providing such loop no later than\n February 8, 2023. Incumbent LECs may raise the rates charged for such loops by no more than\n 25 percent during months 37 to 48 of this transition period and may charge market-based rates\n after month 48.\n\n (2) Hybrid loops. A hybrid loop is a local loop composed of both fiber optic cable, usually in the feeder\n plant, and copper wire or cable, usually in the distribution plant.\n\n (i) Packet switching facilities, features, functions, and capabilities. An incumbent LEC is not\n required to provide unbundled access to the packet switched features, functions and\n capabilities of its hybrid loops. Packet switching capability is the routing or forwarding of\n packets, frames, cells, or other data units based on address or other routing information\n contained in the packets, frames, cells or other data units, and the functions that are performed\n by the digital subscriber line access multiplexers, including but not limited to the ability to\n terminate an end-user customer's copper loop (which includes both a low-band voice channel\n and a high-band data channel, or solely a data channel); the ability to forward the voice\n channels, if present, to a circuit switch or multiple circuit switches; the ability to extract data\n units from the data channels on the loops; and the ability to combine data units from multiple\n loops onto one or more trunks connecting to a packet switch or packet switches.\n\n (ii) [Reserved]\n\n (3) Fiber loops —\n\n (i) Definitions —\n\n (A) Fiber-to-the-home loops. A fiber-to-the-home loop is a local loop consisting entirely of fiber\n optic cable, whether dark or lit, serving an end user's customer premises or, in the case of\n predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark\n or lit, that extends to the multiunit premises' minimum point of entry (MPOE).\n\n (B) Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local loop consisting of fiber optic\n cable connecting to a copper distribution plant that is not more than 500 feet from the\n customer's premises or, in the case of predominantly residential MDUs, not more than 500\n feet from the MDU's MPOE. The fiber optic cable in a fiber-to-the-curb loop must connect\n to a copper distribution plant at a serving area interface from which every other copper\n distribution subloop also is not more than 500 feet from the respective customer's\n premises.\n\n (ii) New builds. An incumbent LEC is not required to provide nondiscriminatory access to a fiber-to-\n the-home loop or a fiber-to-the-curb loop on an unbundled basis when the incumbent LEC\n deploys such a loop to an end user's customer premises that previously has not been served by\n any loop facility.\n\n (iii) Overbuilds. An incumbent LEC is not required to provide nondiscriminatory access to a fiber-to-\n the-home loop or a fiber-to-the-curb loop on an unbundled basis when the incumbent LEC has\n deployed such a loop parallel to, or in replacement of, an existing copper loop facility, except\n that:\n\n47 CFR 51.319(a)(3)(iii) (enhanced display) page 25 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(3)(iii)(A)\nInterconnection\n\n\n (A) The incumbent LEC must maintain the existing copper loop connected to the particular\n customer premises after deploying the fiber-to-the-home loop or the fiber-to-the-curb loop\n and provide nondiscriminatory access to that copper loop on an unbundled basis unless\n the incumbent LEC retires the copper loops pursuant to paragraph (a)(3)(iv) of this\n section.\n\n (B) An incumbent LEC that maintains the existing copper loops pursuant to paragraph\n (a)(3)(iii)(A) of this section need not incur any expenses to ensure that the existing copper\n loop remains capable of transmitting signals prior to receiving a request for access\n pursuant to that paragraph, in which case the incumbent LEC shall restore the copper loop\n to serviceable condition upon request.\n\n (iv) Retirement of copper loops or copper subloops. Prior to retiring any copper loop or copper\n subloop that has been replaced with a fiber-to-the-home loop or a fiber-to-the-curb loop, an\n incumbent LEC must comply with:\n\n (A) The network disclosure requirements set forth in section 251(c)(5) of the Act and in §\n 51.325 through § 51.335; and\n\n (B) Any applicable state requirements.\n\n (4) DS1 loops.\n\n (i) Availability of DS1 loops.\n\n (A) Subject to the cap described in paragraph (a)(4)(ii) of this section, an incumbent LEC shall\n provide a requesting telecommunications carrier with nondiscriminatory access to a DS1\n loop on an unbundled basis to any building not served by a wire center with at least 60,000\n business lines and at least four fiber-based collocators, but only if that building is located\n in:\n\n (1) Any county or portion of a county served by a price cap incumbent LEC that is not\n included on the list of counties that have been deemed competitive pursuant to the\n competitive market test established under § 69.803 of this chapter; or\n\n (2) Any study area served by a rate-of-return incumbent LEC provided that study area is\n not included on the list of competitive study areas pursuant to the competitive\n market test established under § 61.50 of this chapter.\n\n (B) Once a wire center exceeds both the business line and fiber-based collocator thresholds,\n no future DS1 loop unbundling will be required in that wire center. A DS1 loop is a digital\n local loop having a total digital signal speed of 1.544 megabytes per second. DS1 loops\n include, but are not limited to, two-wire and four-wire copper loops capable of providing\n high-bit rate digital subscriber line services, including T1 services.\n\n (ii) Cap on unbundled DS1 loop circuits. A requesting telecommunications carrier may obtain a\n maximum of ten unbundled DS1 loops to any single building in which DS1 loops are available\n as unbundled loops.\n\n (iii) Transition period. Notwithstanding paragraph (a)(4)(i) of this section, an incumbent LEC shall\n continue to provide a requesting telecommunications carrier with nondiscriminatory access to\n DS1 loops for 42 months until August 8, 2024, provided the incumbent LEC began providing\n such loop no later than February 8, 2023.\n\n47 CFR 51.319(a)(4)(iii) (enhanced display) page 26 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(5)\nInterconnection\n\n\n (5) DS3 loops.\n\n (i) Availability of DS3 loops.\n\n (A) Subject to the cap described in paragraph (a)(5)(ii) of this section, an incumbent LEC shall\n provide a requesting telecommunications carrier with nondiscriminatory access to a DS3\n loop on an unbundled basis to any building not served by a wire center with at least 38,000\n business lines and at least four fiber-based collocators, but only if that building is located\n in one of the following:\n\n (1) Any county or portion of a county served by a price cap incumbent LEC that is not\n included on the list of counties that have been deemed competitive pursuant to the\n competitive market test established under § 69.803 of this chapter; or\n\n (2) Any study area served by a rate-of-return incumbent LEC provided that study area is\n not included on the list of competitive study areas pursuant to the competitive\n market test established under § 61.50 of this chapter.\n\n (B) Once a wire center exceeds the business line and fiber-based collocator thresholds, no\n future DS3 loop unbundling will be required in that wire center. A DS3 loop is a digital local\n loop having a total digital signal speed of 44.736 megabytes per second.\n\n (ii) Cap on unbundled DS3 loop circuits. A requesting telecommunications carrier may obtain a\n maximum of a single unbundled DS3 loop to any single building in which DS3 loops are\n available as unbundled loops.\n\n (iii) Transition period. Notwithstanding paragraph (a)(5)(i) of this section, an incumbent LEC shall\n continue to provide a requesting telecommunications carrier with nondiscriminatory access to\n DS3 loops for 36 months after until February 8, 2024, provided such loop was being provided\n before February 8, 2021.\n\n (6) Dark fiber loops. An incumbent LEC is not required to provide requesting telecommunications\n carriers with access to a dark fiber loop on an unbundled basis. Dark fiber is fiber within an existing\n fiber optic cable that has not yet been activated through optronics to render it capable of carrying\n communications services.\n\n (7) Routine network modifications.\n\n (i) An incumbent LEC shall make all routine network modifications to unbundled loop facilities\n used by requesting telecommunications carriers where the requested loop facility has already\n been constructed. An incumbent LEC shall perform these routine network modifications to\n unbundled loop facilities in a nondiscriminatory fashion, without regard to whether the loop\n facility being accessed was constructed on behalf, or in accordance with the specifications, of\n any carrier.\n\n (ii) A routine network modification is an activity that the incumbent LEC regularly undertakes for its\n own customers. Routine network modifications include, but are not limited to, rearranging or\n splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack;\n installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an\n existing multiplexer; and attaching electronic and other equipment that the incumbent LEC\n ordinarily attaches to a DS1 loop to activate such loop for its own customer. Routine network\n modifications may entail activities such as accessing manholes, deploying bucket trucks to\n\n\n47 CFR 51.319(a)(7)(ii) (enhanced display) page 27 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(a)(8)\nInterconnection\n\n\n reach aerial cable, and installing equipment casings. Routine network modifications do not\n include the construction of a new loop, or the installation of new aerial or buried cable for a\n requesting telecommunications carrier.\n\n (8) Engineering policies, practices, and procedures. An incumbent LEC shall not engineer the\n transmission capabilities of its network in a manner, or engage in any policy, practice, or procedure,\n that disrupts or degrades access to a local loop or subloop, including the time division multiplexing-\n based features, functions, and capabilities of a hybrid loop, for which a requesting\n telecommunications carrier may obtain or has obtained access pursuant to paragraph (a) of this\n section.\n\n (b) Subloops and network interface devices. An incumbent LEC shall provide a requesting\n telecommunications carrier with nondiscriminatory access to subloops on an unbundled basis in\n accordance with section 251(c)(3) of the Act and this part and as set forth in this paragraph (b), provided\n that the underlying loop is available as set forth in paragraph (a) of this section. Notwithstanding any\n other provision of the Commission's rules in this part, an incumbent LEC shall continue to provide a\n requesting telecommunications carrier with nondiscriminatory access to the subloop for access to\n multiunit premises wiring and network interface devices on an unbundled basis for 36 months until\n February 8, 2024, provided such subloop or network interface device was being provided before February\n 8, 2021.\n\n (1) Copper subloops. An incumbent LEC shall provide a requesting telecommunications carrier with\n nondiscriminatory access to a copper subloop on an unbundled basis. A copper subloop is a portion\n of a copper loop, or hybrid loop, comprised entirely of copper wire or copper cable that acts as a\n transmission facility between any point of technically feasible access in an incumbent LEC's outside\n plant, including inside wire owned or controlled by the incumbent LEC, and the end-user customer\n premises. A copper subloop includes all intermediate devices (including repeaters and load coils)\n used to establish a transmission path between a point of technically feasible access and the\n demarcation point at the end-user customer premises, and includes the features, functions, and\n capabilities of the copper loop. Copper subloops include two-wire and four-wire analog voice-grade\n subloops as well as two-wire and four-wire subloops conditioned to transmit the digital signals\n needed to provide digital subscriber line services, regardless of whether the subloops are in service\n or held as spares.\n\n (i) Point of technically feasible access. A point of technically feasible access is any point in the\n incumbent LEC's outside plant where a technician can access the copper wire within a cable\n without removing a splice case. Such points include, but are not limited to, a pole or pedestal,\n the serving area interface, the network interface device, the minimum point of entry, any remote\n terminal, and the feeder/distribution interface. An incumbent LEC shall, upon a site-specific\n request, provide access to a copper subloop at a splice near a remote terminal. The incumbent\n LEC shall be compensated for providing this access in accordance with §§ 51.501 through\n 51.515.\n\n (ii) Rules for collocation. Access to the copper subloop is subject to the Commission's collocation\n rules at §§ 51.321 and 51.323.\n\n (2) [Reserved]\n\n (3) Other subloop provisions —\n\n\n\n\n47 CFR 51.319(b)(3) (enhanced display) page 28 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(b)(3)(i)\nInterconnection\n\n\n (i) Technical feasibility. If parties are unable to reach agreement through voluntary negotiations as\n to whether it is technically feasible, or whether sufficient space is available, to unbundle a\n copper subloop at the point where a telecommunications carrier requests, the incumbent LEC\n shall have the burden of demonstrating to the state commission, in state proceedings under\n section 252 of the Act, that there is not sufficient space available, or that it is not technically\n feasible to unbundle the subloop at the point requested.\n\n (ii) Best practices. Once one state commission has determined that it is technically feasible to\n unbundle subloops at a designated point, an incumbent LEC in any state shall have the burden\n of demonstrating to the state commission, in state proceedings under section 252 of the Act,\n that it is not technically feasible, or that sufficient space is not available, to unbundle its own\n loops at such a point.\n\n (c) Dedicated transport. An incumbent LEC shall provide a requesting telecommunications carrier with\n nondiscriminatory access to dedicated transport on an unbundled basis, in accordance with section\n 251(c)(3) of the Act and this part, as set forth in paragraphs (d) through (d)(4) of this section. A “route” is\n a transmission path between one of an incumbent LEC's wire centers or switches and another of the\n incumbent LEC's wire centers or switches. A route between two points (e.g., wire center or switch “A” and\n wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire\n center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and\n wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same\n intermediate wire centers or switches, if any.\n\n (1) Definition. For purposes of this section, dedicated transport includes incumbent LEC transmission\n facilities between wire centers or switches owned by incumbent LECs, or between wire centers or\n switches owned by incumbent LECs and switches owned by requesting telecommunications\n carriers, including, but not limited to, DS1-, DS3-, and OCn-capacity level services, as well as dark\n fiber, dedicated to a particular customer or carrier.\n\n (2) Availability.\n\n (i) Entrance facilities. An incumbent LEC is not obligated to provide a requesting carrier with\n unbundled access to dedicated transport that does not connect a pair of incumbent LEC wire\n centers.\n\n (ii) Dedicated DS1 transport. Dedicated DS1 transport shall be made available to requesting\n carriers on an unbundled basis as set forth in paragraphs (d)(2)(ii)(A) and (B) of this section.\n Dedicated DS1 transport consists of incumbent LEC interoffice transmission facilities that have\n a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular\n customer or carrier.\n\n (A) General availability of DS1 transport. Incumbent LECs shall unbundle DS1 transport\n between any pair of incumbent LEC wire centers except where, through application of tier\n classifications described in paragraph (d)(3) of this section, both wire centers defining the\n route are Tier 1 wire centers. As such, an incumbent LEC must unbundle DS1 transport if a\n wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a\n Tier 1 wire center.\n\n (B) Cap on unbundled DS1 transport circuits. A requesting telecommunications carrier may\n obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where\n DS1 dedicated transport is available on an unbundled basis.\n\n\n47 CFR 51.319(c)(2)(ii)(B) (enhanced display) page 29 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(c)(2)(iii)\nInterconnection\n\n\n (iii) Dedicated DS3 transport. Dedicated DS3 transport shall be made available to requesting\n carriers on an unbundled basis as set forth in paragraphs (d)(2)(iii)(A) and(B) of this section.\n Dedicated DS3 transport consists of incumbent LEC interoffice transmission facilities that have\n a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular\n customer or carrier.\n\n (A) General availability of DS3 transport. Incumbent LECs shall unbundle DS3 transport\n between any pair of incumbent LEC wire centers except where, through application of tier\n classifications described in paragraph (d)(3) of this section, both wire centers defining the\n route are either Tier 1 or Tier 2 wire centers. As such, an incumbent LEC must unbundle\n DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.\n\n (B) Cap on unbundled DS3 transport circuits. A requesting telecommunications carrier may\n obtain a maximum of 12 unbundled DS3 dedicated transport circuits on each route where\n DS3 dedicated transport is available on an unbundled basis.\n\n (iv) Dark fiber transport. Dark fiber transport consists of unactivated optical interoffice transmission\n facilities. Incumbent LECs shall unbundle dark fiber transport between any pair of incumbent\n LEC wire centers except where, through application of tier classifications described in\n paragraph (d)(3) of this section, both wire centers defining the route are either Tier 1, Tier 2, or a\n Tier 3 wire center identified on the list of wire centers that has been found to be within a half\n mile of alternative fiber pursuant to the Report and Order on Remand and Memorandum\n Opinion and Order in WC Docket No. 18–14, FCC 19–66 (released July 12, 2019). An incumbent\n LEC must unbundle dark fiber transport only if a wire center on either end of a requested route\n is a Tier 3 wire center that is not on the published list of wire centers. Notwithstanding any\n other provision of the Commission's rules in this part, an incumbent LEC shall continue to\n provide a requesting telecommunications carrier with nondiscriminatory access to dark fiber\n transport for eight years until February 8, 2029, provided such dark fiber transport was being\n provided before February 8, 2021.\n\n (3) Wire center tier structure. For purposes of this section, incumbent LEC wire centers shall be\n classified into three tiers, defined as follows:\n\n (i) Tier 1 wire centers are those incumbent LEC wire centers that contain at least four fiber-based\n collocators, at least 38,000 business lines, or both. Tier 1 wire centers also are those incumbent\n LEC tandem switching locations that have no line-side switching facilities, but nevertheless\n serve as a point of traffic aggregation accessible by competitive LECs. Once a wire center is\n determined to be a Tier 1 wire center, that wire center is not subject to later reclassification as a\n Tier 2 or Tier 3 wire center.\n\n (ii) Tier 2 wire centers are those incumbent LEC wire centers that are not Tier 1 wire centers, but\n contain at least 3 fiber-based collocators, at least 24,000 business lines, or both. Once a wire\n center is determined to be a Tier 2 wire center, that wire center is not subject to later\n reclassification as a Tier 3 wire center.\n\n (iii) Tier 3 wire centers are those incumbent LEC wire centers that do not meet the criteria for Tier 1\n or Tier 2 wire centers.\n\n (4) Routine network modifications.\n\n\n\n\n47 CFR 51.319(c)(4) (enhanced display) page 30 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.319(c)(4)(i)\nInterconnection\n\n\n (i) An incumbent LEC shall make all routine network modifications to unbundled dedicated\n transport facilities used by requesting telecommunications carriers where the requested\n dedicated transport facilities have already been constructed. An incumbent LEC shall perform\n all routine network modifications to unbundled dedicated transport facilities in a\n nondiscriminatory fashion, without regard to whether the facility being accessed was\n constructed on behalf, or in accordance with the specifications, of any carrier.\n\n (ii) A routine network modification is an activity that the incumbent LEC regularly undertakes for its\n own customers. Routine network modifications include, but are not limited to, rearranging or\n splicing of cable; adding an equipment case; adding a doubler or repeater; installing a repeater\n shelf; and deploying a new multiplexer or reconfiguring an existing multiplexer. They also\n include activities needed to enable a requesting telecommunications carrier to light a dark fiber\n transport facility. Routine network modifications may entail activities such as accessing\n manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings.\n Routine network modifications do not include the installation of new aerial or buried cable for a\n requesting telecommunications carrier.\n\n (d) 911 and E911 databases. An incumbent LEC shall provide a requesting telecommunications carrier with\n nondiscriminatory access to 911 and E911 databases on an unbundled basis, in accordance with section\n 251(c)(3) of the Act and this part.\n\n (e) Operations support systems. An incumbent LEC shall provide a requesting telecommunications carrier\n with nondiscriminatory access to operations support systems on an unbundled basis only when it is used\n to manage other unbundled network elements, local interconnection, or local number portability, in\n accordance with section 251(c)(3) of the Act and this part. Operations support system functions consist\n of pre-ordering, ordering, provisioning, maintenance and repair, and billing functions supported by an\n incumbent LEC's databases and information. An incumbent LEC, as part of its duty to provide access to\n the pre-ordering function, shall provide the requesting telecommunications carrier with nondiscriminatory\n access to the same detailed information about the loop that is available to the incumbent LEC.\n\n[68 FR 52295, Sept. 4, 2003, as amended at 68 FR 64000, Nov. 12, 2003; 69 FR 54591, Sept. 9, 2004; 69 FR 77953, Dec. 29, 2004;\n70 FR 8953, Feb. 24, 2005: 78 FR 5746, Jan. 28, 2013; 86 FR 1673, Jan. 8, 2021; 86 FR 8872, Feb. 10, 2021]\n\n\n§ 51.320 Assumption of responsibility by the Commission.\nIf a state commission fails to exercise its authority under § 51.319, any party seeking that the Commission step into\nthe role of the state commission shall file with the Commission and serve on the state commission a petition that\nexplains with specificity the bases for the petition and information that supports the claim that the state\ncommission has failed to act. Subsequent to the Commission's issuing a public notice and soliciting comments on\nthe petition from interested parties, the Commission will rule on the petition within 90 days of the date of the public\nnotice. If it agrees that the state commission has failed to act, the Commission will assume responsibility for the\nproceeding, and within nine months from the date it assumed responsibility for the proceeding, make any findings in\naccordance with the Commission's rules.\n\n[68 FR 52305, Sept. 2, 2003]\n\n\n\n\n47 CFR 51.320 (enhanced display) page 31 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.321\nInterconnection\n\n\n§ 51.321 Methods of obtaining interconnection and access to unbundled elements under section\n251 of the Act.\n (a) Except as provided in paragraph (e) of this section, an incumbent LEC shall provide, on terms and\n conditions that are just, reasonable, and nondiscriminatory in accordance with the requirements of this\n part, any technically feasible method of obtaining interconnection or access to unbundled network\n elements at a particular point upon a request by a telecommunications carrier.\n\n (b) Technically feasible methods of obtaining interconnection or access to unbundled network elements\n include, but are not limited to:\n\n (1) Physical collocation and virtual collocation at the premises of an incumbent LEC; and\n\n (2) Meet point interconnection arrangements.\n\n (c) A previously successful method of obtaining interconnection or access to unbundled network elements at\n a particular premises or point on any incumbent LEC's network is substantial evidence that such method\n is technically feasible in the case of substantially similar network premises or points. A requesting\n telecommunications carrier seeking a particular collocation arrangement, either physical or virtual, is\n entitled to a presumption that such arrangement is technically feasible if any LEC has deployed such\n collocation arrangement in any incumbent LEC premises.\n\n (d) An incumbent LEC that denies a request for a particular method of obtaining interconnection or access to\n unbundled network elements on the incumbent LEC's network must prove to the state commission that\n the requested method of obtaining interconnection or access to unbundled network elements at that\n point is not technically feasible.\n\n (e) An incumbent LEC shall not be required to provide for physical collocation of equipment necessary for\n interconnection or access to unbundled network elements at the incumbent LEC's premises if it\n demonstrates to the state commission that physical collocation is not practical for technical reasons or\n because of space limitations. In such cases, the incumbent LEC shall be required to provide virtual\n collocation, except at points where the incumbent LEC proves to the state commission that virtual\n collocation is not technically feasible. If virtual collocation is not technically feasible, the incumbent LEC\n shall provide other methods of interconnection and access to unbundled network elements to the extent\n technically feasible.\n\n (f) An incumbent LEC shall submit to the state commission, subject to any protective order as the state\n commission may deem necessary, detailed floor plans or diagrams of any premises where the incumbent\n LEC claims that physical collocation is not practical because of space limitations. These floor plans or\n diagrams must show what space, if any, the incumbent LEC or any of its affiliates has reserved for future\n use, and must describe in detail the specific future uses for which the space has been reserved and the\n length of time for each reservation. An incumbent LEC that contends space for physical collocation is not\n available in an incumbent LEC premises must also allow the requesting carrier to tour the entire premises\n in question, not only the area in which space was denied, without charge, within ten days of the receipt of\n the incumbent's denial of space. An incumbent LEC must allow a requesting telecommunications carrier\n reasonable access to its selected collocation space during construction.\n\n (g) An incumbent LEC that is classified as a Class A company under § 32.11 of this chapter and that is not a\n National Exchange Carrier Association interstate tariff participant as provided in part 69, subpart G, shall\n continue to provide expanded interconnection service pursuant to interstate tariff in accordance with §§\n 64.1401, 64.1402, 69.121 of this chapter, and the Commission's other requirements.\n\n\n47 CFR 51.321(g) (enhanced display) page 32 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.321(h)\nInterconnection\n\n\n (h) Upon request, an incumbent LEC must submit to the requesting carrier within ten days of the submission\n of the request a report describing in detail the space that is available for collocation in a particular\n incumbent LEC premises. This report must specify the amount of collocation space available at each\n requested premises, the number of collocators, and any modifications in the use of the space since the\n last report. This report must also include measures that the incumbent LEC is taking to make additional\n space available for collocation. The incumbent LEC must maintain a publicly available document, posted\n for viewing on the incumbent LEC's publicly available Internet site, indicating all premises that are full, and\n must update such a document within ten days of the date at which a premises runs out of physical\n collocation space.\n\n (i) An incumbent LEC must, upon request, remove obsolete unused equipment from their premises to\n increase the amount of space available for collocation.\n\n[61 FR 45619, Aug. 28, 1996, as amended at 64 FR 23241, Apr. 30, 1999; 65 FR 54438, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001]\n\n\n§ 51.323 Standards for physical collocation and virtual collocation.\n (a) An incumbent LEC shall provide physical collocation and virtual collocation to requesting\n telecommunications carriers.\n\n (b) An incumbent LEC shall permit the collocation and use of any equipment necessary for interconnection or\n access to unbundled network elements.\n\n (1) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a\n practical, economic, or operational matter, preclude the requesting carrier from obtaining\n interconnection with the incumbent LEC at a level equal in quality to that which the incumbent\n obtains within its own network or the incumbent provides to any affiliate, subsidiary, or other party.\n\n (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that\n equipment would, as a practical, economic, or operational matter, preclude the requesting carrier\n from obtaining nondiscriminatory access to that unbundled network element, including any of its\n features, functions, or capabilities.\n\n (3) Multi-functional equipment shall be deemed necessary for interconnection or access to an\n unbundled network element if and only if the primary purpose and function of the equipment, as the\n requesting carrier seeks to deploy it, meets either or both of the standards set forth in paragraphs\n (b)(1) and (b)(2) of this section. For a piece of equipment to be utilized primarily to obtain equal in\n quality interconnection or nondiscriminatory access to one or more unbundled network elements,\n there also must be a logical nexus between the additional functions the equipment would perform\n and the telecommunication services the requesting carrier seeks to provide to its customers by\n means of the interconnection or unbundled network element. The collocation of those functions of\n the equipment that, as stand-alone functions, do not meet either of the standards set forth in\n paragraphs (b)(1) and (b)(2) of this section must not cause the equipment to significantly increase\n the burden on the incumbent's property.\n\n (c) Whenever an incumbent LEC objects to collocation of equipment by a requesting telecommunications\n carrier for purposes within the scope of section 251(c)(6) of the Act, the incumbent LEC shall prove to the\n state commission that the equipment is not necessary for interconnection or access to unbundled\n network elements under the standards set forth in paragraph (b) of this section. An incumbent LEC may\n not object to the collocation of equipment on the grounds that the equipment does not comply with safety\n or engineering standards that are more stringent than the safety or engineering standards that the\n\n47 CFR 51.323(c) (enhanced display) page 33 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.323(d)\nInterconnection\n\n\n incumbent LEC applies to its own equipment. An incumbent LEC may not object to the collocation of\n equipment on the ground that the equipment fails to comply with Network Equipment and Building\n Specifications performance standards or any other performance standards. An incumbent LEC that\n denies collocation of a competitor's equipment, citing safety standards, must provide to the competitive\n LEC within five business days of the denial a list of all equipment that the incumbent LEC locates at the\n premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the\n safety standard that the incumbent LEC contends the competitor's equipment fails to meet. This affidavit\n must set forth in detail: the exact safety requirement that the requesting carrier's equipment does not\n satisfy; the incumbent LEC's basis for concluding that the requesting carrier's equipment does not meet\n this safety requirement; and the incumbent LEC's basis for concluding why collocation of equipment not\n meeting this safety requirement would compromise network safety.\n\n (d) When an incumbent LEC provides physical collocation, virtual collocation, or both, the incumbent LEC\n shall:\n\n (1) Provide an interconnection point or points, physically accessible by both the incumbent LEC and the\n collocating telecommunications carrier, at which the fiber optic cable carrying an interconnector's\n circuits can enter the incumbent LEC's premises, provided that the incumbent LEC shall designate\n interconnection points as close as reasonably possible to its premises;\n\n (2) Provide at least two such interconnection points at each incumbent LEC premises at which there are\n at least two entry points for the incumbent LEC's cable facilities, and at which space is available for\n new facilities in at least two of those entry points;\n\n (3) Permit interconnection of copper or coaxial cable if such interconnection is first approved by the\n state commission; and\n\n (4) Permit physical collocation of microwave transmission facilities except where such collocation is not\n practical for technical reasons or because of space limitations, in which case virtual collocation of\n such facilities is required where technically feasible.\n\n (e) When providing virtual collocation, an incumbent LEC shall, at a minimum, install, maintain, and repair\n collocated equipment meeting the standards set forth in paragraph (b) of this section within the same\n time periods and with failure rates that are no greater than those that apply to the performance of similar\n functions for comparable equipment of the incumbent LEC itself.\n\n (f) An incumbent LEC shall provide space for the collocation of equipment meeting the standards set forth in\n paragraph (b) of this section in accordance with the following requirements:\n\n (1) An incumbent LEC shall make space available within or on its premises to requesting\n telecommunications carriers on a first-come, first-served basis, provided, however, that the\n incumbent LEC shall not be required to lease or construct additional space to provide for physical\n collocation when existing space has been exhausted;\n\n (2) To the extent possible, an incumbent LEC shall make contiguous space available to requesting\n telecommunications carriers that seek to expand their existing collocation space;\n\n (3) When planning renovations of existing facilities or constructing or leasing new facilities, an\n incumbent LEC shall take into account projected demand for collocation of equipment;\n\n\n\n\n47 CFR 51.323(f)(3) (enhanced display) page 34 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.323(f)(4)\nInterconnection\n\n\n (4) An incumbent LEC may retain a limited amount of floor space for its own specific future uses,\n provided, however, that neither the incumbent LEC nor any of its affiliates may reserve space for\n future use on terms more favorable than those that apply to other telecommunications carriers\n seeking to reserve collocation space for their own future use;\n\n (5) An incumbent LEC shall relinquish any space held for future use before denying a request for virtual\n collocation on the grounds of space limitations, unless the incumbent LEC proves to the state\n commission that virtual collocation at that point is not technically feasible; and\n\n (6) An incumbent LEC may impose reasonable restrictions on the warehousing of unused space by\n collocating telecommunications carriers, provided, however, that the incumbent LEC shall not set\n maximum space limitations applicable to such carriers unless the incumbent LEC proves to the state\n commission that space constraints make such restrictions necessary.\n\n (7) An incumbent LEC must assign collocation space to requesting carriers in a just, reasonable, and\n nondiscriminatory manner. An incumbent LEC must allow each carrier requesting physical\n collocation to submit space preferences prior to assigning physical collocation space to that carrier.\n At a minimum, an incumbent LEC's space assignment policies and practices must meet the\n following principles:\n\n (A) An incumbent LEC's space assignment policies and practices must not materially increase a\n requesting carrier's collocation costs.\n\n (B) An incumbent LEC's space assignment policies and practices must not materially delay a\n requesting carrier occupation and use of the incumbent LEC's premises.\n\n (C) An incumbent LEC must not assign physical collocation space that will impair the quality of\n service or impose other limitations on the service a requesting carrier wishes to offer.\n\n (D) An incumbent LEC's space assignment policies and practices must not reduce unreasonably the\n total space available for physical collocation or preclude unreasonably physical collocation within\n the incumbent's premises.\n\n (g) An incumbent LEC shall permit collocating telecommunications carriers to collocate equipment and\n connect such equipment to unbundled network transmission elements obtained from the incumbent LEC,\n and shall not require such telecommunications carriers to bring their own transmission facilities to the\n incumbent LEC's premises in which they seek to collocate equipment.\n\n (h) As described in paragraphs (1) and (2) of this section, an incumbent LEC shall permit a collocating\n telecommunications carrier to interconnect its network with that of another collocating\n telecommunications carrier at the incumbent LEC's premises and to connect its collocated equipment to\n the collocated equipment of another telecommunications carrier within the same premises, provided that\n the collocated equipment is also used for interconnection with the incumbent LEC or for access to the\n incumbent LEC's unbundled network elements.\n\n (1) An incumbent LEC shall provide, at the request of a collocating telecommunications carrier, a\n connection between the equipment in the collocated spaces of two or more telecommunications\n carriers, except to the extent the incumbent LEC permits the collocating parties to provide the\n requested connection for themselves or a connection is not required under paragraph (h)(2) of this\n section. Where technically feasible, the incumbent LEC shall provide the connection using copper,\n dark fiber, lit fiber, or other transmission medium, as requested by the collocating\n telecommunications carrier.\n\n47 CFR 51.323(h)(1) (enhanced display) page 35 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.323(h)(2)\nInterconnection\n\n\n (2) An incumbent LEC is not required to provide a connection between the equipment in the collocated\n spaces of two or more telecommunications carriers if the connection is requested pursuant to\n section 201 of the Act, unless the requesting carrier submits to the incumbent LEC a certification\n that more than 10 percent of the amount of traffic to be transmitted through the connection will be\n interstate. The incumbent LEC cannot refuse to accept the certification, but instead must provision\n the service promptly. Any incumbent LEC may file a section 208 complaint with the Commission\n challenging the certification if it believes that the certification is deficient. No such certification is\n required for a request for such connection under section 251 of the Act.\n\n (i) As provided herein, an incumbent LEC may require reasonable security arrangements to protect its\n equipment and ensure network reliability. An incumbent LEC may only impose security arrangements that\n are as stringent as the security arrangements that the incumbent LEC maintains at its own premises for\n its own employees or authorized contractors. An incumbent LEC must allow collocating parties to access\n their collocated equipment 24 hours a day, seven days a week, without requiring either a security escort of\n any kind or delaying a competitor's employees' entry into the incumbent LEC's premises. An incumbent\n LEC may require a collocating carrier to pay only for the least expensive, effective security option that is\n viable for the physical collocation space assigned. Reasonable security measures that the incumbent LEC\n may adopt include:\n\n (1) Installing security cameras or other monitoring systems; or\n\n (2) Requiring competitive LEC personnel to use badges with computerized tracking systems; or\n\n (3) Requiring competitive LEC employees to undergo the same level of security training, or its equivalent,\n that the incumbent's own employees, or third party contractors providing similar functions, must\n undergo; provided, however, that the incumbent LEC may not require competitive LEC employees to\n receive such training from the incumbent LEC itself, but must provide information to the competitive\n LEC on the specific type of training required so the competitive LEC's employees can conduct their\n own training.\n\n (4) Restricting physical collocation to space separated from space housing the incumbent LEC's\n equipment, provided that each of the following conditions is met:\n\n (i) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or\n any of its affiliates' or subsidiaries competitive concerns, warrant such separation;\n\n (ii) Any physical collocation space assigned to an affiliate or subsidiary of the incumbent LEC is\n separated from space housing the incumbent LEC's equipment;\n\n (iii) The separated space will be available in the same time frame as, or a shorter time frame than,\n non-separated space;\n\n (iv) The cost of the separated space to the requesting carrier will not be materially higher than the\n cost of non-separated space; and\n\n (v) The separated space is comparable, from a technical and engineering standpoint, to non-\n separated space.\n\n (5) Requiring the employees and contractors of collocating carriers to use a central or separate entrance\n to the incumbent's building, provided, however, that where an incumbent LEC requires that the\n employees or contractors of collocating carriers access collocated equipment only through a\n separate entrance, employees and contractors of the incumbent LEC's affiliates and subsidiaries\n must be subject to the same restriction.\n\n47 CFR 51.323(i)(5) (enhanced display) page 36 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.323(i)(6)\nInterconnection\n\n\n (6) Constructing or requiring the construction of a separate entrance to access physical collocation\n space, provided that each of the following conditions is met:\n\n (i) Construction of a separate entrance is technically feasible;\n\n (ii) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or\n any of its affiliates' or subsidiaries competitive concerns, warrant such separation;\n\n (iii) Construction of a separate entrance will not artificially delay collocation provisioning; and\n\n (iv) Construction of a separate entrance will not materially increase the requesting carrier's costs.\n\n (j) An incumbent LEC shall permit a collocating telecommunications carrier to subcontract the construction\n of physical collocation arrangements with contractors approved by the incumbent LEC, provided, however,\n that the incumbent LEC shall not unreasonably withhold approval of contractors. Approval by an\n incumbent LEC shall be based on the same criteria it uses in approving contractors for its own purposes.\n\n (k) An incumbent LEC's physical collocation offering must include the following:\n\n (1) Shared collocation cages. A shared collocation cage is a caged collocation space shared by two or\n more competitive LECs pursuant to terms and conditions agreed to by the competitive LECs. In\n making shared cage arrangements available, an incumbent LEC may not increase the cost of site\n preparation or nonrecurring charges above the cost for provisioning such a cage of similar\n dimensions and material to a single collocating party. In addition, the incumbent must prorate the\n charge for site conditioning and preparation undertaken by the incumbent to construct the shared\n collocation cage or condition the space for collocation use, regardless of how many carriers actually\n collocate in that cage, by determining the total charge for site preparation and allocating that charge\n to a collocating carrier based on the percentage of the total space utilized by that carrier. An\n incumbent LEC must make shared collocation space available in single-bay increments or their\n equivalent, i.e., a competing carrier can purchase space in increments small enough to collocate a\n single rack, or bay, of equipment.\n\n (2) Cageless collocation. Incumbent LECs must allow competitors to collocate without requiring the\n construction of a cage or similar structure. Incumbent LECs must permit collocating carriers to have\n direct access to their equipment. An incumbent LEC may not require competitors to use an\n intermediate interconnection arrangement in lieu of direct connection to the incumbent's network if\n technically feasible. An incumbent LEC must make cageless collocation space available in single-\n bay increments, meaning that a competing carrier can purchase space in increments small enough\n to collocate a single rack, or bay, of equipment.\n\n (3) Adjacent space collocation. An incumbent LEC must make available, where physical collocation\n space is legitimately exhausted in a particular incumbent LEC structure, collocation in adjacent\n controlled environmental vaults, controlled environmental huts, or similar structures located at the\n incumbent LEC premises to the extent technically feasible. The incumbent LEC must permit a\n requesting telecommunications carrier to construct or otherwise procure such an adjacent structure,\n subject only to reasonable safety and maintenance requirements. The incumbent must provide\n power and physical collocation services and facilities, subject to the same nondiscrimination\n requirements as applicable to any other physical collocation arrangement. The incumbent LEC must\n permit the requesting carrier to place its own equipment, including, but not limited to, copper cables,\n coaxial cables, fiber cables, and telecommunications equipment, in adjacent facilities constructed by\n the incumbent LEC, the requesting carrier, or a third-party. If physical collocation space becomes\n available in a previously exhausted incumbent LEC structure, the incumbent LEC must not require a\n\n47 CFR 51.323(k)(3) (enhanced display) page 37 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.323(l)\nInterconnection\n\n\n carrier to move, or prohibit a competitive LEC from moving, a collocation arrangement into that\n structure. Instead, the incumbent LEC must continue to allow the carrier to collocate in any adjacent\n controlled environmental vault, controlled environmental vault, or similar structure that the carrier\n has constructed or otherwise procured.\n\n (l) An incumbent LEC must offer to provide and provide all forms of physical collocation (i.e., caged,\n cageless, shared, and adjacent) within the following deadlines, except to the extent a state sets its own\n deadlines or the incumbent LEC has demonstrated to the state commission that physical collocation is\n not practical for technical reasons or because of space limitations.\n\n (1) Within ten days after receiving an application for physical collocation, an incumbent LEC must inform\n the requesting carrier whether the application meets each of the incumbent LEC's established\n collocation standards. A requesting carrier that resubmits a revised application curing any\n deficiencies in an application for physical collocation within ten days after being informed of them\n retains its position within any collocation queue that the incumbent LEC maintains pursuant to\n paragraph (f)(1) of this section.\n\n (2) Except as stated in paragraphs (l)(3) and (l)(4) of this section, an incumbent LEC must complete\n provisioning of a requested physical collocation arrangement within 90 days after receiving an\n application that meets the incumbent LEC's established collocation application standards.\n\n (3) An incumbent LEC need not meet the deadline set forth in paragraph (l)(2) of this section if, after\n receipt of any price quotation provided by the incumbent LEC, the telecommunications carrier\n requesting collocation does not notify the incumbent LEC that physical collocation should proceed.\n\n (4) If, within seven days of the requesting carrier's receipt of any price quotation provided by the\n incumbent LEC, the telecommunications carrier requesting collocation does not notify the\n incumbent LEC that physical collocation should proceed, then the incumbent LEC need not complete\n provisioning of a requested physical collocation arrangement until 90 days after receiving such\n notification from the requesting telecommunications carrier.\n\n[61 FR 45619, Aug. 28, 1996, as amended at 64 FR 23242, Apr. 30, 1999; 65 FR 54439, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001]\n\n\n§ 51.325 Notice of network changes: Public notice requirement.\n (a) An incumbent local exchange carrier (“LEC”) must provide public notice regarding any network change\n that:\n\n (1) Will affect a competing service provider's performance or ability to provide service;\n\n (2) Will affect the incumbent LEC's interoperability with other service providers; or\n\n (3) Will result in a copper retirement, which is defined for purposes of this subpart as:\n\n (i) The removal or disabling of copper loops, subloops, or the feeder portion of such loops or\n subloops; or\n\n (ii) The replacement of such loops with fiber-to-the-home loops or fiber-to-the-curb loops, as those\n terms are defined in § 51.319(a)(3).\n\n (b) For purposes of this section, interoperability means the ability of two or more facilities, or networks, to be\n connected, to exchange information, and to use the information that has been exchanged.\n\n\n\n47 CFR 51.325(b) (enhanced display) page 38 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.325(c)\nInterconnection\n\n\n (c) For the purposes of §§ 51.325 through 51.335, the term services means telecommunications services or\n information services.\n\n[61 FR 47351, Sept. 6, 1996, as amended at 64 FR 14148, Mar. 24, 1999; 68 FR 52305, Sept. 2, 2003; 69 FR 77954, Dec. 29, 2004;\n80 FR 63371, Oct. 19, 2015; 82 FR 61477, Dec. 28, 2017; 83 FR 31675, July 9, 2018]\n\n\n§ 51.327 Notice of network changes: Content of notice.\n (a) Public notice of planned network changes must, at a minimum, include:\n\n (1) The carrier's name and address;\n\n (2) The name and telephone number of a contact person who can supply additional information\n regarding the planned changes;\n\n (3) The implementation date of the planned changes;\n\n (4) The location(s) at which the changes will occur;\n\n (5) A description of the type of changes planned (Information provided to satisfy this requirement must\n include, as applicable, but is not limited to, references to technical specifications, protocols, and\n standards regarding transmission, signaling, routing, and facility assignment as well as references to\n technical standards that would be applicable to any new technologies or equipment, or that may\n otherwise affect interconnection); and\n\n (6) A description of the reasonably foreseeable impact of the planned changes.\n\n (b) The incumbent LEC also shall follow, as necessary, procedures relating to confidential or proprietary\n information contained in § 51.335.\n\n[61 FR 47351, Sept. 6, 1996]\n\n\n§ 51.329 Notice of network changes: Methods for providing notice.\n (a) In providing the required notice to the public of network changes, an incumbent LEC may use one of the\n following methods:\n\n (1) Filing a public notice with the Commission; or\n\n (2) Providing public notice through industry fora, industry publications, or the carrier's publicly\n accessible Internet site. If an incumbent LEC uses any of the methods specified in paragraph (a)(2)\n of this section, it also must file a certification with the Commission that includes:\n\n (i) A statement that identifies the proposed changes;\n\n (ii) A statement that public notice has been given in compliance with §§ 51.325 through 51.335;\n and\n\n (iii) A statement identifying the location of the change information and describing how this\n information can be obtained.\n\n (b) Until the planned change is implemented, an incumbent LEC must keep the notice available for public\n inspection, and amend the notice to keep the information complete, accurate and up-to-date.\n\n (c) Specific filing requirements. Commission filings under this section must be made as follows:\n\n47 CFR 51.329(c) (enhanced display) page 39 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.329(c)(1)\nInterconnection\n\n\n (1) The public notice or certification must be labeled with one of the following titles, as appropriate:\n “Public Notice of Network Change Under Rule 51.329(a),” “Certification of Public Notice of Network\n Change Under Rule 51.329(a),” “Short Term Public Notice Under Rule 51.333(a),” “Certification of\n Short Term Public Notice Under Rule 51.333(a),” “Public Notice of Copper Retirement Under Rule\n 51.333,” or “Certification of Public Notice of Copper Retirement Under Rule 51.333.”\n\n (2) The incumbent LEC's public notice and any associated certifications shall be filed through the\n Commission's Electronic Comment Filing System (ECFS), using the “Submit a Non-Docketed Filing”\n module. All subsequent filings responsive to a notice may be filed using the Commission's ECFS\n under the docket number set forth in the Commission's public notice for the proceeding. If\n necessary, subsequent filings responsive to a notice also may be filed by sending one paper copy of\n the filing to “Secretary, Federal Communications Commission, Washington, DC 20554” and one\n paper copy of the filing to “Federal Communications Commission, Wireline Competition Bureau,\n Competition Policy Division, Washington, DC 20554.” For notices filed using the Commission's ECFS,\n the date on which the filing is received by that system will be considered the official filing date. For\n notices filed via paper copy, the date on which the filing is received by the Secretary or the FCC\n Mailroom is considered the official filing date. All subsequent filings responsive to a notice shall refer\n to the ECFS docket number assigned to the notice.\n\n[61 FR 47351, Sept. 6, 1996, as amended at 67 FR 13225, Mar. 21, 2002; 71 FR 65750, Nov. 9, 2006; 80 FR 1588, Jan. 13, 2015; 81\nFR 62655, Sept. 12, 2016; 82 FR 61477, Dec. 28, 2017; 83 FR 2557, Jan. 18, 2018]\n\n\n§ 51.331 Notice of network changes: Timing of notice.\n (a) An incumbent LEC shall give public notice of planned changes at the make/buy point, as defined in\n paragraph (b) of this section, but at least 12 months before implementation, except as provided below:\n\n (1) If the changes can be implemented within twelve months of the make/buy point, public notice must\n be given at the make/buy point, but at least six months before implementation.\n\n (2) If the changes can be implemented within six months of the make/buy point, public notice may be\n given pursuant to the short term notice procedures provided in § 51.333.\n\n (b) For purposes of this section, the make/buy point is the time at which an incumbent LEC decides to make\n for itself, or to procure from another entity, any product the design of which affects or relies on a new or\n changed network interface. If an incumbent LEC's planned changes do not require it to make or to procure\n a product, then the make/buy point is the point at which the incumbent LEC makes a definite decision to\n implement a network change.\n\n (1) For purposes of this section, a product is any hardware r software for use in an incumbent LEC's\n network or in conjunction with its facilities that, when installed, could affect the compatibility of an\n interconnected service provider's network, facilities or services with an incumbent LEC's existing\n telephone network, facilities or services, or with any of an incumbent carrier's services or\n capabilities.\n\n (2) For purposes of this section a definite decision is reached when an incumbent LEC determines that\n the change is warranted, establishes a timetable for anticipated implementation, and takes any\n action toward implementation of the change within its network.\n\n[61 FR 47352, Sept. 6, 1996, as amended at 68 FR 52305, Sept. 2, 2003; 69 FR 77954, Dec. 29, 2004; 80 FR 63371, Oct. 19, 2015]\n\n\n\n47 CFR 51.331(b)(2) (enhanced display) page 40 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.333\nInterconnection\n\n\n§ 51.333 Notice of network changes: Short term notice, objections thereto and objections to\ncopper retirement notices.\n (a) Certificate of service. If an incumbent LEC wishes to provide less than six months' notice of planned\n network changes, or provide notice of a planned copper retirement, the public notice or certification that it\n files with the Commission must include a certificate of service in addition to the information required by §\n 51.327(a) or § 51.329(a)(2), as applicable. The certificate of service shall include:\n\n (1) A statement that, at least five business days in advance of its filing with the Commission, the\n incumbent LEC served a copy of its public notice upon each telephone exchange service provider\n that directly interconnects with the incumbent LEC's network, provided that, with respect to copper\n retirement notices, such service may be made by postings on the incumbent LEC's website if the\n directly interconnecting telephone exchange service provider has agreed to receive notice by website\n postings; and\n\n (2) The name and address of each such telephone exchange service provider upon which the notice was\n served.\n\n (b) Implementation date. The Commission will release a public notice of filings of such short term notices or\n copper retirement notices. The effective date of the network changes referenced in those filings shall be\n subject to the following requirements:\n\n (1) Short term notice. Short term notices shall be deemed final on the tenth business day after the\n release of the Commission's public notice, unless an objection is filed pursuant to paragraph (c) of\n this section.\n\n (2) Copper retirement notice. Notices of copper retirement, as defined in § 51.325(a)(3), shall be deemed\n final on the 90th day after the release of the Commission's public notice of the filing, unless an\n objection is filed pursuant to paragraph (c) of this section, except that notices of copper retirement\n involving copper facilities not being used to provision services to any customers shall be deemed\n final on the 15th day after the release of the Commission's public notice of the filing. Incumbent LEC\n copper retirement notices shall be subject to the short-term notice provisions of this section, but\n under no circumstances may an incumbent LEC provide less than 90 days' notice of such a change\n except where the copper facilities are not being used to provision services to any customers.\n\n (c) Objection procedures for short term notice and copper retirement notices. An objection to an incumbent\n LEC's short term notice or to its copper retirement notice may be filed by an information service provider\n or telecommunications service provider that directly interconnects with the incumbent LEC's network.\n Such objections must be filed with the Commission, and served on the incumbent LEC, no later than the\n ninth business day following the release of the Commission's public notice. All objections filed under this\n section must:\n\n (1) State specific reasons why the objector cannot accommodate the incumbent LEC's changes by the\n date stated in the incumbent LEC's public notice and must indicate any specific technical\n information or other assistance required that would enable the objector to accommodate those\n changes;\n\n (2) List steps the objector is taking to accommodate the incumbent LEC's changes on an expedited\n basis;\n\n\n\n\n47 CFR 51.333(c)(2) (enhanced display) page 41 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.333(c)(3)\nInterconnection\n\n\n (3) State the earliest possible date (not to exceed six months from the date the incumbent LEC gave its\n original public notice under this section) by which the objector anticipates that it can accommodate\n the incumbent LEC's changes, assuming it receives the technical information or other assistance\n requested under paragraph (c)(1) of this section;\n\n (4) Provide any other information relevant to the objection; and\n\n (5) Provide the following affidavit, executed by the objector's president, chief executive officer, or other\n corporate officer or official, who has appropriate authority to bind the corporation, and knowledge of\n the details of the objector's inability to adjust its network on a timely basis:\n\n “I, (name and title), under oath and subject to penalty for perjury, certify that I have read this\n objection, that the statements contained in it are true, that there is good ground to support the\n objection, and that it is not interposed for purposes of delay. I have appropriate authority to make\n this certification on behalf of (objector) and I agree to provide any information the Commission may\n request to allow the Commission to evaluate the truthfulness and validity of the statements\n contained in this objection.”\n\n (d) Response to objections. If an objection is filed, an incumbent LEC shall have until no later than the\n fourteenth business day following the release of the Commission's public notice to file with the\n Commission a response to the objection and to serve the response on all parties that filed objections. An\n incumbent LEC's response must:\n\n (1) Provide information responsive to the allegations and concerns identified by the objectors;\n\n (2) State whether the implementation date(s) proposed by the objector(s) are acceptable;\n\n (3) Indicate any specific technical assistance that the incumbent LEC is willing to give to the objectors;\n and\n\n (4) Provide any other relevant information.\n\n (e) Resolution. If an objection is filed pursuant to paragraph (c) of this section, then the Chief, Wireline\n Competition Bureau, will issue an order determining a reasonable public notice period, provided however,\n that if an incumbent LEC does not file a response within the time period allotted, or if the incumbent LEC's\n response accepts the latest implementation date stated by an objector, then the incumbent LEC's public\n notice shall be deemed amended to specify the implementation date requested by the objector, without\n further Commission action. An incumbent LEC must amend its public notice to reflect any change in the\n applicable implementation date pursuant to § 51.329(b).\n\n (f) Resolution of objections to copper retirement notices. An objection to a notice that an incumbent LEC\n intends to retire copper, as defined in § 51.325(a)(3) shall be deemed denied 90 days after the date on\n which the Commission releases public notice of the incumbent LEC filing, unless the Commission rules\n otherwise within that time. Until the Commission has either ruled on an objection or the 90-day period for\n the Commission's consideration has expired, an incumbent LEC may not retire those copper facilities at\n issue.\n\n (g) Limited exemption from advance notice and timing requirements —\n\n (1) Force majeure events.\n\n\n\n\n47 CFR 51.333(g)(1) (enhanced display) page 42 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.333(g)(1)(i)\nInterconnection\n\n\n (i) Notwithstanding the requirements of this section, if in response to a force majeure event, an\n incumbent LEC invokes its disaster recovery plan, the incumbent LEC will be exempted during\n the period when the plan is invoked (up to a maximum 180 days) from all advanced notice and\n waiting period requirements under this section associated with network changes that result\n from or are necessitated as a direct result of the force majeure event.\n\n (ii) As soon as practicable, during the exemption period, the incumbent LEC must continue to\n comply with § 51.325(a), include in its public notice the date on which the carrier invoked its\n disaster recovery plan, and must communicate with other directly interconnected telephone\n exchange service providers to ensure that such carriers are aware of any changes being made\n to their networks that may impact those carriers' operations.\n\n (iii) If an incumbent LEC requires relief from the notice requirements under this section longer than\n 180 days after it invokes the disaster recovery plan, the incumbent LEC must request such\n authority from the Commission. Any such request must be accompanied by a status report\n describing the incumbent LEC's progress and providing an estimate of when the incumbent LEC\n expects to be able to resume compliance with the notice requirements under this section.\n\n (iv) For purposes of this section, “force majeure” means a highly disruptive event beyond the control\n of the incumbent LEC, such as a natural disaster or a terrorist attack.\n\n (v) For purposes of this section, “disaster recovery plan” means a disaster response plan\n developed by the incumbent LEC for the purpose of responding to a force majeure event.\n\n (2) Other events outside an incumbent LEC's control.\n\n (i) Notwithstanding the requirements of this section, if in response to circumstances outside of its\n control other than a force majeure event addressed in paragraph (g)(1) of this section, an\n incumbent LEC cannot comply with the timing requirement set forth in paragraphs (b)(1) or (2)\n of this section, hereinafter referred to as the waiting period, the incumbent LEC must give\n notice of the network change as soon as practicable and will be entitled to a reduced waiting\n period commensurate with the circumstances at issue.\n\n (ii) A short term network change or copper retirement notice subject to paragraph (g)(2) of this\n section must include a brief explanation of the circumstances necessitating the reduced\n waiting period and how the incumbent LEC intends to minimize the impact of the reduced\n waiting period on directly interconnected telephone exchange service providers.\n\n (iii) For purposes of this section, circumstances outside of the incumbent LEC's control include\n federal, state, or local municipal mandates and unintentional damage to the incumbent LEC's\n network facilities not caused by the incumbent LEC.\n\n[61 FR 47352, Sept. 6, 1996, as amended at 67 FR 13226, Mar. 21, 2002; 68 FR 52305, Sept. 2, 2003; 69 FR 77954; Dec. 29, 2004;\n80 FR 63371, Oct. 19, 2015; 82 FR 61477, Dec. 28, 2017; 83 FR 31675, July 9, 2018]\n\n\n§ 51.335 Notice of network changes: Confidential or proprietary information.\n (a) If an incumbent LEC claims that information otherwise required to be disclosed is confidential or\n proprietary, the incumbent LEC's public notice must include, in addition to the information identified in §\n 51.327(a), a statement that the incumbent LEC will make further information available to those signing a\n nondisclosure agreement.\n\n\n47 CFR 51.335(a) (enhanced display) page 43 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.335(b)\nInterconnection\n\n\n (b) Tolling the public notice period. Upon receipt by an incumbent LEC of a competing service provider's\n request for disclosure of confidential or proprietary information, the applicable public notice period will be\n tolled until the parties agree on the terms of a nondisclosure agreement. An incumbent LEC receiving\n such a request must amend its public notice as follows:\n\n (1) On the date it receives a request from a competing service provider for disclosure of confidential or\n proprietary information, to state that the notice period is tolled; and\n\n (2) On the date the nondisclosure agreement is finalized, to specify a new implementation date.\n\n[61 FR 47352, Sept. 6, 1996]\n\n\nSubpart E—Exemptions, Suspensions, and Modifications of Requirements of Section 251 of the\nAct\n§ 51.401 State authority.\nA state commission shall determine whether a telephone company is entitled, pursuant to section 251(f) of the Act,\nto exemption from, or suspension or modification of, the requirements of section 251 of the Act. Such\ndeterminations shall be made on a case-by-case basis.\n\n§ 51.403 Carriers eligible for suspension or modification under section 251(f)(2) of the Act.\nA LEC is not eligible for a suspension or modification of the requirements of section 251(b) or section 251(c) of the\nAct pursuant to section 251(f)(2) of the Act if such LEC, at the holding company level, has two percent or more of\nthe subscriber lines installed in the aggregate nationwide.\n\n§ 51.405 Burden of proof.\n (a) Upon receipt of a bona fide request for interconnection, services, or access to unbundled network\n elements, a rural telephone company must prove to the state commission that the rural telephone\n company should be entitled, pursuant to section 251(f)(1) of the Act, to continued exemption from the\n requirements of section 251(c) of the Act.\n\n (b) A LEC with fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide\n must prove to the state commission, pursuant to section 251(f)(2) of the Act, that it is entitled to a\n suspension or modification of the application of a requirement or requirements of section 251(b) or\n 251(c) of the Act.\n\n (c) In order to justify continued exemption under section 251(f)(1) of the Act once a bona fide request has\n been made, an incumbent LEC must offer evidence that the application of the requirements of section\n 251(c) of the Act would be likely to cause undue economic burden beyond the economic burden that is\n typically associated with efficient competitive entry.\n\n (d) In order to justify a suspension or modification under section 251(f)(2) of the Act, a LEC must offer\n evidence that the application of section 251(b) or section 251(c) of the Act would be likely to cause undue\n economic burden beyond the economic burden that is typically associated with efficient competitive\n entry.\n\nSubpart F—Pricing of Elements\n\n\n47 CFR 51.405(d) (enhanced display) page 44 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.501\nInterconnection\n\n\n§ 51.501 Scope.\n (a) The rules in this subpart apply to the pricing of network elements, interconnection, and methods of\n obtaining access to unbundled elements, including physical collocation and virtual collocation.\n\n (b) As used in this subpart, the term “element” includes network elements, interconnection, and methods of\n obtaining interconnection and access to unbundled elements.\n\n§ 51.503 General pricing standard.\n (a) An incumbent LEC shall offer elements to requesting telecommunications carriers at rates, terms, and\n conditions that are just, reasonable, and nondiscriminatory.\n\n (b) An incumbent LEC's rates for each element it offers shall comply with the rate structure rules set forth in\n §§ 51.507 and 51.509, and shall be established, at the election of the state commission—\n\n (1) Pursuant to the forward-looking economic cost-based pricing methodology set forth in §§ 51.505\n and 51.511; or\n\n (2) Consistent with the proxy ceilings and ranges set forth in § 51.513.\n\n (c) The rates that an incumbent LEC assesses for elements shall not vary on the basis of the class of\n customers served by the requesting carrier, or on the type of services that the requesting carrier\n purchasing such elements uses them to provide.\n\n§ 51.505 Forward-looking economic cost.\n (a) In general. The forward-looking economic cost of an element equals the sum of:\n\n (1) The total element long-run incremental cost of the element, as described in paragraph (b); and\n\n (2) A reasonable allocation of forward-looking common costs, as described in paragraph (c).\n\n (b) Total element long-run incremental cost. The total element long-run incremental cost of an element is the\n forward-looking cost over the long run of the total quantity of the facilities and functions that are directly\n attributable to, or reasonably identifiable as incremental to, such element, calculated taking as a given the\n incumbent LEC's provision of other elements.\n\n (1) Efficient network configuration. The total element long-run incremental cost of an element should be\n measured based on the use of the most efficient telecommunications technology currently available\n and the lowest cost network configuration, given the existing location of the incumbent LEC's wire\n centers.\n\n (2) Forward-looking cost of capital. The forward-looking cost of capital shall be used in calculating the\n total element long-run incremental cost of an element.\n\n (3) Depreciation rates. The depreciation rates used in calculating forward-looking economic costs of\n elements shall be economic depreciation rates.\n\n (c) Reasonable allocation of forward-looking common costs —\n\n (1) Forward-looking common costs. Forward-looking common costs are economic costs efficiently\n incurred in providing a group of elements or services (which may include all elements or services\n provided by the incumbent LEC) that cannot be attributed directly to individual elements or services.\n\n (2) Reasonable allocation.\n\n47 CFR 51.505(c)(2) (enhanced display) page 45 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.505(c)(2)(i)\nInterconnection\n\n\n (i) The sum of a reasonable allocation of forward-looking common costs and the total element\n long-run incremental cost of an element shall not exceed the stand-alone costs associated with\n the element. In this context, stand-alone costs are the total forward-looking costs, including\n corporate costs, that would be incurred to produce a given element if that element were\n provided by an efficient firm that produced nothing but the given element.\n\n (ii) The sum of the allocation of forward-looking common costs for all elements and services shall\n equal the total forward-looking common costs, exclusive of retail costs, attributable to\n operating the incumbent LEC's total network, so as to provide all the elements and services\n offered.\n\n (d) Factors that may not be considered. The following factors shall not be considered in a calculation of the\n forward-looking economic cost of an element:\n\n (1) Embedded costs. Embedded costs are the costs that the incumbent LEC incurred in the past and that\n are recorded in the incumbent LEC's books of accounts;\n\n (2) Retail costs. Retail costs include the costs of marketing, billing, collection, and other costs\n associated with offering retail telecommunications services to subscribers who are not\n telecommunications carriers, described in § 51.609;\n\n (3) Opportunity costs. Opportunity costs include the revenues that the incumbent LEC would have\n received for the sale of telecommunications services, in the absence of competition from\n telecommunications carriers that purchase elements; and\n\n (4) Revenues to subsidize other services. Revenues to subsidize other services include revenues\n associated with elements or telecommunications service offerings other than the element for which\n a rate is being established.\n\n (e) Cost study requirements. An incumbent LEC must prove to the state commission that the rates for each\n element it offers do not exceed the forward-looking economic cost per unit of providing the element,\n using a cost study that complies with the methodology set forth in this section and § 51.511.\n\n (1) A state commission may set a rate outside the proxy ranges or above the proxy ceilings described in\n § 51.513 only if that commission has given full and fair effect to the economic cost based pricing\n methodology described in this section and § 51.511 in a state proceeding that meets the\n requirements of paragraph (e)(2) of this section.\n\n (2) Any state proceeding conducted pursuant to this section shall provide notice and an opportunity for\n comment to affected parties and shall result in the creation of a written factual record that is\n sufficient for purposes of review. The record of any state proceeding in which a state commission\n considers a cost study for purposes of establishing rates under this section shall include any such\n cost study.\n\n§ 51.507 General rate structure standard.\n (a) Element rates shall be structured consistently with the manner in which the costs of providing the\n elements are incurred.\n\n (b) The costs of dedicated facilities shall be recovered through flat-rated charges.\n\n\n\n\n47 CFR 51.507(b) (enhanced display) page 46 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.507(c)\nInterconnection\n\n\n (c) The costs of shared facilities shall be recovered in a manner that efficiently apportions costs among\n users. Costs of shared facilities may be apportioned either through usage-sensitive charges or capacity-\n based flat-rated charges, if the state commission finds that such rates reasonably reflect the costs\n imposed by the various users.\n\n (d) Recurring costs shall be recovered through recurring charges, unless an incumbent LEC proves to a state\n commission that such recurring costs are de minimis. Recurring costs shall be considered de minimis\n when the costs of administering the recurring charge would be excessive in relation to the amount of the\n recurring costs.\n\n (e) State commissions may, where reasonable, require incumbent LECs to recover nonrecurring costs through\n recurring charges over a reasonable period of time. Nonrecurring charges shall be allocated efficiently\n among requesting telecommunications carriers, and shall not permit an incumbent LEC to recover more\n than the total forward-looking economic cost of providing the applicable element.\n\n (f) State commissions shall establish different rates for elements in at least three defined geographic areas\n within the state to reflect geographic cost differences.\n\n (1) To establish geographically-deaveraged rates, state commissions may use existing density-related\n zone pricing plans described in § 69.123 of this chapter, or other such cost-related zone plans\n established pursuant to state law.\n\n (2) In states not using such existing plans, state commissions must create a minimum of three cost-\n related rate zones.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 64 FR 32207, June 16, 1999; 64 FR 68637, Dec. 8, 1999]\n\n\n§ 51.509 Rate structure standards for specific elements.\nIn addition to the general rules set forth in § 51.507, rates for specific elements shall comply with the following rate\nstructure rules.\n\n (a) Local loop and subloop. Loop and subloop costs shall be recovered through flat-rated charges.\n\n (b) Local switching. Local switching costs shall be recovered through a combination of a flat-rated charge for\n line ports and one or more flat-rated or per-minute usage charges for the switching matrix and for trunk\n ports.\n\n (c) Dedicated transmission links. Dedicated transmission link costs shall be recovered through flat-rated\n charges.\n\n (d) Shared transmission facilities between tandem switches and end offices. The costs of shared\n transmission facilities between tandem switches and end offices may be recovered through usage-\n sensitive charges, or in another manner consistent with the manner that the incumbent LEC incurs those\n costs.\n\n (e) Tandem switching. Tandem switching costs may be recovered through usage-sensitive charges, or in\n another manner consistent with the manner that the incumbent LEC incurs those costs.\n\n (f) Signaling and call-related database services. Signaling and call-related database service costs shall be\n usage-sensitive, based on either the number of queries or the number of messages, with the exception of\n the dedicated circuits known as signaling links, the cost of which shall be recovered through flat-rated\n charges.\n47 CFR 51.509(f) (enhanced display) page 47 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.509(g)\nInterconnection\n\n\n (g) Collocation. Collocation costs shall be recovered consistent with the rate structure policies established in\n the Expanded Interconnection proceeding, CC Docket No. 91–141.\n\n (h) Network interface device. An incumbent LEC must establish a price for the network interface device when\n that unbundled network element is purchased on a stand-alone basis pursuant to § 51.319(c).\n\n[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52306, Sept. 2, 2003]\n\n\n§ 51.511 Forward-looking economic cost per unit.\n (a) The forward-looking economic cost per unit of an element equals the forward-looking economic cost of\n the element, as defined in § 51.505, divided by a reasonable projection of the sum of the total number of\n units of the element that the incumbent LEC is likely to provide to requesting telecommunications carriers\n and the total number of units of the element that the incumbent LEC is likely to use in offering its own\n services, during a reasonable measuring period.\n\n (b)\n\n (1) With respect to elements that an incumbent LEC offers on a flat-rate basis, the number of units is\n defined as the discrete number of elements (e.g., local loops or local switch ports) that the\n incumbent LEC uses or provides.\n\n (2) With respect to elements that an incumbent LEC offers on a usage-sensitive basis, the number of\n units is defined as the unit of measurement of the usage (e.g., minutes of use or call-related\n database queries) of the element.\n\n§ 51.513 Proxies for forward-looking economic cost.\n (a) A state commission may determine that the cost information available to it with respect to one or more\n elements does not support the adoption of a rate or rates that are consistent with the requirements set\n forth in §§ 51.505 and 51.511. In that event, the state commission may establish a rate for an element\n that is consistent with the proxies specified in this section, provided that:\n\n (1) Any rate established through use of such proxies shall be superseded once the state commission\n has completed review of a cost study that complies with the forward-looking economic cost based\n pricing methodology described in §§ 51.505 and 51.511, and has concluded that such study is a\n reasonable basis for establishing element rates; and\n\n (2) The state commission sets forth in writing a reasonable basis for its selection of a particular rate for\n the element.\n\n (b) The constraints on proxy-based rates described in this section apply on a geographically averaged basis.\n For purposes of determining whether geographically deaveraged rates for elements comply with the\n provisions of this section, a geographically averaged proxy-based rate shall be computed based on the\n weighted average of the actual, geographically deaveraged rates that apply in separate geographic areas\n in a state.\n\n (c) Proxies for specific elements —\n\n (1) Local loops. For each state listed below, the proxy-based monthly rate for unbundled local loops, on a\n statewide weighted average basis, shall be no greater than the figures listed in the table below. (The\n Commission has not established a default proxy ceiling for loop rates in Alaska.)\n\n\n47 CFR 51.513(c)(1) (enhanced display) page 48 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.513(c)(1)\nInterconnection\n\n\n Table\n\n State Proxy ceiling\n Alabama $17.25\n Arizona 12.85\n Arkansas 21.18\n California 11.10\n Colorado 14.97\n Connecticut 13.23\n Delaware 13.24\n District of Columbia 10.81\n Florida 13.68\n Georgia 16.09\n Hawaii 15.27\n Idaho 20.16\n Illinois 13.12\n Indiana 13.29\n Iowa 15.94\n Kansas 19.85\n Kentucky 16.70\n Louisiana 16.98\n Maine 18.69\n Maryland 13.36\n Massachusetts 9.83\n Michigan 15.27\n Minnesota 14.81\n Mississippi 21.97\n Missouri 18.32\n Montana 25.18\n Nebraska 18.05\n Nevada 18.95\n New Hampshire 16.00\n New Jersey 12.47\n New Mexico 18.66\n New York 11.75\n North Carolina 16.71\n North Dakota 25.36\n Ohio 15.73\n Oklahoma 17.63\n Oregon 15.44\n Pennsylvania 12.30\n\n\n47 CFR 51.513(c)(1) (enhanced display) page 49 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.513(c)(2)\nInterconnection\n\n\n State Proxy ceiling\n Puerto Rico 12.47\n Rhode Island 11.48\n South Carolina 17.07\n South Dakota 25.33\n Tennessee 17.41\n Texas 15.49\n Utah 15.12\n Vermont 20.13\n Virginia 14.13\n Washington 13.37\n West Virginia 19.25\n Wisconsin 15.94\n Wyoming 25.11\n\n\n (2) Local switching.\n\n (i) The blended proxy-based rate for the usage-sensitive component of the unbundled local\n switching element, including the switching matrix, the functionalities used to provide vertical\n features, and the trunk ports, shall be no greater than 0.4 cents ($0.004) per minute, and no less\n than 0.2 cents ($0.002) per minute, except that, where a state commission has, before August\n 8, 1996, established a rate less than or equal to 0.5 cents ($0.005) per minute, that rate may be\n retained pending completion of a forward-looking economic cost study. If a flat-rated charge is\n established for these components, it shall be converted to a per-minute rate by dividing the\n projected average minutes of use per flat-rated subelement, for purposes of assessing\n compliance with this proxy. A weighted average of such flat-rate or usage-sensitive charges\n shall be used in appropriate circumstances, such as when peak and off-peak charges are used.\n\n (ii) The blended proxy-based rate for the line port component of the local switching element shall\n be no less than $1.10, and no more than $2.00, per line port per month for ports used in the\n delivery of basic residential and business exchange services.\n\n (3) Dedicated transmission links. The proxy-based rates for dedicated transmission links shall be no\n greater than the incumbent LEC's tariffed interstate charges for comparable entrance facilities or\n direct-trunked transport offerings, as described in §§ 69.110 and 69.112 of this chapter.\n\n (4) Shared transmission facilities between tandem switches and end offices. The proxy-based rates for\n shared transmission facilities between tandem switches and end offices shall be no greater than the\n weighted per-minute equivalent of DS1 and DS3 interoffice dedicated transmission link rates that\n reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a\n surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated\n using a loading factor of 9,000 minutes per month per voice-grade circuit, as described in § 69.112\n of this chapter.\n\n (5) Tandem switching. The proxy-based rate for tandem switching shall be no greater than 0.15 cents\n ($0.0015) per minute of use.\n\n\n\n47 CFR 51.513(c)(5) (enhanced display) page 50 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.513(c)(6)\nInterconnection\n\n\n (6) Collocation. To the extent that the incumbent LEC offers a comparable form of collocation in its\n interstate expanded interconnection tariffs, as described in §§ 64.1401 and 69.121 of this chapter,\n the proxy-based rates for collocation shall be no greater than the effective rates for equivalent\n services in the interstate expanded interconnection tariff. To the extent that the incumbent LEC does\n not offer a comparable form of collocation in its interstate expanded interconnection tariffs, a state\n commission may, in its discretion, establish a proxy-based rate, provided that the state commission\n sets forth in writing a reasonable basis for concluding that its rate would approximate the result of a\n forward-looking economic cost study, as described in § 51.505.\n\n (7) Signaling, call-related database, and other elements. To the extent that the incumbent LEC has\n established rates for offerings comparable to other elements in its interstate access tariffs, and has\n provided cost support for those rates pursuant to § 61.49(h) of this chapter, the proxy-based rates\n for those elements shall be no greater than the effective rates for equivalent services in the\n interstate access tariffs. In other cases, the proxy-based rate shall be no greater than a rate based on\n direct costs plus a reasonable allocation of overhead loadings, pursuant to § 61.49(h) of this\n chapter.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 52709, Oct. 8, 1996]\n\n\n§ 51.515 Application of access charges.\n (a)–(b) [Reserved]\n\n (c) Notwithstanding §§ 51.505, 51.511, and 51.513(d)(2) and paragraph (a) of this section, an incumbent LEC\n may assess upon telecommunications carriers that purchase unbundled local switching elements, as\n described in § 51.319(c)(1), for intrastate toll minutes of use traversing such unbundled local switching\n elements, intrastate access charges comparable to those listed in paragraph (b) and any explicit\n intrastate universal service mechanism based on access charges, only until the earliest of the following,\n and not thereafter:\n\n (1) June 30, 1997;\n\n (2) The effective date of a state commission decision that an incumbent LEC may not assess such\n charges; or\n\n (3) With respect to a Bell operating company only, the date on which that company is authorized to offer\n in-region interLATA service in the state pursuant to section 271 of the Act. The end date for Bell\n operating companies that are authorized to offer interLATA service shall apply only to the recovery of\n access charges in those states in which the Bell operating company is authorized to offer such\n service.\n\n (d) Interstate access charges described in part 69 shall not be assessed by incumbent LECs on each element\n purchased by requesting carriers providing both telephone exchange and exchange access services to\n such requesting carriers' end users.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 62 FR 45587, Aug. 28, 1997; 71 FR 65750, Nov. 9, 2006]\n\n\nSubpart G—Resale\n\n\n\n\n47 CFR 51.515(d) (enhanced display) page 51 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.601\nInterconnection\n\n\n§ 51.601 Scope of resale rules.\nThe provisions of this subpart govern the terms and conditions under which LECs offer telecommunications\nservices to requesting telecommunications carriers for resale.\n\n§ 51.603 Resale obligation of all local exchange carriers.\n (a) A LEC shall make its telecommunications services available for resale to requesting telecommunications\n carriers on terms and conditions that are reasonable and non-discriminatory.\n\n (b) A LEC must provide services to requesting telecommunications carriers for resale that are equal in quality,\n subject to the same conditions, and provided within the same provisioning time intervals that the LEC\n provides these services to others, including end users.\n\n§ 51.605 Additional obligations of incumbent local exchange carriers.\n (a) An incumbent LEC shall offer to any requesting telecommunications carrier any telecommunications\n service that the incumbent LEC offers on a retail basis to subscribers that are not telecommunications\n carriers for resale at wholesale rates that are, at the election of the state commission—\n\n (1) Consistent with the avoided cost methodology described in §§ 51.607 and 51.609; or\n\n (2) Interim wholesale rates, pursuant to § 51.611.\n\n (b) For purposes of this subpart, exchange access services, as defined in section 3 of the Act, shall not be\n considered to be telecommunications services that incumbent LECs must make available for resale at\n wholesale rates to requesting telecommunications carriers.\n\n (c) For purposes of this subpart, advanced telecommunications services sold to Internet Service Providers as\n an input component to the Internet Service Providers' retail Internet service offering shall not be\n considered to be telecommunications services offered on a retail basis that incumbent LECs must make\n available for resale at wholesale rates to requesting telecommunications carriers.\n\n (d) Notwithstanding paragraph (b) of this section, advanced telecommunications services that are classified\n as exchange access services are subject to the obligations of paragraph (a) of this section if such\n services are sold on a retail basis to residential and business end-users that are not telecommunications\n carriers.\n\n (e) Except as provided in § 51.613, an incumbent LEC shall not impose restrictions on the resale by a\n requesting carrier of telecommunications services offered by the incumbent LEC.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 65 FR 6915, Feb. 11, 2000]\n\n\n§ 51.607 Wholesale pricing standard.\nThe wholesale rate that an incumbent LEC may charge for a telecommunications service provided for resale to\nother telecommunications carriers shall equal the rate for the telecommunications service, less avoided retail costs,\nas described in section 51.609. For purposes of this subpart, exchange access services, as defined in section 3 of\nthe Act, shall not be considered to be telecommunications services that incumbent LECs must make available for\nresale at wholesale rates to requesting telecommunications carriers.\n\n[65 FR 6915, Feb. 11, 2000]\n\n\n47 CFR 51.607 (enhanced display) page 52 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.609\nInterconnection\n\n\n§ 51.609 Determination of avoided retail costs.\n (a) Except as provided in § 51.611, the amount of avoided retail costs shall be determined on the basis of a\n cost study that complies with the requirements of this section.\n\n (b) Avoided retail costs shall be those costs that reasonably can be avoided when an incumbent LEC provides\n a telecommunications service for resale at wholesale rates to a requesting carrier.\n\n (c) For incumbent LECs that are designated as Class A companies under § 32.11 of this chapter, except as\n provided in paragraph (d) of this section, avoided retail costs shall:\n\n (1) Include as direct costs, the costs recorded in USOA accounts 6611 (product management and sales),\n 6613 (product advertising), 6621 (call completion services), 6622, (number services), and 6623\n (customer services) (§§ 32.6611, 32.6613, 32.6621, 32.6622, and 32.6623 of this chapter);\n\n (2) Include, as indirect costs, a portion of the costs recorded in USOA accounts 6121–6124 (general\n support expenses), 6720 (corporate operations expenses), and uncollectible telecommunications\n revenue included in 5300 (uncollectible revenue) (Secs. 32.6121 through 32.6124, 32.6720 and\n 32.5300 of this chapter); and\n\n (3) Not include plant-specific expenses and plant non-specific expenses, other than general support\n expenses (§§ 32.6112–6114, 32.6211–6565 of this chapter).\n\n (d) Costs included in accounts 6611, 6613 and 6621–6623 described in paragraph (c) of this section (§§\n 32.6611, 32.6613, and 32.6621–6623 of this chapter) may be included in wholesale rates only to the\n extent that the incumbent LEC proves to a state commission that specific costs in these accounts will be\n incurred and are not avoidable with respect to services sold at wholesale, or that specific costs in these\n accounts are not included in the retail prices of resold services. Costs included in accounts 6112–6114\n and 6211–6565 described in paragraph (c) of this section (§§ 32.6112–32.6114, 32.6211–32.6565 of\n this chapter) may be treated as avoided retail costs, and excluded from wholesale rates, only to the extent\n that a party proves to a state commission that specific costs in these accounts can reasonably be\n avoided when an incumbent LEC provides a telecommunications service for resale to a requesting carrier.\n\n (e) For incumbent LECs that are designated as Class B companies under § 32.11 of this chapter and that\n record information in summary accounts instead of specific USOA accounts, the entire relevant summary\n accounts may be used in lieu of the specific USOA accounts listed in paragraphs (c) and (d) of this\n section.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 67 FR 5700, Feb. 6, 2002; 69 FR 53652, Sept. 2, 2004]\n\n\n§ 51.611 Interim wholesale rates.\n (a) If a state commission cannot, based on the information available to it, establish a wholesale rate using the\n methodology prescribed in § 51.609, then the state commission may elect to establish an interim\n wholesale rate as described in paragraph (b) of this section.\n\n (b) The state commission may establish interim wholesale rates that are at least 17 percent, and no more\n than 25 percent, below the incumbent LEC's existing retail rates, and shall articulate the basis for\n selecting a particular discount rate. The same discount percentage rate shall be used to establish interim\n wholesale rates for each telecommunications service.\n\n\n\n\n47 CFR 51.611(b) (enhanced display) page 53 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.611(c)\nInterconnection\n\n\n (c) A state commission that establishes interim wholesale rates shall, within a reasonable period of time\n thereafter, establish wholesale rates on the basis of an avoided retail cost study that complies with §\n 51.609.\n\n§ 51.613 Restrictions on resale.\n (a) Notwithstanding § 51.605(b), the following types of restrictions on resale may be imposed:\n\n (1) Cross-class selling. A state commission may permit an incumbent LEC to prohibit a requesting\n telecommunications carrier that purchases at wholesale rates for resale, telecommunications\n services that the incumbent LEC makes available only to residential customers or to a limited class\n of residential customers, from offering such services to classes of customers that are not eligible to\n subscribe to such services from the incumbent LEC.\n\n (2) Short term promotions. An incumbent LEC shall apply the wholesale discount to the ordinary rate for\n a retail service rather than a special promotional rate only if:\n\n (i) Such promotions involve rates that will be in effect for no more than 90 days; and\n\n (ii) The incumbent LEC does not use such promotional offerings to evade the wholesale rate\n obligation, for example by making available a sequential series of 90-day promotional rates.\n\n (b) With respect to any restrictions on resale not permitted under paragraph (a), an incumbent LEC may\n impose a restriction only if it proves to the state commission that the restriction is reasonable and\n nondiscriminatory.\n\n (c) Branding. Where operator, call completion, or directory assistance service is part of the service or service\n package an incumbent LEC offers for resale, failure by an incumbent LEC to comply with reseller\n unbranding or rebranding requests shall constitute a restriction on resale.\n\n (1) An incumbent LEC may impose such a restriction only if it proves to the state commission that the\n restriction is reasonable and nondiscriminatory, such as by proving to a state commission that the\n incumbent LEC lacks the capability to comply with unbranding or rebranding requests.\n\n (2) For purposes of this subpart, unbranding or rebranding shall mean that operator, call completion, or\n directory assistance services are offered in such a manner that an incumbent LEC's brand name or\n other identifying information is not identified to subscribers, or that such services are offered in such\n a manner that identifies to subscribers the requesting carrier's brand name or other identifying\n information.\n\n§ 51.615 Withdrawal of services.\nWhen an incumbent LEC makes a telecommunications service available only to a limited group of customers that\nhave purchased such a service in the past, the incumbent LEC must also make such a service available at wholesale\nrates to requesting carriers to offer on a resale basis to the same limited group of customers that have purchased\nsuch a service in the past.\n\n\n\n\n47 CFR 51.615 (enhanced display) page 54 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.617\nInterconnection\n\n\n§ 51.617 Assessment of end user common line charge on resellers.\n (a) Notwithstanding the provision in § 69.104(a) of this chapter that the end user common line charge be\n assessed upon end users, an incumbent LEC shall assess this charge, and the charge for changing the\n designated primary interexchange carrier, upon requesting carriers that purchase telephone exchange\n service for resale. The specific end user common line charge to be assessed will depend upon the identity\n of the end user served by the requesting carrier.\n\n (b) When an incumbent LEC provides telephone exchange service to a requesting carrier at wholesale rates\n for resale, the incumbent LEC shall continue to assess the interstate access charges provided in part 69\n of this chapter, other than the end user common line charge, upon interexchange carriers that use the\n incumbent LEC's facilities to provide interstate or international telecommunications services to the\n interexchange carriers' subscribers.\n\nSubpart H—Reciprocal Compensation for Transport and Termination of Telecommunications\nTraffic\n\nEditorial Note: Nomenclature changes to subpart H of part 51 appear at 66 FR 26806, May 15, 2001.\n\n§ 51.700 Purpose of this subpart.\nThe purpose of this subpart, as revised in 2011 by FCC 11–161 is to establish rules governing the transition of\nintercarrier compensation from a calling-party's-network pays system to a default bill-and-keep methodology.\nFollowing the transition, the exchange of telecommunications traffic between and among service providers will, by\ndefault, be governed by bill-and-keep arrangements.\n\n\n Note to § 51.700: See FCC 11–161, figure 9 (chart identifying steps in the transition).\n\n\n[76 FR 73854, Nov. 29, 2011]\n\n\n§ 51.701 Scope of transport and termination pricing rules.\n (a) Effective December 29, 2011, compensation for telecommunications traffic exchanged between two\n telecommunications carriers that is interstate or intrastate exchange access, information access, or\n exchange services for such access, other than special access, is specified in subpart J of this part. The\n provisions of this subpart apply to Non-Access Reciprocal Compensation for transport and termination of\n Non-Access Telecommunications Traffic between LECs and other telecommunications carriers.\n\n (b) Non-Access Telecommunications Traffic. For purposes of this subpart, Non-Access Telecommunications\n Traffic means:\n\n (1) Telecommunications traffic exchanged between a LEC and a telecommunications carrier other than\n a CMRS provider, except for telecommunications traffic that is interstate or intrastate exchange\n access, information access, or exchange services for such access (see FCC 01–131, paragraphs 34,\n 36, 39, 42–43); or\n\n (2) Telecommunications traffic exchanged between a LEC and a CMRS provider that, at the beginning of\n the call, originates and terminates within the same Major Trading Area, as defined in § 24.202(a) of\n this chapter.\n47 CFR 51.701(b)(2) (enhanced display) page 55 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.701(b)(3)\nInterconnection\n\n\n (3) This definition includes telecommunications traffic exchanged between a LEC and another\n telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or\n terminates in IP format and that otherwise meets the definitions in paragraphs (b)(1) or (b)(2) of this\n section. Telecommunications traffic originates and/or terminates in IP format if it originates from\n and/or terminates to an end-user customer of a service that requires Internet protocol-compatible\n customer premises equipment.\n\n (c) Transport. For purposes of this subpart, transport is the transmission and any necessary tandem\n switching of Non-Access Telecommunications Traffic subject to section 251(b)(5) of the\n Communications Act of 1934, as amended, 47 U.S.C. 251(b)(5), from the interconnection point between\n the two carriers to the terminating carrier's end office switch that directly serves the called party, or\n equivalent facility provided by a carrier other than an incumbent LEC.\n\n (d) Termination. For purposes of this subpart, termination is the switching of Non-Access\n Telecommunications Traffic at the terminating carrier's end office switch, or equivalent facility, and\n delivery of such traffic to the called party's premises.\n\n (e) Non-Access Reciprocal Compensation. For purposes of this subpart, a Non-Access Reciprocal\n Compensation arrangement between two carriers is either a bill-and-keep arrangement, per § 51.713, or\n an arrangement in which each carrier receives intercarrier compensation for the transport and termination\n of Non-Access Telecommunications Traffic.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 66 FR 26806, May 15, 2001; 76 FR 73855, Nov. 29, 2011]\n\n\n§ 51.703 Non-Access reciprocal compensation obligation of LECs.\n (a) Each LEC shall establish Non-Access Reciprocal Compensation arrangements for transport and\n termination of Non-Access Telecommunications Traffic with any requesting telecommunications carrier.\n\n (b) A LEC may not assess charges on any other telecommunications carrier for Non-Access\n Telecommunications Traffic that originates on the LEC's network.\n\n (c) Notwithstanding any other provision of the Commission's rules, a LEC shall be entitled to assess and\n collect the full charges for the transport and termination of Non-Access Telecommunications Traffic,\n regardless of whether the local exchange carrier assessing the applicable charges itself delivers such\n traffic to the called party's premises or delivers the call to the called party's premises via contractual or\n other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in\n 47 U.S.C. 153(25), or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36), that does not\n itself seek to collect Non-Access Reciprocal Compensation charges for the transport and termination of\n that Non-Access Telecommunications Traffic. In no event may the total charges that a LEC may assess\n for such service to the called location exceed the applicable transport and termination rate. For purposes\n of this section, the facilities used by the LEC and affiliated or unaffiliated provider of interconnected VoIP\n service or a non-interconnected VoIP service for the transport and termination of such traffic shall be\n deemed an equivalent facility under § 51.701.\n\n[76 FR 73855, Nov. 29, 2011]\n\n\n\n\n47 CFR 51.703(c) (enhanced display) page 56 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.705\nInterconnection\n\n\n§ 51.705 LECs' rates for transport and termination.\n (a) Notwithstanding any other provision of the Commission's rules, by default, transport and termination for\n Non-Access Telecommunications Traffic exchanged between a local exchange carrier and a CMRS\n provider within the scope of § 51.701(b)(2) shall be pursuant to a bill-and-keep arrangement, as provided\n in § 51.713.\n\n (b) Establishment of incumbent LECs' rates for transport and termination:\n\n (1) This provision applies when, in the absence of a negotiated agreement between parties, state\n commissions establish Non-Access Reciprocal Compensation rates for the exchange of Non-Access\n Telecommunications Traffic between a local exchange carrier and a telecommunications carrier\n other than a CMRS provider where the incumbent local exchange carriers did not have any such\n rates as of December 29, 2011. Any rates established pursuant to this provision apply between\n December 29, 2011 and the date at which they are superseded by the transition specified in\n paragraphs (c)(2) through (c)(5) of this section.\n\n (2) An incumbent LEC's rates for transport and termination of telecommunications traffic shall be\n established, at the election of the state commission, on the basis of:\n\n (i) The forward-looking economic costs of such offerings, using a cost study pursuant to §§\n 51.505 and 51.511; or\n\n (ii) A bill-and-keep arrangement, as provided in § 51.713.\n\n (3) In cases where both carriers in a Non-Access Reciprocal Compensation arrangement are incumbent\n LECs, state commissions shall establish the rates of the smaller carrier on the basis of the larger\n carrier's forward-looking costs, pursuant to § 51.711.\n\n (c) Except as provided by paragraph (a) of this section, and notwithstanding any other provision of the\n Commission's rules, default transitional Non-Access Reciprocal Compensation rates shall be determined\n as follows:\n\n (1) Effective December 29, 2011, no telecommunications carrier may increase a Non-Access Reciprocal\n Compensation for transport or termination above the level in effect on December 29, 2011. All Bill-\n and-Keep Arrangements in effect on December 29, 2011 shall remain in place unless both parties\n mutually agree to an alternative arrangement.\n\n (2) Beginning July 1, 2012, if any telecommunications carrier's Non-Access Reciprocal Compensation\n rates in effect on December 29, 2011 or established pursuant to paragraph (b) of this section\n subsequent to December 29, 2011, exceed that carrier's interstate access rates for functionally\n equivalent services in effect in the same state on December 29, 2011, that carrier shall reduce its\n reciprocal compensation rate by one half of the difference between the Non-Access Reciprocal\n Compensation rate and the corresponding functionally equivalent interstate access rate.\n\n (3) Beginning July 1, 2013, no telecommunications carrier's Non-Access Reciprocal Compensation rates\n shall exceed that carrier's tariffed interstate access rate in effect in the same state on January 1 of\n that same year, for equivalent functionality.\n\n (4) After July 1, 2018, all Price-Cap Local Exchange Carrier's Non-Access Reciprocal Compensation rates\n and all non-incumbent LECs that benchmark access rates to Price Cap Carrier shall be set pursuant\n to Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as defined in this subpart.\n\n\n\n47 CFR 51.705(c)(4) (enhanced display) page 57 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.705(c)(5)\nInterconnection\n\n\n (5) After July 1, 2020, all Rate-of-Return Local Exchange Carrier's Non-Access Reciprocal Compensation\n rates and all non-incumbent LECs that benchmark access rates to Rate-of-Return Carriers shall be\n set pursuant to Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as defined in\n this subpart.\n\n[76 FR 73855, Nov. 29, 2011]\n\n\n§ 51.707 [Reserved]\n§ 51.709 Rate structure for transport and termination.\n (a) In state proceedings, where a rate for Non-Access Reciprocal Compensation does not exist as of\n December 29, 2011, a state commission shall establish initial rates for the transport and termination of\n Non-Access Telecommunications Traffic that are structured consistently with the manner that carriers\n incur those costs, and consistently with the principles in this section.\n\n (b) The rate of a carrier providing transmission facilities dedicated to the transmission of non-access traffic\n between two carriers' networks shall recover only the costs of the proportion of that trunk capacity used\n by an interconnecting carrier to send non-access traffic that will terminate on the providing carrier's\n network. Such proportions may be measured during peak periods.\n\n (c) For Non-Access Telecommunications Traffic exchanged between a rate-of-return regulated rural telephone\n company as defined in § 51.5 and a CMRS provider, the rural rate-of-return incumbent local exchange\n carrier will be responsible for transport to the CMRS provider's interconnection point when it is located\n within the rural rate-of-return incumbent local exchange carrier's service area. When the CMRS provider's\n interconnection point is located outside the rural rate-of-return incumbent local exchange carrier's service\n area, the rural rate-of-return incumbent local exchange carrier's transport and provisioning obligation\n stops at its meet point and the CMRS provider is responsible for the remaining transport to its\n interconnection point. This paragraph (c) is a default provision and applicable in the absence of an\n existing agreement or arrangement otherwise.\n\n[76 FR 73856, Nov. 29, 2011]\n\n\n§ 51.711 Symmetrical reciprocal compensation.\n (a) Rates for transport and termination of Non-Access Telecommunications Traffic shall be symmetrical,\n unless carriers mutually agree otherwise, except as provided in paragraphs (b) and (c) of this section.\n\n (1) For purposes of this subpart, symmetrical rates are rates that a carrier other than an incumbent LEC\n assesses upon an incumbent LEC for transport and termination of Non-Access Telecommunications\n Traffic equal to those that the incumbent LEC assesses upon the other carrier for the same services.\n\n (2) In cases where both parties are incumbent LECs, or neither party is an incumbent LEC, a state\n commission shall establish the symmetrical rates for transport and termination based on the larger\n carrier's forward-looking costs.\n\n (3) Where the switch of a carrier other than an incumbent LEC serves a geographic area comparable to\n the area served by the incumbent LEC's tandem switch, the appropriate rate for the carrier other than\n an incumbent LEC is the incumbent LEC's tandem interconnection rate.\n\n\n\n\n47 CFR 51.711(a)(3) (enhanced display) page 58 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.711(b)\nInterconnection\n\n\n (b) Except as provided in § 51.705, a state commission may establish asymmetrical rates for transport and\n termination of Non-Access Telecommunications Traffic only if the carrier other than the incumbent LEC\n (or the smaller of two incumbent LECs) proves to the state commission on the basis of a cost study using\n the forward-looking economic cost based pricing methodology described in §§ 51.505 and 51.511, that\n the forward-looking costs for a network efficiently configured and operated by the carrier other than the\n incumbent LEC (or the smaller of two incumbent LECs), exceed the costs incurred by the incumbent LEC\n (or the larger incumbent LEC), and, consequently, that such that a higher rate is justified.\n\n (c) Pending further proceedings before the Commission, a state commission shall establish the rates that\n licensees in the Paging and Radiotelephone Service (defined in part 22, subpart E of this chapter),\n Narrowband Personal Communications Services (defined in part 24, subpart D of this chapter), and\n Paging Operations in the Private Land Mobile Radio Services (defined in part 90, subpart P of this chapter)\n may assess upon other carriers for the transport and termination of telecommunications traffic based on\n the forward-looking costs that such licensees incur in providing such services, pursuant to §§ 51.505 and\n 51.511. Such licensees' rates shall not be set based on the default proxies described in § 51.707.\n\n[61 FR 45619, Aug. 29, 1996 , as amended at 76 FR 73856, Nov. 29, 2011]\n\n\n§ 51.713 Bill-and-keep arrangements.\nBill-and-keep arrangements are those in which carriers exchanging telecommunications traffic do not charge each\nother for specific transport and/or termination functions or services.\n\n[76 FR 73856, Nov. 29, 2011]\n\n\n§ 51.715 Interim transport and termination pricing.\n (a) Upon request from a telecommunications carrier without an existing interconnection arrangement with an\n incumbent LEC, the incumbent LEC shall provide transport and termination of Non-Access\n Telecommunications Traffic immediately under an interim arrangement, pending resolution of negotiation\n or arbitration regarding transport and termination rates and approval of such rates by a state commission\n under sections 251 and 252 of the Act.\n\n (1) This requirement shall not apply when the requesting carrier has an existing interconnection\n arrangement that provides for the transport and termination of Non-Access Telecommunications\n Traffic by the incumbent LEC.\n\n (2) A telecommunications carrier may take advantage of such an interim arrangement only after it has\n requested negotiation with the incumbent LEC pursuant to § 51.301.\n\n (b) Upon receipt of a request as described in paragraph (a) of this section, an incumbent LEC must, without\n unreasonable delay, establish an interim arrangement for transport and termination of Non-Access\n Telecommunications Traffic at symmetrical rates.\n\n (1) In a state in which the state commission has established transport and termination rates based on\n forward-looking economic cost studies, an incumbent LEC shall use these state-determined rates as\n interim transport and termination rates.\n\n\n\n\n47 CFR 51.715(b)(1) (enhanced display) page 59 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.715(b)(2)\nInterconnection\n\n\n (2) In a state in which the state commission has not established transport and termination rates based\n on forward-looking economic cost studies, an incumbent LEC shall set interim transport and\n termination rates either at the default ceilings specified in § 51.705(c) or in accordance with a bill-\n and-keep methodology as defined in § 51.713.\n\n (3) In a state in which the state commission has neither established transport and termination rates\n based on forward-looking economic cost studies nor established transport and termination rates\n consistent with the default price ranges described in § 51.707, an incumbent LEC shall set interim\n transport and termination rates at the default ceilings for end-office switching (0.4 cents per minute\n of use), tandem switching (0.15 cents per minute of use), and transport (as described in §\n 51.707(b)(2)).\n\n (c) An interim arrangement shall cease to be in effect when one of the following occurs with respect to rates\n for transport and termination of telecommunications traffic subject to the interim arrangement:\n\n (1) A voluntary agreement has been negotiated and approved by a state commission;\n\n (2) An agreement has been arbitrated and approved by a state commission; or\n\n (3) The period for requesting arbitration has passed with no such request.\n\n (d) If the rates for transport and termination of Non-Access Telecommunications Traffic in an interim\n arrangement differ from the rates established by a state commission pursuant to § 51.705, the state\n commission shall require carriers to make adjustments to past compensation. Such adjustments to past\n compensation shall allow each carrier to receive the level of compensation it would have received had the\n rates in the interim arrangement equalled the rates later established by the state commission pursuant to\n § 51.705.\n\n[61 FR 45619, Aug. 29, 1996, as amended at 76 FR 73856, Nov. 29, 2011]\n\n\n§ 51.717 [Reserved]\n\nSubpart I—Procedures for Implementation of Section 252 of the Act\n§ 51.801 Commission action upon a state commission's failure to act to carry out its\nresponsibility under section 252 of the Act.\n (a) If a state commission fails to act to carry out its responsibility under section 252 of the Act in any\n proceeding or other matter under section 252 of the Act, the Commission shall issue an order preempting\n the state commission's jurisdiction of that proceeding or matter within 90 days after being notified (or\n taking notice) of such failure, and shall assume the responsibility of the state commission under section\n 252 of the Act with respect to the proceeding or matter and shall act for the state commission.\n\n (b) For purposes of this part, a state commission fails to act if the state commission fails to respond, within a\n reasonable time, to a request for mediation, as provided for in section 252(a)(2) of the Act, or for a\n request for arbitration, as provided for in section 252(b) of the Act, or fails to complete an arbitration\n within the time limits established in section 252(b)(4)(C) of the Act.\n\n (c) A state shall not be deemed to have failed to act for purposes of section 252(e)(5) of the Act if an\n agreement is deemed approved under section 252(e)(4) of the Act.\n\n\n\n47 CFR 51.801(c) (enhanced display) page 60 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.803\nInterconnection\n\n\n§ 51.803 Procedures for Commission notification of a state commission's failure to act.\n (a) Any party seeking preemption of a state commission's jurisdiction, based on the state commission's\n failure to act, shall notify the Commission in accordance with following procedures:\n\n (1) Such party shall file with the Secretary of the Commission a petition, supported by an affidavit, that\n states with specificity the basis for the petition and any information that supports the claim that the\n state has failed to act, including, but not limited to, the applicable provisions of the Act and the\n factual circumstances supporting a finding that the state commission has failed to act;\n\n (2) Such party shall ensure that the state commission and the other parties to the proceeding or matter\n for which preemption is sought are served with the petition required in paragraph (a)(1) of this\n section on the same date that the petitioning party serves the petition on the Commission; and\n\n (3) Within fifteen days from the date of service of the petition required in paragraph (a)(1) of this section,\n the applicable state commission and parties to the proceeding may file with the Commission a\n response to the petition.\n\n (b) The party seeking preemption must prove that the state has failed to act to carry out its responsibilities\n under section 252 of the Act.\n\n (c) The Commission, pursuant to section 252(e)(5) of the Act, may take notice upon its own motion that a\n state commission has failed to act. In such a case, the Commission shall issue a public notice that the\n Commission has taken notice of a state commission's failure to act. The applicable state commission\n and the parties to a proceeding or matter in which the Commission has taken notice of the state\n commission's failure to act may file, within fifteen days of the issuance of the public notice, comments on\n whether the Commission is required to assume the responsibility of the state commission under section\n 252 of the Act with respect to the proceeding or matter.\n\n (d) The Commission shall issue an order determining whether it is required to preempt the state\n commission's jurisdiction of a proceeding or matter within 90 days after being notified under paragraph\n (a) of this section or taking notice under paragraph (c) of this section of a state commission's failure to\n carry out its responsibilities under section 252 of the Act.\n\n§ 51.805 The Commission's authority over proceedings and matters.\n (a) If the Commission assumes responsibility for a proceeding or matter pursuant to section 252(e)(5) of the\n Act, the Commission shall retain jurisdiction over such proceeding or matter. At a minimum, the\n Commission shall approve or reject any interconnection agreement adopted by negotiation, mediation or\n arbitration for which the Commission, pursuant to section 252(e)(5) of the Act, has assumed the state's\n commission's responsibilities.\n\n (b) Agreements reached pursuant to mediation or arbitration by the Commission pursuant to section\n 252(e)(5) of the Act are not required to be submitted to the state commission for approval or rejection.\n\n§ 51.807 Arbitration and mediation of agreements by the Commission pursuant to section\n252(e)(5) of the Act.\n (a) The rules established in this section shall apply only to instances in which the Commission assumes\n jurisdiction under section 252(e)(5) of the Act.\n\n\n\n\n47 CFR 51.807(a) (enhanced display) page 61 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.807(b)\nInterconnection\n\n\n (b) When the Commission assumes responsibility for a proceeding or matter pursuant to section 252(e)(5) of\n the Act, it shall not be bound by state laws and standards that would have applied to the state\n commission in such proceeding or matter.\n\n (c) In resolving, by arbitration under section 252(b) of the Act, any open issues and in imposing conditions\n upon the parties to the agreement, the Commission shall:\n\n (1) Ensure that such resolution and conditions meet the requirements of section 251 of the Act,\n including the rules prescribed by the Commission pursuant to that section;\n\n (2) Establish any rates for interconnection, services, or network elements according to section 252(d) of\n the Act, including the rules prescribed by the Commission pursuant to that section; and\n\n (3) Provide a schedule for implementation of the terms and conditions by the parties to the agreement.\n\n (d) An arbitrator, acting pursuant to the Commission's authority under section 252(e)(5) of the Act, shall use\n final offer arbitration, except as otherwise provided in this section:\n\n (1) At the discretion of the arbitrator, final offer arbitration may take the form of either entire package\n final offer arbitration or issue-by-issue final offer arbitration.\n\n (2) Negotiations among the parties may continue, with or without the assistance of the arbitrator, after\n final arbitration offers are submitted. Parties may submit subsequent final offers following such\n negotiations.\n\n (3) To provide an opportunity for final post-offer negotiations, the arbitrator will not issue a decision for\n at least fifteen days after submission to the arbitrator of the final offers by the parties.\n\n (e) Final offers submitted by the parties to the arbitrator shall be consistent with section 251 of the Act,\n including the rules prescribed by the Commission pursuant to that section.\n\n (f) Each final offer shall:\n\n (1) Meet the requirements of section 251, including the rules prescribed by the Commission pursuant to\n that section;\n\n (2) Establish rates for interconnection, services, or access to unbundled network elements according to\n section 252(d) of the Act, including the rules prescribed by the Commission pursuant to that section;\n and\n\n (3) Provide a schedule for implementation of the terms and conditions by the parties to the agreement.\n If a final offer submitted by one or more parties fails to comply with the requirements of this section\n or if the arbitrator determines in unique circumstances that another result would better implement\n the Communications Act, the arbitrator has discretion to take steps designed to result in an\n arbitrated agreement that satisfies the requirements of section 252(c) of the Act, including requiring\n parties to submit new final offers within a time frame specified by the arbitrator, or adopting a result\n not submitted by any party that is consistent with the requirements of section 252(c) of the Act, and\n the rules prescribed by the Commission pursuant to that section.\n\n (g) Participation in the arbitration proceeding will be limited to the requesting telecommunications carrier and\n the incumbent LEC, except that the Commission will consider requests by third parties to file written\n pleadings.\n\n (h) Absent mutual consent of the parties to change any terms and conditions adopted by the arbitrator, the\n decision of the arbitrator shall be binding on the parties.\n\n47 CFR 51.807(h) (enhanced display) page 62 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.809\nInterconnection\n\n\n[61 FR 45619, Aug. 29, 1996, as amended at 66 FR 8520, Feb. 1, 2001]\n\n\n§ 51.809 Availability of agreements to other telecommunications carriers under section 252(i)\nof the Act.\n (a) An incumbent LEC shall make available without unreasonable delay to any requesting\n telecommunications carrier any agreement in its entirety to which the incumbent LEC is a party that is\n approved by a state commission pursuant to section 252 of the Act, upon the same rates, terms, and\n conditions as those provided in the agreement. An incumbent LEC may not limit the availability of any\n agreement only to those requesting carriers serving a comparable class of subscribers or providing the\n same service (i.e., local, access, or interexchange) as the original party to the agreement.\n\n (b) The obligations of paragraph (a) of this section shall not apply where the incumbent LEC proves to the\n state commission that:\n\n (1) The costs of providing a particular agreement to the requesting telecommunications carrier are\n greater than the costs of providing it to the telecommunications carrier that originally negotiated the\n agreement, or\n\n (2) The provision of a particular agreement to the requesting carrier is not technically feasible.\n\n (c) Individual agreements shall remain available for use by telecommunications carriers pursuant to this\n section for a reasonable period of time after the approved agreement is available for public inspection\n under section 252(h) of the Act.\n\n[69 FR 43771, July 22, 2004]\n\n\nSubpart J—Transitional Access Service Pricing\n\nSource: 76 FR 73856, Nov. 29, 2011, unless otherwise noted.\n\n\n\n§ 51.901 Purpose and scope of transitional access service pricing rules.\n (a) The purpose of this section is to establish rules governing the transition of intercarrier compensation from\n a calling-party's-network pays system to a default bill-and-keep methodology. Following the transition, the\n exchange of traffic between and among service providers will, by default, be governed by bill-and-keep\n arrangements.\n\n (b) Effective December 29, 2011, the provisions of this subpart apply to reciprocal compensation for\n telecommunications traffic exchanged between telecommunications providers that is interstate or\n intrastate exchange access, information access, or exchange services for such access, other than special\n access.\n\n\n Note to § 51.901: See FCC 11–161, figure 9 (chart identifying steps in the transition).\n\n§ 51.903 Definitions.\nFor the purposes of this subpart:\n\n\n\n47 CFR 51.903 (enhanced display) page 63 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.903(a)\nInterconnection\n\n\n (a) Competitive Local Exchange Carrier. A Competitive Local Exchange Carrier is any local exchange carrier, as\n defined in § 51.5, that is not an incumbent local exchange carrier .\n\n (b) Composite Terminating End Office Access Rate means terminating End Office Access Service revenue,\n calculated using demand for a given time period, divided by end office switching minutes for the same\n time period.\n\n (c) Dedicated Transport Access Service means originating and terminating transport on circuits dedicated to\n the use of a single carrier or other customer provided by an incumbent local exchange carrier or any\n functional equivalent of the incumbent local exchange carrier access service provided by a non-\n incumbent local exchange carrier. Dedicated Transport Access Service rate elements for an incumbent\n local exchange carrier include the entrance facility rate elements specified in § 69.110 of this chapter, the\n dedicated transport rate elements specified in § 69.111 of this chapter, the direct-trunked transport rate\n elements specified in § 69.112 of this chapter, and the intrastate rate elements for functionally equivalent\n access services. Dedicated Transport Access Service rate elements for a non-incumbent local exchange\n carrier include any functionally equivalent access services.\n\n (d) End Office Access Service means:\n\n (1) The switching of access traffic at the carrier's end office switch and the delivery to or from of such\n traffic to the called party's premises;\n\n (2) The routing of interexchange telecommunications traffic to or from the called party's premises, either\n directly or via contractual or other arrangements with an affiliated or unaffiliated entity, regardless of\n the specific functions provided or facilities used; or\n\n (3) Any functional equivalent of the incumbent local exchange carrier access service provided by a non-\n incumbent local exchange carrier. End Office Access Service rate elements for an incumbent local\n exchange carrier include the local switching rate elements specified in § 69.106 of this chapter, the\n carrier common line rate elements specified in § 69.154 of this chapter, and the intrastate rate\n elements for functionally equivalent access services. End Office Access Service rate elements for an\n incumbent local exchange carrier also include any rate elements assessed on local switching access\n minutes, including the information surcharge and residual rate elements. End office Access Service\n rate elements for a non-incumbent local exchange carrier include any functionally equivalent access\n service.\n\n\n Note to paragraph (d): For incumbent local exchange carriers, residual rate elements may\n include, for example, state Transport Interconnection Charges, Residual Interconnection\n Charges, and PICCs. For non-incumbent local exchange carriers, residual rate elements may\n include any functionally equivalent access service.\n\n (e) Fiscal Year 2011 means October 1, 2010 through September 30, 2011.\n\n (f) Price Cap Carrier has the same meaning as that term is defined in § 61.3(aa) of this chapter.\n\n (g) Rate-of-Return Carrier is any incumbent local exchange carrier not subject to price cap regulation as that\n term is defined in § 61.3(bb) of this chapter, but only with respect to the territory in which it operates as\n an incumbent local exchange carrier.\n\n\n\n\n47 CFR 51.903(g) (enhanced display) page 64 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.903(h)\nInterconnection\n\n\n (h) Access Reciprocal Compensation means telecommunications traffic exchanged between\n telecommunications service providers that is interstate or intrastate exchange access, information\n access, or exchange services for such access, other than special access.\n\n (i) Tandem-Switched Transport Access Service means:\n\n (1) Tandem switching and common transport between the tandem switch and end office; or\n\n (2) Any functional equivalent of the incumbent local exchange carrier access service provided by a non-\n incumbent local exchange carrier via other facilities. Tandem-Switched Transport rate elements for\n an incumbent local exchange carrier include the rate elements specified in § 69.111 of this chapter,\n except for the dedicated transport rate elements specified in that section, and intrastate rate\n elements for functionally equivalent service. Tandem Switched Transport Access Service rate\n elements for a non-incumbent local exchange carrier include any functionally equivalent access\n service.\n\n (j) Transitional Intrastate Access Service means terminating End Office Access Service that was subject to\n intrastate access rates as of December 31, 2011; terminating Tandem-Switched Transport Access Service\n that was subject to intrastate access rates as of December 31, 2011; and originating and terminating\n Dedicated Transport Access Service that was subject to intrastate access rates as of December 31, 2011.\n\n (k) Access Stimulation has the same meaning as that term is defined in § 61.3(bbb) of this chapter.\n\n (l) Intermediate Access Provider has the same meaning as that term is defined in § 61.3(ccc) of this chapter.\n\n (m) Interexchange Carrier has the same meaning as that term is defined in § 61.3(ddd) of this chapter.\n\n (n) Toll Free Database Query Charge is a per query charge that is expressed in dollars and cents to access the\n Toll Free Service Management System Database, as defined in § 52.101(d) of this subchapter.\n\n (o) Toll Free Call means a call to a Toll Free Number, as defined in § 52.101(f) of this subchapter.\n\n (p) Joint Tandem Switched Transport Access Service is the rate element assessible for the transmission of\n toll free originating access service. The rate element includes both the transport between the end office\n and the tandem switch and the tandem switching. It does not include transport of traffic over dedicated\n transport facilities between the serving wire center and the tandem switching office.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 83 FR 67121, Dec. 28, 2018; 84 FR 57650, Oct. 28, 2019; 85 FR 75916, Nov. 27, 2020]\n\n\n§ 51.905 Implementation.\n (a) The rates set forth in this section are default rates. Notwithstanding any other provision of the\n Commission's rules, telecommunications carriers may agree to rates different from the default rates.\n\n (b) LECs who are otherwise required to file tariffs are required to tariff rates no higher than the default\n transitional rates specified by this subpart.\n\n (1) With respect to interstate switched access services governed by this subpart, LECs shall tariff rates\n for those services in their federal tariffs. Except as expressly superseded below, LECs shall follow\n the procedures specified in part 61 of this chapter when filing such tariffs.\n\n\n\n\n47 CFR 51.905(b)(1) (enhanced display) page 65 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.905(b)(2)\nInterconnection\n\n\n (2) With respect to Transitional Intrastate Access Services, originating access charges for Toll Free\n Calls, and Toll Free Database Query Charges governed by this subpart, LECs shall follow the\n procedures specified by relevant state law when filing intrastate tariffs, price lists or other\n instruments (referred to collectively as “tariffs”).\n\n (c) Nothing in this section shall be construed to require a carrier to file or maintain a tariff or to amend an\n existing tariff if it is not otherwise required to do so under applicable law.\n\n (d) Beginning July 1, 2021, and notwithstanding any other provision of the Commission's rules in this chapter,\n only the originating carrier in the path of the Toll Free Call may assess a Toll Free Database Query Charge\n for a Toll Free Call. When the originating carrier is unable to transmit the results of the Toll Free Database\n Query to the next carrier or provider in the call path, that next carrier or provider may instead assess a Toll\n Free Database Query Charge.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 85 FR 75916, Nov. 27, 2020]\n\n\n§ 51.907 Transition of price cap carrier access charges.\n (a) Notwithstanding any other provision of the Commission's rules, on December 29, 2011, a Price Cap Carrier\n shall cap the rates for all interstate and intrastate rate elements for services contained in the definitions\n of Interstate End Office Access Services, Tandem Switched Transport Access Services, and Dedicated\n Transport Access Services. In addition, a Price Cap Carrier shall also cap the rates for any interstate and\n intrastate rate elements in the traffic sensitive basket” and the “trunking basket” as described in 47 CFR\n 61.42(d)(2) and (3) to the extent that such rate elements are not contained in the definitions of Interstate\n End Office Access Services, Tandem Switched Transport Access Services, and Dedicated Transport\n Access Services. Carriers will remove these services from price cap regulation in their July 1, 2012 annual\n tariff filing.\n\n (b) Step 1. Beginning July 1, 2012, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Price Cap Carrier shall file tariffs, in accordance with § 51.905(b)(2), with the appropriate state\n regulatory authority, that set forth the rates applicable to Transitional Intrastate Access Service in\n each state in which it provides Transitional Intrastate Access Service.\n\n (2) Each Price Cap Carrier shall establish the rates for Transitional Intrastate Access Service using the\n following methodology:\n\n (i) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate\n access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched\n access demand for each rate element.\n\n (ii) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate\n access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched\n access demand for each rate element.\n\n (iii) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal\n to one-half of the difference between the amount calculated in paragraph (b)(2)(i) of this\n section and the amount calculated in paragraph (b)(2)(ii) of this section.\n\n (iv) A Price Cap Carrier may elect to establish rates for Transitional Intrastate Access Service using\n its intrastate access rate structure. Carriers using this option shall establish rates for\n Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue\n\n47 CFR 51.907(b)(2)(iv) (enhanced display) page 66 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.907(b)(2)(v)\nInterconnection\n\n\n at the proposed rates is no greater than Transitional Intrastate Access Service revenue at the\n intrastate rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction,\n using Fiscal Year 2011 demand. Carriers electing to establish rates for Transitional Intrastate\n Access Service in this manner shall notify the appropriate state regulatory authority of their\n election in the filing required by § 51.907(b)(1).\n\n (v) A Price Cap Carrier may elect to apply its interstate access rate structure and interstate rates to\n Transitional Intrastate Access Service. In addition to applicable interstate access rates, the\n carrier may, between July 1, 2012 and July 1, 2013, assess a transitional per-minute charge on\n Transitional Intrastate Access Service end office switching minutes (previously billed as\n intrastate access). The transitional per-minute charge shall be no greater than the Step 1\n Access Revenue Reduction divided by Fiscal Year 2011 Transitional Intrastate Access Service\n end office switching minutes. Carriers electing to establish rates for Transitional Intrastate\n Access Service in this manner shall notify the appropriate state regulatory authority of their\n election in the filing required by paragraph (b)(1) of this section.\n\n (vi) Except as provided in paragraph (b)(3) of this section, nothing in this section obligates or allows\n a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate\n rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates.\n\n (3) If a Price Cap Carrier must make an intrastate switched access rate reduction pursuant to paragraph\n (b)(2) of this section, and that Price Cap Carrier has an intrastate rate for a rate element that is below\n the comparable interstate rate for that element, the Price Cap Carrier shall:\n\n (i) Increase the rate for any intrastate rate element that is below the comparable interstate rate for\n that element to the interstate rate no later than July 1, 2013;\n\n (ii) Include any increases made pursuant to paragraph (b)(3)(i) of this section in the calculation of\n its eligible recovery for 2012.\n\n (c) Step 2. Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules:\n\n (1) Transitional Intrastate Access Service rates shall be no higher than the Price Cap Carrier's interstate\n access rates. Once the Price Cap Carrier's Transitional Intrastate Access Service rates are equal to\n its functionally equivalent interstate access rates, they shall be subject to the same rate structure\n and all subsequent rate and rate structure modifications. Except as provided in paragraph (c)(4) of\n this section, nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates\n lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate\n tariff revisions to increase such rates.\n\n (2) In cases where a Price Cap Carrier does not have intrastate rates that permit it to determine\n composite intrastate End Office Access Service rates, the carrier shall establish End Office Access\n Service rates such that the ratio between its composite intrastate End Office Access Service\n revenues and its total intrastate switched access revenues may not exceed the ratio between its\n composite interstate End Office Access Service revenues and its total interstate switched access\n revenues.\n\n (3) [Reserved]\n\n (4) If a Price Cap Carrier made an intrastate switched access rate reduction in 2012 pursuant to\n paragraph (b)(2) of this section, and that Price Cap Carrier has an intrastate rate for a rate element\n that is below the comparable interstate rate for that element, the Price Cap Carrier shall:\n\n47 CFR 51.907(c)(4) (enhanced display) page 67 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.907(c)(4)(i)\nInterconnection\n\n\n (i) Increase the rate for any intrastate rate element that is below the comparable interstate rate for\n that element to the interstate rate on July 1, 2013; and\n\n (ii) Include any increases made pursuant to paragraph (b)(4)(i) of this section in the calculation of\n its eligible recovery for 2013.\n\n (d) Step 3. Beginning July 1, 2014, notwithstanding any other provision of the Commission's rules:\n\n (1) A Price Cap Carrier shall establish separate originating and terminating rate elements for all per-\n minute components within interstate and intrastate End Office Access Service. For fixed charges, the\n Price Cap Carrier shall divide the rate between originating and terminating rate elements based on\n relative originating and terminating end office switching minutes. If sufficient originating and\n terminating end office switching minute data is not available, the carrier shall divide such charges\n equally between originating and terminating elements.\n\n (2) Each Price Cap Carrier shall establish rates for interstate or intrastate terminating End Office Access\n Service using the following methodology:\n\n (i) Each Price Cap Carrier shall calculate the 2011 Baseline Composite Terminating End Office\n Access Rate. The 2011 Baseline Composite Terminating End Office Access Rate means the\n Composite Terminating End Office Access Rate calculated using Fiscal Year 2011 interstate\n demand multiplied by the interstate End Office Access Service rates at the levels in effect on\n December 29, 2011, and then dividing the result by 2011 Fiscal Year interstate local switching\n demand.\n\n (ii) Each Price Cap Carrier shall calculate its 2014 Target Composite Terminating End Office Access\n Rate. The 2014 Target Composite Terminating End Office Access Rate means $0.0007 per\n minute plus two-thirds of any difference between the 2011 Baseline Composite Terminating\n End Office Access Rate and $0.0007 per minute.\n\n (iii) Beginning July 1, 2014, no Price Cap Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2014 Target Composite Terminating End Office Access Rate. A\n price cap carrier shall determine compliance by calculating interstate Composite Terminating\n End Office Access Rates using the relevant Fiscal Year 2011 interstate demand multiplied by\n the respective interstate rates as of July 1, 2014, and then dividing the result by the relevant\n 2011 Fiscal Year interstate terminating local switching demand. A price cap carrier's intrastate\n terminating end office access rates may not exceed the comparable interstate terminating end\n office access rates. In the alternative, any Price Cap Carrier may elect to implement a single per\n minute rate element for both interstate and intrastate terminating End Office Access Service no\n greater than the 2014 Target Composite Terminating End Office Access Rate if its intrastate\n terminating end office access rates would be at rate parity with its interstate terminating end\n office access rates.\n\n (e) Step 4. Beginning July 1, 2015, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Price Cap Carrier shall establish interstate or intrastate rates for terminating End Office Access\n Service using the following methodology:\n\n (i) Each Price Cap Carrier shall calculate its 2015 Target Composite Terminating End Office Access\n Rate. The 2015 Target Composite Terminating End Office Access Rate means $0.0007 per\n minute plus one-third of any difference between the 2011 Composite Terminating End Office\n Access Rate and $0.0007 per minute.\n\n47 CFR 51.907(e)(1)(i) (enhanced display) page 68 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.907(e)(1)(ii)\nInterconnection\n\n\n (ii) Beginning July 1, 2015, no Price Cap Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2015 Target Composite Terminating End Office Access Rate. A\n price cap carrier shall determine compliance by calculating interstate Composite Terminating\n End Office Access Rates using the relevant Fiscal Year 2011 interstate demand multiplied by\n the respective interstate rates as of July 1, 2015, and then dividing the result by the relevant\n 2011 Fiscal Year interstate terminating local switching demand. A price cap carrier's intrastate\n terminating end office access rates may not exceed the comparable interstate terminating end\n office access rates. In the alternative, any Price Cap Carrier may elect to implement a single per\n minute rate element for both interstate and intrastate terminating End Office Access Service no\n greater than the 2015 Target Composite Terminating End Office Access Rate if its intrastate\n terminating end office access rates would be at rate parity with its interstate terminating end\n office access rates.\n\n (2) Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its\n functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions\n raising such rates.\n\n (f) Step 5. Beginning July 1, 2016, notwithstanding any other provision of the Commission's rules, each Price\n Cap Carrier shall establish interstate terminating End Office Access Service rates such that its Composite\n Terminating End Office Access Service rate does not exceed $0.0007 per minute. A price cap carrier shall\n determine compliance by calculating interstate Composite Terminating End Office Access Rates using the\n relevant Fiscal Year 2011 interstate demand multiplied by the respective interstate rates as of July 1,\n 2016, and then dividing the result by the relevant 2011 Fiscal Year interstate terminating local switching\n demand. A price cap carrier's intrastate terminating end office access rates may not exceed the\n comparable interstate terminating end office access rates. In the alternative, any Price Cap Carrier may\n elect to implement a single per-minute rate element for both interstate and intrastate Terminating End\n Office Access Service no greater than the 2016 Target Composite Terminating End Office Access Rate if\n its intrastate terminating end office access rates would be at rate parity with its interstate terminating end\n office access rates. Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates\n lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff\n revisions raising such rates.\n\n (g) Step 6. Beginning July 1, 2017, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Price Cap Carrier shall, in accordance with a bill-and-keep methodology, refile its interstate\n access tariffs and any state tariffs, in accordance with § 51.905(b)(2), removing any intercarrier\n charges for terminating End Office Access Service.\n\n (2) Each Price Cap Carrier shall establish, for interstate and intrastate terminating traffic traversing a\n tandem switch that the terminating carrier or its affiliates owns, Tandem-Switched Transport Access\n Service rates no greater than $0.0007 per minute.\n\n (3) Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its\n functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions\n raising such rates.\n\n (h) Step 7. Beginning July 1, 2018, notwithstanding any other provision of the Commission's rules, each Price\n Cap carrier shall, in accordance with bill-and-keep, as defined in § 51.713, revise and refile its interstate\n switched access tariffs and any state tariffs to remove any intercarrier charges applicable to terminating\n tandem-switched access service traversing a tandem switch that the terminating carrier or its affiliate\n owns.\n\n47 CFR 51.907(h) (enhanced display) page 69 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.907(i)\nInterconnection\n\n\n (i) 8YY Transition—Step 1. Beginning July 1, 2021, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Price Cap Carrier shall:\n\n (1) Establish separate rate elements for interstate and intrastate toll free originating end office access\n service and non-toll free originating end office access service. Rate elements reflecting fixed charges\n associated with originating End Office Access Service shall be treated as non-toll free charges.\n\n (2) Reduce its intrastate toll free originating end office access service rates to its interstate toll free\n originating end office access service rates as follows:\n\n (i) Calculate total revenue from End Office Access Service, excluding non-usage-based rate\n elements, at the carrier's interstate access rates in effect on June 30, 2020, using intrastate\n switched access demand for each rate element for the 12 months ending June 30, 2020.\n\n (ii) Calculate total revenue from End Office Access Service, excluding non-usage based rate\n elements, at the carrier's intrastate access rates in effect on June 30, 2020, using intrastate\n switched access demand for each rate element for the 12 months ending June 30, 2020.\n\n (iii) If the value in paragraph (i)(2)(ii) of this section is less than or equal to the value in paragraph\n (i)(2)(i) of this section, the Price Cap Carrier's intrastate End Office Access Service rates shall\n remain unchanged.\n\n (iv) If the value in paragraph (i)(2)(ii) of this section is greater than the value in paragraph (i)(2)(i) of\n this section, the Price Cap Carrier shall reduce intrastate rates for End Office Access Service so\n that they are equal to the Price Cap Carrier's functionally equivalent interstate rates for End\n Office Access Rates and shall be subject to the interstate rate structure and all subsequent rate\n and rate structure modifications.\n\n (v) Except as provided in paragraph (i)(2) of this section, nothing in this section allows a Price Cap\n Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make\n any intrastate tariff filing or intrastate tariff revisions to increase such rates. If a Price Cap\n Carrier has an intrastate rate for an End Office Access Service rate element that is below the\n comparable interstate rate for that element, the Price Cap Carrier may, if necessary as part of a\n restructuring to reduce its intrastate rates for End Office Access Service down to parity with\n functionally equivalent interstate rates, increase the rate for an intrastate rate element that is\n below the comparable interstate rate for that element to the interstate rate in effect on July 1,\n 2021.\n\n (3) Establish separate rate elements for interstate and intrastate non-toll free originating transport\n services for service between an end office switch and the tandem switch and remove its rate for\n intrastate and interstate originating toll free transport services consistent with a bill-and-keep\n methodology (as defined in § 51.713).\n\n (4) Establish separate rate elements respectively for interstate and intrastate non-toll free originating\n tandem switching services.\n\n (5) Establish transitional interstate and intrastate Joint Tandem Switched Transport Access Service rate\n elements for Toll Free Calls that are respectively no more than $0.001 per minute.\n\n (6) Reduce its interstate and intrastate rates for Toll Free Database Query Charges to no more than\n $0.004248 per query. Nothing in this section obligates or allows a Price Cap Carrier that has Toll\n Free Database Query Charges lower than this rate to make any intrastate or interstate tariff filing\n revision to increase such rates.\n\n47 CFR 51.907(i)(6) (enhanced display) page 70 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.907(j)\nInterconnection\n\n\n (j) 8YY Transition—Step 2. Beginning July 1, 2022, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Price Cap Carrier shall:\n\n (1) Reduce its interstate and intrastate rates for all originating End Office Access Service rate elements\n for Toll Free Calls in each state in which it provides such service by one-half of the maximum rate\n allowed by paragraph (a) of this section; and\n\n (2) Reduce its rates for intrastate and interstate Toll Free Database Query Charges by one-half of the\n difference between the rate permitted by paragraph (i)(6) of this section and the transitional rate of\n $0.0002 per query set forth in paragraph (k)(2) of this section.\n\n (k) 8YY Transition—Step 3. Beginning July 1, 2023, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Price Cap Carrier shall:\n\n (1) In accordance with a bill-and-keep methodology, refile its interstate switched access tariff and any\n state tariff to remove any intercarrier charges for intrastate and interstate originating End Office\n Access Service for Toll Free Calls; and\n\n (2) Reduce its rates for all intrastate and interstate Toll Free Database Query Charges to a transitional\n rate of no more than $0.0002 per query.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012; 79 FR 28844, May 20, 2014; 85 FR 75916, Nov. 27, 2020]\n\n\n§ 51.909 Transition of rate-of-return carrier access charges.\n (a) Notwithstanding any other provision of the Commission's rules, on December 29, 2011, a Rate-of-Return\n Carrier shall:\n\n (1) Cap the rates for all rate elements for services contained in the definitions of End Office Access\n Service, Tandem Switched Transport Access Service, and Dedicated Transport Access Service, as\n well as all other interstate switched access rate elements, in its interstate switched access tariffs at\n the rate that was in effect on the December 29, 2011; and\n\n (2) Cap, in accordance with § 51.505(b)(2), the rates for rate all elements in its intrastate switched\n access tariffs associated with the provision of terminating End Office Access Service and\n terminating Tandem-Switched Transport Access Service at the rates that were in effect on the\n December 29, 2011,\n\n (i) Using the terminating rates if specifically identified; or\n\n (ii) Using the rate for the applicable rate element if the tariff does not distinguish between\n originating and terminating.\n\n (3) Except as provided in paragraphs (a)(6) and (b)(4) of this section, nothing in this section obligates or\n allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent\n interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates.\n\n (4) Notwithstanding the requirements of paragraph (a)(1) of this section, if a Rate-of-Return Carrier\n enters or exits the National Exchange Carrier Association (Association), as defined in § 69.2(d) of\n this chapter, traffic-sensitive tariff pursuant to the provisions of § 69.3(e)(6) of this chapter, the\n Association shall adjust its switched access rate caps referenced in paragraph (a)(1) of this section.\n\n (i) For each entering Rate-of-Return Carrier, the Association shall:\n\n\n47 CFR 51.909(a)(4)(i) (enhanced display) page 71 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(a)(4)(i)(A)\nInterconnection\n\n\n (A) Determine each entering Rate-of-Return Carrier's interstate switched access revenues for\n the preceding calendar year;\n\n (B) Determine the revenues that would have been realized by the entering Rate-of-Return\n Carrier in the preceding calendar year if it had used the Association's switched access\n rates (employing the rates for the appropriate bands) as of December 31 of the preceding\n year and the entering Rate-of-Return Carrier's switched access demand used to determine\n switched access revenues under paragraph (a)(4)(i)(A) of this section; and\n\n (C) Subtract the sum of the revenues determined pursuant to paragraph (a)(4)(i)(B) of this\n section from the sum of the revenues determined pursuant to paragraph (a)(4)(i)(A) of this\n section.\n\n (ii) The Association shall determine the amount by which each exiting Rate-of-Return Carrier is a\n net contributor or net recipient to or from the switched access segment of the Association pool\n as follows:\n\n (A) The Association shall calculate the difference between each exiting Rate-of-Return\n Carrier's 2011–2012 tariff year projected interstate switched access revenues excluding\n Local Switching Support and the Rate-of-Return Carrier's projected switched access pool\n settlements excluding Local Switching Support for the same period with a net contribution\n amount being treated as a positive amount and a net recipient amount being treated as a\n negative amount. The Association shall divide the calculated difference by the Rate-of-\n Return Carrier's 2011–2012 tariff year projected interstate switched access revenues\n excluding Local Switching Support to produce a percent net contribution or net receipt\n factor.\n\n (B) The Association shall multiply the factor calculated in paragraph (a)(4)(ii)(A) of this\n section by the Rate-of-Return Carrier's switched access revenues for the preceding\n calendar year to yield the amount of the Rate-of-Return Carrier's net contribution or net\n receipts for the calendar year.\n\n (iii) To determine the Association's adjusted switched access rate caps, the Association shall:\n\n (A) Add the amounts calculated under paragraphs (a)(4)(i) and (a)(4)(ii) of this section;\n\n (B) Divide the amount determined in paragraph (a)(4)(iii)(A) of this section by the preceding\n year's switched access revenues of the Rate-of-Return Carriers that will participate in the\n Association traffic-sensitive tariff for the next annual tariff period;\n\n (C) The Association shall proportionately adjust its June 30 switched access rate caps by the\n percentage amount determined in paragraph (a)(4)(iii)(B) of this section.\n\n (iv) The interstate switched access rate caps determined pursuant to paragraph (a)(4)(iii)(C) of this\n section shall be the new capped interstate switched access rates for purposes of § 51.909(a).\n The Association shall provide support in its annual access tariff filing to justify the revised\n interstate switched access rate caps, the Access Recovery Charges that will be assessed, and\n the amount of Connect America Fund ICC support each carrier will be eligible to receive.\n\n (5) A Rate-of-Return Carrier exiting the Association traffic-sensitive tariff pursuant to § 69.3(e)(6) of this\n chapter must establish new switched access rate caps as follows:\n\n\n\n47 CFR 51.909(a)(5) (enhanced display) page 72 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(a)(5)(i)\nInterconnection\n\n\n (i) The Rate-of-Return Carrier shall multiply the factor determined in paragraph (a)(4)(ii)(A) of this\n section by negative one and then proportionately adjust the Association's capped switched\n access rates as of the date preceding the effective date of the exiting Rate-of-Return Carrier's\n next annual tariff filing by this percentage. A Rate-of-Return Carrier that was a net contributor to\n the pool will have rate caps that are lower than the Association's switched access rate caps,\n while a net recipient will have switched access rate caps that are higher than the Association's\n switched access rate caps;\n\n (ii) The interstate switched access rate caps determined pursuant to paragraph (a)(5)(i) of this\n section shall be the new capped interstate switched access rates of the exiting Rate-of-Return\n Carrier for purposes of § 51.909(a). An exiting Rate-of-Return Carrier shall provide support in its\n annual access tariff filing to justify the revised interstate switched access rate caps, the Access\n Recovery Charges that will be assessed, and the amount of Connect America Fund ICC support\n the carrier will be eligible to receive.\n\n (6) If the Association revises its interstate switched access rate caps pursuant to paragraph (a)(4) of\n this section, each Rate-of-Return Carrier participating in the upcoming annual Association traffic-\n sensitive tariff shall:\n\n (i) Revise any of its intrastate switched access rates that would have reached parity with its\n interstate switched access rates in 2013 to parity with the revised interstate switched access\n rate levels;\n\n (ii) The Association shall provide Rate-of-Return Carriers that are participating in the Association\n traffic-sensitive pool with notice of any revisions the Association proposes under paragraph\n (a)(4) of this section no later than May 1.\n\n (b) Step 1. Beginning July 1, 2012, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Rate-of-Return Carrier shall file intrastate access tariff provisions, in accordance with §\n 51.505(b)(2), that set forth the rates applicable to Transitional Intrastate Access Service in each\n state in which it provides Transitional Intrastate Access Service.\n\n (2) Each Rate-of-Return Carrier shall establish the rates for Transitional Intrastate Access Service using\n the following methodology:\n\n (i) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate\n access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched\n access demand for each rate element.\n\n (ii) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate\n access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched\n access demand for each rate element.\n\n (iii) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal\n to one-half of the difference between the amount calculated in (b)(2)(i) of this section and the\n amount calculated in (b)(2)(ii) of this section.\n\n (iv) A Rate-of-Return Carrier may elect to establish rates for Transitional Intrastate Access Service\n using its intrastate access rate structure. Carriers using this option shall establish rates for\n Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue\n at the proposed rates is no greater than Transitional Intrastate Access Service revenue at the\n intrastate rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction,\n\n47 CFR 51.909(b)(2)(iv) (enhanced display) page 73 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(b)(2)(v)\nInterconnection\n\n\n using Fiscal Year 2011 intrastate switched access demand. Carriers electing to establish rates\n for Transitional Intrastate Access Service in this manner shall notify the appropriate state\n regulatory authority of their election in the filing required by § 51.907(b)(1).\n\n (v) A Rate-of-Return Carrier may elect to apply its interstate access rate structure and interstate\n rates to Transitional Intrastate Access Service. In addition to applicable interstate access rates,\n the carrier may, between July 1, 2012 and July 1, 2013, assess a transitional per-minute charge\n on Transitional Intrastate Access Service end office switching minutes (previously billed as\n intrastate access). The transitional per-minute charge shall be no greater than the Step 1\n Access Revenue Reduction divided by Fiscal Year 2011 Transitional Intrastate Access Service\n end office switching minutes. Carriers electing to establish rates for Transitional Intrastate\n Access Service in this manner shall notify the appropriate state regulatory authority of their\n election in the filing required by § 51.907(b)(1).\n\n (3) Except as provided in paragraph (b)(4) of this section, nothing in this section obligates or allows a\n Rate-of-Return carrier that has intrastate rates lower than its functionally equivalent interstate rates\n to make any intrastate tariff filing or intrastate tariff revisions raising such rates.\n\n (4) If a Rate-of-Return Carrier must make an intrastate switched access rate reduction pursuant to\n paragraph (b)(2) of this section, and that Rate-of-Return Carrier has an intrastate rate for a rate\n element that is below the comparable interstate rate for that element, the Rate-of-Return Carrier\n shall:\n\n (i) Increase the rate for any intrastate rate element that is below the comparable interstate rate for\n that element to the interstate rate no later than July 1, 2013;\n\n (ii) Include any increases made pursuant to paragraph (b)(4)(i) of this section in the calculation of\n its eligible recovery for 2012.\n\n (c) Step 2. Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules:\n\n (1) Transitional Intrastate Access Service rates shall be no higher than the Rate-of-Return Carrier's\n interstate Terminating End Office Access Service, Terminating Tandem-Switched Transport Access\n Service, and Originating and Terminating Dedicated Transport Access Service rates and subject to\n the same rate structure and all subsequent rate and rate structure modifications. Except as provided\n in paragraph (c)(2) of this section, nothing in this section obligates or allows a Rate-of-Return Carrier\n that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate\n tariff filing or intrastate tariff revisions to increase such rates.\n\n (2) If a Rate-of-Return Carrier made an intrastate switched access rate reduction in 2012 pursuant to\n paragraph (b)(2) of this section, and that Rate-of-Return Carrier has an intrastate rate for a rate\n element that is below the comparable interstate rate for that element, the Rate-of-Return Carrier\n shall:\n\n (i) Increase any intrastate rate element that is below the comparable interstate rate to the\n interstate rate by July 1, 2013; and\n\n (ii) Include any increases made pursuant to paragraph (c)(2)(i) of this section in the calculation of\n its eligible recovery for 2013.\n\n (d) Step 3. Beginning July 1, 2014, notwithstanding any other provision of the Commission's rules:\n\n\n\n47 CFR 51.909(d) (enhanced display) page 74 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(d)(1)\nInterconnection\n\n\n (1) Notwithstanding the rate structure rules set forth in § 69.106 of this chapter or anything else in the\n Commission's rules, a Rate-of-Return Carrier shall establish separate originating and terminating\n interstate and intrastate rate elements for all components within interstate End Office Access\n Service. For fixed charges, the Rate-of-Return Carrier shall divide the amount based on relative\n originating and terminating end office switching minutes. If sufficient originating and terminating end\n office switching minute data is not available, the carrier shall divide such charges equally between\n originating and terminating elements.\n\n (2) Nothing in this Step shall affect Tandem-Switched Transport Access Service or Dedicated Transport\n Access Service.\n\n (3) Each Rate-of-Return Carrier shall establish rates for interstate and intrastate terminating End Office\n Access Service using the following methodology:\n\n (i) Each Rate-of-Return Carrier shall calculate the 2011 Baseline Composite Terminating End Office\n Access Rate. The 2011 Baseline Composite Terminating End Office Access Rate means the\n Composite Terminating End Office Access Rate calculated using Fiscal Year 2011 interstate\n demand and the interstate End Office Access Service rates at the levels in effect on December\n 29, 2011.\n\n (ii) Each Rate-of-Return Carrier shall calculate its 2014 Target Composite Terminating End Office\n Access Rate. The 2014 Target Composite Terminating End Office Access Rate means $0.005\n per minute plus two-thirds of any difference between the 2011 Baseline Composite Terminating\n End Office Access Rate and $0.005 per minute.\n\n (iii) Beginning July 1, 2014, no Rate-of-Return Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2014 Target Composite Terminating End Office Access Rate. A\n rate-of-return carrier shall determine compliance by calculating interstate Composite\n Terminating End Office Access Rates using the relevant projected interstate demand for the\n tariff period multiplied by the respective interstate rates as of July 1, 2014, and then dividing by\n the projected interstate terminating end office local switching demand for the tariff period. A\n rate-of-return carrier's intrastate terminating end office access rates may not exceed the\n comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return\n Carrier may elect to implement a single per minute rate element for both interstate and\n intrastate terminating End Office Access Service no greater than the 2014 Target Composite\n Terminating End Office Access Rate if its intrastate terminating end office access rates would\n be at rate parity with its interstate terminating end office access rates.\n\n (4) Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower\n than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff\n revisions raising such rates.\n\n (e) Step 4. Beginning July 1, 2015, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Rate-of-Return Carrier shall establish rates for interstate and intrastate terminating End Office\n Access Service using the following methodology:\n\n (i) Each Rate-of-Return Carrier shall calculate its 2015 Target Composite Terminating End Office\n Access Rate. The 2015 Target Composite Terminating End Office Access Rate means $0.005\n per minute plus one-third of any difference between the 2011 Baseline Composite Terminating\n End Office Access Rate and $0.005 per minute.\n\n\n47 CFR 51.909(e)(1)(i) (enhanced display) page 75 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(e)(1)(ii)\nInterconnection\n\n\n (ii) Beginning July 1, 2015, no Rate-of-Return Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2015 Target Composite Terminating End Office Access Rate. A\n rate-of-return carrier shall determine compliance by calculating interstate Composite\n Terminating End Office Access Rates using the relevant projected interstate demand for the\n tariff period multiplied by the respective interstate rates as of July 1, 2015, and then dividing by\n the projected interstate terminating end office local switching demand for the tariff period. A\n rate-of-return carrier's intrastate terminating end office access rates may not exceed the\n comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return\n Carrier may elect to implement a single per minute rate element for both interstate and\n intrastate terminating End Office Access Service no greater than the 2015 Target Composite\n Terminating End Office Access Rate if its intrastate terminating end office access rates would\n be at rate parity with its interstate terminating end office access rates. Nothing in this section\n obligates or allows a Rate-of–Return Carrier that has intrastate rates lower than its functionally\n equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising\n such rates.\n\n (2) [Reserved]\n\n (f) Step 5. Beginning July 1, 2016, notwithstanding any other provision of the Commission's rules, each Rate-\n of-Return Carrier shall establish interstate terminating End Office Access Service rates such that its\n interstate Composite Terminating End Office Access Service rate does not exceed $0.005 per minute. A\n rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End\n Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the\n respective interstate rates as of July 1, 2016, and then dividing by the projected interstate terminating end\n office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end\n office access rates may not exceed the comparable interstate terminating end office access rates. In the\n alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both\n interstate and intrastate terminating End Office Access Service no greater than the 2016 Target\n Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would\n be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or\n allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate\n rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates.\n\n (g) Step 6. Beginning July 1, 2017, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Rate-of-Return Carrier shall establish interstate and intrastate rates for terminating End Office\n Access Service using the following methodology:\n\n (i) Each Rate-of-Return Carrier shall calculate its 2017 Target Composite Terminating End Office\n Access Rate. The 2017 Target Composite Terminating End Office Access Rate means $0.0007\n per minute plus two-thirds of any difference between that carrier's 2016 Target Composite\n Terminating End Office Access Rate and $0.0007 per minute.\n\n (ii) Beginning July 1, 2017, no Rate-of–Return Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2017 Target Composite Terminating End Office Access Rate. A\n rate-of-return carrier shall determine compliance by calculating interstate Composite\n Terminating End Office Access Rates using the relevant projected interstate demand for the\n tariff period multiplied by the respective interstate rates as of July 1, 2017, and then dividing by\n the projected interstate terminating end office local switching demand for the tariff period. A\n rate-of-return carrier's intrastate terminating end office access rates may not exceed the\n comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return\n47 CFR 51.909(g)(1)(ii) (enhanced display) page 76 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(g)(2)\nInterconnection\n\n\n Carrier may elect to implement a single per minute rate element for both interstate and\n intrastate terminating End Office Access Service no greater than the 2017 Target Composite\n Terminating End Office Access Rate if its intrastate terminating end office access rates would\n be at rate parity with its interstate terminating end office access rates. Nothing in this section\n obligates or allows a Rate-of–Return Carrier that has intrastate rates lower than its functionally\n equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising\n such rates.\n\n (2) [Reserved]\n\n (h) Step 7. Beginning July 1, 2018, notwithstanding any other provision of the Commission's rules:\n\n (1) Each Rate-of-Return Carrier shall establish interstate and intrastate rates for terminating End Office\n Access Service using the following methodology:\n\n (i) Each Rate-of-Return Carrier shall calculate its 2018 Target Composite Terminating End Office\n Access Rate. The 2018 Target Composite Terminating End Office Access Rate means $0.0007\n per minute plus one-third of any difference between that carrier's 2016 Target Composite\n Terminating End Office Access Rate and $0.0007 per minute.\n\n (ii) Beginning July 1, 2018, no Rate-of-Return Carrier's interstate Composite Terminating End Office\n Access Rate shall exceed its 2018 Target Composite Terminating End Office Access Rate. A\n rate-of-return carrier shall determine compliance by calculating interstate Composite\n Terminating End Office Access Rates using the relevant projected interstate demand for the\n tariff period multiplied by the respective interstate rates as of July 1, 2018 and then dividing by\n the projected interstate terminating end office local switching demand for the tariff period. A\n rate-of-return carrier's intrastate terminating end office access rates may not exceed the\n comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return\n Carrier may elect to implement a single per minute rate element for both interstate and\n intrastate terminating End Office Access Service no greater than the 2018 interstate Target\n Composite Terminating End Office Access Rate if its intrastate terminating end office access\n rates would be at rate parity with its interstate terminating end office access rates. Nothing in\n this section obligates or allows a Rate-of–Return Carrier that has intrastate rates lower than its\n functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff\n revisions raising such rates.\n\n (2) [Reserved]\n\n (i) Step 8. Beginning July 1, 2019, notwithstanding any other provision of the Commission's rules, each Rate-\n of-Return Carrier shall establish interstate and intrastate rates for terminating End Office Access Service\n that do not exceed $0.0007 per minute.\n\n (j) Step 9. Beginning July 1, 2020, notwithstanding any other provision of the Commission's rules, each Rate-\n of-Return Carrier shall, in accordance with a bill-and-keep methodology, revise and refile its federal access\n tariffs and any state tariffs to remove any intercarrier charges for terminating End Office Access Service.\n\n (k) As set forth in FCC 11–161, states will facilitate implementation of changes to intrastate access rates to\n ensure compliance with the Order. Nothing in this section shall alter the authority of a state to monitor\n and oversee filing of intrastate tariffs.\n\n\n\n\n47 CFR 51.909(k) (enhanced display) page 77 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(l)\nInterconnection\n\n\n (l) 8YY Transition—Step 1. As of December 28, 2020, each rate-of-return carrier shall cap the rate for all\n intrastate originating access charge rate elements for Toll Free Calls, including for Toll Free Database\n Query Charges.\n\n (m) 8YY Transition—Step 2. Beginning July 1, 2021, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Rate-of-Return Carrier shall:\n\n (1) Establish separate rate elements for interstate and intrastate toll free originating end office access\n service and non-toll free originating end office access service. Rate elements reflecting fixed charges\n associated with originating End Office Access Service shall be treated as non-toll free charges.\n\n (2) Reduce its intrastate toll free originating end office access service rates to its interstate toll free\n originating end office access service rates as follows:\n\n (i) Calculate total revenue from End Office Access Service, excluding non-usage-based rate\n elements, at the carrier's interstate access rates in effect on June 30, 2020, using intrastate\n switched access demand for each rate element for the 12 months ending June 30, 2020.\n\n (ii) Calculate total revenue from End Office Access Service, excluding non-usage based rate\n elements, at the carrier's intrastate access rates in effect on June 30, 2020, using intrastate\n switched access demand for each rate element for the 12 months ending June 30, 2020.\n\n (iii) If the value in paragraph (m)(2)(ii) of this section is less than or equal to the value in paragraph\n (m)(2)(i) of this section, the Rate-of-Return Carrier's intrastate End Office Access Service rates\n shall remain unchanged.\n\n (iv) If the value in paragraph (m)(2)(ii) of this section is greater than the value in paragraph (m)(2)(i)\n of this section, the Rate-of-Return Carrier shall reduce intrastate rates for End Office Access\n Service so that they are equal to the Rate-of-Return Carrier's functionally equivalent interstate\n rates for End Office Access Rates and shall be subject to the interstate rate structure and all\n subsequent rate and rate structure modifications.\n\n (v) Except as provided in paragraph (m)(2) of this section, nothing in this section allows a Rate-of-\n Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to\n make any intrastate tariff filing or intrastate tariff revisions to increase such rates. If a Rate-of-\n Return Carrier has an intrastate rate for an End Office Access Service rate element that less\n than the comparable interstate rate for that element, the Rate-of-Return Carrier may, if\n necessary as part of a restructuring to reduce its intrastate rates for End Office Access Service\n down to parity with functionally equivalent interstate rates, increase the rate for an intrastate\n rate element that is below the comparable interstate rate for that element to the interstate rate\n on July 1, 2021.\n\n (3) Establish separate rate elements for interstate and intrastate non-toll free originating transport\n services for service between an end office switch and the tandem switch and remove its rate for\n intrastate and interstate originating toll free transport services consistent with a bill-and-keep\n methodology (as defined in § 51.713).\n\n (4) Establish separate rate elements respectively for interstate and intrastate non-toll free originating\n tandem switching services.\n\n (5) Establish transitional interstate and intrastate Joint Tandem Switched Transport Access rate\n elements for Toll Free Calls that are respectively no more than $0.001 per minute.\n\n\n47 CFR 51.909(m)(5) (enhanced display) page 78 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.909(m)(6)\nInterconnection\n\n\n (6) Reduce its interstate and intrastate rates for Toll Free Database Query Charges to no more than\n $0.004248 per query. Nothing in this section obligates or allows a Rate-of-Return carrier that has Toll\n Free Database Query Charges lower than this rate to make any intrastate or interstate tariff filing\n revision to increase such rates.\n\n (n) 8YY Transition—Step 3. Beginning July 1, 2022, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Rate-of-Return Carrier shall:\n\n (1) Reduce its interstate and intrastate rates for all originating End Office Access Service rate elements\n for Toll Free Calls in each state in which it provides such service by one-half of the maximum rate\n allowed by paragraph (a) of this section; and\n\n (2) Reduce its rates for intrastate and interstate Toll Free Database Query Charges by one-half of the\n difference between the rate permitted by paragraph (m)(6) of this section and the transitional rate of\n $0.0002 per query set forth in paragraph (o)(2) of this section.\n\n (o) 8YY Transition—Step 4. Beginning on July 1, 2023, and notwithstanding any other provision of the\n Commission's rules in this chapter, each Rate-of-Return Carrier shall:\n\n (1) In accordance with a bill-and-keep methodology, refile its interstate switched access tariff and any\n state tariff to remove any intercarrier charges for all intrastate and interstate originating End Office\n Access Service for Toll Free Calls; and\n\n (2) Reduce its rates for all intrastate and interstate Toll Free Database Query Charges to a transitional\n rate of no more than $0.0002 per query.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012; 78 FR 26267, May 6, 2013; 79 FR 28845, May 20, 2014;\n85 FR 75917, Nov. 27, 2020]\n\n\n§ 51.911 Access reciprocal compensation rates for competitive LECs.\n (a) Caps on Access Reciprocal Compensation and switched access rates. Notwithstanding any other provision\n of the Commission's rules:\n\n (1) In the case of Competitive LECs operating in an area served by a Price Cap Carrier, no such\n Competitive LEC may increase the rate for any originating or terminating intrastate switched access\n service above the rate for such service in effect on December 29, 2011.\n\n (2) In the case of Competitive LEC operating in an area served by an incumbent local exchange carrier\n that is a Rate-of-Return Carrier or Competitive LECs that are subject to the rural exemption in §\n 61.26(e) of this chapter, no such Competitive LEC may increase the rate for any originating or\n terminating intrastate switched access service above the rate for such service in effect on December\n 29, 2011, with the exception of intrastate originating access service. For such Competitive LECs,\n intrastate originating access service subject to this subpart shall remain subject to the same state\n rate regulation in effect December 31, 2011, as may be modified by the state thereafter.\n\n (b) Except as provided in paragraph (b)(7) of this section, beginning July 3, 2012, notwithstanding any other\n provision of the Commission's rules, each Competitive LEC that has tariffs on file with state regulatory\n authorities shall file intrastate access tariff provisions, in accordance with § 51.505(b)(2), that set forth\n the rates applicable to Transitional Intrastate Access Service in each state in which it provides\n Transitional Intrastate Access Service. Each Competitive Local Exchange Carrier shall establish the rates\n for Transitional Intrastate Access Service using the following methodology.\n\n47 CFR 51.911(b) (enhanced display) page 79 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.911(b)(1)\nInterconnection\n\n\n (1) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate access\n rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for\n each rate element.\n\n (2) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate access\n rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for\n each rate element.\n\n (3) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal to\n one-half of the difference between the amount calculated in (b)(1) of this section and the amount\n calculated in (b)(2) of this section.\n\n (4) A Competitive Local Exchange Carrier may elect to establish rates for Transitional Intrastate Access\n Service using its intrastate access rate structure. Carriers using this option shall establish rates for\n Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue at\n the proposed rates is no greater than Transitional Intrastate Access Service revenue at the intrastate\n rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction, using Fiscal year\n 2011 intrastate switched access demand.\n\n (5) In the alternative, a Competitive Local Exchange Carrier may elect to apply its interstate access rate\n structure and interstate rates to Transitional Intrastate Access Service. In addition to applicable\n interstate access rates, the carrier may assess a transitional per-minute charge on Transitional\n Intrastate Access Service end office switching minutes (previously billed as intrastate access). The\n transitional charge shall be no greater than the Step 1 Access Revenue Reduction divided by Fiscal\n year 2011 intrastate switched access demand\n\n (6) Except as provided in paragraph (b)(7) of this section, nothing in this section obligates or allows a\n Competitive LEC that has intrastate rates lower than its functionally equivalent interstate rates to\n make any intrastate tariff filing or intrastate tariff revisions raising such rates.\n\n (7) If a Competitive LEC must make an intrastate switched access rate reduction pursuant to paragraph\n (b) of this section, and that Competitive LEC has an intrastate rate for a rate element that is below\n the comparable interstate rate for that element, the Competitive LEC may increase the rate for any\n intrastate rate element that is below the comparable interstate rate for that element to the interstate\n rate no later than July 1, 2013;\n\n (c) Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules, all Competitive\n Local Exchange Carrier Access Reciprocal Compensation rates for switched exchange access services\n subject to this subpart shall be no higher than the Access Reciprocal Compensation rates charged by the\n competing incumbent local exchange carrier, in accordance with the same procedures specified in §\n 61.26 of this chapter.\n\n (d) Cap on Database Query Charge. A Competitive Local Exchange Carrier assessing a tariffed intrastate or\n interstate Toll Free Database Query Charge shall cap such charge at the rate in effect on December 28,\n 2020.\n\n (e) Transition of cap on Database Query Charge. Beginning July 1, 2021, notwithstanding any other provision\n of the Commission's rules in this chapter, a Competitive Local Exchange Carrier assessing a tariffed\n intrastate or interstate Toll Free Database Query Charge shall revise its tariffs as necessary to ensure that\n its intrastate and interstate Toll Free Database Query Charges do not exceed the rates charged by the\n competing incumbent local exchange carrier, as defined in § 61.26(a)(2) of this chapter.\n\n\n47 CFR 51.911(e) (enhanced display) page 80 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.913\nInterconnection\n\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012; 85 FR 75917, Nov. 27, 2020; 85 FR 75917, Nov. 27, 2020]\n\n\n§ 51.913 Transition for VoIP-PSTN traffic.\n (a)\n\n (1) Terminating Access Reciprocal Compensation subject to this subpart exchanged between a local\n exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM)\n format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant\n interstate terminating access charges specified by this subpart. Interstate originating Access\n Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and\n another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/\n or terminates in IP format shall be subject to a rate equal to the relevant interstate originating access\n charges specified by this subpart.\n\n (2) Until June 30, 2014, intrastate originating Access Reciprocal Compensation subject to this subpart\n exchanged between a local exchange carrier and another telecommunications carrier in Time\n Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to\n a rate equal to the relevant intrastate originating access charges specified by this subpart. Effective\n July 1, 2014, originating Access Reciprocal Compensation subject to this subpart exchanged\n between a local exchange carrier and another telecommunications carrier in Time Division\n Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate\n equal to the relevant interstate originating access charges specified by this subpart.\n\n (3) Telecommunications traffic originates and/or terminates in IP format if it originates from and/or\n terminates to an end-user customer of a service that requires Internet protocol-compatible customer\n premises equipment.\n\n (b) Notwithstanding any other provision of the Commission's rules, a local exchange carrier shall be entitled\n to assess and collect the full Access Reciprocal Compensation charges prescribed by this subpart that\n are set forth in a local exchange carrier's interstate or intrastate tariff for the access services defined in §\n 51.903 regardless of whether the local exchange carrier itself delivers such traffic to the called party's\n premises or delivers the call to the called party's premises via contractual or other arrangements with an\n affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25), or a non-\n interconnected VoIP service, as defined in 47 U.S.C. 153(36), that does not itself seek to collect Access\n Reciprocal Compensation charges prescribed by this subpart for that traffic. This rule does not permit a\n local exchange carrier to charge for functions not performed by the local exchange carrier itself or the\n affiliated or unaffiliated provider of interconnected VoIP service or non-interconnected VoIP service. For\n purposes of this provision, functions provided by a LEC as part of transmitting telecommunications\n between designated points using, in whole or in part, technology other than TDM transmission in a\n manner that is comparable to a service offered by a local exchange carrier constitutes the functional\n equivalent of the incumbent local exchange carrier access service.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 31536, May 29, 2012]\n\n\n§ 51.914 Additional provisions applicable to Access Stimulation traffic.\n (a) Notwithstanding any other provision of this part, if a local exchange carrier is engaged in Access\n Stimulation, as defined in § 61.3(bbb) of this chapter, it shall, within 45 days of commencing Access\n Stimulation, or within 45 days of July 3, 2023, whichever is later:\n\n47 CFR 51.914(a) (enhanced display) page 81 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.914(a)(1)\nInterconnection\n\n\n (1) Not bill any Interexchange Carrier for interstate or intrastate terminating switched access tandem\n switching or terminating switched access transport charges for any traffic between such local\n exchange carrier's terminating end office or equivalent and the associated access tandem switch;\n and\n\n (2) Designate the Intermediate Access Provider(s), if any, that will provide terminating switched access\n tandem switching or terminating switched access tandem transport services to the local exchange\n carrier engaged in Access Stimulation; and\n\n (3) Assume financial responsibility for any applicable Intermediate Access Provider's charges for such\n services for any traffic between such local exchange carrier's terminating end office or equivalent\n and the associated access tandem switch.\n\n (b) Notwithstanding any other provision of this part, if a local exchange carrier is engaged in Access\n Stimulation, as defined in § 61.3(bbb) of this chapter, it shall, within 45 days of commencing Access\n Stimulation, or within 45 days of July 3, 2023, whichever is later, notify in writing the Commission, all\n Intermediate Access Providers that it subtends, and Interexchange Carriers with which it does business of\n the following:\n\n (1) That it is a local exchange carrier engaged in Access Stimulation; and\n\n (2) That it shall designate the Intermediate Access Provider(s), if any, that will provide the terminating\n switched access tandem switching or terminating switched access tandem transport services to the\n local exchange carrier engaged in Access Stimulation; and\n\n (3) That the local exchange carrier shall pay for those services as of that date.\n\n (c) Notwithstanding any other provision of the Commission's rules, if an IPES Provider, as defined in §\n 61.3(eee) of this chapter, is engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter, then\n within 45 days of commencing Access Stimulation, or within 45 days of July 3, 2023, whichever is later:\n\n (1) The IPES Provider shall designate the Intermediate Access Provider(s), if any, that will provide\n terminating switched access tandem switching or terminating switched access tandem transport\n services to the IPES Provider engaged in Access Stimulation; and further\n\n (2) The IPES Provider may assume financial responsibility for any applicable Intermediate Access\n Provider's charges for such services for any traffic between such IPES Provider's terminating end\n office or equivalent and the associated access tandem switch; and\n\n (3) The Intermediate Access Provider shall not assess any charges for such services to the\n Interexchange Carrier.\n\n (d) Notwithstanding any other provision of this part, if an internet Protocol Enabled Service (IPES) Provider, as\n defined in § 61.3(eee) of this chapter, is engaged in Access Stimulation, as defined in § 61.3(bbb) of this\n chapter, it shall, within 45 days of commencing Access Stimulation, or within 45 days after January 2,\n 2024, whichever is later, notify in writing the Commission, all Intermediate Access Providers that it\n subtends, and Interexchange Carriers with which it does business of the following:\n\n (1) That it is an IPES Provider engaged in Access Stimulation; and\n\n (2) That it shall designate the Intermediate Access Provider(s), if any, that will provide the terminating\n switched access tandem switching or terminating switched access tandem transport services\n directly, or indirectly through a local exchange carrier, to the IPES Provider engaged in Access\n Stimulation; and\n\n47 CFR 51.914(d)(2) (enhanced display) page 82 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.914(d)(3)\nInterconnection\n\n\n (3) Whether the IPES Provider will pay for those services as of that date.\n\n (e) In the event that an Intermediate Access Provider receives notice under paragraph (b) or (d) of this section\n that it has been designated to provide terminating switched access tandem switching or terminating\n switched access tandem transport services to a local exchange carrier engaged in Access Stimulation, as\n defined in § 61.3(bbb) of this chapter, or to an IPES Provider engaged in Access Stimulation, directly, or\n indirectly through a local exchange carrier, and that local exchange carrier engaged in Access Stimulation\n shall pay or the IPES Provider engaged in Access Stimulation may pay for such terminating access\n service from such Intermediate Access Provider, the Intermediate Access Provider shall not bill\n Interexchange Carriers for interstate or intrastate terminating switched access tandem switching or\n terminating switched access tandem transport service for traffic bound for such local exchange carrier or\n IPES Provider but, instead, shall bill such local exchange carrier or may bill such IPES Provider for such\n services.\n\n (f) Notwithstanding paragraphs (a) through (d) of this section, any local exchange carrier that is not itself\n engaged in Access Stimulation, as that term is defined in § 61.3(bbb) of this chapter, but serves as an\n Intermediate Access Provider with respect to traffic bound for a local exchange carrier engaged in Access\n Stimulation or bound for an IPES Provider engaged in Access Stimulation, shall not itself be deemed a\n local exchange carrier engaged in Access Stimulation or be affected by paragraphs (a) and (b) of this\n section.\n\n (g) Upon terminating its engagement in Access Stimulation, as defined in § 61.3(bbb) of this chapter, the\n local exchange carrier or IPES Provider engaged in Access Stimulation shall provide concurrent, written\n notification to the Commission and any affected Intermediate Access Provider(s) and Interexchange\n Carrier(s) of such fact.\n\n[88 FR 35762, June 1, 2023, as amended at 88 FR 35762, June 1, 2023; 88 FR 83829, Dec. 1, 2023]\n\n\n§ 51.915 Recovery mechanism for price cap carriers.\n (a) Scope. This section sets forth the extent to which Price Cap Carriers may recover certain revenues,\n through the recovery mechanism outlined below, to implement reforms adopted in FCC 11–161 and as\n required by § 20.11(b) of this chapter, and §§ 51.705 and 51.907.\n\n (b) Definitions. As used in this section and § 51.917, the following terms mean:\n\n (1) CALLS Study Area. A CALLS Study Area means a Price Cap Carrier study area that participated in the\n CALLS plan at its inception. See Access Charge Reform, Price Cap Performance Review for Local\n Exchange Carriers, Low-Volume Long-Distance Users, Federal-State Joint Board on Universal Service,\n Sixth Report and Order in CC Docket Nos. 96–262 and 94–1, Report and Order in CC Docket No.\n 99–249, Eleventh Report and Order in CC Docket No. 96–45, 15 FCC Rcd 12962 (2000).\n\n (2) CALLS Study Area Base Factor. The CALLS Study Area Base Factor is equal to ninety (90) percent.\n\n (3) CMRS Net Reciprocal Compensation Revenues. CMRS Net Reciprocal Compensation Revenues\n means the reduction in net reciprocal compensation revenues required by § 20.11 of this chapter\n associated with CMRS traffic as described in § 51.701(b)(2), which is equal to its Fiscal Year 2011\n net reciprocal compensation revenues from CMRS carriers.\n\n (4) Expected Revenues for Access Recovery Charges. Expected Revenues for Access Recovery Charges\n are calculated using the tariffed Access Recovery Charge rate for each class of service and the\n forecast demand for each class of service.\n\n47 CFR 51.915(b)(4) (enhanced display) page 83 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(b)(5)\nInterconnection\n\n\n (5) Initial Composite Terminating End Office Access Rate. Initial Composite Terminating End Office\n Access Rate means Fiscal Year 2011 terminating interstate End Office Access Service revenue\n divided by Fiscal Year 2011 terminating interstate end office switching minutes.\n\n (6) Lifeline Customer. A Lifeline Customer is a residential lifeline subscriber as defined by § 54.400(a) of\n this chapter that does not pay a Residential and/or Single-Line Business End User Common Line\n Charge.\n\n (7) Net Reciprocal Compensation. Net Reciprocal Compensation means the difference between a\n carrier's reciprocal compensation revenues from non-access traffic less its reciprocal compensation\n payments for non-access traffic during a stated period of time. For purposes of the calculations\n made under §§ 51.915 and 51.917, the term does not include reciprocal compensation revenues for\n non-access traffic exchanged between Local Exchange Carriers and CMRS providers; recovery for\n such traffic is addressed separately in these sections.\n\n (8) Non-CALLS Study Area. Non-CALLS Study Area means a Price Cap Carrier study area that did not\n participate in the CALLS plan at its inception.\n\n (9) Non-CALLS Study Area Base Factor. The Non-CALLS Study Area Base Factor is equal to one hundred\n (100) percent for five (5) years beginning July 1, 2012. Beginning July 1, 2017, the Non-CALLS Price\n Cap Carrier Base Factor will be equal to ninety (90) percent.\n\n (10) Price Cap Carrier Traffic Demand Factor. The Price Cap Carrier Traffic Demand Factor, as used in\n calculating eligible recovery, is equal to ninety (90) percent for the one-year period beginning July 1,\n 2012. It is reduced by ten (10) percent of its previous value in each subsequent annual tariff filing.\n\n (11) Rate Ceiling Component Charges. The Rate Ceiling Component Charges consists of the federal end\n user common line charge and the Access Recovery Charge; the flat rate for residential local service\n (sometimes know as the “1FR” or “R1” rate), mandatory extended area service charges, and state\n subscriber line charges; per-line state high cost and/or state access replacement universal service\n contributions, state E911 charges, and state TRS charges.\n\n (12) Residential Rate Ceiling. The Residential Rate Ceiling, which consists of the total of the Rate Ceiling\n Component Charges, is set at $30 per month. The Residential Rate Ceiling will be the higher of the\n rate in effect on January 1, 2012, or the rate in effect on January 1 in any subsequent year.\n\n (13) True-up Revenues for Access Recovery Charge. True-up revenues for Access Recovery Charge are\n equal to (projected demand minus actual realized demand for Access Recovery Charges) times the\n tariffed Access Recovery Charge. This calculation shall be made separately for each class of service\n and shall be adjusted to reflect any changes in tariffed rates for the Access Recovery Charge.\n Realized demand is the demand for which payment has been received by the time the true-up is\n made.\n\n (14) Intrastate 2014 Composite Terminating End Office Access Rate. The Intrastate 2014 Composite\n Terminating End Office Access Rate as used in this section is determined by\n\n (i) If a separate terminating rate is not already generally available, developing separate intrastate\n originating and terminating end office rates in accordance with § 51.907(d)(1) using end office\n access rates at their June 30, 2014, rate caps;\n\n (ii) Multiplying the existing terminating June 30, 2014, intrastate end office access rates, or the\n terminating rates developed in paragraph (b)(14)(i) of this section, by the relevant Fiscal Year\n 2011 intrastate demand; and\n\n47 CFR 51.915(b)(14)(ii) (enhanced display) page 84 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(b)(14)(iii)\nInterconnection\n\n\n (iii) Dividing the sum of the revenues determined in paragraph (b)(14)(ii) of this section by 2011\n Fiscal Year intrastate terminating local switching minutes.\n\n (c) 2011 Price Cap Carrier Base Period Revenue. 2011 Price Cap Carrier Base Period Revenue is equal to the\n sum of the following three components:\n\n (1) Terminating interstate end office switched access revenues and interstate Tandem-Switched\n Transport Access Service revenues for Fiscal Year 2011 received by March 31, 2012;\n\n (2) Fiscal Year 2011 revenues from Transitional Intrastate Access Service received by March 31, 2012;\n and\n\n (3) Fiscal Year 2011 reciprocal compensation revenues received by March 31, 2012, less fiscal year\n 2011 reciprocal compensation payments made by March 31, 2012.\n\n (d) Eligible recovery for Price Cap Carriers.\n\n (1) Notwithstanding any other provision of the Commission's rules, a Price Cap Carrier may recover the\n amounts specified in this paragraph through the mechanisms described in paragraphs (e) and (f) of\n this section.\n\n (i) Beginning July 1, 2012, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study\n Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by\n the sum of the following three components:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) multiplied by the Price Cap Carrier Traffic Demand\n Factor;\n\n (B) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (C) A Price Cap Carrier's reductions in Fiscal Year 2011 net reciprocal compensation revenues\n resulting from rate reductions required by § 51.705, other than those associated with\n CMRS traffic as described in § 51.701(b)(2), which may be calculated in one of the\n following ways:\n\n (1) Calculate the reduction in Fiscal Year 2011 net reciprocal compensation revenue as a\n result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal\n compensation demand, and then multiply by the Price Cap Carrier Traffic Demand\n Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n\n\n\n47 CFR 51.915(d)(1)(i)(C)(2)(i) (enhanced display) page 85 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(i)(C)(2)(ii)\nInterconnection\n\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2012 multiply by the appropriate Fiscal\n Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand\n Factor; or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (ii) Beginning July 1, 2013, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study\n Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by\n the sum of the following three components:\n\n (A) The cumulative amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (B) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (C) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2013, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n\n\n47 CFR 51.915(d)(1)(ii)(C)(3) (enhanced display) page 86 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(iii)\nInterconnection\n\n\n (iii) Beginning July 1, 2014, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study\n Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by\n the sum of the amounts in paragraphs (d)(1)(iii)(A) through (d)(1)(iii)(E), of this section, and\n then adding the amount in paragraph (d)(1)(iii)(F) of this section to that amount:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (B) The reduction in interstate switched access revenues equal to the difference between the\n 2011 Baseline Composite Terminating End Office Access Rate and the 2014 Target\n Composite Terminating End Office Access Rate determined pursuant to § 51.907(d) using\n Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by\n the Price Cap Carrier Traffic Demand Factor;\n\n (C) If the carrier reduced its 2014 Intrastate Terminating End Office Access Rate(s) pursuant\n to § 51.907(d)(2), the reduction in revenues equal to the difference between either the\n Intrastate 2014 Composite Terminating End Office Access Rate and the Composite\n Terminating End Office Access Rate based on the maximum terminating end office rates\n that could have been charged on July 1, 2014, or the 2014 Target Composite Terminating\n End Office Access Rate, as applicable, using Fiscal Year 2011 terminating intrastate end\n office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n\n (D) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2014, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n\n\n\n47 CFR 51.915(d)(1)(iii)(E)(2)(ii) (enhanced display) page 87 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(iii)(E)(3)\nInterconnection\n\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (F) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2012.\n\n (iv) Beginning July 1, 2015, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study\n Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by\n the sum of the amounts in paragraphs (d)(1)(iv)(A) through (d)(1)(iv)(E) of this section and then\n adding the amount in paragraph (d)(1)(iv)(F) of this section to that amount:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor;\n\n (B) The reduction in interstate switched access revenues equal to the difference between the\n 2011 Baseline Composite Terminating End Office Access Rate and the 2015 Target\n Composite Terminating End Office Access Rate determined pursuant to § 51.907(e) using\n Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by\n the Price Cap Carrier Traffic Demand Factor;\n\n (C) If the carrier reduced its Intrastate Terminating End Office Access Rate(s) pursuant to §\n 51.907(e)(1), the reduction in intrastate switched access revenues equal to the difference\n between either the intrastate 2014 Composite Terminating End Office Access Rate and the\n Composite Terminating End Office Access Rate based on the maximum terminating end\n office rates that could have been charged on July 1, 2015, or the 2015 Target Composite\n Terminating End Office Access Rate, as applicable, using Fiscal Year 2011 terminating\n intrastate end office switching minutes, and then multiply by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (D) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor;\n\n (E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n\n\n\n\n47 CFR 51.915(d)(1)(iv)(E)(2)(i) (enhanced display) page 88 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(iv)(E)(2)(ii)\nInterconnection\n\n\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2015, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (F) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2013.\n\n (v) Beginning July 1, 2016, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study\n Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by\n the sum of the amounts in paragraphs (d)(1)(v)(A) through (d)(1)(v)(E), of this section and then\n adding the amount in paragraph (d)(1)(v)(F) of this section to that amount:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor;\n\n (B) The reduction in interstate switched access revenues equal to the difference between the\n 2011 Baseline Composite Terminating End Office Access Rate and $0.0007 determined\n pursuant to § 51.907(f) using Fiscal Year 2011 terminating interstate end office switching\n minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n\n (C) If the carrier reduced its Intrastate Terminating End Office Access Rate(s) pursuant to §\n 51.907(f), the reduction in revenues equal to the difference between either the Intrastate\n 2014 Composite Terminating End Office Access Rate and $0.0007 based on the maximum\n terminating end office rates that could have been charged on July 1, 2016, or the 2016\n Target Composite Terminating End Office Access Rate, as applicable, using Fiscal Year\n 2011 terminating intrastate end office minutes, and then multiply by the Price Cap Carrier\n Traffic Demand Factor;\n\n (D) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor;\n\n (E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n47 CFR 51.915(d)(1)(v)(E)(1) (enhanced display) page 89 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(v)(E)(2)\nInterconnection\n\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2016, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (F) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2014.\n\n (vi) Beginning July 1, 2017, a Price Cap Carrier's eligible recovery will be equal to ninety (90) percent\n of the sum of the amounts in paragraphs (d)(1)(vi) through (d)(1)(vi)(F) of this section, and then\n adding the amount in paragraph (d)(1)(vi)(G) f this section to that amount:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (B) The reduction in interstate switched access revenues equal to the 2011 Baseline\n Composite Terminating End Office Access Rate using Fiscal Year 2011 terminating\n interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (C) The reduction in revenues equal to the intrastate 2014 Composite terminating End Office\n Access Rate using Fiscal Year 2011 terminating intrastate end office switching minutes,\n and then multiply by the Price Cap Carrier Traffic Demand Factor;\n\n (D) The reduction in revenues resulting from reducing the terminating Tandem-Switched\n Transport Access Service rate to $0.0007 pursuant to § 51.907(g)(2) using Fiscal Year\n 2011 terminating tandem-switched minutes, and then multiply by the Price Cap Carrier\n Traffic Demand Factor;\n\n (E) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (F) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n\n47 CFR 51.915(d)(1)(vi)(F) (enhanced display) page 90 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(vi)(F)(1)\nInterconnection\n\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2017, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (G) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2015.\n\n (vii) Beginning July 1, 2018, a Price Cap Carrier's eligible recovery will be equal to ninety (90) percent\n of the sum of the amounts in paragraphs (d)(1)(vii)(A) though (d)(1)(vii)(G) of this section, and\n then adding the amount in paragraph (d)(1)(vii)(H) of this section to that amount:\n\n (A) The amount of the reduction in Transitional Intrastate Access Service revenues\n determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic\n Demand Factor; and:\n\n (B) The reduction in interstate switched access revenues equal to the 2011 Baseline\n Composite Terminating End Office Access Rate using Fiscal Year 2011 terminating\n interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (C) The reduction in revenues equal to the intrastate 2014 Composite terminating End Office\n Access Rate using Fiscal Year 2011 terminating intrastate end office switching minutes,\n and then multiply by the Price Cap Carrier Traffic Demand Factor;\n\n (D) The reduction in revenues resulting from reducing the terminating Tandem-Switched\n Transport Access Service rate to $0.0007 pursuant to § 51.907(g)(2) using Fiscal Year\n 2011 terminating tandem-switched minutes, and then multiply by the Price Cap Carrier\n Traffic Demand Factor;\n\n\n\n\n47 CFR 51.915(d)(1)(vii)(D) (enhanced display) page 91 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(1)(vii)(E)\nInterconnection\n\n\n (E) The reduction in revenues resulting from moving from a terminating Tandem-Switched\n Transport Access Service rate tariffed at a maximum of $0.0007 to removal of intercarrier\n charges pursuant to § 51.907(h), if applicable, using Fiscal Year 2011 terminating tandem-\n switched minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n\n (F) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic\n Demand Factor; and\n\n (G) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal\n compensation revenues other than those associated with CMRS traffic as described in §\n 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one\n of the following ways:\n\n (1) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation\n revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011\n reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic\n Demand Factor;\n\n (2) By using a composite reciprocal compensation rate as follows:\n\n (i) Establish a composite reciprocal compensation rate for its Fiscal Year 2011\n reciprocal compensation receipts and its Fiscal Year 2011 reciprocal\n compensation payments by dividing its Fiscal Year 2011 reciprocal\n compensation receipts and payments by its respective Fiscal Year 2011\n demand excluding demand for traffic exchanged pursuant to a bill-and-keep\n arrangement;\n\n (ii) Calculate the difference between each of the composite reciprocal\n compensation rates and the target reciprocal compensation rate set forth in §\n 51.705 for the year beginning July 1, 2018, using the appropriate Fiscal Year\n 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor;\n or\n\n (3) For the purpose of establishing its recovery for net reciprocal compensation, a Price\n Cap Carrier may elect to forgo this step and receive no recovery for reductions in net\n reciprocal compensation. If a carrier elects this option, it may not change its election\n at a later date.\n\n (H) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2016.\n\n (viii) Beginning July 1, 2019, and in subsequent years, a Price Cap Carrier's eligible recovery will be\n equal to the amount calculated in paragraph (d)(1)(vii)(A) through (d)(1)(vii)(H) of this section\n before the application of the Price Cap Carrier Traffic Demand Factor applicable in 2018\n multiplied by the appropriate Price Cap Carrier Traffic Demand Factor for the year in question,\n and then adding an amount equal to True-up Revenues for Access Recovery Charges for the\n year beginning July 1 two years earlier.\n\n\n\n\n47 CFR 51.915(d)(1)(viii) (enhanced display) page 92 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(d)(2)\nInterconnection\n\n\n (2) If a Price Cap Carrier recovers any costs or revenues that are already being recovered through\n Access Recovery Charges or the Connect America Fund from another source, that carrier's ability to\n recover reduced switched access revenue from Access Recovery Charges or the Connect America\n Fund shall be reduced to the extent it receives duplicative recovery. Any duplicative recovery shall be\n reflected as a reduction to a carrier's Eligible Recovery calculated pursuant to § 51.915(d).\n\n (3) A Price Cap Carrier seeking revenue recovery must annually certify as part of its tariff filings to the\n Commission and to the relevant state commission that the carrier is not seeking duplicative recovery\n in the state jurisdiction for any Eligible Recovery subject to the recovery mechanism.\n\n (4) If a Price Cap Carrier receives payment for Access Recovery Charges after the period used to\n measure the adjustment to reflect the differences between estimated and actual revenues, it shall\n treat such payments as actual revenues in the year the payment is received and shall reflect this as\n an additional adjustment for that year.\n\n (e) Access Recovery Charge.\n\n (1) A charge that is expressed in dollars and cents per line per month may be assessed upon end users\n that may be assessed an end user common line charge pursuant to § 69.152 of this chapter, to the\n extent necessary to allow the Price Cap Carrier to recover some or all of its eligible recovery\n determined pursuant to paragraph (d) of this section, subject to the caps described in paragraph\n (e)(5) of this section. A Price Cap Carrier may elect to forgo charging some or all of the Access\n Recovery Charge.\n\n (2) Total Access Recovery Charges calculated by multiplying the tariffed Access Recovery Charge by the\n projected demand for the year in question may not recover more than the amount of eligible recovery\n calculated pursuant to paragraph (d) of this section for the year beginning on July 1.\n\n (3) For the purposes of this section, a Price Cap Carrier holding company includes all of its wholly-\n owned operating companies that are price cap incumbent local exchange carriers. A Price Cap\n Carrier Holding Company may recover the eligible recovery attributable to any price cap study areas\n operated by its wholly-owned operating companies through assessments of the Access Recovery\n Charge on end users in any price cap study areas operated by its wholly owned operating companies\n that are price cap incumbent local exchange carriers.\n\n (4) Distribution of Access Recovery Charges among lines of different types.\n\n (i) A Price Cap Carrier holding company that does not receive ICC-replacement CAF support\n (whether because it elects not to or because it does not have sufficient eligible recovery after\n the Access Recovery Charge is assessed or imputed) may not recover a higher fraction of its\n total revenue recovery from Access Recovery Charges assessed on Residential and Single Line\n Business lines than:\n\n (A) The number of Residential and Single-Line Business lines divided by\n\n (B) The sum of the number of Residential and Single-Line Business lines and two (2) times the\n number of End User Common Line charges assessed on Multi-Line Business customers.\n\n (ii) For purposes of this subpart, Residential and Single Line Business lines are lines (other than\n lines of Lifeline Customers) assessed the residential and single line business end user\n common line charge and lines assessed the non-primary residential end user common line\n charge.\n\n\n47 CFR 51.915(e)(4)(ii) (enhanced display) page 93 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(e)(4)(iii)\nInterconnection\n\n\n (iii) For purposes of this subpart, Multi-Line Business Lines are lines assessed the multi-line\n business end user common line charge.\n\n (5) Per-line caps and other limitations on Access Recovery Charges\n\n (i) For each line other than lines of Lifeline Customers assessed a primary residential or single-line\n business end user common line charge or a non-primary residential end user common line\n charge pursuant to § 69.152 of this Chapter, a Price Cap Carrier may assess an Access\n Recovery Charge as follows:\n\n (A) Beginning July 1, 2012, a maximum of $0.50 per month for each line;\n\n (B) Beginning July 1, 2013, a maximum of $1.00 per month for each line;\n\n (C) Beginning July 1, 2014, a maximum of $1.50 per month for each line;\n\n (D) Beginning July 1, 2015, a maximum of $2.00 per month for each line; and\n\n (E) Beginning July 1, 2016, a maximum of $2.50 per month for each line.\n\n (ii) For each line assessed a multi-line business end user common line charge pursuant to § 69.152\n of this chapter, a Price Cap Carrier may assess an Access Recovery Charge as follows:\n\n (A) Beginning July 1, 2012, a maximum of $1.00 per month for each multi-line business end\n user common line charge assessed;\n\n (B) Beginning July 1, 2013, a maximum of $2.00 per month for each multi-line business end\n user common line charge assessed;\n\n (C) Beginning July 1, 2014, a maximum of $3.00 per month for each multi-line business end\n user common line charge assessed;\n\n (D) Beginning July 1, 2015, a maximum of $4.00 per month for each multi-line business end\n user common line charge assessed; and\n\n (E) Beginning July 1, 2016, a maximum of $5.00 per month for each multi-line business end\n user common line charge assessed.\n\n (iii) The Access Recovery Charge allowed by paragraph (e)(5)(i) of this section may not be\n assessed to the extent that its assessment would bring the total of the Rate Ceiling Component\n Charges above the Residential Rate Ceiling on January 1 of that year. This limitation applies\n only to the first residential line obtained by a residential end user and does not apply to single-\n line business customers.\n\n (iv) The Access Recovery Charge allowed by paragraph (e)(5)(ii) of this section may not be\n assessed to the extent that its assessment would bring the total of the multi-line business end\n user common line charge and the Access Recovery Charge above $12.20 per line.\n\n (v) The Access Recovery Charge assessed on lines assessed the non-primary residential line end\n user common line charge in a study area may not exceed the Access Recovery Charge\n assessed on residential end-users' first residential line in that study area.\n\n (vi) The Access Recovery Charge may not be assessed on lines of any Lifeline Customers.\n\n\n\n\n47 CFR 51.915(e)(5)(vi) (enhanced display) page 94 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.915(e)(5)(vii)\nInterconnection\n\n\n (vii) If in any year, the Price Cap Carrier's Access Recovery Charge is not at its maximum, the\n succeeding year's Access Recovery Charge may not increase more than $.0.50 per line per\n month for charges assessed under paragraph (e)(5)(i) of this section or $1.00 per line per\n month for charges assessed under paragraph (e)(5)(ii) of this section.\n\n (f) Price Cap Carrier eligibility for CAF ICC Support.\n\n (1) A Price Cap Carrier shall elect in its July 1, 2012 access tariff filing whether it will receive CAF ICC\n Support under this paragraph. A Price Cap Carrier eligible to receive CAF ICC Support subsequently\n may elect at any time not to receive such funding. Once it makes the election not to receive CAFF\n ICC Support, it may not elect to receive such funding at a later date.\n\n (2) Beginning July 1, 2012, a Price Cap Carrier may recover any eligible recovery allowed by paragraph\n (d) that it could not have recovered through charges assessed pursuant to paragraph (e) of this\n section from CAF ICC Support pursuant to § 54.304. For this purpose, the Price Cap Carrier must\n impute the maximum charges it could have assessed under paragraph (e)of this section.\n\n (3) Beginning July 1, 2017, a Price Cap Carrier may recover two-thirds (2⁄3) of the amount it otherwise\n would have been eligible to recover under paragraph (f)(2) from CAF ICC Support.\n\n (4) Beginning July 1, 2018, a Price Cap Carrier may recover one-third (1/3) of the amount it otherwise\n would have been eligible to recover under paragraph (f)(2) of this section from CAF ICC Support.\n\n (5) Beginning July 1, 2019, a Price Cap Carrier may no longer recover any amount related to revenue\n recovery under this paragraph from CAF ICC Support.\n\n (6) A Price Cap Carrier that elects to receive CAF ICC support must certify with its annual access tariff\n filing that it has complied with paragraphs (d) and (e) of this section, and, after doing so, is eligible to\n receive the CAF ICC support requested pursuant to paragraph (f) of this section.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48453, Aug. 14, 2012; 78 FR 26268, May 6, 2013;79 FR 28846, May 20, 2014]\n\n\n§ 51.917 Revenue recovery for Rate-of-Return Carriers.\n (a) Scope. This section sets forth the extent to which Rate-of-Return Carriers may recover, through the\n recovery mechanism outlined in paragraphs (d) through (f) of this section, a portion of revenues lost due\n to rate reductions required by § 20.11(b) of this chapter, and §§ 51.705 and 51.909.\n\n (b) Definitions.\n\n (1) 2011 Interstate Switched Access Revenue Requirement. 2011 Interstate Switched Access Revenue\n Requirement means:\n\n (i) For a Rate-of-Return Carrier that participated in the NECA 2011 annual switched access tariff\n filing, its projected interstate switched access revenue requirement associated with the NECA\n 2011 annual interstate switched access tariff filing;\n\n (ii) For a Rate-of-Return Carrier subject to § 61.38 of this chapter that filed its own annual access\n tariff in 2010 and did not participate in the NECA 2011 annual switched access tariff filing, its\n projected interstate switched access revenue requirement in its 2010 annual interstate\n switched access tariff filing; and\n\n\n\n\n47 CFR 51.917(b)(1)(ii) (enhanced display) page 95 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(b)(1)(iii)\nInterconnection\n\n\n (iii) For a Rate-of-Return Carrier subject to § 61.39 of this chapter that filed its own annual switched\n access tariff in 2011, its historically-determined annual interstate switched access revenue\n requirement filed with its 2011 annual interstate switched access tariff filing.\n\n (2) Expected Revenues. Expected Revenues from an access service are calculated using the default\n transition rate for that service specified by § 51.909 and forecast demand for that service. Expected\n Revenues from a non-access service are calculated using the default transition rate for that service\n specified by § 20.11 of this chapter or § 51.705 of this chapter and forecast net demand for that\n service.\n\n (3) Rate-of-Return Carrier Baseline Adjustment Factor. The Rate-of-Return Carrier Baseline Adjustment\n Factor, as used in calculating eligible recovery for Rate-of-Return Carriers, is equal to ninety-five (95)\n percent for the period beginning July 1, 2012. It is reduced by five (5) percent of its previous value in\n each subsequent annual tariff filing.\n\n (4) Revenue Requirement. Revenue Requirement is equal to a carrier's regulated operating costs plus an\n 11.25 percent return on a carrier's net rate base calculated in compliance with the provisions of parts\n 36, 65 and 69 of this chapter. For an average schedule carrier, its Revenue Requirement shall be\n equal to the average schedule settlements it received from the pool, adjusted to reflect an 11.25\n percent rate of return, or what it would have received if it had been a participant in the pool. If the\n reference is to an operating segment, these references are to the Revenue Requirement associated\n with that segment.\n\n (5) True-up Adjustment. The True-up Adjustment is equal to the True-up Revenues for any particular\n service for the period in question.\n\n (6) True-up Revenues. True-up Revenues from an access service are equal to (projected demand minus\n actual realized demand for that service) times the default transition rate for that service specified by\n § 51.909. True-up Revenues from a non-access service are equal to (projected demand minus actual\n realized net demand for that service) times the default transition rate for that service specified by §\n 20.11(b) of this chapter or § 51.705. Realized demand is the demand for which payment has been\n received, or has been made, as appropriate, by the time the true-up is made.\n\n (7) 2011 Rate-of-Return Carrier Base Period Revenue. 2011 Rate-of-Return Carrier Base Period Revenue\n is the sum of:\n\n (i) 2011 Interstate Switched Access Revenue Requirement;\n\n (ii) Fiscal Year 2011 revenues from Transitional Intrastate Access Service received by March 31,\n 2012; and\n\n (iii) Fiscal Year 2011 reciprocal compensation revenues received by March 31, 2012, less Fiscal\n Year 2011 reciprocal compensation payments paid and/or payable by March 31, 2012\n\n (c) Adjustment for Access Stimulation activity. 2011 Rate-of-Return Carrier Base Period Revenue shall be\n adjusted to reflect the removal of any increases in revenue requirement or revenues resulting from Access\n Stimulation activity the Rate-of-Return Carrier engaged in during the relevant measuring period. A Rate-of-\n Return Carrier should make this adjustment for its initial July 1, 2012, tariff filing, but the adjustment may\n result from a subsequent Commission or court ruling.\n\n (d) Eligible Recovery for Rate-of-Return Carriers.\n\n\n\n47 CFR 51.917(d) (enhanced display) page 96 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(d)(1)\nInterconnection\n\n\n (1) Notwithstanding any other provision of the Commission's rules, a Rate-of-Return Carrier may recover\n the amounts specified in this paragraph through the mechanisms described in paragraphs (e) and (f)\n of this section.\n\n (i) Beginning July 1, 2012, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011\n Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline\n Adjustment Factor less:\n\n (A) The Expected Revenues from Transitional Intrastate Access Service for the year beginning\n July 1, 2012, reflecting forecasted demand multiplied by the rates in the rate transition\n contained in § 51.909;\n\n (B) The Expected Revenues from interstate switched access for the year beginning July 1,\n 2012, reflecting forecasted demand multiplied by the rates in the rate transition contained\n in § 51.909; and\n\n (C) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2012\n using the target methodology required by § 51.705.\n\n (ii) Beginning July 1, 2013, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011\n Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline\n Adjustment Factor less:\n\n (A) The Expected Revenues from Transitional Intrastate Access Service for the year beginning\n July 1, 2013, reflecting forecasted demand multiplied by the rates in the rate transition\n contained in § 51.909;\n\n (B) The Expected Revenues from interstate switched access for the year beginning July 1,\n 2013, reflecting forecasted demand multiplied by the rates in the rate transition contained\n in § 51.909; and\n\n (C) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2013\n using the target methodology required by § 51.705.\n\n (iii) Beginning July 1, 2014, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011\n Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline\n Adjustment Factor less:\n\n (A) The Expected Revenues from Transitional Intrastate Access Service for the year beginning\n July 1, 2014, reflecting forecasted demand multiplied by the rates in the rate transition\n contained in § 51.909 (including the reduction in intrastate End Office Switched Access\n Service rates), adjusted to reflect the True-Up Adjustment for Transitional Intrastate\n Access Service for the year beginning July 1, 2012;\n\n (B) The Expected Revenues from interstate switched access for the year beginning July 1,\n 2014, reflecting forecasted demand multiplied by the rates in the rate transition contained\n in § 51.909, adjusted to reflect the True-Up Adjustment for Interstate Switched Access for\n the year beginning July 1, 2012; and\n\n (C) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2014\n using the target methodology required by § 51.705, adjusted to reflect the True-Up\n Adjustment for Reciprocal Compensation for the year beginning July 1, 2012.\n\n\n\n47 CFR 51.917(d)(1)(iii)(C) (enhanced display) page 97 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(d)(1)(iii)(D)\nInterconnection\n\n\n (D) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning\n July 1, 2012 multiplied by negative one.\n\n (iv) Beginning July 1, 2015, and for all subsequent years, a Rate-of-Return Carrier's eligible recovery\n will be calculated by updating the procedures set forth in paragraph (d)(1)(iii) of this section for\n the period beginning July 1, 2014, to reflect the passage of an additional year in each\n subsequent year.\n\n (v) If a Rate-of-Return Carrier receives payments for intrastate or interstate switched access\n services or for Access Recovery Charges after the period used to measure the adjustments to\n reflect the differences between estimated and actual revenues, it shall treat such payments as\n actual revenue in the year the payment is received and shall reflect this as an additional\n adjustment for that year.\n\n (vi) If a Rate-of-Return Carrier receives or makes reciprocal compensation payments after the\n period used to measure the adjustments to reflect the differences between estimated and\n actual net reciprocal compensation revenues, it shall treat such amounts as actual revenues or\n payments in the year the payment is received or made and shall reflect this as an additional\n adjustment for that year.\n\n (vii) If a Rate-of-Return Carrier recovers any costs or revenues that are already being recovered as\n Eligible Recovery through Access Recovery Charges or the Connect America Fund from another\n source, that carrier's ability to recover reduced switched access revenue from Access Recovery\n Charges or the Connect America Fund shall be reduced to the extent it receives duplicative\n recovery. Any duplicative recovery shall be reflected as a reduction to a carrier's Eligible\n Recovery calculated pursuant to § 51.917(d). A Rate-of-Return Carrier seeking revenue recovery\n must annually certify as part of its tariff filings to the Commission and to the relevant state\n commission that the carrier is not seeking duplicative recovery in the state jurisdiction for any\n Eligible Recovery subject to the recovery mechanism.\n\n (viii)\n\n (A) If a Rate-of-Return Carrier in any tariff period underestimates its projected demand for\n services covered by § 51.917(b)(6) or 51.915(b)(13), and thus has too much Eligible\n Recovery in that tariff period, it shall refund the amount of any such True-up Revenues or\n True-up Revenues for Access Recovery Charge that are not offset by the Rate-of-Return\n Carrier's Eligible Recovery (calculated before including the true-up amounts in the Eligible\n Recovery calculation) in the true-up tariff period to the Administrator by August 1 following\n the date of the Rate-of-Return Carrier's annual access tariff filing.\n\n (B) If a Rate-of-Return Carrier in any tariff period receives too little Eligible Recovery because it\n overestimates its projected demand for services covered by § 51.917(b)(6) or\n 51.915(b)(13), which True-up Revenues and True-up Revenues for Access Recovery\n Charge it cannot recover in the true-up tariff period because the Rate-of-Return Carrier has\n a negative Eligible Recovery in the true-up tariff period (before calculating the true-up\n amount in the Eligible Recovery calculation), the Rate-of-Return Carrier shall treat the\n unrecoverable true-up amount as its Eligible Recovery for the true-up tariff period.\n\n (e) Access Recovery Charge.\n\n\n\n\n47 CFR 51.917(e) (enhanced display) page 98 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(e)(1)\nInterconnection\n\n\n (1) A charge that is expressed in dollars and cents per line per month may be assessed upon end users\n that may be assessed a subscriber line charge pursuant to § 69.104 of this chapter, to the extent\n necessary to allow the Rate-of-Return Carrier to recover some or all of its Eligible Recovery\n determined pursuant to paragraph (d) of this section, subject to the caps described in paragraph\n (e)(6) of this section. A Rate-of-Return Carrier may elect to forgo charging some or all of the Access\n Recovery Charge.\n\n (2) Total Access Recovery Charges calculated by multiplying the tariffed Access Recovery Charge by the\n projected demand for the year may not recover more than the amount of eligible recovery calculated\n pursuant to paragraph (d) of this section for the year beginning on July 1.\n\n (3) For the purposes of this section, a Rate-of-Return Carrier holding company includes all of its wholly-\n owned operating companies. A Rate-of-Return Carrier Holding Company may recover the eligible\n recovery attributable to any Rate-of-Return study areas operated by its wholly-owned operating\n companies that are Rate-of-Return incumbent local exchange carriers through assessments of the\n Access Recovery Charge on end users in any Rate-of-Return study areas operated by its wholly-\n owned operating companies that are Rate-of-Return incumbent local exchange carriers.\n\n (4) Distribution of Access Recovery Charges among lines of different types\n\n (i) A Rate-of-Return Carrier that does not receive ICC-replacement CAF support (whether because\n they elect not to or because they do not have sufficient eligible recovery after the Access\n Recovery Charge is assessed or imputed) may not recover a higher ratio of its total revenue\n recovery from Access Recovery Charges assessed on Residential and Single Line Business\n lines than the following ratio (using holding company lines):\n\n (A) The number of Residential and Single-Line Business lines assessed an End User Common\n Line charge (excluding Lifeline Customers), divided by\n\n (B) The sum of the number of Residential and Single-Line Business lines assessed an End\n User Common Line charge (excluding Lifeline Customers), and two (2) times the number\n of End User Common Line charges assessed on Multi-Line Business customers.\n\n (5) For purposes of this subpart, Residential and Single Line Business lines are lines (other than lines of\n Lifeline Customers) assessed the residential and single line business end user common line charge.\n\n (i) For purposes of this subpart, Multi-Line Business Lines are lines assessed the multi-line\n business end user common line charge.\n\n (ii) [Reserved]\n\n (6) Per-line caps and other limitations on Access Recovery Charges.\n\n (i) For each line other than lines of Lifeline Customers assessed a primary residential or single-line\n business end user common line charge pursuant to § 69.104 of this chapter, a Rate-of-Return\n Carrier may assess an Access Recovery Charge as follows:\n\n (A) Beginning July 1, 2012, a maximum of $0.50 per month for each line;\n\n (B) Beginning July 1, 2013, a maximum of $1.00 per month for each line;\n\n (C) Beginning July 1, 2014, a maximum of $1.50 per month for each line;\n\n (D) Beginning July 1, 2015, a maximum of $2.00 per month for each line;\n\n\n47 CFR 51.917(e)(6)(i)(D) (enhanced display) page 99 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(e)(6)(i)(E)\nInterconnection\n\n\n (E) Beginning July 1, 2016, a maximum of $2.50 per month for each line; and\n\n (F) Beginning July 1, 2017, a maximum of $3.00 per month for each line.\n\n (ii) For each line assessed a multi-line business end user common line charge pursuant to § 69.104\n of this chapter, a Rate-of-Return Carrier may assess an Access Recovery Charge as follows:\n\n (A) Beginning July 1, 2012, a maximum of $1.00 per month for each multi-line business end\n user common line charge assessed;\n\n (B) Beginning July 1, 2013, a maximum of $2.00 per month for each multi-line business end\n user common line charge assessed;\n\n (C) Beginning July 1, 2014, a maximum of $3.00 per month for each multi-line business end\n user common line charge assessed;\n\n (D) Beginning July 1, 2015, a maximum of $4.00 per month for each multi-line business end\n user common line charge assessed;\n\n (E) Beginning July 1, 2016, a maximum of $5.00 per month for each multi-line business end\n user common line charge assessed; and\n\n (F) Beginning July 1, 2017, a maximum of $6.00 per month for each multi-line business end\n user common line charge assessed.\n\n (iii) The Access Recovery Charge allowed by paragraph (e)(6)(i) of this section may not be\n assessed to the extent that its assessment would bring the total of the Rate Ceiling Component\n Charges above the Residential Rate Ceiling. This limitation does not apply to single-line\n business customers.\n\n (iv) The Access Recovery Charge allowed by paragraph (e)(6)(ii) of this section may not be\n assessed to the extent that its assessment would bring the total of the multi-line business end\n user common line charge and the Access Recovery Charge above $12.20 per line.\n\n (v) The Access Recovery Charge may not be assessed on lines of Lifeline Customers.\n\n (vi) If in any year, the Rate of return carriers' Access Recovery Charge is not at its maximum, the\n succeeding year's Access Recovery Charge may not increase more than $0.50 per line for\n charges under paragraph (e)(6)(i) of this section or $1.00 per line for charges assessed under\n paragraph (e)(6)(ii) of this section.\n\n (vii) A Price Cap Carrier with study areas that are subject to rate-of-return regulation shall recover its\n eligible recovery for such study areas through the recovery procedures specified in this section.\n For that purpose, the provisions of paragraph (e)(3) of this section shall apply to the rate-of-\n return study areas if the applicable conditions in paragraph (e)(3) of this section are met.\n\n (f) Rate-of-Return Carrier eligibility for CAF ICC Recovery.\n\n (1) A Rate-of-Return Carrier shall elect in its July 1, 2012 access tariff filing whether it will receive CAF\n ICC Support under this paragraph. A Rate-of-Return Carrier eligible to receive CAF ICC Support\n subsequently may elect at any time not to receive such funding. Once it makes the election not to\n receive CAF ICC Support, it may not elect to receive such funding at a later date.\n\n\n\n\n47 CFR 51.917(f)(1) (enhanced display) page 100 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.917(f)(2)\nInterconnection\n\n\n (2) Beginning July 1, 2012, a Rate-of-Return Carrier may recover any eligible recovery allowed by\n paragraph (d) of this section that it could not have recovered through charges assessed pursuant to\n paragraph (e) of this section from CAF ICC Support pursuant to § 54.304. For this purpose, the Rate-\n of-Return Carrier must impute the maximum charges it could have assessed under paragraph (e) of\n this section.\n\n (3) A Rate-of-Return Carrier that elects to receive CAF ICC support must certify with its annual access\n tariff filing that it has complied with paragraphs (d) and (e), and, after doing so, is eligible to receive\n the CAF ICC support requested pursuant to paragraph (f) of this section.\n\n (4) Except as provided in paragraph (f)(5) of this section, a Rate-of-Return Carrier must impute an\n amount equal to the Access Recovery Charge for each Consumer Broadband-Only Loop line that\n receives support pursuant to § 54.901 of this chapter, with the imputation applied before CAF–ICC\n recovery is determined. The per line per month imputation amount shall be equal to the Access\n Recovery Charge amount prescribed by paragraph (e) of this section, consistent with the residential\n or single-line business or multi-line business status of the retail customer.\n\n (5) Notwithstanding paragraph (f)(4) of this section, commencing July 1, 2018 and ending June 30,\n 2023, the maximum total dollar amount a carrier must impute on supported consumer broadband-\n only loops is limited as follows:\n\n (i) For the affected tariff year, the carrier shall compare the amounts in paragraphs (f)(5)(i)(A) and\n (B) of this section.\n\n (A) The sum of the revenues from projected Access Recovery Charges assessed pursuant to\n paragraph (e) of this section, any amounts imputed pursuant to paragraph (f)(2) of this\n section, and any imputation pursuant to paragraph (f)(4) of this section.\n\n (B) The sum of the revenues from Access Recovery Charges assessed pursuant to paragraph\n (e) of this section and any amounts imputed pursuant to paragraph (f)(2) of this section\n for tariff year 2015–16, after being trued-up.\n\n (ii) If the amount determined in paragraph (f)(5)(i)(A) of this section is greater than the amount\n determined in paragraph (f)(5)(i)(B), the sum of the revenues from projected Access Recovery\n Charges assessed pursuant to paragraph (e) of this section and any amounts imputed pursuant\n to paragraph (f)(2) of this section for the affected year must be compared to the amount\n determined in paragraph (f)(5)(ii)(B) of this section.\n\n (A) If the former amount is greater than the latter amount, no imputation is made on\n Consumer Broadband-Only Loops.\n\n (B) If the former amount is equal to or less than the latter amount, the imputation on\n Consumer Broadband-Only Loops is limited to the difference between the two amounts.\n\n[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 14302, Mar. 9, 2012; 78 FR 26268, May 6, 2013; 79 FR 28847, May 20, 2014; 80\nFR 15909, Mar. 26, 2015; 81 FR 24337, Apr. 25, 2016; 83 FR 14189, Apr. 3, 2018; 84 FR 57651, Oct. 28, 2019]\n\n\n§ 51.919 Reporting and monitoring.\n (a) A Price Cap Carrier that elects to participate in the recovery mechanism outlined in § 51.915 shall,\n beginning in 2012, file with the Commission the data consistent with Section XIII (f)(3) of FCC 11–161\n with its annual access tariff filing.\n\n47 CFR 51.919(a) (enhanced display) page 101 of 102\n\f47 CFR Part 51 (up to date as of 2/20/2024)\n 47 CFR 51.919(b)\nInterconnection\n\n\n (b) A Rate-of-Return Carrier that elects to participate in the recovery mechanism outlined in § 51.917 shall file\n with the Commission the data consistent with Section XIII (f)(3) of FCC 11–161 with its annual interstate\n access tariff filing, or on the date such a filing would have been required if it had been required to file in\n that year.\n\nEffective Date Note: At 76 FR 73856, Nov. 29, 2011, § 51.919 was added. This section contains information\ncollection and recordkeeping requirements and will not become effective until approval has been given by the Office\nof Management and Budget.\n\n\n\n\n47 CFR 51.919(b) (enhanced display) page 102 of 102\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}},{"rowIdx":51,"cells":{"Content":{"kind":"string","value":"47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR Part 17 (Feb. 20, 2024)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\nThis content is from the eCFR and is authoritative but unofficial.\n\n\n\nTitle 47 —Telecommunication\nChapter I —Federal Communications Commission\nSubchapter A —General\n\nPart 17 Construction, Marking, and Lighting of Antenna Structures\n Subpart A General Information\n § 17.1 Basis and purpose.\n § 17.2 Definitions.\n § 17.4 Antenna structure registration.\n § 17.5 Commission consideration of applications for station authorization.\n § 17.6 Responsibility for painting and lighting compliance.\n Subpart B Federal Aviation Administration Notification Criteria\n § 17.7 Antenna structures requiring notification to the FAA.\n § 17.8 Establishment of antenna farm areas.\n § 17.9 Designated antenna farm areas.\n § 17.10 Antenna structures over 304.80 meters (1,000 feet) in height.\n §§ 17.14-17.17 [Reserved]\n Subpart C Specifications for Obstruction Marking and Lighting of Antenna\n Structures\n § 17.21 Painting and lighting, when required.\n § 17.22 [Reserved]\n § 17.23 Specifications for painting and lighting antenna structures.\n § 17.24 Existing structures.\n §§ 17.25-17.45 [Reserved]\n § 17.47 Inspection of antenna structure lights and associated control equipment.\n § 17.48 Notification of extinguishment or improper functioning of lights.\n § 17.49 Recording of antenna structure light inspections in the owner record.\n § 17.50 Cleaning and repainting.\n § 17.51 [Reserved]\n § 17.53 Lighting equipment and paint.\n § 17.54 Rated lamp voltage.\n § 17.56 Maintenance of lighting equipment.\n § 17.57 Report of radio transmitting antenna construction, alteration, and/or removal.\n § 17.58 [Reserved]\n\n\nPART 17—CONSTRUCTION, MARKING, AND LIGHTING OF\n\n47 CFR 17 (enhanced display) page 1 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.1\nConstruction, Marking, and Lighting of Antenna Structures\n\n\nANTENNA STRUCTURES\nAuthority: 47 U.S.C. 154, 301, 303, 309.\n\nSubpart A—General Information\n§ 17.1 Basis and purpose.\n (a) The rules in this part are issued pursuant to the authority contained in Title III of the Communications Act\n of 1934, as amended, which vest authority in the Federal Communications Commission to issue licenses\n to radio stations when it is found that the public interest, convenience, and necessity would be served\n thereby, and to require the painting, and/or illumination of antenna structures if and when in its judgment\n such structures constitute, or there is reasonable possibility that they may constitute, a menace to air\n navigation.\n\n (b) The purpose of this part is to prescribe certain procedures for antenna structure registration and\n standards with respect to the Commission's consideration of proposed antenna structures which will\n serve as a guide to antenna structure owners.\n\n[61 FR 4362, Feb. 6, 1996, as amended at 79 FR 56984, Sept. 24, 2014]\n\n\n§ 17.2 Definitions.\n (a) Antenna structure. The term antenna structure means a structure that is constructed or used to transmit\n radio energy, or that is constructed or used for the primary purpose of supporting antennas to transmit\n and/or receive radio energy, and any antennas and other appurtenances mounted thereon, from the time\n construction of the supporting structure begins until such time as the supporting structure is dismantled.\n\n (b) Antenna farm area. A geographical location, with established boundaries, designated by the Federal\n Communications Commission, in which antenna structures with a common impact on aviation may be\n grouped.\n\n (c) Antenna structure owner. For the purposes of this part, an antenna structure owner is the individual or\n entity vested with ownership, equitable ownership, dominion, or title to the antenna structure that is\n constructed or used to transmit radio energy, or the underlying antenna structure that supports or is\n intended to support antennas and other appurtenances. Notwithstanding any agreements made between\n the owner and any entity designated by the owner to maintain the antenna structure, the owner is\n ultimately responsible for compliance with the requirements of this part.\n\n (d) Antenna structure registration number. A unique number, issued by the Commission during the registration\n process, which identifies an antenna structure. Once obtained, this number must be used in all filings\n related to this structure.\n\n[32 FR 8813, June 21, 1967, and 32 FR 11268, Aug. 3, 1967, as amended at 39 FR 26157, July 17, 1974; 61 FR 4362, Feb. 6, 1996;\n79 FR 56984, Sept. 24, 2014]\n\n\n§ 17.4 Antenna structure registration.\n (a) The owner of any proposed or existing antenna structure that requires notice of proposed construction to\n the Federal Aviation Administration (FAA) due to physical obstruction must register the structure with the\n Commission. (See § 17.7 for FAA notification requirements.) This includes those structures used as part\n47 CFR 17.4(a) (enhanced display) page 2 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.4(a)(1)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n of stations licensed by the Commission for the transmission of radio energy, or to be used as part of a\n cable television head end system. If a Federal Government antenna structure is to be used by a\n Commission licensee, the structure must be registered with the Commission. If the FAA exempts an\n antenna structure from notification, it is exempt from the requirement that it register with the\n Commission. (See § 17.7(e) for exemptions to FAA notification requirements.)\n\n (1) For a proposed antenna structure or alteration of an existing antenna structure, the owner must\n register the structure prior to construction or alteration.\n\n (2) For a structure that did not originally fall under the definition of “antenna structure,” the owner must\n register the structure prior to hosting a Commission licensee.\n\n (b) Except as provided in paragraph (e) of this section, each owner of an antenna structure described in\n paragraph (a) of this section must electronically file FCC Form 854 with the Commission. Additionally,\n each owner of a proposed structure referred to in paragraph (a) of this section must submit a valid FAA\n determination of “no hazard.” In order to be considered valid by the Commission, the FAA determination of\n “no hazard” must not have expired prior to the date on which FCC Form 854 is received by the\n Commission. The height of the structure will be the highest point of the structure including any\n obstruction lighting or lightning arrester. If an antenna structure is not required to be registered under\n paragraph (a) of this section and it is voluntarily registered with the Commission after October 24, 2014,\n the registrant must note on FCC Form 854 that the registration is voluntary. Voluntarily registered antenna\n structures are not subject to the lighting and marking requirements contained in this part.\n\n (c) Each prospective applicant must complete the environmental notification process described in this\n paragraph, except as specified in paragraph (c)(1) of this section.\n\n (1) Exceptions from the environmental notification process. Completion of the environmental notification\n process is not required when FCC Form 854 is submitted solely for the following purposes:\n\n (i) For notification only, such as to report a change in ownership or contact information, or the\n dismantlement of an antenna structure;\n\n (ii) For a reduction in height of an antenna structure or an increase in height that does not\n constitute a substantial increase in size as defined in paragraph I(E)(1)–(3) of appendix B to\n part 1 of this chapter, provided that there is no construction or excavation more than 30 feet\n beyond the existing antenna structure property;\n\n (iii) For removal of lighting from an antenna structure or adoption of a more preferred or equally\n preferred lighting style. For this purpose lighting styles are ranked as follows (with the most\n preferred lighting style listed first and the least preferred listed last): no lights; FAA Lighting\n Styles that do not involve use of red steady lights; and FAA Lighting Styles that involve use of\n red steady lights. A complete description of each FAA Lighting Style and the manner in which it\n is to be deployed can be found in the current version of FAA, U.S. Dept. of Transportation,\n Advisory Circular: Obstruction Marking and Lighting, AC 70/7460;\n\n (iv) For replacement of an existing antenna structure at the same geographic location that does not\n require an Environmental Assessment (EA) under § 1.1307(a) through (d) of this chapter,\n provided the new structure will not use a less preferred lighting style, there will be no\n substantial increase in size as defined in paragraph I(E)(1)–(3) of appendix B to part 1 of this\n chapter, and there will be no construction or excavation more than 30 feet beyond the existing\n antenna structure property;\n\n\n47 CFR 17.4(c)(1)(iv) (enhanced display) page 3 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(1)(v)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n (v) For any other change that does not alter the physical structure, lighting, or geographic location\n of an existing structure;\n\n (vi) For construction, modification, or replacement of an antenna structure on Federal land where\n another Federal agency has assumed responsibility for evaluating the potentially significant\n environmental effect of the proposed antenna structure on the quality of the human\n environment and for invoking any required environmental impact statement process, or for any\n other structure where another Federal agency has assumed such responsibilities pursuant to a\n written agreement with the Commission (see § 1.1311(e) of this chapter); or\n\n (vii) For the construction or deployment of an antenna structure that will:\n\n (A) Be in place for no more than 60 days,\n\n (B) Requires notice of construction to the FAA,\n\n (C) Does not require marking or lighting under FAA regulations,\n\n (D) Will be less than 200 feet in height above ground level, and\n\n (E) Will either involve no excavation or involve excavation only where the depth of previous\n disturbance exceeds the proposed construction depth (excluding footings and other\n anchoring mechanisms) by at least two feet. An applicant that relies on this exception\n must wait 30 days after removal of the antenna structure before relying on this exception\n to deploy another antenna structure covering substantially the same service area.\n\n (2) Commencement of the environmental notification process. The prospective applicant shall\n commence the environmental notification process by filing information about the proposed antenna\n structure with the Commission. This information shall include, at a minimum, all of the information\n required on FCC Form 854 regarding ownership and contact information, geographic location, and\n height, as well as the type of structure and anticipated lighting. The Wireless Telecommunications\n Bureau may utilize a partially completed FCC Form 854 to collect this information.\n\n (3) Local notice. The prospective applicant must provide local notice of the proposed new antenna\n structure or modification of an existing antenna structure through publication in a newspaper of\n general circulation or other appropriate means, such as through the public notification provisions of\n the relevant local zoning process. The local notice shall contain all of the descriptive information as\n to geographic location, configuration, height and anticipated lighting specifications reflected in the\n submission required pursuant to paragraph (c)(2) of this section. It must also provide information as\n to the procedure for interested persons to file Requests for environmental processing pursuant to §§\n 1.1307(c) and 1.1313(b) of this chapter, including any assigned file number, and state that such\n Requests may only raise environmental concerns.\n\n (4) National notice. On or after the local notice date provided by the prospective applicant, the\n Commission shall post notification of the proposed construction on its Web site. This posting shall\n include the information contained in the initial filing with the Commission or a link to such\n information. The posting shall remain on the Commission's Web site for a period of 30 days.\n\n\n\n\n47 CFR 17.4(c)(4) (enhanced display) page 4 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(5)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n (5) Requests for environmental processing. Any Request filed by an interested person pursuant to §§\n 1.1307(c) and 1.1313(b) of this chapter must be received by the Commission no later than 30 days\n after the proposed antenna structure goes on notice pursuant to paragraph (c)(4) of this section.\n The Wireless Telecommunications Bureau shall establish by public notice the process for filing\n Requests for environmental processing and responsive pleadings consistent with the following\n provisions.\n\n (i) Service and pleading cycle. The interested person or entity shall serve a copy of its Request on\n the prospective ASR applicant pursuant to § 1.47 of this chapter. Oppositions may be filed no\n later than 10 days after the time for filing Requests has expired. Replies to oppositions may be\n filed no later than 5 days after the time for filing oppositions has expired. Oppositions shall be\n served upon the Requester, and replies shall be served upon the prospective applicant.\n\n (ii) Content. An Environmental Request must state why the interested person or entity believes that\n the proposed antenna structure or physical modification of an existing antenna structure may\n have a significant impact on the quality of the human environment for which an Environmental\n Assessment must be considered by the Commission as required by § 1.1307 of this chapter, or\n why an Environmental Assessment submitted by the prospective Antenna Structure\n Registration (ASR) applicant does not adequately evaluate the potentially significant\n environmental effects of the proposal. The Request must be submitted as a written petition\n filed electronically, setting forth in detail the reasons supporting Requester's contentions. If the\n filer is unable to submit electronically, or if filing electronically would be unreasonably\n burdensome, the Request may be submitted by mail, with a request for waiver under §\n 1.1304(b) of this chapter.\n\n (6) Amendments. The prospective applicant must file an amendment to report any substantial change in\n the information provided to the Commission. An amendment will not require further local or national\n notice if the only reported change is a reduction in the height of the proposed new or modified\n antenna structure; if proposed lighting is removed or changed to a more preferred or equally\n preferred lighting style as set forth in paragraph (c)(1)(iii) of this section; or if the amendment\n reports only administrative changes that are not subject to the requirements specified in this\n paragraph. All other changes to the physical structure, lighting, or geographic location data for a\n proposed registered antenna structure require additional local and national notice and a new period\n for filing Requests pursuant to paragraphs (c)(3), (c)(4), and (c)(5) of this section.\n\n (7) Environmental Assessments. If an Environmental Assessment (EA) is required under § 1.1307 of this\n chapter, the antenna structure registration applicant shall attach the EA to its environmental\n submission, regardless of any requirement that the EA also be attached to an associated service-\n specific license or construction permit application. The contents of an EA are described in §§ 1.1308\n and 1.1311 of this chapter. The EA may be provided either with the initial environmental submission\n or as an amendment. If the EA is submitted as an amendment, the Commission shall post\n notification on its Web site for another 30 days pursuant to paragraph (c)(4) of this section and\n accept additional Requests pursuant to paragraph (c)(5) of this section. However, additional local\n notice pursuant to paragraph (c)(3) of this section shall not be required unless information has\n changed pursuant to paragraph (c)(6) of this section. The applicant shall serve a copy of the EA\n upon any party that has previously filed a Request pursuant to paragraph (c)(5) of this section.\n\n (8) Disposition. The processing Bureau shall resolve all environmental issues, in accordance with the\n environmental regulations (47 CFR 1.1301 through 1.1319) specified in part 1 of this chapter, before\n the tower owner, or the first tenant licensee acting on behalf of the owner, may complete the antenna\n\n47 CFR 17.4(c)(8) (enhanced display) page 5 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.4(c)(9)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n structure registration application. In a case where no EA is submitted, the Bureau shall notify the\n applicant whether an EA is required under § 1.1307(c) or (d) of this chapter. In a case where an EA is\n submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the\n applicant that further environmental processing is required pursuant to § 1.1308 of this chapter.\n Upon filing the completed antenna structure registration application, the applicant shall certify that\n the construction will not have a significant environmental impact, unless an Environmental Impact\n Statement is prepared pursuant to § 1.1314 of this chapter.\n\n (9) Transition rule. An antenna structure registration application that is pending with the Commission as\n of the effective date of this paragraph (c) shall not be required to complete the environmental\n notification process set forth in this paragraph. The Commission will publish a document in the\n FEDERAL REGISTER announcing the effective date. However, if such an application is amended in a\n manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such\n notice shall be required.\n\n (d) If a final FAA determination of “no hazard” is not submitted along with FCC Form 854, processing of the\n registration may be delayed or disapproved.\n\n (e) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal\n benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee authorized to\n locate on the structure (excluding tenants that no longer occupy the structure) must register the structure\n electronically using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form\n 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees\n notification that the structure has been registered, consistent with paragraph (f) of this section, and for\n posting the registration number as required by paragraph (g) of this section.\n\n (f) The Commission shall issue to the registrant FCC Form 854R, Antenna Structure Registration, which\n assigns a unique Antenna Structure Registration Number. The antenna structure owner shall immediately\n provide to all tenant licensees and permittees notification that the structure has been registered, along\n with either a copy of Form 854R or the Antenna Structure Registration Number and a link to the FCC\n antenna structure website: http://wireless.fcc.gov/antenna/. This notification must be done electronically.\n\n (g) Except as described in paragraph (h) of this section, the Antenna Structure Registration Number must be\n displayed so that it is conspicuously visible and legible from the publicly accessible area nearest the base\n of the antenna structure along the publicly accessible roadway or path. Where an antenna structure is\n surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna\n Structure Registration Number should be posted on the perimeter fence or access gate. Where multiple\n antenna structures having separate Antenna Structure Registration Numbers are located within a single\n fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or\n access gate and near the base of each antenna structure. If the base of the antenna structure has more\n than one point of access, the Antenna Structure Registration Number must be posted so that it is visible\n at the publicly accessible area nearest each such point of access. Materials used to display the Antenna\n Structure Registration Number must be weather-resistant and of sufficient size to be easily seen where\n posted.\n\n (h) The owner is not required to post the Antenna Structure Registration Number in cases where a federal,\n state, or local government entity provides written notice to the owner that such a posting would detract\n from the appearance of a historic landmark. In this case, the owner must make the Antenna Structure\n Registration Number available to representatives of the Commission, the FAA, and the general public upon\n reasonable demand.\n\n\n47 CFR 17.4(h) (enhanced display) page 6 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.4(i)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n (i) Absent Commission specification, the painting and lighting specifications recommended by the FAA are\n mandatory (see § 17.23). However, the Commission may specify painting and/or lighting requirements for\n each antenna structure registration in addition to or different from those specified by the FAA.\n\n (j) Any change or correction in the overall height of one foot or greater or coordinates of one second or\n greater in longitude or latitude of a registered antenna structure requires prior approval from the FAA and\n modification of the existing registration with the Commission.\n\n (k) Any change in the marking and lighting that varies from the specifications described on any antenna\n structure registration requires prior approval from the FAA and the Commission.\n\n[61 FR 4362, Feb. 6, 1996, as amended at 77 FR 3953, Jan. 26, 2012; 79 FR 56985, Sept. 24, 2014; 80 FR 1270, Jan. 8, 2015; 85 FR\n85532, Dec. 29, 2020]\n\n\nEffective Date Note: At 80 FR 1270, Jan. 8, 2015, § 17.4(c)(1)(vii) was added. This paragraph contains\ninformation collection and recordkeeping requirements and will not become effective until approval has been given\nby the Office of Management and Budget.\n\n\n§ 17.5 Commission consideration of applications for station authorization.\n (a) Applications for station authorization, excluding services authorized on a geographic basis, are reviewed\n to determine whether there is a requirement that the antenna structure in question must be registered\n with the Commission.\n\n (b) If registration is required, the registrant must supply the structure's registration number upon request by\n the Commission.\n\n (c) If registration is not required, the application for authorization will be processed without further regard to\n this chapter.\n\n[61 FR 4362, Feb. 6, 1996]\n\n\n§ 17.6 Responsibility for painting and lighting compliance.\n (a) The antenna structure owner is responsible for maintaining the painting and lighting in accordance with\n this part. However, if a licensee or permittee authorized on an antenna structure is aware that the\n structure is not being maintained in accordance with the specifications set forth on the Antenna Structure\n Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question\n whether the antenna structure owner is carrying out its responsibility under this part, the licensee or\n permittee must take immediate steps to ensure that the antenna structure is brought into compliance and\n remains in compliance. The licensee must:\n\n (1) Immediately notify the structure owner;\n\n (2) Immediately notify the site management company (if applicable);\n\n (3) Immediately notify the Commission; and,\n\n (4) Make a diligent effort to immediately bring the structure into compliance.\n\n\n\n\n47 CFR 17.6(a)(4) (enhanced display) page 7 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.6(b)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n (b) In the event of non-compliance by the antenna structure owner, the Commission may require each\n licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite\n period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of\n this part.\n\n (c) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal\n benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee authorized to\n locate on the structure (excluding tenants that no longer occupy the structure) must electronically register\n the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form\n 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees\n notification that the structure has been registered, consistent with § 17.4(f), and for posting the\n registration number as required by § 17.4(g).\n\n[61 FR 4363, Feb. 6, 1996, as amended at 79 FR 56985, Sept. 24, 2014; 85 FR 85532, Dec. 29, 2020]\n\n\nSubpart B—Federal Aviation Administration Notification Criteria\n§ 17.7 Antenna structures requiring notification to the FAA.\nA notification to the FAA is required, except as set forth in paragraph (e) of this section, for any of the following\nconstruction or alteration:\n\n (a) Any construction or alteration of more than 60.96 meters (200 feet) in height above ground level at its site.\n\n (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of\n the following slopes:\n\n (1) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the\n nearest runway of each airport described in paragraph (d) of this section with its longest runway\n more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports.\n\n (2) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the\n nearest runway of each airport described in paragraph (d) of this section with its longest runway no\n more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports.\n\n (3) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest\n landing and takeoff area of each heliport described in paragraph (d) of this section.\n\n (c) When requested by the FAA, any construction or alteration that would be in an instrument approach area\n (defined in the FAA standards governing instrument approach procedures) and available information\n indicates it might exceed an obstruction standard of the FAA.\n\n (d) Any construction or alteration on any of the following airports and heliports:\n\n (1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart\n Supplement of the U.S. Government Flight Information Publications;\n\n (2) A military airport under construction, or an airport under construction that will be available for public\n use;\n\n (3) An airport operated by a Federal agency or the United States Department of Defense.\n\n (4) An airport or heliport with at least one FAA-approved instrument approach procedure.\n\n\n47 CFR 17.7(d)(4) (enhanced display) page 8 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.7(e)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n (e) A notification to the FAA is not required for any of the following construction or alteration:\n\n (1) Any object that will be shielded by existing structures of a permanent and substantial nature or by\n natural terrain or topographic features of equal or greater height, and will be located in the congested\n area of a city, town, or settlement where the shielded structure will not adversely affect safety in air\n navigation;\n\n (2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or\n meteorological device meeting FAA-approved siting criteria or an appropriate military service siting\n criteria on military airports, the location and height of which are fixed by its functional purpose;\n\n (3) Any antenna structure of 6.10 meters (20 feet) or less in height, except one that would increase the\n height of another antenna structure.\n\n\n Note to § 17.7: Consideration to aeronautical facilities not in existence at the time of the filing of\n the application for radio facilities will be given only when proposed airport construction or\n improvement plans are on file with the Federal Aviation Administration as of the filing date of the\n application for such radio facilities.\n\n\n[39 FR 7581, Feb. 27, 1974, as amended at 39 FR 26157, July 17, 1974; 42 FR 54823, Oct. 11, 1977; 42 FR 57127, Nov. 1, 1977; 79\nFR 56986, Sept. 24, 2014]\n\n\n§ 17.8 Establishment of antenna farm areas.\n (a) Each antenna farm area will be established by an appropriate rulemaking proceeding, which may be\n commenced by the Commission on its own motion after consultation with the FAA, upon request of the\n FAA, or as a result of a petition filed by any interested person. After receipt of a petition from an interested\n person disclosing sufficient reasons to justify institution of a rulemaking proceeding, the Commission will\n request the advice of the FAA with respect to the considerations of menace to air navigation in terms of\n air safety which may be presented by the proposal. The written communication received from the FAA in\n response to the Commission's request shall be placed in the Commission's public rulemaking file\n containing the petition, and interested persons shall be allowed a period of 30 days within which to file\n statements with respect thereto. Such statements shall also be filed with the Administrator of the FAA\n with proof of such filing to be established in accordance with § 1.47 of this chapter. The Administrator of\n the FAA shall have a period of 15 days within which to file responses to such statements. If the\n Commission, upon consideration of the matters presented to it in accordance with the above procedure,\n is satisfied that establishment of the proposed antenna farm would constitute a menace to air navigation\n for reasons of air safety, rulemaking proceedings will not be instituted. If rulemaking proceedings are\n instituted, any person filing comments therein which concern the question of whether the proposed\n antenna farm will constitute a menace to air navigation shall file a copy of the comments with the\n Administrator of the FAA. Proof of such filing shall be established in accordance with § 1.47 of this\n chapter.\n\n (b) Nothing in this subpart shall be construed to mean that only one antenna farm area will be designated for\n a community. The Commission will consider on a case-by-case basis whether or not more than one\n antenna farm area shall be designated for a particular community.\n\n[32 FR 8813, June 21, 1967, as amended at 32 FR 13591, Sept. 28, 1967]\n\n\n47 CFR 17.8(b) (enhanced display) page 9 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.9\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n§ 17.9 Designated antenna farm areas.\nThe areas described in the following paragraphs of this section are established as antenna farm areas [appropriate\nparagraphs will be added as necessary].\n\n[32 FR 8813, June 21, 1967]\n\n\n§ 17.10 Antenna structures over 304.80 meters (1,000 feet) in height.\nWhere one or more antenna farm areas have been designated for a community or communities (see § 17.9), the\nCommission will not accept for filing an application to construct a new station or to increase height or change\nantenna location of an existing station proposing the erection of an antenna structure over 304.80 meters (1,000\nfeet) above ground unless:\n\n (a) It is proposed to locate the antenna structure in a designated antenna farm area, or\n\n (b) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will\n not constitute a menace to air navigation, or\n\n (c) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver.\n\n[32 FR 8813, June 21, 1967, as amended at 42 FR 54824, Oct. 11, 1977; 61 FR 4363, Feb. 6, 1996]\n\n\n§§ 17.14-17.17 [Reserved]\n\nSubpart C—Specifications for Obstruction Marking and Lighting of Antenna Structures\n§ 17.21 Painting and lighting, when required.\nAntenna structures shall be painted and lighted when:\n\n (a) Their height exceeds any obstruction standard requiring notification to the FAA (see § 17.4(a) and § 17.7).\n\n (b) The Commission may modify the above requirement for painting and/or lighting of antenna structures,\n when it is shown by the applicant that the absence of such marking would not impair the safety of air\n navigation, or that a lesser marking requirement would insure the safety thereof.\n\n (c) An antenna installation is of such a nature that its painting and lighting specifications in accordance with\n the FAA airspace recommendation are confusing, or endanger rather than assist airmen, or are otherwise\n inadequate. In these cases, the Commission will specify the type of painting and lighting or other marking\n to be used for the particular structure.\n\n[32 FR 11269, Aug. 3, 1967, as amended at 42 FR 54824, Oct. 11, 1977; 79 FR 56986, Sept. 24, 2014]\n\n\n§ 17.22 [Reserved]\n§ 17.23 Specifications for painting and lighting antenna structures.\nUnless otherwise specified by the Commission, each new or altered antenna structure must conform to the FAA's\npainting and lighting specifications set forth in the FAA's final determination of “no hazard” and the associated FAA\nstudy for that particular structure. For purposes of this part, any specifications, standards, and general requirements\n\n47 CFR 17.23 (enhanced display) page 10 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.24\nConstruction, Marking, and Lighting of Antenna Structures\n\n\nset forth by the FAA in the structure's determination of “no hazard” and the associated FAA study are mandatory.\nAdditionally, each antenna structure must be painted and lighted in accordance with any painting and lighting\nrequirements prescribed on the antenna structure's registration, or in accordance with any other specifications\nprovided by the Commission.\n\n[79 FR 56986, Sept. 24, 2014]\n\n\n§ 17.24 Existing structures.\nNo change to painting or lighting criteria or relocation of airports shall at any time impose a new restriction upon\nany then existing or authorized antenna structure or structures, unless the FAA issues a new determination of “no\nhazard” and associated FAA study for the particular structure.\n\n[79 FR 56986, Sept. 24, 2014]\n\n\n§§ 17.25-17.45 [Reserved]\n§ 17.47 Inspection of antenna structure lights and associated control equipment.\nThe owner of any antenna structure which is registered with the Commission and has been assigned lighting\nspecifications referenced in this part:\n\n (a)\n\n (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either\n visually or by observing an automatic properly maintained indicator designed to register any failure\n of such lights, to insure that all such lights are functioning properly as required; or alternatively,\n\n (2) Shall provide and properly maintain an automatic alarm system designed to detect any failure of\n such lights and to provide indication of such failure to the owner.\n\n (b) Shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators,\n and alarm systems associated with the antenna structure lighting to insure that such apparatus is\n functioning properly.\n\n (c) Is exempt from paragraph (b) of this section for any antenna structure monitored by a system that the\n Wireless Telecommunications Bureau has determined includes self-diagnostic features sufficient to\n render quarterly inspections unnecessary, upon certification of use of such system to the Bureau.\n\n[61 FR 4363, Feb. 6, 1996, as amended at 79 FR 56986, Sept. 24, 2014]\n\n\n§ 17.48 Notification of extinguishment or improper functioning of lights.\nThe owner of any antenna structure which is registered with the Commission and has been assigned lighting\nspecifications referenced in this part:\n\n (a) Shall report immediately to the FAA, by means acceptable to the FAA, any observed or otherwise known\n extinguishment or improper functioning of any top steady burning light or any flashing obstruction light,\n regardless of its position on the antenna structure, not corrected within 30 minutes. If the lights cannot be\n repaired within the FAA's Notices to Airmen (NOTAM) period, the owner shall notify the FAA to extend the\n outage date and report a return-to-service date. The owner shall repeat this process until the lights are\n\n47 CFR 17.48(a) (enhanced display) page 11 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.48(b)\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n repaired. Such reports shall set forth the condition of the light or lights, the circumstances which caused\n the failure, the probable date for restoration of service, the FCC Antenna Structure Registration Number,\n the height of the structure (AGL and AMSL if known) and the name, title, address, and telephone number\n of the person making the report. Further notification to the FAA by means acceptable to the FAA shall be\n given immediately upon resumption of normal operation of the light or lights.\n\n (b) An extinguishment or improper functioning of a steady burning side intermediate light or lights, shall be\n corrected as soon as practicable, but notification to the FAA of such extinguishment or improper\n functioning is not required.\n\n[32 FR 11273, Aug. 3, 1967, as amended at 39 FR 26157, July 17, 1974; 40 FR 30267, July 18, 1975; 61 FR 4364, Feb. 6, 1996; 79\nFR 56986, Sept. 24, 2014]\n\n\n§ 17.49 Recording of antenna structure light inspections in the owner record.\nThe owner of each antenna structure which is registered with the Commission and has been assigned lighting\nspecifications referenced in this part must maintain a record of any observed or otherwise known extinguishment or\nimproper functioning of a structure light. This record shall be retained for a period of two years and provided to the\nFCC or its agents upon request. The record shall include the following information for each such event:\n\n (a) The nature of such extinguishment or improper functioning.\n\n (b) The date and time the extinguishment or improper operation was observed or otherwise noted.\n\n (c) Date and time of FAA notification, if applicable.\n\n (d) The date, time and nature of adjustments, repairs, or replacements made.\n\n[48 FR 38477, Aug. 24, 1983, as amended at 61 FR 4364, Feb. 6, 1996; 79 FR 56987, Sept. 24, 2014]\n\n\n§ 17.50 Cleaning and repainting.\nAntenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to\nmaintain good visibility. Evaluation of the current paint status shall be made by using the FAA's In-Service Aviation\nOrange Tolerance Chart. This chart is based upon the color requirements contained in the National Bureau of\nStandards Report NBSIR 75–663, Color Requirements for the Marking of Obstructions.\n\n[79 FR 56987, Sept. 24, 2014]\n\n\n§ 17.51 [Reserved]\n§ 17.53 Lighting equipment and paint.\nThe lighting equipment, color or filters, and shade of paint referred to in the specifications are further defined in the\nfollowing government and/or Army-Navy aeronautical specifications, bulletins, and drawings (lamps are referred to\nby standard numbers):\n\n Outside white TT-P-1021 (Color No. 17875, FS-595).\n Aviation surface orange TT-P-591 (Color No. 12197, FS-595).\n Aviation surface orange, enamel TT-E-4891 (Color No. 12197, FS-595).\n\n\n47 CFR 17.53 (enhanced display) page 12 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.54\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n Aviation red obstruction light—color MIL-C-250502.\n Flashing beacons CAA-4463 Code Beacons, 300 mm.\n Do MIL-62732.\n Double and single obstruction light L-8103 (FAA AC No. 150/5345-24).\n Do MIL-L-78302.\n High intensity white obstruction light FAA/DOD L-856 (FAA AC No. 150/5345-43B4).\n 116-Watt lamp No. 116 A21/TS (6,000 h).\n 125-Watt lamp No. 125 A21/TS (6,000 h).\n 620-Watt lamp No. 620 PS-40 (3,000 h).\n 700-Watt lamp No. 700 PS-40 (6,000 h).\n\n1Copies of this specification can be obtained from the Specification Activity, Building 197, Room\n301, Naval Weapons Plant, 1st and N Streets, SE., Washington, D.C. 20407.\n\n2Copies of Military specifications can be obtained by contacting the Commanding Officer, Naval\nPublications and Forms Center, 5801 Tabor Ave., Attention: NPPC-105, Philadelphia, Pa. 19120.\n\n3Copies of Federal Aviation Administration specifications may be obtained from the Chief,\nConfiguration Control Branch, AAF–110, Department of Transportation, Federal Aviation\nAdministration, 800 Independence Avenue SW., Washington, D.C. 20591.\n\n4Copies of Federal Aviation Administration advisory circulars may be obtained from the\nDepartment of Transportation, Publications Section, TAD–443.1, 400 7th St. SW., Washington, D.C.\n20590.\n\n[33 FR 11540, Aug. 14, 1968, as amended at 40 FR 30267, July 18, 1975]\n\n\n§ 17.54 Rated lamp voltage.\nTo insure the necessary lumen output by obstruction lights, the rated voltage of incandescent lamps used shall\ncorrespond to be within 3 percent higher than the voltage across the lamp socket during the normal hours of\noperation.\n\n[42 FR 54826, Oct. 11, 1977]\n\n\n§ 17.56 Maintenance of lighting equipment.\nReplacing or repairing of lights, automatic indicators or automatic control or alarm systems shall be accomplished\nas soon as practicable.\n\n[79 FR 56986, Sept. 24, 2014]\n\n\n\n\n47 CFR 17.56 (enhanced display) page 13 of 14\n\f47 CFR Part 17 (up to date as of 2/20/2024)\n 47 CFR 17.57\nConstruction, Marking, and Lighting of Antenna Structures\n\n\n§ 17.57 Report of radio transmitting antenna construction, alteration, and/or removal.\nThe owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must\nnotify the Commission within 5 days of completion of construction by filing FCC Form 854–R and/or dismantlement\nby filing FCC Form 854. The owner must also notify the Commission within 5 days of any change in structure height\nor change in ownership information by filing FCC Form 854. FCC Forms 854 and 854–R, and all related\namendments, modifications, and attachments, shall be filed electronically.\n\n[85 FR 85532, Dec. 29, 2020]\n\n\n§ 17.58 [Reserved]\n\n\n\n\n47 CFR 17.58 (enhanced display) page 14 of 14\n\f"},"Part":{"kind":"string","value":""},"Topic":{"kind":"string","value":"C"}}}],"truncated":false,"partial":false},"paginationData":{"pageIndex":0,"numItemsPerPage":100,"numTotalItems":52,"offset":0,"length":100}},"jwt":"eyJhbGciOiJFZERTQSJ9.eyJyZWFkIjp0cnVlLCJwZXJtaXNzaW9ucyI6eyJyZXBvLmNvbnRlbnQucmVhZCI6dHJ1ZX0sImlhdCI6MTc3NjUxNTYxNiwic3ViIjoiL2RhdGFzZXRzL2x1Y3lkL2ZjYy1yZWd1bGF0aW9uc18xIiwiZXhwIjoxNzc2NTE5MjE2LCJpc3MiOiJodHRwczovL2h1Z2dpbmdmYWNlLmNvIn0.2xGRLtjPcjfJouj3mOtQTXaibxCquVJngFg6ySEkYBmUKtezddeIPn36iw83-vvVHA24B81E0qCXD_8Cr0TIBg","displayUrls":true,"splitSizeSummaries":[{"config":"default","split":"train","numRows":52,"numBytesParquet":5610258}]},"discussionsStats":{"closed":0,"open":1,"total":1},"fullWidth":true,"hasGatedAccess":true,"hasFullAccess":true,"isEmbedded":false,"savedQueries":{"community":[],"user":[]}}">
Content stringlengths 5.57k 2.04M | Part stringclasses 1
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47 CFR Part 19 Subpart B (up to date as of 2/20/2024)
47 CFR Part 19 Subpart B (Feb. 20, 2024)
Employee Responsibilities and Conduct
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapt... | C | |
47 CFR Part 68 (up to date as of 2/20/2024)
47 CFR Part 68 (Feb. 20, 2024)
Connection of Terminal Equipment to the Telephone Network
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I ... | C | |
47 CFR Part 19 (up to date as of 2/20/2024)
47 CFR Part 19 (Feb. 20, 2024)
Employee Responsibilities and Conduct
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal ... | C | |
47 CFR Part 73 (up to date as of 2/20/2024)
47 CFR Part 73 (Feb. 20, 2024)
Radio Broadcast Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
... | C | |
47 CFR 8.1 (up to date as of 2/20/2024)
47 CFR 8.1 (Feb. 20, 2024)
Transparency.
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
... | C | |
47 CFR Part 90 (up to date as of 2/20/2024)
47 CFR Part 90 (Feb. 20, 2024)
Private Land Mobile Radio Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications... | C | |
47 CFR Part 5 (up to date as of 2/20/2024)
47 CFR Part 5 (Feb. 20, 2024)
Experimental Radio Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commissio... | C | |
47 CFR Part 87 (up to date as of 2/20/2024)
47 CFR Part 87 (Feb. 20, 2024)
Aviation Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapt... | C | |
47 CFR Part 53 (up to date as of 2/20/2024)
47 CFR Part 53 (Feb. 20, 2024)
Special Provisions Concerning Bell Operating Companies
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
C... | C | |
47 CFR Part 15 (up to date as of 2/20/2024)
47 CFR Part 15 (Feb. 20, 2024)
Radio Frequency Devices
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commiss... | C | |
47 CFR Part 64 (up to date as of 2/20/2024)
47 CFR Part 64 (Feb. 20, 2024)
Miscellaneous Rules Relating to Common Carriers
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Co... | C | |
47 CFR Part 22 (up to date as of 2/20/2024)
47 CFR Part 22 (Feb. 20, 2024)
Public Mobile Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
S... | C | |
47 CFR Part 101 (up to date as of 2/20/2024)
47 CFR Part 101 (Feb. 20, 2024)
Fixed Microwave Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commissio... | C | |
47 CFR Part 9 (up to date as of 2/20/2024)
47 CFR Part 9 (Feb. 20, 2024)
911 Requirements
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapt... | C | |
47 CFR Part 67 (up to date as of 2/20/2024)
47 CFR Part 67 (Feb. 20, 2024)
Real-Time Text
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commis... | C | |
47 CFR Part 78 (up to date as of 2/20/2024)
47 CFR Part 78 (Feb. 20, 2024)
Cable Television Relay Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commi... | C | |
47 CFR Part 17 Subpart C (up to date as of 2/20/2024)
47 CFR Part 17 Subpart C (Feb. 20, 2024)
Specifications for Obstruction Marking and Lighting of Antenna Structures
This content is from the eCFR and is authoritative but unoffic... | C | |
47 CFR Part 80 (up to date as of 2/20/2024)
47 CFR Part 80 (Feb. 20, 2024)
Stations in the Maritime Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commi... | C | |
47 CFR Part 54 (up to date as of 2/20/2024)
47 CFR Part 54 (Feb. 20, 2024)
Universal Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapt... | C | |
47 CFR Part 63 (up to date as of 2/20/2024)
47 CFR Part 63 (Feb. 20, 2024)
Extension of Lines, New Lines, and Discontinuance, Reduction, Outage and...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommu... | C | |
47 CFR Part 25 (up to date as of 2/20/2024)
47 CFR Part 25 (Feb. 20, 2024)
Satellite Communications
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commissi... | C | |
47 CFR Part 19 Subpart A (up to date as of 2/20/2024)
47 CFR Part 19 Subpart A (Feb. 20, 2024)
General Provisions
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Commun... | C | |
47 CFR Part 74 (up to date as of 2/20/2024)
47 CFR Part 74 (Feb. 20, 2024)
Experimental Radio, Auxiliary, Special Broadcast and Other Program...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunicati... | C | |
47 CFR Part 43 (up to date as of 2/20/2024)
47 CFR Part 43 (Feb. 20, 2024)
Reports of Communication Common Carriers, Providers of International...
This content is from the eCFR and is authoritative but unofficial.
Title ... | C | |
47 CFR Part 97 (up to date as of 2/20/2024)
47 CFR Part 97 (Feb. 20, 2024)
Amateur Radio Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapte... | C | |
47 CFR Part 36 (up to date as of 2/20/2024)
47 CFR Part 36 (Feb. 20, 2024)
Jurisdictional Separations Procedures; Standard Procedures for...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
... | C | |
47 CFR Part 6 (up to date as of 2/20/2024)
47 CFR Part 6 (Feb. 20, 2024)
Access to Telecommunications Service, Telecommunications Equipment and...
This content is from the eCFR and is authoritative but unofficial.
Title 47 ... | C | |
47 CFR Part 61 (up to date as of 2/20/2024)
47 CFR Part 61 (Feb. 20, 2024)
Tariffs
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapter B... | C | |
47 CFR Part 3 (up to date as of 2/20/2024)
47 CFR Part 3 (Feb. 20, 2024)
Authorization and Administration of Accounting Authorities in Maritime...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunica... | C | |
47 CFR Part 27 (up to date as of 2/20/2024)
47 CFR Part 27 (Feb. 20, 2024)
Miscellaneous Wireless Communications Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communi... | C | |
47 CFR Part 17 Subpart A (up to date as of 2/20/2024)
47 CFR Part 17 Subpart A (Feb. 20, 2024)
General Information
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Commu... | C | |
47 CFR Part 8 (up to date as of 2/20/2024)
47 CFR Part 8 (Feb. 20, 2024)
Internet Freedom
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commi... | C | |
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission Subchapter A —General
Part 10 Wireless Emergency Alerts
Subpart A General Information
§ 10.1 Basis.
§ 10.2 Purpose.
§ 10.10 Definitions.
§ 10.11 WEA implementation timeline.
Sub... | h | |
47 CFR Part 65 (up to date as of 2/20/2024)
47 CFR Part 65 (Feb. 20, 2024)
Interstate Rate of Return Prescription, Procedures, and Methodologies
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunicati... | C | |
47 CFR Part 14 (up to date as of 2/20/2024)
47 CFR Part 14 (Feb. 20, 2024)
Access to Advanced Communications Services and Equipment by People with...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Te... | C | |
47 CFR Part 52 (up to date as of 2/20/2024)
47 CFR Part 52 (Feb. 20, 2024)
Numbering
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapter B —Com... | C | |
47 CFR Part 4 (up to date as of 2/20/2024)
47 CFR Part 4 (Feb. 20, 2024)
Disruptions to Communications
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Comm... | C | |
47 CFR Part 0 (up to date as of 2/20/2024)
47 CFR Part 0 (Feb. 20, 2024)
Commission Organization
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Sub... | C | |
47 CFR Part 18 (up to date as of 2/20/2024)
47 CFR Part 18 (Feb. 20, 2024)
Industrial, Scientific, and Medical Equipment
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communic... | C | |
47 CFR Part 69 (up to date as of 2/20/2024)
47 CFR Part 69 (Feb. 20, 2024)
Access Charges
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapter B —Co... | C | |
47 CFR Part 76 (up to date as of 2/20/2024)
47 CFR Part 76 (Feb. 20, 2024)
Multichannel Video and Cable Television Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communica... | C | |
47 CFR Part 30 (up to date as of 2/20/2024)
47 CFR Part 30 (Feb. 20, 2024)
Upper Microwave Flexible Use Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communicat... | C | |
47 CFR Part 59 (up to date as of 2/20/2024)
47 CFR Part 59 (Feb. 20, 2024)
Infrastructure Sharing
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communicatio... | C | |
47 CFR Part 7 (up to date as of 2/20/2024)
47 CFR Part 7 (Feb. 20, 2024)
Access to Voicemail and Interactive Menu Services and Equipment by...
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunic... | C | |
47 CFR Part 42 (up to date as of 2/20/2024)
47 CFR Part 42 (Feb. 20, 2024)
Preservation of Records of Communication Common Carriers
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunicatio... | C | |
47 CFR Part 96 (up to date as of 2/20/2024)
47 CFR Part 96 (Feb. 20, 2024)
Citizens Broadband Radio Service
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications ... | C | |
47 CFR Part 17 Subpart B (up to date as of 2/20/2024)
47 CFR Part 17 Subpart B (Feb. 20, 2024)
Federal Aviation Administration Notification Criteria
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telec... | C | |
47 CFR Part 24 (up to date as of 2/20/2024)
47 CFR Part 24 (Feb. 20, 2024)
Personal Communications Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commissio... | C | |
47 CFR Part 13 (up to date as of 2/20/2024)
47 CFR Part 13 (Feb. 20, 2024)
Commercial Radio Operators
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commis... | C | |
47 CFR Part 20 (up to date as of 2/20/2024)
47 CFR Part 20 (Feb. 20, 2024)
Commercial Mobile Services
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communic... | C | |
47 CFR Part 51 (up to date as of 2/20/2024)
47 CFR Part 51 (Feb. 20, 2024)
Interconnection
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I —Federal Communications Commission
Subchapt... | C | |
47 CFR Part 17 (up to date as of 2/20/2024)
47 CFR Part 17 (Feb. 20, 2024)
Construction, Marking, and Lighting of Antenna Structures
This content is from the eCFR and is authoritative but unofficial.
Title 47 —Telecommunication
Chapter I... | C |
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